These Terms of Service ("Terms") form a binding contract between Enkiza Pty Ltd ABN 18 687 182 841 ("Vocaliza AI", "we", "us", "our") and the person or entity agreeing to them ("Customer", "you", "your"). By creating an account, using our dashboards, APIs or phone numbers, or clicking "I Agree", you accept these Terms.
Vocaliza AI provides ready-to-use AI digital agents for specific business roles including AI Receptionists, AI Sales Agents, and AI Support Specialists. These agents can answer calls, book appointments, qualify leads, handle customer support, and integrate with your existing business systems such as calendars, CRMs, and communication tools.
We grant you a non-exclusive, non-transferable, revocable right to use our AI digital agents for your internal business operations, subject to these Terms. No intellectual-property ownership is transferred.
You must not: (a) resell or white-label the AI agents without a written reseller agreement; (b) attempt to reverse-engineer the underlying AI models or algorithms; (c) use the agents for unlawful, harmful, deceptive, or fraudulent activities; (d) impersonate real people without proper disclosure that the agent is AI-powered; or (e) bypass usage limits or fees.
You are responsible for safeguarding account credentials and for all activity under your account. Notify us immediately of unauthorised use. We may suspend accounts that threaten security, violate law or these Terms.
Usage-based and subscription fees are shown in your dashboard or an order form. Charges are based on AI agent interactions, including phone calls handled, appointments booked, leads processed, and support tickets managed. Invoices are due within 14 days unless stated otherwise. Late payments may attract 1.5% interest per month.
Our AI agents can integrate with your existing business systems including calendars (Google Calendar, Outlook), CRMs (Salesforce, HubSpot), phone systems, and other communication tools. You are responsible for ensuring proper authentication and permissions for these integrations. We are not liable for data access, security, or functionality issues with third-party systems.
We target 99.5% monthly uptime for our AI agents. Your agents should be available 24/7 to handle customer interactions. Planned maintenance will be announced at least 24 hours in advance. Service credits for downtime are your sole remedy for service interruptions.
Trial periods and new agent capabilities are offered "as is" and may change without notice. We may suspend trial accounts that remain inactive for 30 days or that exceed usage limits. New features may be added to your AI agents to improve performance and capabilities.
All AI agent software, training models, algorithms, and branding remain our exclusive property. You retain ownership of your business data, customer information, call recordings, and conversation transcripts ("Customer Content"). You grant us a limited license to process Customer Content solely to provide the AI agent services and improve our agents' performance for your benefit.
Our handling of personal information is governed by the Vocaliza AI Privacy Policy which forms part of these Terms.
Both parties must protect the other's non-public information using reasonable care and use it only to perform under these Terms.
Each party warrants it has authority to enter this Agreement. Except as expressly stated, the Service is provided "as is" and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
To the maximum extent permitted by law, neither party will be liable for indirect, special, incidental or consequential damages. Our aggregate liability in any 12-month period is capped at the greater of AUD 1,000 or the fees paid by you in that period, except for (a) willful misconduct, (b) indemnities, or (c) amounts that cannot be excluded under the Australian Consumer Law.
You will defend and indemnify us against claims arising out of (a) Customer Content, (b) your breach of law or these Terms, or (c) your use of the Service with infringing data.
Either party may terminate for convenience with 30 days' notice, or immediately for material breach if not cured within 10 days. Sections 9–14, 16–18 survive termination.
Disputes will first be negotiated in good faith. Unresolved disputes will be submitted to binding arbitration seated in Melbourne, Australia, under the ACICA rules. Each party waives class actions or jury trials.
These Terms are governed by the laws of Victoria, Australia, and each party submits to the exclusive jurisdiction of Victorian courts, subject to the arbitration clause above.
We may update these Terms by posting a revised version and emailing the account owner. Changes take effect 30 days after posting. Continuing to use the Service constitutes acceptance.
Questions? Email tech@enkiza.ai