1. Introduction
Welcome to Convoking AI. These Terms & Conditions (“Terms”) form a binding agreement between you (or the entity you represent, “you”) and Convoking AI Pty Ltd, an Australian company with its registered office at Level 4, 11 York St, Sydney NSW 2000 (“Convoking”, “we”, “our”).
By signing up, paying for a plan, or otherwise using the Services, you agree to be bound by these Terms together with our Privacy Policy, any plan-level order forms, and any feature-specific terms we reference.
2. Definitions
- Services — the Convoking AI platform, admin dashboard, voice agents, chatbots, custom-built agents, integrations, APIs, SDKs, and documentation we make available.
- Customer Data — the data you, your end-users, or your systems submit to the Services, including conversation transcripts, audio recordings, integrated source content, and business records.
- Output — the responses, transcripts, summarisations, and other content the Services generate based on Customer Data.
- Plan — the subscription tier you select (Free, Hobby, Standard, Pro, or Enterprise), including its credit allotments and feature set.
3. Your account
You must be at least 18 years old and authorised to bind the entity you represent. You are responsible for the credentials of your workspace, for activity that happens under those credentials, and for keeping your contact email current so we can reach you about security or billing.
We may suspend or refuse service if we have reasonable grounds to believe your account is being used in violation of these Terms or applicable law.
4. License & access
Subject to your compliance with these Terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the Term.
You may not (a) copy, modify, or create derivative works of the Services; (b) reverse-engineer, decompile, or attempt to derive the source code; (c) resell, sublicense, or white-label the Services except where explicitly enabled by your Plan; or (d) use the Services to build a competing product.
5. Acceptable use
You agree not to use the Services to do anything illegal, infringing, harmful, deceptive, or abusive. Specifically you will not:
- Send spam, harassment, threats, or any communication that violates the recipient's consent or applicable communications regulations (TCPA, DNC, ASIC outbound rules, CA SB-243, etc.).
- Impersonate a person without their consent, or run voice agents that fail to disclose they are AI where disclosure is required by law.
- Upload malware, attempt to overwhelm or probe the Services for vulnerabilities outside an authorised security-test program, or circumvent rate limits.
- Use the Services to make decisions about employment, credit, housing, insurance, healthcare eligibility, or other high-consequence outcomes without independent human review.
- Process special-category personal data (health, biometric, children's data, etc.) without first executing a signed addendum with us.
6. Customer data
You own your Customer Data. We process it only to provide and improve the Services for you, as documented in the Privacy Policy and your selected data-handling settings.
We do not use Customer Data to train foundation models. We may use de-identified, aggregated metrics about Services usage to operate and improve the platform.
You are responsible for: ensuring you have the rights and consents necessary to submit Customer Data; the accuracy and legality of that data; and configuring retention, redaction, and escalation rules appropriate to your industry.
7. AI-generated content
AI models can produce inaccurate, biased, or unexpected Output. You are responsible for reviewing and validating Output before relying on it for any consequential decision. We provide tools (citations, evals, escalation rules, audit logs) to help — but the final judgment is yours.
We do not warrant that Output will be error-free or free from hallucination. Output is not legal, medical, financial, or professional advice.
8. Fees & billing
Plan fees and usage rates are listed on the Pricing page. Subscriptions renew automatically each billing period unless cancelled. You can switch plans, upgrade, or downgrade at any time — changes pro-rate automatically.
Usage that exceeds your Plan's allotments is billed at the then-current overage rate and appears on your next invoice. We notify you at 80% and 100% of your Plan limits.
All fees are exclusive of taxes (GST, VAT, sales tax) unless stated otherwise. Late payments accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower.
9. Term & termination
These Terms remain in force while you have an active account. You may cancel at any time through the admin dashboard; your access continues until the end of the paid period.
We may terminate or suspend the Services with notice for material breach (including non-payment), for fraud, or where required by law. On termination we will 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 perform substantially as described in our documentation. Your sole remedy for breach of this warranty is for us to use commercially reasonable efforts to fix the issue or, if we cannot, to refund prepaid fees attributable to the affected period.
EXCEPT FOR THE EXPRESS WARRANTIES 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, 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 New South Wales, Australia. Disputes will be resolved in the courts of New South Wales, 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 legal@convoking.ai or write to us at Convoking AI Pty Ltd, Level 4, 11 York St, Sydney NSW 2000, Australia.