Terms of Service

1. About the Service

TeleMate AI ("we", "us", "our") provides an AI-powered phone receptionist service designed for Australian businesses ("the Service"). The Service answers inbound phone calls on your behalf, captures caller information, sends SMS notifications, checks calendar availability, and books appointments — all powered by artificial intelligence.

By creating an account or using the Service, you ("you", "your", "the Customer") agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Eligibility

The Service is available to registered Australian businesses and sole traders. You must be at least 18 years old and have the authority to bind your business to these Terms. The Service is intended for lawful business purposes only.

3. Subscription & Billing

• Pricing is tailored to each clinic and set out in your service agreement. Fees are billed monthly and invoiced directly to your clinic.
• Your plan includes a set number of call minutes per month, agreed in your service agreement. Minutes are calculated from the time the AI agent answers a call until the call ends.
• Any usage beyond your included minutes is charged at the overage rate stated in your service agreement, billed at the end of each billing cycle.
• All prices are in Australian Dollars (AUD) and include GST where applicable.
• We reserve the right to change pricing with 30 days' written notice. Existing subscribers will be notified by email before any price change takes effect.

4. Phone Number Retention and Dunning Policy

Your dedicated business phone number is provisioned through our telephony provider on your behalf and is maintained for the duration of your active, paid subscription.

4.1 Payment Failure Schedule

• Day 0 (Payment Failure Date): Email notification sent. Account remains fully active.
• Day 7 (First Dunning Notice): Reminder email sent. Account remains active.
• Day 14 (Final Dunning Notice): Final warning email sent. Phone number remains operational but account is flagged for suspension.
• Day 21 (Account Suspension and Number Release): Account suspended. Dedicated phone number released to telephony provider pool and may be immediately reassigned. TeleMate AI holds no liability for any business loss, missed calls, or reputational impact arising from phone number release due to non-payment.

4.2 Reinstatement After Number Release

Upon resubscription after number release, a new number is assigned from the available pool. Your previous number cannot be guaranteed. Historical call data and recordings remain accessible for 30 days post-suspension, after which they are permanently deleted.

4.3 Payment Method Responsibility

You are responsible for maintaining a valid payment method at all times. TeleMate AI may retry failed payments up to three (3) times before initiating the dunning schedule above.

5. Acceptable Use

You agree to use the Service only for lawful business purposes. You must not:

• Use the Service for any illegal, fraudulent, or harmful activities.
• Use the Service to make outbound robocalls, spam, or unsolicited telemarketing.
• Attempt to reverse-engineer, decompile, or extract the underlying AI models or algorithms.
• Misrepresent the AI as a human being when legally required to disclose it is an automated system.
• Exceed reasonable usage patterns in a manner designed to abuse the Service or infrastructure.
• Use the Service in a way that violates the Australian Telecommunications Act 1997 or the Spam Act 2003.

We reserve the right to suspend or terminate accounts that violate these terms without notice.

6. Radiology Customers

TeleMate AI's radiology workflow is designed for administrative and receptionist functions only. The following additional terms apply if you are a radiology or imaging clinic:

• Not a medical device: TeleMate AI is an administrative tool and is not a medical device under the Therapeutic Goods Act 1989 (Cth) or TGA regulatory guidance. It must not be used for clinical decision support, triage, diagnosis, or any function that directly influences patient clinical care.
• No clinical reliance: You must not configure TeleMate AI to provide medical advice, recommend treatments, or substitute for clinical judgment. Any queries from callers that require clinical assessment must be referred to a qualified health practitioner.
• Health information obligations: As a health service provider, you remain responsible for compliance with applicable health privacy legislation, including the Health Records Act 2001 (Vic), the Health Records and Information Privacy Act 2002 (NSW), and equivalent state and territory legislation. You are responsible for determining whether the use of TeleMate AI is consistent with your obligations under those acts.
• Caller consent for health information: Where callers may disclose health information during a call (for example, when booking a medical appointment or describing symptoms), you must ensure your call recording disclosure and privacy notice are adequate under the applicable health privacy legislation before deploying TeleMate AI.
• Your responsibility: TeleMate AI provides tools and configurations; you are solely responsible for how you deploy and configure the Service in your health practice environment.

7. Service Availability & Warranties

We strive to maintain high availability but the Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, error-free, or that the AI will handle every call perfectly.

To the maximum extent permitted by Australian Consumer Law, we disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law that cannot be excluded.

8. Limitation of Liability

To the maximum extent permitted by law, TeleMate AI's total aggregate liability to you for any claims arising out of or relating to the Service is limited to the amount you paid us in the 3 months preceding the event giving rise to the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, lost profits, loss of business opportunities, or loss of data, even if we have been advised of the possibility of such damages.

We are not responsible for missed calls, incorrect AI responses, failed appointment bookings, or SMS delivery failures beyond our reasonable control.

9. Your Data

You retain ownership of all data you provide to us and all call data generated through the Service. We use your data solely to provide and improve the Service, as described in our Privacy Policy.

You are responsible for ensuring you have appropriate consent from callers for call recording where required by law, and for complying with all applicable privacy legislation.

10. Termination

• By you: You may cancel your subscription at any time from your dashboard. Your service will remain active until the end of the current billing period.
• By us:We may suspend or terminate your account immediately if you breach these Terms, or with 30 days' notice for any other reason.
• Data after termination: Following account termination, your data (call recordings, transcripts, business configurations, and stored tokens) will be retained for 90 days to allow you to request an export or reactivate. After 90 days, all data is permanently deleted.

11. Intellectual Property

All intellectual property in the Service — including the AI models, software, branding, and documentation — is and remains the property of TeleMate AI. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as a subscriber.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by 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.

13. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of New South Wales. Any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: info@tmai.com.au

Website: tmai.com.au