Terms of Service

Last updated: 14 April 2026

Parties

This agreement is between [OPERATOR_NAME not set], ABN [BUSINESS_ABN not set], trading as ContactReplyAI ("CRAI", "we", "us", "our") and the customer subscribing to the Service ("Customer", "you", "your"). These Terms of Service ("Terms") govern your use of the ContactReplyAI service ("Service"). By subscribing to or using the Service, you agree to these Terms, our Acceptable Use Policy, our Privacy Policy, and our AI Disclosure (together, the "Agreement").

1. Description of Service

ContactReplyAI is an automated reply system that handles inbound customer enquiries via SMS, email, web chat, and WhatsApp on behalf of local service businesses. The Service uses AI to classify and understand inbound messages, and responds using reply templates that you have reviewed and approved. The Service is offered exclusively to Customers with a registered business address in Australia.

2. Subscription, Trial, and Refunds

  • The Service is offered on a monthly subscription basis, billed through PayPal.
  • A 7-day free trial is offered. No charge is made during the trial period.
  • 14-day money-back guarantee: if, within 14 days of your first paid billing date, you are not satisfied with the Service for any reason, contact us and we will refund your first month's fee in full. This guarantee applies once per Customer.
  • Founding member subscribers ($97 AUD/month) have their rate locked for the lifetime of their continuous subscription. If a founding member subscription lapses and is restarted, the standard rate applies.
  • Standard rate is $197 AUD/month and is subject to change with 30 days' written notice.
  • You may cancel at any time via your PayPal account or by requesting cancellation through the Service. Cancellation takes effect at the end of the current billing period.
  • Outside the 14-day money-back window, no refunds are issued for partial months or unused time.
  • Australian Consumer Law: nothing in this clause limits your rights under the Australian Consumer Law to a refund, repair, or replacement where a consumer guarantee is not met.

3. Your Responsibilities

  • You are responsible for the accuracy of the information you provide during onboarding (business details, pricing, service area, hours, FAQs, and any custom templates or edits you make).
  • You must ensure your use of the Service complies with all applicable laws, including the Australian Spam Act 2003, Privacy Act 1988, Australian Consumer Law, and any industry-specific regulations that apply to your business.
  • You must not use the Service to send unsolicited messages. The Service is designed for responding to inbound customer enquiries only.
  • You must review and approve the reply templates used on your behalf during onboarding. You may review, edit, or reject any template at any time via your dashboard.
  • You must comply with our Acceptable Use Policy, which forms part of this Agreement.

4. How Replies Are Sent (Publisher Role)

You are the sender and publisher of all outbound messages generated by the Service on your behalf. CRAI operates solely as a message-generation and dispatch tool configured, approved, and supervised by you. You are responsible for the content of outbound messages sent under your account, subject to CRAI's obligations under the Acceptable Use Policy and the content-filtering controls we provide.

CRAI uses AI to read and classify inbound messages and extract key information (such as addresses, phone numbers, and dates). Replies are generated from templates that you have reviewed and approved during onboarding, slot-filled with your configured business details. For full disclosure, see our AI Disclosure.

5. Approved-Scope Warranty

The Service is warranted only when used within the business verticals and configurations declared by you during onboarding and captured in your knowledge base. Use of the Service outside your declared scope — including use for verticals prohibited by the Acceptable Use Policy or use of sender identities, service areas, or business representations that do not accurately reflect your business — voids this warranty. You further indemnify CRAI against any third-party claim arising from out-of-scope use (as defined in this clause), on the terms set out in Clause 12.

6. AI-Generated Content and Limitations

  • The AI reads and classifies your customer's message and extracts key information. Outbound replies are rendered from approved templates filled with your configured details.
  • The Service will not invent pricing, services, or capabilities you have not defined.
  • The Service will never book appointments, commit to binding prices, or make enforceable promises on your behalf without your explicit authorisation.
  • Low-confidence classifications are flagged for your review before any reply is sent, depending on your trust-graduation settings.
  • You can override, edit, or pause any reply or the whole Service at any time from your dashboard.
  • Emergency responses (gas leaks, flooding, electrical hazards) are handled by pre-written safety templates and are not AI-generated. These templates direct recipients to emergency services and do not constitute professional advice.

7. Data and Privacy

We process personal data on your behalf as a data processor. Your customers' messages, names, and contact details are stored to provide the Service and are never sold or shared with third parties except as required to operate the Service (Twilio for SMS/WhatsApp, AWS SES for email, Anthropic for AI classification and extraction). See our Privacy Policy for full details.

If you are subject to GDPR (EU/UK customers of your business), you acknowledge that by using this Service you are appointing us as a data processor under Article 28 GDPR. Our Data Processing Agreement is available on request — to request a copy.

8. Opt-Outs and Spam Compliance

The Service detects and honours STOP / UNSUBSCRIBE opt-out messages from your customers. Opt-out records are retained indefinitely to satisfy Spam Act 2003 s18 obligations, even after your account is deleted — this overrides the general right to delete personal data under the Privacy Act. See the Privacy Policy for retention detail.

9. Template Licence

You grant CRAI a perpetual, non-exclusive, royalty-free, worldwide licence to derive anonymised, structural message templates from outputs you approve via the Service's human-review process, and to use those derived templates to improve the Service for all Customers. "Derived templates" means parameterised patterns from which all Customer-specific content (business names, pricing, contact details, location-specific claims, and any personal information) has been removed. You retain ownership of all Customer-specific content. CRAI will not use Derived Templates in a manner that would identify you or your business to third parties. CRAI may use Derived Templates only (a) to operate and improve the Service, and (b) as part of a bona fide sale or transfer of the Service (or CRAI's business) as a going concern to a successor entity bound by equivalent obligations to those in this Clause. CRAI will not license Derived Templates as a standalone product separate from the Service. This licence survives termination of this Agreement.

10. Disclaimer of Warranties

Except as set out in Clause 5 (Approved-Scope Warranty) and as required by the Australian Consumer Law, the Service is provided "as is" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted or error-free, or that AI classifications will always be accurate. We do not warrant that replies sent via the Service will satisfy any legal or regulatory requirement applicable to your business.

11. Limitation of Liability

Except for liability that cannot be excluded under the Australian Consumer Law, each party's aggregate liability under this Agreement for claims by the other party is limited to the greater of (a) the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim, or (b) AUD $2,500. This cap does not apply to (i) either party's indemnification obligations under Clause 12, (ii) breaches of the Acceptable Use Policy, or (iii) wilful misconduct or fraud.

Neither party is liable for any indirect, incidental, consequential, or special damages, including but not limited to lost profits, lost customers, or reputational damage.

Nothing in these Terms limits liability for death, personal injury, or fraud caused by a party's negligence, or for any liability that cannot be excluded under the Australian Consumer Law.

12. Indemnities

You indemnify CRAI against third-party claims arising from (a) content you approved via the Service's human-review process, (b) messages sent under Stage 2 or Stage 3 trust settings after you configured auto-send, (c) your breach of the Acceptable Use Policy (including breach of the sender-identity, logo, or photo warranties in the Acceptable Use Policy), (d) information in your knowledge base that causes an outbound reply to mislead or cause harm, or (e) out-of-scope use as defined in Clause 5.

CRAI indemnifies you against claims arising from CRAI's own negligence or wilful misconduct, including material defects in the core platform not attributable to your configuration or content.

Neither party is required to indemnify the other for damages caused by the indemnified party's acts or omissions.

13. Takedown and Complaint Handling

If CRAI receives a legitimate complaint that an outbound reply under your account contains defamatory, infringing, or unlawful content, we will act on the complaint within 24 hours — typically by suspending further replies on the affected conversation pending your response. This supports CRAI's reliance on the innocent-dissemination defence under the Defamation Act 2005 (and state equivalents) and is an express condition of our indemnity cover for you under Clause 12.

14. Assignment to Successor Entity

You consent in advance to the assignment of this Agreement (including, where effective novation is required, by a deed of novation we will execute on your behalf as your attorney for this limited purpose) to a successor entity incorporated in Australia and controlled by the current operator of CRAI at the time of migration (including an Australian Pty Ltd company incorporated to replace the current sole-trader structure), provided that (a) the successor assumes all our obligations to you under this Agreement, (b) the terms are no less favourable to you, and (c) we give you 14 days' written notice by email before the change takes effect. You may terminate this Agreement at no cost within the 14-day notice period if you do not wish to continue with the successor entity, and we will refund any prepaid but unused fees pro rata.

15. Intellectual Property

The Service, including its software, AI classification models, template library, and infrastructure, is owned by CRAI. Your knowledge base content (business information, FAQs, custom edits you make) remains your property. You grant us a licence to use it solely for the purpose of providing the Service to you. The template licence in Clause 9 operates independently of this general IP licence.

16. Service Changes and Termination

  • We may modify the Service with 30 days' notice for non-material changes and immediately for security-related changes.
  • We may suspend or terminate your account for breach of these Terms or the Acceptable Use Policy, with notice where practical and immediately for material breaches.
  • We may discontinue the Service with 90 days' notice. In such case, all prepaid fees will be refunded pro rata.

17. Governing Law

These Terms are governed by the laws of the Australian Capital Territory, Australia. Any disputes will be resolved in those courts.

18. Contact

Questions about these Terms: