Terms of Service

1.Introduction and Acceptance

These Terms of Service ("Terms") form a legally binding agreement between you and 4BTR, trading name of Lachlan Shields (ABN 53 947 419 021) ("4BTR," "we," "us," or "our"). They apply to your access to and use of the 4BTR platform, including our website, dashboard, APIs, and AI receptionist services (collectively, the "Service").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, you must not use the Service.

These Terms should be read together with our Acceptable Use Policy and Privacy Policy, which are incorporated into and form part of these Terms.

2.Definitions

In these Terms, the following capitalised terms have the meanings set out below:

• "Account" means the user account you create to access the Service.
• "AI Assistant" means the AI-powered voice receptionist configured for your Organisation.
• "Authorised User" means any individual you authorise to access the Service under your Organisation.
• "Call Data" means all data generated from calls handled by your AI Assistant, including recordings, transcripts, metadata, and any information extracted by the AI.
• "Caller" means any third party who interacts with your AI Assistant via telephone.
• "Knowledge Base Content" means any information, documents, FAQs, or other materials you upload to the Service to inform your AI Assistant.
• "Organisation" means the business entity or team workspace you create within the Service, which serves as the billing, configuration, and data boundary for your account.
• "Subscriber" means the person or business that holds a paid or free subscription to the Service.
• "Your Content" means all data, information, and materials you provide or upload to the Service, including Knowledge Base Content and any business information configured through the dashboard.

3.Service Description

4BTR provides an AI-powered phone receptionist platform. The Service enables businesses to:

• Receive and handle inbound phone calls through an AI Assistant, 24 hours a day, 7 days a week.
• Respond to caller enquiries using a customisable Knowledge Base.
• Schedule appointments via calendar integrations.
• Capture leads and contact information from callers.
• Access call analytics, transcripts, and recordings through an online dashboard.

The Service relies on third-party infrastructure providers, including voice AI platforms, telephony networks, and cloud hosting. The availability and performance of the Service is subject to the limitations described in these Terms.

4.Account Registration and Eligibility

To use the Service, you must:

• Be at least 18 years of age and legally capable of entering into a binding agreement.
• Provide accurate, current, and complete registration information.
• Maintain the security of your Account credentials. You are responsible for all activity that occurs under your Account, whether or not you authorised it.
• Notify us immediately at support@4btr.com.au if you suspect unauthorised access to your Account.

You may not create multiple Accounts for the same individual. Organisations may have multiple Authorised Users with different roles and permissions, as configured by the Organisation administrator.

5.Subscription Plans, Billing, and Payments

Plans and Pricing

The Service is offered under various subscription plans, each with defined features, usage limits, and pricing. Current plan details are available on our website and within the dashboard. 4BTR reserves the right to introduce, modify, or retire subscription plans at any time.

Billing and Auto-Renewal

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. We will provide at least 14 days' notice via email before any automatic renewal where required by law.

Price Changes

We may change our pricing from time to time. If we increase the price of your current plan, we will give you at least 30 days' written notice before the new price takes effect. If you do not agree to the new pricing, you may cancel your subscription before the price change takes effect without penalty.

Overdue Payments

If a payment is overdue, we will notify you and provide a 14-day grace period to resolve the issue. If payment is not received within the grace period, we may suspend your access to the Service until the outstanding amount is paid in full.

Refunds

We do not generally provide refunds for partially used billing periods or unused credits. However, nothing in these Terms excludes your rights under the Australian Consumer Law. If the Service fails to meet a consumer guarantee (for example, if it is materially defective or substantially unfit for its stated purpose), you may be entitled to a remedy including a refund, replacement, or compensation for any reduction in value.

6.Free Trials and Credits

We may offer free trials or promotional credits from time to time. Trial terms, including duration and usage limits, will be specified at the time of enrollment. At the end of a trial period, your access may be downgraded to a free tier or suspended unless you subscribe to a paid plan. We are under no obligation to offer or extend any trial.

Unless otherwise stated, credits are non-transferable, non-refundable, and do not carry over between billing periods.

7.Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which sets out detailed rules regarding prohibited activities, AI-specific obligations, telecommunications compliance, and content guidelines. The Acceptable Use Policy is incorporated into these Terms by reference. A breach of the Acceptable Use Policy constitutes a breach of these Terms.

8.AI Disclosure and Limitations

You acknowledge and agree that:

• The AI Assistant is not human and may make errors. Callers will be informed at the start of each call that they are speaking with an AI system.
• AI-generated responses are based on the information available in your Knowledge Base and the underlying language model. We do not guarantee the accuracy, completeness, or appropriateness of any AI output.
• The AI Assistant does not constitute and must not be relied upon as professional advice of any kind, including medical, legal, financial, or tax advice.
• You are responsible for reviewing and verifying any information your AI Assistant provides to callers, particularly regarding pricing, availability, business policies, and any other matters where inaccuracy could cause harm.
• The Service is not HIPAA-compliant and must not be used to process protected health information (PHI) or any other category of data that requires specific regulatory certifications we do not hold.

Data Improvement

We may use aggregated, anonymised, and de-identified data derived from the Service to improve our AI models, platform performance, and service quality. We will not use your identifiable business data or call recordings to train AI models for other customers without your explicit consent.

9.Call Recording and Consent

All calls handled by the Service are recorded and transcribed. Our platform provides an automatic disclosure at the beginning of each call to inform the caller that they are speaking with an AI and that the call is being recorded.

You acknowledge and agree that:

• You are responsible for ensuring that call recording complies with the laws of every jurisdiction in which your callers are located, including but not limited to the Surveillance Devices Act 2007 (NSW) and equivalent state and territory legislation in Australia.
• You must not configure your AI Assistant in any way that suppresses, removes, or obscures the mandatory disclosure provided at the start of each call.
• If a caller requests that recording stop or that they be connected to a human, you must have a reasonable process in place to accommodate such requests.
• Call recordings and transcripts are retained in accordance with our Privacy Policy. You may configure retention settings within the dashboard where available.

10.Data Ownership and Privacy

Your Data

You retain all right, title, and interest in Your Content and your Call Data. By using the Service, you grant 4BTR a limited, non-exclusive, worldwide, royalty-free licence to use, host, store, process, and display Your Content and Call Data solely for the purpose of providing, maintaining, and improving the Service for you.

Privacy

Our collection and use of personal information is governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Service, you consent to our data practices as described in the Privacy Policy.

Data Residency

Your data is stored and processed using cloud infrastructure that may be located outside Australia. Our primary database is hosted in the Asia-Pacific region (Tokyo). Voice processing is handled by third-party providers whose infrastructure is primarily located in the United States. By using the Service, you consent to your data being transferred to, and processed in, these locations.

Data Controller and Processor

For the purposes of applicable data protection legislation, you are the data controller of any personal information relating to your callers and contacts that is processed through the Service. 4BTR acts as a data processor on your behalf. You are responsible for ensuring that your collection and use of caller data complies with all applicable privacy laws, including obtaining any necessary consent.

11.Intellectual Property

4BTR's Intellectual Property

The Service, including all software, algorithms, user interface designs, documentation, trademarks, logos, and all other proprietary materials, is owned by 4BTR or its licensors. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

Your Content

You retain ownership of all content you upload to the Service. You represent and warrant that you own or have the necessary rights and licences to all content you provide, and that such content does not infringe the intellectual property rights of any third party.

Feedback

If you provide us with suggestions, ideas, feature requests, or other feedback regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate that Feedback into the Service without restriction or obligation to you.

12.Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Service ("Confidential Information"). This includes, but is not limited to, business strategies, customer data, API keys, pricing information, and technical specifications.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without reference to the disclosing party's Confidential Information; or (d) is required to be disclosed by law, regulation, or court order.

13.Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to voice AI platforms (Vapi.ai), telephony providers (Twilio), large language model providers, and calendar services (Google Calendar). Your use of the Service may also be subject to the terms of service and privacy policies of these third-party providers.

You acknowledge and agree that:

• 4BTR is not responsible for the availability, performance, security, or data practices of any third-party service.
• The availability of any integration or third-party feature does not constitute an endorsement, recommendation, or guarantee by 4BTR.
• If a third-party provider changes, suspends, or discontinues its service, the functionality of the Service may be affected. 4BTR will use reasonable efforts to minimise disruption but is not liable for any loss resulting from such changes.
• You are responsible for complying with the terms of any third-party service you connect to the Service (for example, Google Calendar's terms of service).

14.Service Levels and Availability

We will use commercially reasonable efforts to maintain the availability of the Service. However, we do not guarantee uninterrupted, error-free, or timely service. The Service may be subject to planned maintenance, upgrades, and occasional unplanned outages.

We will endeavour to provide reasonable advance notice of planned maintenance that may affect service availability. Service availability is subject to factors outside our reasonable control, including third-party provider outages, internet connectivity issues, and telecommunications network disruptions.

15.Warranties and Disclaimers

4BTR expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by law.

Without limiting the above, 4BTR does not warrant that:

• The Service will be uninterrupted, secure, or error-free.
• The AI Assistant will provide accurate, complete, or appropriate responses in all circumstances.
• The Service will meet your specific requirements or expectations.
• Any defects in the Service will be corrected within a particular timeframe.

Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded or modified. If any provision of these Terms is inconsistent with such a guarantee, right, or remedy, the provision is void to the extent of the inconsistency.

If the Service fails to comply with a consumer guarantee, your remedies may include (at our election, where permitted) repair, replacement, re-supply of the service, or a refund.

16.Limitation of Liability

To the maximum extent permitted by applicable law:

• Excluded damages. Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business opportunity, or goodwill, regardless of the cause of action or the theory of liability (including contract, tort, or negligence), even if the party has been advised of the possibility of such damages.
• Liability cap. 4BTR's total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service will not exceed the total amount of fees paid by you to 4BTR in the 12 months immediately preceding the event giving rise to the claim, or AUD $100, whichever is greater.

The limitations in this section do not apply to: (a) liability that cannot be excluded or limited under the Australian Consumer Law; (b) liability arising from a party's gross negligence, fraud, or wilful misconduct; or (c) your obligation to pay fees owing under these Terms.

17.Indemnification

Your Indemnification

You agree to indemnify, defend, and hold harmless 4BTR and its officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) Your Content or your Call Data; (c) your breach of these Terms, the Acceptable Use Policy, or any applicable law; (d) your failure to comply with call recording, telecommunications, or data protection laws applicable to your use of the Service; or (e) any claims by a Caller or other third party in connection with calls handled by your AI Assistant.

4BTR's Indemnification

4BTR will defend, indemnify, and hold harmless you and your officers, directors, and employees from and against any third-party claim that the Service (excluding Your Content) infringes any intellectual property rights, provided that: (a) you promptly notify us of the claim; (b) you give us sole control of the defence and settlement; and (c) you provide us with reasonable cooperation. If the Service becomes, or in our opinion is likely to become, the subject of an infringement claim, we may at our option and expense: (i) procure the right for you to continue using the Service; (ii) modify the Service to make it non-infringing; or (iii) terminate your access and provide a pro-rata refund of any prepaid fees.

18.Suspension and Termination

Suspension

We may suspend your access to the Service, in whole or in part, if we reasonably believe that: (a) your Account has been compromised; (b) your use of the Service poses a security risk to the Service or other users; (c) your use breaches these Terms or the Acceptable Use Policy; or (d) you have failed to pay fees when due. We will notify you of the reason for suspension as soon as reasonably practicable, unless prohibited by law.

Termination by You

You may terminate your subscription at any time by cancelling through the dashboard or by contacting us at support@4btr.com.au. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until the end of the period you have already paid for.

Termination by 4BTR

We may terminate your access to the Service: (a) for convenience, by providing you with at least 30 days' written notice; (b) for cause, if you materially breach these Terms and fail to cure the breach within 14 days of receiving written notice; or (c) immediately, without notice, if your use involves illegal activity, fraud, or conduct that poses an imminent risk to the safety of others or the integrity of the Service.

Effect of Termination

Upon termination: (a) all rights and licences granted to you under these Terms will cease; (b) you must stop using the Service; (c) you remain liable for any fees incurred before the termination date; and (d) any provisions of these Terms that by their nature should survive termination will survive, including Sections 10, 11, 12, 15, 16, 17, 19, and 21.

19.Data Retrieval and Deletion

Following termination or cancellation of your Account, you will have a period of 30 days to export your data. During this period, you may download your Call Data, Knowledge Base Content, contacts, and other information using the export features available in the dashboard or by contacting us.

After the 30-day retrieval period, we will permanently delete all of your data from our active systems. Some data may be retained in encrypted backups for a limited period in accordance with our standard backup and recovery procedures, and will be deleted in the normal course of backup rotation. Data may also be retained where required by applicable law or regulation.

20.Modifications to Terms

We may update these Terms from time to time. When we make material changes, we will: (a) post the revised Terms on this page and update the "Last updated" date; and (b) notify you via email or in-dashboard notification at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your Account before the changes take effect. You may do so without penalty.

21.Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal from those courts.

Before commencing formal legal proceedings, the parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation for a period of at least 30 days from the date one party notifies the other of the dispute in writing.

Nothing in this section prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction, or limits the right of either party to commence proceedings in the small claims division of any applicable tribunal.

22.Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that the failure or delay is caused by an event beyond the party's reasonable control, including but not limited to: natural disasters, pandemics, acts of war or terrorism, government actions or orders, widespread internet or telecommunications outages, or large-scale cyberattacks.

The affected party must: (a) notify the other party promptly; (b) use reasonable efforts to mitigate the impact of the event; and (c) resume performance as soon as the event ceases. If a force majeure event continues for more than 60 consecutive days, either party may terminate these Terms by providing written notice to the other party.

23.General Provisions

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Waiver

A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver is only effective if it is in writing and signed by the party granting the waiver.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. 4BTR may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of substantially all of its assets, upon notice to you.

Entire Agreement

These Terms, together with the Privacy Policy and the Acceptable Use Policy, constitute the entire agreement between you and 4BTR with respect to the Service, and supersede all prior or contemporaneous communications, proposals, and understandings, whether oral or written.

Notices

All notices under these Terms must be in writing. Notices to you will be sent to the email address associated with your Account. Notices to 4BTR should be sent to legal@4btr.com.au or to our postal address listed in Section 24.

Export Controls

You must comply with all applicable export control and sanctions laws and regulations when using the Service. You may not use, export, or re-export the Service in violation of any applicable law.

Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and 4BTR. Neither party has the authority to bind the other or to incur obligations on the other's behalf.

24.Contact Information

This Terms of Service should be read together with our Acceptable Use Policy and Privacy Policy.