Terms and Conditions

1. About NEXA AI Receptionist

NEXA AI Receptionist is an AI-powered receptionist service designed to help businesses answer calls, collect caller information, qualify enquiries, book appointments, send notifications, and route urgent or important matters.

The service may use third-party providers for telephony, speech recognition, text-to-speech, AI language processing, calendar integration, messaging, payment processing, hosting, analytics, and related functions.

2. Who These Terms Apply To

These Terms apply to:

• the business or individual subscribing to NEXA AI Receptionist, referred to as you, your, or Customer;
• your employees, contractors, agents, administrators, and authorised users;
• anyone who configures, manages, or uses the service on your behalf.

You are responsible for ensuring that your authorised users comply with these Terms.

3. Account Registration

To use the service, you may need to create an account and provide accurate business, contact, billing, and configuration information.

You agree to:

• provide accurate and current information;
• keep your login credentials secure;
• promptly update account and billing details if they change;
• notify us if you suspect unauthorised access to your account.

You are responsible for all activity that occurs under your account.

4. Subscription and Access

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to access and use the service for your internal business purposes.

You must not:

• copy, resell, sublicense, or commercially exploit the service without written permission;
• reverse engineer, decompile, or attempt to extract source code from the service;
• interfere with the security, reliability, or performance of the service;
• use the service to build a competing product;
• use the service for unlawful, harmful, misleading, or abusive purposes.

5. AI Receptionist Limitations

NEXA AI Receptionist uses artificial intelligence and automation. While the service is designed to be useful and reliable, AI-generated responses may be incomplete, inaccurate, delayed, misunderstood, or inappropriate in some situations.

You acknowledge and agree that:

• the AI receptionist is not a human receptionist;
• the service may misunderstand callers, accents, background noise, ambiguous requests, or incomplete information;
• the service may not correctly identify every urgent, emergency, legal, medical, safety, or high-risk issue;
• you remain responsible for reviewing leads, bookings, messages, transcripts, alerts, and customer communications;
• you must configure the service appropriately for your business, industry, availability, escalation rules, and risk tolerance.

You should not rely on the service as the sole method for handling emergencies, urgent safety matters, medical emergencies, legal deadlines, financial commitments, or other high-risk communications.

6. Customer Configuration Responsibilities

You are responsible for the setup and configuration of your AI receptionist, including:

• business name, service areas, operating hours, and contact details;
• services offered and services not offered;
• appointment rules and calendar availability;
• pricing, quoting, and payment instructions if applicable;
• emergency and escalation rules;
• call transfer numbers and notification recipients;
• scripts, prompts, FAQs, and business-specific instructions;
• compliance wording, disclaimers, and caller notices.

We are not responsible for errors or losses caused by inaccurate, outdated, incomplete, or misleading configuration information supplied by you.

7. Call Recording, Transcription, and Caller Notices

The service may record, transcribe, analyse, process, or store call audio and call-related data so that it can answer calls, generate summaries, qualify leads, improve service quality, and provide records to you.

You are responsible for ensuring that callers receive any legally required notices or consents before or during calls, including where calls are recorded, transcribed, analysed, or processed by AI systems.

You must not use the service in a way that breaches privacy, surveillance, telecommunications, consumer protection, spam, or other applicable laws.

This wording is a starting point only. You should obtain legal advice to ensure your notice is appropriate for your business, location, and use case.

8. Appointments and Bookings

If you enable calendar or booking features, the service may create, modify, cancel, or suggest appointments based on your configuration and connected calendar availability.

You are responsible for:

• maintaining accurate calendar availability;
• confirming appointment details where necessary;
• handling double bookings, cancellations, delays, and rescheduling;
• honouring commitments made to your customers, unless corrected promptly;
• monitoring bookings generated by the service.

We do not guarantee that every booking will be accurate, suitable, or free from conflict.

9. Notifications and Escalations

The service may send notifications by email, SMS, dashboard, webhook, calendar event, CRM entry, or other configured channels.

We do not guarantee that every notification, alert, or escalation will be delivered instantly, successfully, or at all. Delivery may depend on third-party providers, network availability, device settings, email filtering, SMS carrier issues, and your own configuration.

You remain responsible for monitoring your business communications and responding to customers appropriately.

10. Acceptable Use

You must not use the service to:

• mislead callers into believing they are speaking to a human if disclosure is legally required or appropriate;
• impersonate another person or business;
• collect sensitive personal information unless lawful and properly disclosed;
• provide emergency, medical, legal, financial, or safety-critical advice without proper human oversight;
• harass, threaten, abuse, or discriminate against any person;
• send spam or unlawful marketing communications;
• violate telecommunications, privacy, consumer, surveillance, or recording laws;
• upload malicious code or interfere with the service;
• process information that you are not legally permitted to process.

We may suspend or terminate access if we reasonably believe your use breaches these Terms or creates legal, operational, security, reputational, or safety risk.

11. Customer Data

Customer Data means information, content, configuration, call data, caller information, transcripts, summaries, recordings, calendar data, and other materials submitted to or generated through the service for your account.

You retain ownership of your Customer Data. You grant us a limited right to host, process, transmit, analyse, and use Customer Data as necessary to provide, maintain, secure, support, and improve the service.

You represent that you have all rights, permissions, notices, and consents required to provide Customer Data to us and allow us and our service providers to process it.

12. Privacy

Our handling of personal information is described in these Terms, which also serve as our privacy policy. In particular, Section 13 (Google User Data and Google Calendar Integration) describes how we access, use, store, share, retain, and delete data obtained through Google APIs, and Section 14 (Microsoft Account Data and Outlook Calendar Integration) describes the same for data obtained through Microsoft APIs.

You are responsible for having your own privacy policy and customer notices where required, especially if you use the service to collect caller names, phone numbers, addresses, job details, recordings, transcripts, or other personal information.

Where you are a business using NEXA AI Receptionist to handle calls from your customers, you are generally responsible for your own relationship with those callers and for ensuring your use of the service complies with applicable privacy laws.

15. Third-Party Services

The service may depend on third-party platforms, APIs, infrastructure, and integrations, including telephony providers, AI model providers, speech-to-text providers, text-to-speech providers, calendar platforms, messaging services, hosting providers, analytics tools, payment processors, and CRM systems.

We are not responsible for failures, outages, changes, rate limits, data handling, pricing changes, or discontinued services caused by third-party providers.

Your use of third-party integrations may also be subject to the third party's own terms and privacy policies.

16. Fees, Billing, and Taxes

You agree to pay all fees for your selected plan, usage, add-ons, setup, and other applicable charges.

Fees may include:

• subscription fees;
• usage-based call, minute, message, or AI processing charges;
• setup or onboarding fees;
• integration or customisation fees;
• applicable taxes, including GST where relevant.

Unless otherwise stated, fees are payable in Australian dollars and are non-refundable except where required by law or expressly agreed in writing.

We may suspend or restrict access if payment is overdue.

17. Plan Changes and Price Changes

You may upgrade, downgrade, or cancel your plan according to the options available in your account or as agreed with us.

We may change pricing, plan inclusions, usage limits, or billing methods by giving reasonable notice. Continued use of the service after the effective date of a pricing change constitutes acceptance of the change.

18. Cancellation and Termination

You may cancel your subscription in accordance with your plan terms or by contacting us.

Cancellation will usually take effect at the end of the current billing period unless otherwise agreed.

We may suspend or terminate your account if:

• you fail to pay fees when due;
• you breach these Terms;
• your use creates legal, security, operational, or reputational risk;
• we are required to do so by law;
• we discontinue the service or relevant part of the service.

After termination, your access to the service may cease and we may delete or retain Customer Data in accordance with our data retention practices, legal obligations, and Privacy Policy.

19. Service Availability

We aim to provide a reliable service, but we do not guarantee uninterrupted, error-free, or delay-free operation.

The service may be unavailable due to:

• maintenance;
• software updates;
• third-party provider outages;
• telecommunications failures;
• internet or network issues;
• security incidents;
• force majeure events;
• factors outside our reasonable control.

We are not liable for loss caused by downtime, delays, failed calls, missed calls, failed bookings, failed notifications, or third-party outages, except to the extent required by law.

20. Beta Features and Trials

We may offer beta, trial, experimental, preview, or early access features.

These features may be incomplete, unstable, changed, withdrawn, or discontinued at any time. They are provided for evaluation and testing and should not be relied on for critical business operations unless we expressly agree otherwise in writing.

21. Intellectual Property

We own or license all rights in the service, including software, workflows, prompts, designs, models, documentation, branding, templates, dashboards, and platform functionality, excluding Customer Data.

You must not copy, modify, distribute, sell, lease, or create derivative works from the service unless expressly permitted by us.

Feedback, suggestions, ideas, or improvement requests you provide may be used by us without restriction or compensation, provided we do not disclose your confidential information in doing so.

22. Confidentiality

Each party may receive confidential information from the other. Confidential information must be protected using reasonable care and used only for the purpose of providing or receiving the service.

Confidential information does not include information that is public, already known, independently developed, or lawfully received from another source.

23. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

Where permitted by law, our liability for breach of a non-excludable guarantee is limited, at our option, to re-supplying the services or paying the cost of re-supplying the services.

24. Disclaimers

To the maximum extent permitted by law, the service is provided on an "as is" and "as available" basis.

We do not warrant that:

• the service will meet all of your requirements;
• the AI receptionist will always respond correctly;
• every call will be answered or handled successfully;
• every lead will be captured accurately;
• every appointment will be booked correctly;
• every notification will be delivered;
• the service will be uninterrupted, secure, or error-free;
• the service will generate any particular revenue, lead volume, conversion rate, or business outcome.

25. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, consequential, special, exemplary, or punitive loss, including loss of profit, revenue, goodwill, data, business opportunity, reputation, or anticipated savings.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the service and these Terms is limited to the amount paid by you to us for the service in the three months before the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be excluded or limited.

26. Indemnity

You agree to indemnify us against claims, losses, damages, liabilities, costs, and expenses arising from:

• your breach of these Terms;
• your misuse of the service;
• your Customer Data;
• your failure to obtain required consents or provide required notices;
• your breach of privacy, recording, telecommunications, consumer, spam, or other applicable laws;
• your business dealings with callers or customers.

27. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by email, account notice, or website update.

Continued use of the service after the updated Terms take effect constitutes acceptance of the updated Terms.

28. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

29. Contact

For questions about these Terms, contact us at: