Terms of Service

1. About the Service

/kaitek provides an AI-powered Business Agent that answers inbound phone calls on behalf of your business. The Service includes:

• Automated call answering using artificial intelligence
• Caller interaction using a custom knowledge base built from your business information
• Booking and enquiry capture
• SMS confirmations sent to callers
• Email notifications with booking details sent to you
• Weekly call reporting

The Service is designed to assist with call handling and booking capture. It does not replace professional advice of any kind.

2. Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your business. By using the Service, you represent that you meet these requirements.

3. Account and Setup

To use the Service, we will set up a custom AI agent trained on information you provide about your business, including services offered, pricing, service areas, FAQs, and business hours.

You are responsible for:

• Providing accurate and up-to-date business information
• Notifying us promptly if your business information changes
• Configuring call forwarding from your existing phone number to your /kaitek number
• Ensuring your use of the Service complies with all applicable laws

4. AI Disclosure

Our AI Business Agent identifies itself as an AI assistant when answering calls. Callers are informed they are interacting with an AI system. This is a requirement under Australian consumer law and our commitment to transparency.

5. Service Limitations

The AI Business Agent:

• Does NOT provide medical, dental, legal, financial, or any other professional advice
• Does NOT make emergency service calls (000) on behalf of callers
• Does NOT guarantee appointment availability or pricing accuracy beyond what is provided in your knowledge base
• Does NOT process payments or handle sensitive financial information during calls
• May occasionally misunderstand caller requests or provide imperfect responses

For healthcare-related businesses (allied health, dental): the AI agent will never diagnose conditions, recommend treatments, or provide clinical advice. Any caller presenting with a potential medical emergency will be directed to call 000 or attend their nearest emergency department.

We do not guarantee 100% uptime. The Service relies on third-party infrastructure providers. While we target high availability, outages may occur.

6. Pricing and Payment

Current pricing is published on our website. All prices are in Australian Dollars (AUD) and exclude GST unless otherwise stated.

• Billing is monthly in advance
• Setup fees are one-time charges payable before the Service goes live
• We offer a 14-day free trial for new clients
• You may cancel at any time with no lock-in contract
• Refunds are not provided for partial months of service
• We reserve the right to change pricing with 30 days written notice

Payment is processed through our payment provider. You are responsible for keeping your payment details current.

7. Free Trial

New clients receive a 14-day free trial. During the trial:

• Full Service functionality is available
• No payment details are required to start
• The trial converts to a paid subscription at the end of 14 days unless cancelled
• We will notify you before the trial ends

8. Your Data and Content

You retain ownership of all business information, knowledge base content, and data you provide to us.

We retain ownership of the /kaitek platform, AI models, conversation templates, workflow configurations, and all proprietary technology.

Call data (transcripts, recordings, caller details, booking information) is stored securely and used solely to provide and improve the Service. See our Privacy Policy for full details.

9. Acceptable Use

You agree not to use the Service to:

• Conduct any illegal activity
• Mislead or deceive callers about the nature of your business
• Collect personal information from callers for purposes unrelated to your business
• Distribute spam, malware, or harmful content
• Interfere with or disrupt the Service or its infrastructure
• Resell or redistribute the Service without our written consent
• Use the Service in any way that violates Australian law or regulation

We reserve the right to suspend or terminate your account if you breach these terms.

10. Limitation of Liability

To the maximum extent permitted by Australian law:

• /kaitek is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, or loss of data
• /kaitek is not liable for missed calls, dropped calls, incorrect information provided by the AI agent, missed bookings, or any other service interruption
• /kaitek's total liability for any claim arising from the Service is limited to the fees you paid to us in the 3 months preceding the claim
• /kaitek is not liable for any actions taken or not taken by callers based on interactions with the AI agent

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

11. Indemnification

You agree to indemnify and hold harmless /kaitek, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your breach of these Terms
• Inaccurate or misleading business information you provide
• Any dispute between you and your customers

12. Intellectual Property

The /kaitek name, brand, logo, platform, AI technology, conversation templates, and all related intellectual property are owned by Kaitek Pty Ltd. You may not copy, modify, distribute, or create derivative works from any part of the Service without our written consent.

13. Suspension and Termination

We may suspend or terminate your access to the Service:

• If you breach these Terms
• If your payment is overdue by more than 14 days
• If required by law
• If continuing the Service poses a risk to us or other users

You may terminate the Service at any time by providing written notice. Termination takes effect at the end of your current billing period. No refunds are provided for unused portions of a billing period.

Upon termination, we will retain your data for 30 days to allow retrieval, after which it will be permanently deleted unless required by law.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email at least 14 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and /kaitek regarding your use of the Service.

18. Contact

For questions about these Terms, contact us at:

Email: hello@kaitek.com.au