Terms of Service

These terms are an agreement between Business API Pty Ltd (ABN 62 651 575 843), trading as Call Sure ("we", "us", "our"), and the business that signs up to use Call Sure ("you", "your"). Please read them carefully, especially section 4 (what the service can't do), section 15 (our liability), section 16 (indemnities) and section 17 (claims and disputes).

1. Key words

• Service: Call Sure, our AI phone receptionist, including the website, your account, the assistant, phone numbers we provide and our support.
• Assistant: the automated (AI) receptionist that answers your calls.
• Callers: people who ring a number that is answered by the service.
• Team members: the people you list to receive transferred calls.
• Your content: your business details, instructions, team details and other information you give us, and the call records, messages, transcripts, summaries and recordings created for you.
• Our associates: our related bodies corporate, and our and their officers, directors, employees, contractors, agents and suppliers.
• Providers: the third parties we use to run the service, including our telephony provider and carriers, AI providers, hosting, email and payment processor.
• Fees: the amounts payable for the service under section 10.
• Australian Consumer Law: Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. Accepting these terms

• By creating an account, starting a trial or using the service, you agree to these terms, our Privacy Policy and the plan details shown in your account when you choose a plan.
• The service is for businesses only. You confirm that you are using it for the purposes of a business, not for personal, domestic or household use.
• The person who signs up confirms they are at least 18 and are authorised to agree to these terms for the business.
• You confirm you are not a person or entity subject to Australian sanctions laws.

3. The service

• The assistant answers calls to your number, talks with callers, takes messages and can try to transfer callers to your team members during the business hours you set. You can see your calls, messages, transcripts and (if turned on) recordings in your account.
• We provide the service with due care and skill. We may improve and change it over time. If a change significantly reduces what you are paying for, we will tell you at least 30 days before it takes effect and you may cancel and receive a pro rata refund (by day) of fees paid in advance for the period after you cancel.
• Custom work. For enterprise clients we may build custom features, such as connections to your systems or an AI model trained on your business information. Scope, pricing, timing and data handling are agreed in writing before work starts, and that agreement prevails over these terms where they differ.
• Private AI option. Enterprise clients may ask for the AI model to run on our own infrastructure. Availability, pricing and any differences in features are agreed in writing.
• Beta features. Features marked beta or early access are provided as is, may change or stop at any time, and aren't covered by any service commitments. The private AI option and custom work above are not beta features unless the written agreement for them says so.
• We may need to pause the service briefly for maintenance or urgent security reasons. We try to keep this short and outside business hours where we can.

4. What the service can't do

• AI can make mistakes. The assistant uses automated speech recognition and AI. It can mishear, misunderstand, get names, numbers or details wrong, write an inaccurate message or summary, or occasionally say something it should not. You must check messages and transcripts and call back when something matters. Tell us if the assistant gets something wrong so we can help fix your instructions.
• No guarantees about calls. We do not promise that the service will be uninterrupted or error free, that every call will be answered, that every message will be captured or delivered, or that any transfer will connect. Transfers also depend on your team members answering.
• Networks we don't control. Calls travel over phone networks, carriers, call forwarding and internet connections that we do not control, including your own phone provider. Calls can drop, be delayed, have poor audio or not arrive at all.
• Not for emergencies. Call Sure is not an emergency service. It cannot contact emergency services and may not recognise an emergency. Do not rely on it, or advertise your number, for emergencies or for anything where a missed or misunderstood call could put someone's life, health, safety or property at risk. Callers in an emergency should call 000.
• No professional advice. The assistant does not give legal, medical, financial or other professional advice. Anything it says is based on the instructions you give it.

5. Your account

• Give us accurate details and keep them up to date.
• Keep sign-in details and two-factor codes secure, and tell us straight away if you think someone else has used your account.
• You are responsible for what happens in your account, including changes made by anyone you give access to.

6. Your responsibilities

• Your instructions. The assistant relies on the information and instructions you give it (business details, team members, hours, prices, what to say and not say). You must make sure they are accurate, current and lawful. You are responsible for what the assistant tells callers based on your instructions, including prices, promises and claims about your business.
• Lawful use. You must use the service lawfully, including privacy, consumer, surveillance and telecommunications laws, and follow our acceptable use rules in section 7.
• Call recording. Recording is off unless you turn it on. If you turn it on, you are responsible for making sure recording is lawful for your business, including under the surveillance and listening devices laws of each state and territory you deal with, some of which require every party's consent. The assistant tells callers the call is recorded, but you must tell us if your situation needs anything more. If you record whole calls, you must also tell your team members that transferred calls are recorded.
• Telling callers the call may be recorded. The assistant tells callers at the start of each call that the call may be recorded (a transcript is a record too). You can turn that off unless you record calls, in which case it always stays on. If you turn it off, you're responsible for telling callers their call is recorded and transcribed where the law requires it, for example in NSW, Victoria, WA and SA.
• Telling callers about the virtual receptionist. The assistant can tell callers up front that they're talking to a virtual receptionist, and you can switch that off. If it's off, you are responsible for telling your callers they may be speaking with a virtual receptionist wherever the law or fair dealing requires it.
• Your callers' privacy. You are responsible for how your business uses callers' information, and for your own privacy policy telling callers that calls may be answered by a virtual assistant and handled by service providers on your behalf.
• Your team. Make sure each team member you list has agreed to receive transferred calls, to take the confirmation call that verifies their phone, and to have their name and number used for that.
• Numbers you use. You may only verify, forward, connect or port numbers that you own or are authorised to use. We confirm business numbers and team phones with a code call before we use them, and you must not try to get around that check.
• Emergency numbers. Don't list 000, 112 or 106 as team or business numbers.
• Call forwarding. If you forward your number to us, you are responsible for setting up and keeping the forwarding working with your phone provider, and for any charges your provider makes for it.
• Our number is not your public number. A Call Sure number we give you for forwarding is only a forwarding destination. You must not publish, advertise or give it to customers.
• Cooperation. Give us the information we reasonably ask for to provide the service, meet regulatory requirements (for example, identity and address details our telephony provider needs for Australian numbers) and investigate problems.

7. Acceptable use

You must not use the service, or let anyone else use it, to:

• break any law, regulation, industry code or requirement of our telephony provider or carriers;
• record, monitor or collect information from calls without any notice or consent the law requires;
• mislead people about who they are dealing with, impersonate anyone, or disguise where a call comes from;
• make unsolicited marketing calls, send spam or carry out scams, fraud or harassment;
• handle emergency or safety-critical calls, or calls about services you are not lawfully allowed to provide;
• collect sensitive information (such as health or financial details) beyond what a caller chooses to give for their message, unless the law allows it and you have told us;
• get around usage limits, verification checks, the free trial rules or billing;
• interfere with, overload, probe or attack the service, or copy, reverse engineer or resell it; or
• infringe anyone's rights, or say anything defamatory, abusive or discriminatory.

Tell us straight away if you become aware of misuse of your account or the service.

8. Phone numbers

• Ways to connect. You can forward your existing number to a Call Sure number, have us get a new number for you, or port your existing number to us. One number per business unless your plan says otherwise.
• Calls dialled straight to a forwarding number. A forwarding number only answers once your forwarding test has reached it, and you or we may set it to answer only calls forwarded from your verified business number. Calls dialled straight to it may then be refused.
• Forwarding numbers stay ours. A forwarding number we give you remains ours (held through our telephony provider). It is not yours to keep or port. When it is no longer used for you (for example, when your own or a new number goes live, or your account closes), we take it back and, after a cool-off period of at least 90 days, may give it to another business. We may change your forwarding number if we have to (for example, at a carrier's request), and will give you as much notice as we reasonably can.
• New numbers. A new number we get for you is held by us through our telephony provider under the rules of the telecommunications industry. If you want to keep it when you leave, ask us before your account closes, or within 30 days after (see below), and we will help you port it out where the rules allow.
• Porting in. If you port your number to us, you authorise us and our telephony provider to act for you in the port. Porting depends on your current provider and the carriers, can take time and can occasionally interrupt calls. You are responsible for any contract or fees with your current provider. If you later leave, we will help you port the number out where the rules allow.
• Your own number after closure. We keep a new or ported-in number for 30 days after your account closes so you can port it out. After that we may release it, and it may then be lost. This does not apply to forwarding numbers, which are ours and are taken back as described above.
• Regulatory requirements. Australian numbers come with identity and address requirements. If a carrier or regulator requires us to change, suspend or withdraw a number, we may do so, and will tell you as early as we reasonably can.

9. Free trial

• A new business can have one free trial of 14 days or 60 minutes of calls, whichever runs out first. No card is needed. The features included are shown in your account.
• The trial is once per business. We may refuse a trial, or end it early, if we reasonably believe the business, its numbers or its people have already had one, or the trial is being misused.
• When the trial ends, the assistant stops answering until you choose a plan. During your business hours, calls are put straight through to your first team member instead; outside your business hours callers hear a short apology asking them to call back.
• If you don't choose a plan, the number we lent you is released 7 days after the trial ends. We email you when the trial ends and again 3 days before. After that, calls forwarded to it are no longer answered, so remove your call forwarding before then. If you choose a plan later, you get a new Call Sure number and set up forwarding to it again.
• Our liability during a trial is limited as set out in section 15.

10. Fees and billing

• Plans. You pay the fee for the plan you choose, monthly or yearly, at the prices and with the included minutes, extra-minute rate and team size shown in your account when you choose it. Plans renew automatically until cancelled. There is no lock-in contract beyond the period you have paid for. For a yearly plan, we email you about 30 days before it renews, with the renewal date and amount and how to switch or cancel.
• GST. All prices are in Australian dollars and exclude GST, which is added at 10%. We send a tax invoice for each payment.
• Payment. Plan fees are charged in advance to your card through our payment processor. You authorise us to charge that card for all fees when due.
• Minutes. Included minutes are per month on both monthly and yearly plans and do not roll over. Each answered call is rounded up to the next whole minute. Minutes over your allowance are charged at your plan's extra-minute rate after the month they were used in.
• Spending limit. You can set a monthly limit on extra-minute charges in your account. We never charge extra minutes beyond it. Once it is reached, for the rest of that billing period (unless you raise the limit) the assistant keeps answering and taking messages, but does not transfer calls to your team, and each call is kept short. Those calls are not charged. If they add up to an unusually high number of minutes in a billing period (currently 200), calls for the rest of it are put straight through to your first team member during your business hours, and outside your business hours callers hear a short apology asking them to call back.
• Discounts. Promotional discounts apply only to plan fees, not extra minutes, unless we say otherwise.
• Plan changes. Upgrades apply straight away, and you pay the difference for the rest of the period. Downgrades and switches between monthly and yearly apply from your next renewal. If a smaller plan allows fewer team members, the extra people are switched off (not deleted).
• Price changes. We may change our prices with at least 30 days' notice by email. The new price applies from your next billing period after the notice ends (for a yearly plan, your next yearly renewal). If you don't accept it, you can cancel before it applies.
• Disputed charges. If you think a charge is wrong, tell us within 60 days of the invoice, with your reasons. We will look into it in good faith and correct any error. Please pay the rest of the invoice in the meantime.
• Chargebacks. Please raise billing concerns with us first. A chargeback on an amount that isn't genuinely disputed is treated as non-payment under section 11, and you pay any dispute fee charged to us.
• No set-off. You must pay fees in full without setting off amounts you say we owe you, except where the law allows.
• Refunds. Fees already paid are not refundable, except where these terms say so or the law (including the Australian Consumer Law) requires. Where these terms give a refund of fees paid in advance, it is worked out pro rata by day for the unused part of the period, and does not include extra-minute charges for minutes already used.

11. If a payment fails

If a payment fails, we will retry your card and email you. If it is still unpaid:

• after 7 days we send a reminder;
• after 14 days the assistant keeps answering and taking messages, but stops transferring calls to your team;
• after 30 days the service is paused and calls to your number are no longer answered by the assistant.

Paying the amount owed restores the service. If an account stays unpaid after it is paused, we may close it and recover the amount owed, including reasonable costs of collection.

12. Suspending or ending the service

You

• You can cancel at any time in your account. Cancelling takes effect at the end of the current billing period, and you keep the service until then.
• You can also close your account from the Account page. Closing takes effect straight away: the service stops, your plan is cancelled without a refund for the rest of the period, and extra minutes already used are still payable.

Us

• We may end the service for any reason with at least 30 days' notice. We will refund fees paid in advance for the period after it ends, pro rata by day.
• We may suspend or end the service, or part of it, with notice if you materially breach these terms and do not fix the breach within 14 days of our notice, or if you do not pay (see section 11).
• We may suspend the service immediately, and end it if the problem is not resolved, if we reasonably believe that: it is being used unlawfully, fraudulently or in breach of section 7; there is a serious risk to callers, other clients, the service or our providers; a carrier, our telephony provider or a regulator requires it; or (where the law allows) you are insolvent. Where reasonable, we will warn you first and give you a chance to fix the problem. Any suspension will last only as long as reasonably needed.

Either of us

• Either of us may end these terms by notice if the other materially breaches them and does not fix the breach within 30 days of notice, or (where the law allows) becomes insolvent. If you end them because of our breach, we will refund fees paid in advance for the period after they end, pro rata by day.

When the service ends

• Your number stops being answered by the assistant, and forwarding numbers are taken back as described in section 8. A new or ported-in number is kept for 30 days so you can port it out (section 8). Remove any forwarding to us from your phone line.
• Fees owed up to the end, including extra minutes, are still payable.
• You can ask us for a copy of your call records before your account closes. Within 90 days after your account closes, we delete or de-identify your content, except records the law requires us to keep (such as billing and tax records). We can do it sooner if you ask.
• Sections that by their nature should continue (including 13 to 17 and 20) continue after the service ends.

13. Your data and ours

• Your content is yours. You give us a non-exclusive licence to use, copy, store, transmit and process your content only as needed to provide, support, secure and improve the service for you, to comply with the law, and to use it as described in our Privacy Policy. Our authorised staff and our providers may access it for those purposes.
• Callers' information. We handle your callers' information on your behalf. We follow your reasonable instructions, help you respond to callers' requests to access or correct their information, and delete it when you ask. Enterprise clients can request a data processing agreement.
• Security incidents. If we become aware of a security incident affecting your content, we'll tell you without undue delay and work with you on any notices.
• No AI training. We do not use your content or your callers' information to train AI models, and we have switched off model training with our AI providers. The only exception is an enterprise custom AI model you instruct us in writing to train on your own business information: it is used only for you, never shared or used for anyone else, and deleted when you ask.
• Statistics. We may create aggregated, de-identified data (such as call volumes, lengths and outcomes) that does not identify you, your callers or anyone else, and use it to run, analyse and improve the service.
• Our property. We (or our licensors) own the service, our software, prompts, voice settings, designs and documentation, and any improvements. You get a non-transferable right to use the service while your account is active. Suggestions you give us may be used freely.
• Retention. We keep call recordings for 90 days, and remove caller details (such as names, numbers, messages and transcripts) after 12 months by default, or another period you agree with us. You are responsible for keeping your own copy of anything you need for longer.
• Confidentiality. Each of us will keep the other's non-public business information confidential and use it only for the purposes of these terms, unless the law requires disclosure.

14. Third-party providers

The service depends on providers we do not control, including telephony providers, carriers, AI providers, hosting and our payment processor. We choose them carefully, but to the extent the law allows, we are not responsible for their acts, omissions, outages or changes, except to the extent we caused or contributed to the problem. Your own phone provider, phone line, internet connection and devices are your responsibility.

A list of our key providers and the countries they process information in is available on request. We'll email you before adding a provider that changes where information is processed.

15. Our liability to you

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited, at our option, to supplying the service again or paying the cost of having it supplied again.

Subject to that, and to the maximum extent the law allows:

• Disclaimer. Apart from what these terms expressly say, the service is provided as is, and we give no other promises or warranties, including that it will meet your particular needs or that the assistant's output will be accurate or complete.
• No indirect loss. Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business, jobs, customers, opportunity, goodwill or reputation. We are also not liable for loss caused by a missed call, a wrong or missing message or a failed transfer, except to the extent it was caused by our negligence or our breach of these terms. This does not limit your obligation to pay fees, or either party's liability under section 16 for claims made by third parties.
• Our negligence and data breaches. Nothing in this section excludes our liability for loss caused by our own negligence, or by a breach of security or privacy law in our systems that exposes your content or your callers' information. That liability is subject only to the cap below.
• Cap. Our total liability to you for all claims relating to the service or these terms, however arising (including negligence), is limited to the greater of the fees you paid us in the 12 months before the claim and A$1,000.
• Your contribution. Our liability is reduced to the extent that you or your team members caused or contributed to the loss, including by not following these terms or not checking messages.
• Mitigation. Each of us must take reasonable steps to reduce any loss we suffer.
• What the limits don't cover. These limits do not apply to liability that cannot be limited by law, or to loss caused by our fraud or wilful misconduct.
• Our associates. Our associates are not personally liable to you for anything relating to the service, other than for their own fraud or wilful misconduct. We hold the benefit of this section and section 16 for them.

16. Indemnities

Your indemnity

You indemnify us and our associates against any loss, liability, cost and expense (including reasonable legal costs), and, to the extent the law allows, any fine or penalty, arising from a claim, complaint or investigation by a third party (including a caller, your team member, your customer, a carrier or a regulator) to the extent it arises from:

• your content, including the instructions and information you give the assistant and what it says to callers because of them;
• your use of the service, or use through your account, in breach of these terms or the law;
• recording calls, or failing to give callers or team members a notice or get a consent, where that is your responsibility under section 6;
• how you or your business use callers' information or messages;
• numbers you verify, forward, connect or port, including where you were not authorised to use them, or publishing a forwarding number; or
• your dealings with your own customers, callers and team members.

This indemnity does not apply to the extent the loss was caused or contributed to by our breach of these terms, our negligence, or our fraud or wilful misconduct, or our associates'.

Our indemnity

We indemnify you against any loss, liability, cost and expense (including reasonable legal costs), and, to the extent the law allows, any fine or penalty, arising from a claim, complaint or investigation by a third party to the extent it arises from:

• our breach of privacy law in providing the service; or
• a claim that the service itself (not your content, or the way you use it in breach of these terms) infringes someone's intellectual property rights.

This indemnity does not apply to the extent the loss was caused or contributed to by your breach of these terms, your negligence, or your fraud or wilful misconduct, and it is subject to the cap in section 15.

How claims are handled

The party asking to be indemnified will tell the other promptly about a claim covered by this section, take reasonable steps to reduce the loss, and not settle it without first consulting the other.

17. Claims and disputes

These steps apply equally to both of us, and are meant to resolve problems quickly and fairly.

• Notice of a claim. If either of us wants to make a claim against the other, it must give written notice as soon as reasonably possible, and within 6 months after it became aware (or should reasonably have become aware) of the facts giving rise to the claim. The notice must give reasonable particulars: what happened, when, which calls or invoices are involved, the loss claimed and how it was worked out. If notice is given late, the other party is not liable to the extent the delay caused it extra loss or stopped it from fixing the problem.
• Talk first. Within 10 business days after a notice, senior people from each of us must meet (by phone or video is fine) and try in good faith to resolve the dispute.
• Then mediation. If it is not resolved within 20 business days after the notice, either of us may refer it to mediation, held in Queensland or by video conference, by a mediator we agree on or, failing agreement within 10 business days, one appointed by the Resolution Institute. Each of us pays our own costs of the mediation, and we share the mediator's fees equally.
• Court. Neither of us may start court proceedings about a dispute until these steps have been followed, unless the mediation has not resolved it within 30 business days after the referral. Either of us may still seek urgent injunctive or interim relief at any time, and either of us may sue the other for a debt that is due and not genuinely disputed at any time.
• Time limit. Court proceedings about a claim under or relating to these terms must be started within 3 years after the cause of action arose, plus any time spent in the steps above. This does not apply to claims for fraud or wilful misconduct, or to any right under the Australian Consumer Law or other law that cannot be limited by agreement.
• Our records. Our system records of calls, transcripts, messages, transfers, usage and charges are evidence of what they record unless shown to be wrong. You may rely on any other evidence to show they are wrong.

18. Events outside our control

Neither of us is liable for a failure or delay caused by something beyond its reasonable control, such as a network or carrier outage, a failure of a provider, a cyber attack, power failure, natural disaster, pandemic, or a change in law, as long as it tells the other promptly and takes reasonable steps to limit the effect. This does not excuse paying fees for service already provided. If such an event stops the service for more than 30 days, either of us may end these terms by notice, and we will refund fees paid in advance for the period after they end, pro rata by day.

19. Changes to these terms

We may update these terms. We will email you at least 30 days before a change that is likely to disadvantage you takes effect. If you do not agree, you can cancel before then, and we will refund fees paid in advance for the period after the change takes effect, pro rata by day. Changes that do not disadvantage you (for example, clearer wording or a new feature) can take effect when we publish them. Continuing to use the service after a change takes effect means you accept the new terms.

20. General

• Governing law. These terms are governed by the laws of Queensland, Australia, and you and we submit to the courts of Queensland and the courts that hear appeals from them.
• Notices. We may send notices to the email address on your account. You may send notices to [email protected]. An email is received when it reaches the recipient's mail server, unless the sender gets a delivery failure.
• Marketing emails. You agree that we may email you about Call Sure features and offers. You can unsubscribe at any time, using the link in the email or by emailing us. Account, billing and call alert emails continue while you have an account.
• Publicity. We'll only name you as a client, or use your logo, with your permission. You may not use our name or logo without ours.
• Assignment. You may not transfer your account or these terms without our agreement, which we will not unreasonably refuse. We may transfer them to a buyer of the Call Sure business or a related body corporate that agrees to be bound by them, after telling you, as long as it does not reduce your rights.
• Subcontracting. We may use providers and contractors to provide the service, and remain responsible for the service under these terms.
• Entire agreement. These terms, our Privacy Policy and the plan details in your account are the whole agreement between us about the service. If they conflict, these terms apply.
• Severance. If any part of these terms is unenforceable, it is read down or, if that is not possible, removed, and the rest still applies.
• Waiver. A right is only waived if it is waived in writing. Not exercising a right straight away does not waive it.
• Relationship. Nothing in these terms makes either of us the other's partner, employee or agent, except where you authorise us to act for you in a port.

Contact us

Business API Pty Ltd, Southport, Queensland
Email: [email protected]