Terms of Service

In these Terms: "Agreement" means these Terms of Service together with any Order Form, Statement of Work, or subscription confirmation. "Client", "you", or "your" means the business entity or individual who subscribes to or uses the Service. "HireSmartAgents Pty Ltd", "we", "us", or "our" means HireSmartAgents Pty Ltd (ABN: [ABN to be inserted]), a company incorporated in Australia. "Service" means the AI voice agent platform, including any associated software, APIs, dashboards, call routing, recording, transcription, and lead-capture functionality provided by us. "Call Data" means all audio recordings, transcripts, metadata, and derived analytics generated through the Service. "User" means any individual authorised by you to access and operate the Service.

By accessing or using the Service — including clicking "I Agree", completing an order, or making a payment — you agree to be bound by this Agreement. If you are entering this Agreement on behalf of a business, you warrant that you have authority to bind that business. If you do not accept these Terms, you must not access or use the Service. We may amend these Terms at any time by publishing an updated version at hiresmartagents.com.au/terms and notifying you by email. Your continued use of the Service after the effective date of the amended Terms constitutes acceptance.

HireSmartAgents provides AI-powered voice agents that handle inbound and outbound phone calls on your behalf. The Service includes: — AI voice agent answering, qualifying, and routing calls according to your configured scripts and rules — Recording and transcription of call sessions — A dashboard for reviewing interactions, leads, and analytics — Optional integration with your existing telephone number or a new Australian virtual number — Customer support and onboarding assistance The Service is provided on a best-efforts basis. While we target high availability, we do not guarantee that the Service will be uninterrupted or error-free. Scheduled maintenance will be communicated in advance where practicable.

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at legal@hiresmartagents.com.au if you become aware of any unauthorised use of your account. We will not be liable for any loss arising from unauthorised use of your account where you have failed to take reasonable steps to protect your credentials. You may not share account credentials across multiple business entities or resell access to the Service without our prior written consent.

You agree to use the Service only for lawful purposes and in accordance with this Agreement. You must not: — Use the Service to conduct or facilitate illegal activities, including fraud, harassment, or unsolicited telemarketing in breach of the Australian Spam Act 2003 or Do Not Call Register Act 2006 — Misrepresent the AI nature of your voice agent in contexts where disclosure is required by law — Transmit or store content that is defamatory, abusive, pornographic, or otherwise objectionable — Attempt to reverse-engineer, decompile, or extract the underlying models or infrastructure of the Service — Use the Service to train competing AI products or to benchmark our technology without written consent — Exceed usage limits in a manner that degrades service for other clients We reserve the right to suspend or terminate accounts that breach this clause without notice.

The Service automatically records and transcribes calls handled by your AI voice agent. Your obligations: You are solely responsible for ensuring compliance with all applicable laws regarding call recording and disclosure, including without limitation the Telecommunications (Interception and Access) Act 1979 (Cth) and relevant state listening device legislation. In most Australian jurisdictions, at least one party to a call must consent to recording. Your AI agent's greeting script should include an appropriate disclosure statement. We provide standard disclosure language in your onboarding materials, but you accept final responsibility for its legal adequacy in your jurisdiction and industry. Our use of Call Data: We use Call Data solely to provide and improve the Service, including training quality assurance and detecting errors. We do not sell Call Data to third parties. Aggregated, de-identified data may be used for product analytics.

Fees are set out in your subscription plan or Order Form and may include a base monthly fee, per-minute usage charges, or both. Payment: Fees are billed in advance on a monthly or annual cycle. All amounts are in Australian dollars (AUD) and are exclusive of GST, which will be added where applicable. Payment is due within seven (7) days of invoice. Failed payments: If payment fails, we may suspend access after providing three (3) business days' notice. Outstanding balances accrue interest at 10% per annum. Refunds: We do not provide refunds for partially used billing periods. If we materially change or discontinue the Service, we will provide a pro-rated refund for any prepaid unused period. Cancellation: You may cancel at any time from your dashboard settings. Cancellation takes effect at the end of the current billing cycle. We may terminate this Agreement immediately for material breach.

Our IP: All rights in the Service, including software, algorithms, models, design, documentation, and trademarks, remain the exclusive property of HireSmartAgents Pty Ltd. Nothing in this Agreement transfers any ownership interest to you. Your IP: You retain all intellectual property rights in your business data, scripts, call content, and brand materials. You grant us a limited, non-exclusive licence to use your content solely to provide and improve the Service. Feedback: If you provide suggestions or feedback about the Service, you grant us a perpetual, royalty-free licence to incorporate that feedback into the Service without obligation to you.

Each party agrees to keep confidential any non-public information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly known without breach of this Agreement; (b) was already known to the receiving party; (c) is lawfully received from a third party without restriction; or (d) must be disclosed by law or regulatory order. Obligations survive termination for three (3) years.

We collect and handle personal information in accordance with our Privacy Policy at hiresmartagents.com.au/privacy and the Australian Privacy Act 1988 (Cth). You acknowledge that the Service may process personal information of your customers (including their voice data). You must have appropriate authority or consent to provide this information to us and must comply with all applicable privacy laws in your use of the Service.

We warrant that: (a) we have the right to provide the Service; and (b) the Service will be provided with reasonable care and skill. To the extent permitted by law, the Service is otherwise provided "as is" and we disclaim all implied warranties, including fitness for a particular purpose and non-infringement. Certain guarantees under the Australian Consumer Law cannot be excluded. Nothing in these Terms limits rights you may have under that legislation.

To the maximum extent permitted by law: — Our total aggregate liability to you in any 12-month period is limited to the total fees paid by you in that period. — We are not liable for any indirect, consequential, incidental, special, or punitive damages, including loss of revenue, loss of data, loss of business opportunity, or reputational harm. — We are not liable for failures caused by third-party telecommunications providers, internet outages, force majeure events, or your failure to comply with this Agreement. Nothing in this clause excludes liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation.

You agree to indemnify, defend, and hold harmless HireSmartAgents Pty Ltd and its officers, employees, and contractors from any claim, loss, or expense (including reasonable legal fees) arising from: — Your use of the Service in breach of this Agreement or any law — Content or instructions you provide to configure the Service — Your failure to obtain necessary consents for call recording or data collection — Any claim by a third party relating to calls handled on your behalf

We may suspend or terminate your access to the Service immediately and without liability if: — You breach any material term of this Agreement and fail to remedy the breach within 14 days of written notice — You become insolvent, enter administration, or cease to trade — We are required to do so by law or regulatory authority — Continuing to provide the Service would expose us to legal or reputational risk Upon termination, your access to Call Data and the dashboard will remain available for 30 days, after which data will be deleted in accordance with our retention policy unless otherwise required by law.

This Agreement is governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Before commencing legal proceedings, the parties agree to attempt resolution through good-faith negotiation for at least 30 days. Where negotiation fails, either party may refer the dispute to mediation administered by the Australian Disputes Centre before resorting to litigation.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements. Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in full force. Waiver: Failure to enforce any right under this Agreement does not constitute a waiver of that right. Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets. Notices: Legal notices must be sent by email to legal@hiresmartagents.com.au (to us) or to the email address associated with your account (to you).