Terms and Conditions

3.1 Account Creation and Verification

To access certain features of our Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current. We may require verification of your identity and business credentials.

3.2 Account Security and Multi-Factor Authentication

You are responsible for safeguarding your account credentials and for all activities that occur under your account. We strongly recommend enabling multi-factor authentication. You must immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 Account Administration and User Management

For enterprise accounts, designated administrators have the ability to manage user access, permissions, and organizational settings. You are responsible for managing your users' access and ensuring compliance with these Terms by all users within your organization.

3.4 Account Suspension and Termination

We reserve the right to terminate or suspend your account at any time for violations of these Terms, non-payment, suspected fraudulent activity, or for any other reason we deem necessary to protect our Service, other users, or our business interests.

5.1 Australian Privacy and International Compliance

We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth), GDPR where applicable, and other applicable data protection laws. Our collection, use, and disclosure of personal information is governed by our Privacy Policy and Data Processing Addendum.

5.2 Enterprise Security Measures

We implement industry-standard security measures including encryption at rest and in transit, regular security audits, SOC 2 compliance, and enterprise-grade access controls. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

5.3 Data Ownership and Portability

You retain ownership of all data you input into our Service. We do not claim ownership of your customer data, contact information, or business data stored within our platform. You have the right to export your data at any time in standard formats.

5.4 Data Processing and Subprocessors

We may use trusted third-party subprocessors to provide certain aspects of our Service. We maintain a current list of subprocessors and ensure they meet our security and privacy standards. We will notify you of any changes to our subprocessor list.

6.1 Subscription Plans and Pricing

Our Service is provided on a subscription basis with various tiers including Starter, Professional, Enterprise, and custom plans. Pricing, features, user limits, and billing cycles are outlined in your selected plan and may be updated from time to time with 30 days advance notice.

6.2 Payment Processing and Auto-Renewal

All fees are charged in Australian Dollars (AUD) unless otherwise specified. Payment is due in advance for each billing period. Subscriptions automatically renew unless cancelled. We use third-party payment processors and do not store your payment card information.

6.3 Service Level Agreement (SLA)

We commit to 99.9% uptime for our Service, measured monthly. In the event we fail to meet this commitment, eligible customers may receive service credits. Detailed SLA terms are available in our Service Level Agreement document.

6.4 Refunds, Cancellations and Downgrades

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing period. Refunds are handled on a case-by-case basis in accordance with Australian Consumer Law. Downgrades may result in feature limitations or data restrictions.

7.1 API Access and Rate Limits

Subject to your subscription level, we provide API access to our Service. API usage is subject to rate limits, authentication requirements, and fair use policies. Excessive usage may result in throttling or additional charges.

7.2 Third-Party Integrations

Our Service may integrate with third-party applications and services. We are not responsible for the availability, functionality, or security of third-party services. Your use of third-party integrations is subject to their respective terms and conditions.

7.3 Custom Development and Professional Services

We may offer custom development, implementation, and consulting services under separate agreements. These professional services are subject to additional terms and conditions.

8.1 Our Intellectual Property

The Service, including all content, features, functionality, software, databases, and technology is owned by Agent Manager and protected by Australian and international copyright, trademark, patent, and other intellectual property laws. Our trademarks and trade names may not be used without our express permission.

8.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business purposes during your subscription period. This license does not include any rights to our source code or proprietary algorithms.

8.3 Customer Content and Feedback

You retain all rights to your content and data. By using our Service, you grant us a limited license to host, store, and process your content to provide the Service. Any feedback or suggestions you provide may be used by us without restriction or compensation.

8.4 DMCA and Copyright Infringement

We respect intellectual property rights and respond to valid copyright infringement notices in accordance with applicable laws. If you believe your copyrighted work has been infringed, please contact us with detailed information about the alleged infringement.

9.1 Service Availability and Uptime

We strive to maintain 99.9% service availability measured monthly, excluding scheduled maintenance. We may perform scheduled maintenance during off-peak hours with advance notice. Emergency maintenance may be performed as needed to maintain security and service integrity.

9.2 Customer Support Levels

We provide tiered customer support based on your subscription level. Standard support includes email and portal access during Australian business hours. Premium and Enterprise customers receive priority support, phone access, and dedicated account management. Response times vary by support tier and issue priority.

9.3 System Requirements and Compatibility

Our Service is designed to work with modern web browsers and mobile devices. We maintain compatibility with current and recent versions of major browsers. Specific system requirements are documented in our technical specifications.

10.1 Service Warranties

We warrant that our Service will perform substantially in accordance with our published documentation under normal use. We do not warrant that the Service will be error-free, uninterrupted, or meet all your specific requirements.

10.2 Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available" without warranties of any kind. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise.

11.1 Limitation of Liability

To the maximum extent permitted by Australian law, Agent Manager shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, revenue, or goodwill, even if we have been advised of the possibility of such damages.

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us for the Service during the twelve (12) months preceding the claim, or $1,000 AUD, whichever is greater.

11.2 Customer Indemnification

You agree to indemnify and hold harmless Agent Manager from any claims, damages, losses, costs, and expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights by your content or activities.

11.3 Mutual Indemnification

We will defend you against claims that our Service infringes a third party's copyright or trademark, subject to standard indemnification procedures and limitations. This is our entire liability for intellectual property infringement claims.

13.1 Industry Compliance

Our Service is designed to help customers comply with various industry regulations. However, you are responsible for ensuring your use of the Service complies with all applicable laws and regulations in your industry and jurisdiction.

13.2 Export Controls and Sanctions

You agree to comply with all applicable export control laws and economic sanctions. You may not use our Service in violation of any export restrictions or sanctions programs.

13.3 Audit Rights

For enterprise customers, we may provide audit reports and compliance documentation to support your regulatory requirements. We maintain audit logs and security documentation in accordance with industry standards.

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Australia and the laws of New South Wales. Any legal proceedings shall be conducted in the courts of New South Wales, Australia.

14.2 Dispute Resolution Process

Any disputes arising from these Terms or the Service shall first be addressed through good faith negotiation for 30 days. If resolution cannot be achieved, disputes shall be resolved through binding arbitration under the Australian Centre for International Commercial Arbitration (ACICA) rules, unless prohibited by applicable law.

14.3 Class Action Waiver

To the extent permitted by law, you agree that any dispute will be resolved on an individual basis and not as part of a class action, collective action, or representative proceeding.

15.1 Terms Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before the changes take effect. For enterprise customers, we may provide longer notice periods as specified in your agreement.

15.2 Service Modifications

We may modify, update, or discontinue features of our Service from time to time. We will provide reasonable notice of material changes that negatively affect existing functionality. We are not obligated to maintain backward compatibility indefinitely.

16.1 Termination Rights

Either party may terminate these Terms at any time with appropriate notice. We may immediately terminate or suspend access for material breaches, non-payment, or other violations. You may terminate at any time through your account settings or by contacting support.

16.2 Data Export and Deletion

Upon termination, your right to access and use the Service will immediately cease. We will provide you with reasonable opportunity (up to 30 days) to export your data. After this period, we may delete your data in accordance with our data retention policies, subject to legal requirements.

16.3 Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, indemnification, governing law, and dispute resolution provisions.

18.1 Enterprise Agreements

Large organizations may enter into separate Enterprise License Agreements or Master Service Agreements that may modify certain terms of this agreement. Enterprise agreements may include additional service commitments, support levels, and customization options.

18.2 Volume Licensing and Multi-Tenant

Volume licensing customers may receive additional rights and features. Multi-tenant deployments and white-label solutions are available under separate licensing terms for qualified partners and enterprise customers.

18.3 Reseller and Partner Programs

Authorized resellers and implementation partners operate under separate partner agreements. If you purchased our Service through a reseller, your relationship with the reseller is governed by your agreement with them, while your use of our Service remains subject to these Terms.

19.1 Beta and Preview Features

We may offer beta, preview, or experimental features that are not part of our generally available Service. These features are provided "as is" without warranties and may be modified or discontinued at any time. Beta features may have reduced performance, reliability, or availability compared to our production Service.

19.2 Feedback and Testing

By participating in beta programs, you agree to provide feedback and may be asked to participate in testing activities. We may use your feedback without restriction or compensation to improve our Service.

19.3 Confidentiality

Beta features may contain confidential information. You agree to keep such information confidential and not disclose it to third parties without our express written consent.

20.1 AI-Powered Features

Our Service may include artificial intelligence and machine learning features designed to enhance productivity and provide insights. These features analyze your data to provide recommendations, predictions, and automated actions based on patterns and algorithms.

20.2 AI Data Usage

To provide AI features, we may process your data using machine learning models. We do not use your confidential business data to train general AI models that serve other customers. Model training and improvement may use aggregated, anonymized data in compliance with privacy laws.

20.3 AI Accuracy and Liability

AI and machine learning features provide suggestions and insights that should be reviewed by qualified personnel. We do not guarantee the accuracy, completeness, or reliability of AI-generated content or recommendations. You remain responsible for all decisions made based on AI output.

21.1 Mobile App License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download, install, and use our mobile applications on devices that you own or control, solely for accessing our Service.

21.2 App Store Terms

Your download and use of our mobile applications may also be subject to the terms and conditions of the applicable app store (such as Apple App Store or Google Play Store). In case of conflict between these Terms and app store terms, these Terms shall prevail regarding use of our Service.

21.3 Mobile-Specific Features

Our mobile applications may request access to certain device features such as camera, contacts, location, or push notifications. You can control these permissions through your device settings. Some features may not function properly if permissions are denied.

22.1 Accessibility Commitment

We are committed to making our Service accessible to users with disabilities. We strive to comply with applicable accessibility standards, including WCAG 2.1 guidelines, and continuously work to improve the accessibility of our platform.

22.2 Accessibility Support

If you encounter accessibility barriers while using our Service, please contact our support team. We will work with you to provide reasonable accommodations and alternative access methods where technically feasible.

24.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable order forms or enterprise agreements, constitute the entire agreement between you and Agent Manager regarding the Service and supersede all prior agreements and understandings.

24.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

24.3 Assignment and Transfer

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of business assets.

24.4 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

24.5 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. Each party is an independent contractor with respect to the other.

24.6 Electronic Communications

By using our Service, you consent to receive communications from us electronically, including via email or by posting notices on our Service. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement for written communication.

24.7 Language and Translation

These Terms are written in English. Any translation is provided for convenience only. In case of conflicts between the English version and any translation, the English version shall prevail.

25.1 Effective Date

These Terms are effective as of the date listed at the top of this document and apply to all use of our Service from that date forward. If you were using our Service before this date, your continued use constitutes acceptance of these Terms.

25.2 Previous Agreements

These Terms supersede all previous versions of our terms of service, user agreements, or similar documents. Any conflicting provisions in previous agreements are hereby replaced by these Terms.

25.3 Grandfathered Provisions

Existing enterprise customers with signed agreements may continue under their existing terms until contract renewal, unless both parties agree to adopt these Terms earlier.