1. Introduction
Welcome to Convo King. These Terms & Conditions (“Terms”) form a binding agreement between you (or the entity you represent, “you”) and Convo King Pty Ltd, an Australian company with its registered office at 52 Roberts Road, Airport West VIC 3042 (“Convo King”, “we”, “our”).
By engaging us, paying for a Plan, or otherwise using the Services, you agree to be bound by these Terms together with our Privacy Policy and anything we agree with you in writing about your specific build.
2. Definitions
- Services: the lead-handling systems we design, build, configure, and operate for you under a Plan, covering lead capture, qualification, follow-up, booking, reminders, and AI calling where your Plan includes it, across channels such as website chat, social messaging, WhatsApp, SMS, and email, plus the setup and support work that goes with them.
- Customer Data: the data you, your customers, or your systems provide through the Services, including conversation transcripts, call recordings, contact details, and business records.
- Output: the responses, transcripts, summaries, and other content the Services generate from Customer Data.
- Plan: the package you select (Starter, Growth, or Scale), including its features, its monthly fee, and any one-time setup fee, as listed on the Pricing page or agreed with you in writing.
3. Your engagement
You must be at least 18 years old and authorised to bind the entity you represent. You agree to give us accurate information during onboarding, to keep your contact details current so we can reach you about your system and billing, and to respond to reasonable requests we need answered to build and run your system properly.
The channels your system connects to (such as your social accounts, phone numbers, and calendars) remain your accounts. You authorise us to configure and operate them for the purpose of delivering the Services, and you remain responsible for keeping those accounts in good standing with their providers.
We may suspend or refuse service if we have reasonable grounds to believe the Services are being used in violation of these Terms or applicable law.
4. Access & use
Subject to these Terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable right to use the Services for your internal business purposes while your Plan is active.
The system we build for you runs on our tooling, know-how, and third-party platforms. You may not (a) copy or resell the system or its configuration; (b) attempt to reverse-engineer our processes or tooling; or (c) use the Services to build a competing offering. Your Customer Data is yours throughout; this clause is about the machinery, not your data.
5. Acceptable use
You agree not to use the Services for anything illegal, infringing, deceptive, or abusive. Specifically:
- No spam. Messages and calls sent through your system must comply with applicable communications laws, including the Spam Act 2003 (Cth) and the Do Not Call Register rules. You are responsible for having the right consents for the contact lists and audiences you bring to the system.
- No impersonating a person without their consent, and no hiding that a caller or agent is AI where the law requires disclosure.
- No using the Services to make decisions about employment, credit, housing, insurance, or other high-consequence outcomes without independent human review.
- Talk to us first if your workflows involve sensitive personal information (such as health information), so the system can be set up to handle it lawfully.
- No attempting to probe, overload, or compromise the Services or the platforms they run on.
6. Customer data
You own your Customer Data. We process it only to build, run, and improve your system, as described in the Privacy Policy.
We do not use Customer Data to train foundation models. We may use de-identified, aggregated metrics to understand and improve how our systems perform.
You are responsible for having the rights and consents needed for the data you bring to the system, and for telling us about any retention, escalation, or compliance rules your industry requires. We'll configure the system to match.
7. AI-generated content
AI can produce inaccurate or unexpected Output. Your system is built with escalation rules and human handoffs to reduce that risk, but you are responsible for reviewing Output before relying on it for any consequential decision. The final judgment is yours.
We do not warrant that Output will be error-free. Output is not legal, medical, financial, or professional advice.
8. Fees & billing
Plan fees are listed on the Pricing page: a one-time setup fee, then a fixed monthly fee that renews automatically each month until cancelled. You can move between Plans as your needs change.
All Plans include fair usage of calling, messaging, and automation for normal business use. If your usage consistently exceeds typical use for your Plan, we'll contact you first, review it with you, and recommend the most cost-effective adjustment before any additional charges apply. No surprise invoices.
Fees are in Australian dollars and exclusive of GST and other taxes unless stated otherwise. If an account remains unpaid after notice, we may suspend the Services until it is brought up to date.
9. Term & cancellation
These Terms apply while you have an active Plan. There is no yearly lock-in. You can cancel at any time by emailing hello@convoking.ai; cancellation takes effect at the end of your current billing period, and your system keeps running until then.
We may suspend or terminate the Services with notice for material breach (including non-payment), for fraud, or where required by law. On termination we'll help you export your Customer Data for 30 days; after that we may delete it.
10. Confidentiality
Each party agrees to keep the other's non-public information confidential, to use it only to perform under these Terms, and to protect it with the same care it uses for its own confidential information (and no less than reasonable care). This obligation survives termination for three years.
11. Warranties & disclaimers
We warrant that the Services will be provided with due care and skill and will perform substantially as described on this site and in what we agree with you in writing. Your remedy for breach of this warranty is for us to re-perform or fix the affected work or, if we cannot, to refund the fees attributable to the affected period.
Nothing in these Terms excludes any consumer guarantee or other right under the Australian Consumer Law that cannot lawfully be excluded. Where we are permitted to limit our liability for breach of such a guarantee, it is limited to re-supplying the services or paying the cost of re-supply.
EXCEPT AS SET OUT ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Liability
Neither party is liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or loss of goodwill, even if advised of the possibility.
Each party's aggregate liability under these Terms is capped at the fees you paid us in the 12 months preceding the event giving rise to the claim. Nothing in this section limits liability that cannot be limited by law (such as for death, personal injury, or fraud).
13. Indemnity
You will defend and indemnify us against third-party claims arising from your Customer Data, from your use of the Services in violation of these Terms or applicable law, and from Output that you publish or act on. We will defend you against third-party IP claims that the Services, as provided by us, infringe their rights, subject to standard carve-outs (your modifications, your combinations, your misuse).
14. Governing law & disputes
These Terms are governed by the laws of Victoria, Australia. Disputes will be resolved in the courts of Victoria, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its IP or confidential information.
15. Changes to these Terms
We may update these Terms from time to time. For material changes we'll notify you by email at least 30 days before they take effect. If you don't agree to the new terms, you may cancel before they apply.
16. Contact
Questions about these Terms? Email hello@convoking.ai, call 0402 806 311, or write to Convo King Pty Ltd, 52 Roberts Road, Airport West VIC 3042, Australia.