Terms of Service

1. Description of Service

Telakomie provides an AI-powered telephone receptionist and booking management service for Australian businesses, including medical, healthcare and aesthetic businesses and other service businesses. The Service:

• Answers inbound phone calls and SMS messages on your behalf using AI voice and text technology
• Books, reschedules and cancels appointments in your connected booking software
• Sends confirmation and reminder SMS messages to your clients
• Records and transcribes calls for your review
• Provides missed-call recovery and client re-engagement features

The Service uses artificial intelligence and automated technology. It is not a human receptionist. Clients calling your number will be informed they are speaking with an AI.

2. Eligibility and Account Registration

To use the Service, you must:

• Be a business or individual operating a legitimate business in Australia
• Be 18 years of age or older
• Have the authority to bind your business to these Terms
• Provide accurate and complete information during registration and keep it current

You are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorised access to your account.

3. AI Disclosure and Call Recording Obligations

This is a critical compliance obligation. Please read carefully.

By using the Service, you acknowledge and agree that:

• Every call answered by Telakomie is handled by an artificial intelligence system, not a human
• Calls are recorded and transcribed as part of the Service
• Telakomie provides a standard AI and call recording disclosure at the start of every call. You must not disable, modify or suppress this disclosure
• You are responsible for ensuring your use of the Service complies with all applicable surveillance and listening device laws in your state or territory
• You must not use the Service to record calls in any manner that violates applicable law
• You are responsible for informing your clients through other channels (website, signage, booking confirmation emails) that calls to your business are handled by an AI and may be recorded

4. SMS and Communications Compliance

Telakomie sends SMS messages on your behalf to your clients. By using the Service, you warrant and agree that:

• You have obtained, or will obtain, all necessary consents from your clients to receive SMS messages from your business before Telakomie sends messages on your behalf
• You will not use the Service to send commercial electronic messages without appropriate consent as required by the Spam Act 2003 (Cth)
• All SMS messages sent by Telakomie on your behalf will identify your business as the sender
• You will honour all opt-out requests received from your clients and notify us to suppress further messages to opted-out numbers
• You will not use the Service for bulk unsolicited marketing messages

You indemnify Telakomie against any claims, penalties or liability arising from your failure to comply with the Spam Act or applicable communications laws.

5. Your Privacy Obligations

By using the Service, you collect personal information from your clients (including names, phone numbers and appointment details). You are a data controller for that information and must:

• Comply with the Privacy Act 1988 (Cth) and applicable Australian Privacy Principles in relation to your clients' personal information
• Maintain a Privacy Policy for your own business that covers how you collect and use client data, including via AI services like Telakomie
• Not use client data obtained through the Service for purposes beyond operating your business
• Promptly notify us if you become aware of any actual or suspected data breach involving data processed by the Service

Where your business operates in a health-related field (allied health, cosmetic medicine, aesthetics), you must comply with all additional obligations relating to health information under the Privacy Act and applicable state health records legislation.

6. Acceptable Use

You must not use the Service to:

• Violate any applicable Australian or international law or regulation
• Conduct spam, harassment, threatening, deceptive or fraudulent communications
• Collect or harvest personal information without proper legal basis
• Provide medical diagnosis, legal advice, financial advice or other regulated professional services through the AI without appropriate qualifications and disclaimers
• Make therapeutic goods claims (as defined under TGA guidelines) through the AI without appropriate regulatory approval
• Handle calls where the primary purpose is responding to emergencies or life-threatening situations. The Service is not designed for this purpose and users must be directed to call 000 in any emergency
• Impersonate any person, entity or government body
• Interfere with, disrupt or damage the Service or its infrastructure
• Resell, sublicense or white-label the Service without our written consent
• Use the Service in any way that would expose Telakomie to regulatory liability

7. Billing, Payment and Cancellation

Subscription fees are billed in advance on a monthly basis in Australian Dollars (AUD) inclusive of GST. Payment is processed by Stripe.

• Your subscription begins on the date you complete onboarding and renews monthly
• All fees are non-refundable except as required by the Australian Consumer Law
• We reserve the right to suspend the Service immediately for non-payment
• We will provide 30 days written notice of any price changes. Your continued use of the Service after the effective date constitutes acceptance of the new pricing
• To cancel, you may do so from your dashboard settings or by emailing hello@telakomie.com.au. Cancellation takes effect at the end of the current billing period
• GST: all prices include GST where applicable. A tax invoice will be provided for each charge

8. AI Limitations and Your Responsibilities

The Service uses AI technology that, while sophisticated, has inherent limitations:

• AI responses may occasionally be inaccurate, incomplete or contextually inappropriate
• The AI may misunderstand accents, background noise, complex requests or ambiguous instructions
• Booking accuracy depends on the availability and reliability of your connected booking platform
• The Service does not replace human judgment or human oversight of your business

You are responsible for:

• Regularly reviewing AI call logs and bookings in your dashboard
• Maintaining human oversight of client-facing communications
• Configuring the Service appropriately for your business, including appropriate transfer rules and after-hours settings
• Ensuring the AI knowledge base you provide us is accurate and does not contain misleading information

9. Intellectual Property

All software, designs, algorithms, brand assets and content comprising the Service are owned by or licensed to Telakomie. Nothing in these Terms grants you any rights in the Service beyond the limited licence to use it as described here.

Your business data, call recordings, client information and the knowledge base content you provide remain your property. You grant Telakomie a limited, non-exclusive licence to process this data solely for the purpose of delivering and improving the Service. We will not use your data or your clients' data for any other purpose without your consent.

10. Consumer Guarantees Under Australian Consumer Law

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Service fixed or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

11. Limitation of Liability

To the maximum extent permitted by law (and subject to clause 10 above), Telakomie is not liable for any indirect, incidental, special or consequential loss or damage arising from your use of the Service, including but not limited to:

• Missed calls or bookings due to AI errors or service interruption
• Incorrect bookings or scheduling errors
• Loss of business or revenue
• Errors in AI-generated responses
• Third-party service outages (Twilio, Anthropic, Stripe, booking platforms)

Our aggregate liability to you for all claims under or relating to these Terms is limited to the total fees paid by you to Telakomie in the three months preceding the event giving rise to the claim.

12. Indemnity

You indemnify Telakomie and its officers, employees and contractors against any claims, damages, penalties, fines or costs (including legal costs) arising from:

• Your breach of these Terms
• Your breach of applicable law, including privacy, spam, surveillance or consumer protection law
• Your failure to obtain required consents from your clients
• Inaccurate or misleading information you provide for the AI knowledge base
• Any claim by your clients relating to AI-handled communications on your behalf

13. Termination and Suspension

Either party may terminate the Service by providing 30 days written notice. You may cancel at any time from your dashboard.

We may suspend or terminate the Service immediately and without notice if:

• You breach these Terms in a material way
• We believe your use of the Service exposes Telakomie or third parties to legal liability
• You fail to pay any amount due
• We are required to do so by law or regulatory authority

On termination, your data will be retained for 30 days then deleted in accordance with our Privacy Policy, unless earlier deletion is requested or legal retention obligations apply.

14. Third-Party Services

The Service relies on third-party providers including Twilio, Anthropic, Supabase, Stripe and various booking platforms. We are not responsible for the availability, accuracy or conduct of these third parties. Your use of connected booking systems is governed by your agreement with those providers.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you by email at least 14 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the changes, you may cancel your subscription before the effective date.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. If a dispute arises, we ask that you contact us first to attempt to resolve it informally. If the dispute cannot be resolved informally, it will be subject to the non-exclusive jurisdiction of the courts of New South Wales.

Nothing in this clause limits any right you have under the Australian Consumer Law to refer a dispute to the relevant consumer protection authority or tribunal in your state or territory.

17. General

• Entire agreement: These Terms and our Privacy Policy constitute the entire agreement between us regarding the Service
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force
• No waiver: Failure to enforce any provision does not constitute a waiver of that provision
• Assignment: We may assign our rights under these Terms. You may not assign your rights without our written consent
• Force majeure: Neither party is liable for delays or failures caused by circumstances beyond their reasonable control

18. Contact

Questions about these Terms? Contact us:

• Email: hello@telakomie.com.au
• Company: Golden Goose Projects Pty Ltd (trading as Telakomie)
• Trading name: Telakomie (ASIC registered business name)
• ABN: 19 655 429 646