Callable AI Terms and Conditions

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

“Account”

means the Customer’s account for accessing the Callable Solution.

“Account Information”

means business contact and billing information associated with the Account, including user emails, usage records, configuration settings, and call logs generated through the Services.

“Agent Lane”

means one concurrent calling lane (inbound or outbound) that may run at the same time as other lanes.

“AI Features”

means features that use artificial intelligence, including speech generation, speech recognition, call summarisation, transcription, tagging, sentiment, and related analytics.

“AI Features Addendum”

means the addendum at the end of these Terms that applies to AI Features and forms part of the Agreement.

“Applicable Law”

means all laws and regulations applicable to the Parties and the Services, including privacy, telecommunications, marketing, consumer protection, and any applicable industry codes and carrier policies.

“Business Day”

means a day other than a Saturday, Sunday, or public holiday in Queensland, Australia.

“Callable Solution”

means the hosted software platform operated by Callable and made available to Customer over the internet, including the Account, dashboards, call handling and configuration tools, and any documentation Callable provides for them.

“Confidential Information”

means information disclosed by or on behalf of a Party to the other Party that is marked as confidential or that a reasonable person would understand to be confidential, including the terms of the Agreement, Customer Data, pricing, technical information, and business processes, but excluding information described in clause 8.3.

“Customer Data”

means any data, text, messages, scripts, prompts, contact lists, CRM records, and other information provided by or on behalf of Customer to the Services.

“Effective Date”

means the date the Order Form is signed or accepted (including via online checkout) or the date Customer first uses the Services, whichever occurs first.

“Start Date”

means the start date stated in an Order Form (if any).

“Service Commencement Date”

means, unless otherwise stated in an Order Form, the earliest of:

(a) the Start Date stated in the Order Form (if any);(b) the date Callable makes the Services available, or begins provisioning or configuration, including setting up access, numbers, agents, integrations, list processing, testing, or campaign setup; or(c) the date of the first outbound or inbound call attempt.

“Fees”

means all fees payable by Customer under the Agreement, including Fixed Fees, Usage Fees, and any Professional Services fees.

“Service Charges”

means the Fees or other amounts payable for Services under an Order Form, including Fixed Fees, Usage Fees and any Professional Services fees.

“Fixed Fees”

means the recurring subscription fees for the selected Plan as set out in the Order Form.

“Recurring Services”

means Services supplied on a recurring subscription basis (including subscription Services charged by Fixed Fees) as described in an Order Form.

“Once-off Services”

means Services (including Professional Services) described in an Order Form as once-off, setup, implementation, configuration, optimisation, or other non-recurring services.

“Initial Term”

means the initial minimum term (if any) stated in an Order Form, commencing on the Service Commencement Date and ending when that term expires, before any renewal term begins.

“Input Content”

means Customer Data submitted to AI Features, including scripts and prompts.

“Integrations”

means third party applications, platforms, or services that interoperate with the Services.

“Use Case”

means a specific AI voice agent workflow or business function selected in an Order Form (for example lead generation, reactivation, receptionist or administrative support).

“Order Form”

means an order form, quote, online checkout, or statement of work that sets out the selected Plan, any Use Case(s) (if applicable), Fees, term, billing frequency, and other commercial details.

“Output Content”

means any outputs produced through AI Features, including call recordings, transcripts, summaries, tags, dispositions, and analytics.

“Party”

means Callable or Customer, and “Parties” means both of them.

“Personal Information”

has the meaning given in the Privacy Act 1988 (Cth).

“Plan”

means a subscription plan or tier for the Services made available by Callable and selected by Customer in an Order Form, including Basic, Plus and Enterprise (or any other plan name made available by Callable).

“Professional Services”

means implementation, onboarding, configuration, optimisation, advisory, or integration services if agreed in an Order Form.

“Services”

means the Callable Solution, AI voice agent workflows, dashboards, reporting, support, and any related services provided under an Order Form.

“Term”

means the term of an Order Form, including any renewal term.

“Usage Fees”

means variable fees for usage based services, which may include telephony minutes, SMS, numbers, call recording storage, AI processing, and other consumption items as set out in an Order Form or price schedule.

If there is any inconsistency between an Order Form and these Terms, the Order Form prevails to the extent of the inconsistency.

2.1 Ordering or purchasing Services. Customer may subscribe to the Services by executing an Order Form, completing an online checkout, or otherwise ordering via Callable’s dashboard or written acceptance.

2.2 Callable Solution. The Callable Solution allows authorised users to access and use the Services via the internet. Callable may make changes to the Callable Solution from time to time in accordance with these Terms.

2.3 Telephony and messaging. The Services may rely on telecommunications carriers and third party providers. Customer acknowledges that carrier network conditions, filtering, and jurisdictional restrictions may affect call completion, number reputation, and deliverability.

2.4 Professional Services. If Professional Services are included, the scope and fees will be described in the applicable Order Form. Any out of scope work must be agreed in writing before it is performed.

2.5 Free Trial. Callable may offer a free trial. Unless otherwise stated, trials may include limited functionality and may still incur Usage Fees. Callable may end a trial at any time.

3.1 Requirements. Customer acknowledges and agrees that:

• Customer is solely responsible for the lawfulness of Customer Data, calling lists, scripts, prompts, and campaign instructions.
• Customer is solely responsible for determining whether the Services are suitable for use in light of Customer’s regulatory obligations, industry requirements, and relationships with its own clients and prospects.
• Customer must ensure that it has authority and any required consents to contact recipients, to process Personal Information, and to record and transcribe calls where applicable.
• Customer must keep Customer Data accurate, up to date, and appropriately suppressed, including maintaining do not call lists and opt out records.

3.2 Account security and unauthorised use. Customer is responsible for maintaining the confidentiality of login credentials and for all use of the Account. Customer must promptly notify Callable of suspected unauthorised access. Callable may take steps to prevent or terminate unauthorised use.

3.3 Integrations. Integrations are not Callable products. Customer’s use of Integrations is solely between Customer and the third party provider and is governed by that provider’s terms. Callable is not responsible for Integrations or third party outages.

3.4 Number reputation and carrier policies. Customer acknowledges that calling patterns, complaint rates, and list quality can lead to filtering or number flagging. Callable is not liable for these outcomes where they arise from Customer’s campaigns, data quality, or script content.

3.5 Financial services and regulated communications. Customer must ensure that scripts and call flows do not provide unlicensed financial product advice or other regulated advice. Callable does not provide legal, compliance, or financial advice.

4.1 Maintenance. Callable will use reasonable efforts to schedule maintenance outside business hours where practicable. Some maintenance may be emergency maintenance and may occur without notice.

4.2 Updates and patches. Callable may deploy updates, patches, or new releases. Customer is responsible for maintaining compatible environments for any Integrations that Customer manages.

5.1 Callable ownership. Callable and its licensors retain all rights, title, and interest in the Services, including software, workflows, templates, prompts, designs, and any improvements (Callable IP).

5.2 Limited licence. Subject to payment of Fees and compliance with the Agreement, Callable grants Customer a limited, non exclusive, non transferable licence during the Term to access and use the Services for Customer’s internal business purposes.

5.3 Restrictions. Customer must not (and must not permit any person to):

• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services.
• Copy, modify, or create derivative works of the Services except as permitted by law.
• Use the Services to build or offer a competing product or service by copying Callable IP.
• Interfere with, disrupt, or bypass security or technical measures of the Services.

5.4 Customer Data. Customer retains all rights in Customer Data. Customer grants Callable and its suppliers a limited licence to host, process, transmit, and use Customer Data solely to provide, maintain, and secure the Services and to comply with Applicable Law.

5.5 Feedback. If Customer provides feedback, suggestions, or ideas, Customer grants Callable a perpetual, irrevocable, worldwide, royalty free licence to use and incorporate that feedback into the Services.

6.1 Customer must use the Services in compliance with Applicable Law and must not:

• Use the Services for unlawful, fraudulent, deceptive, or harmful purposes.
• Transmit malware, spam, or content that infringes third party rights.
• Use the Services for emergency services communications.
• Misrepresent the identity of the caller or the nature of the communication. If AI is used, Customer must ensure disclosures are made where required by Applicable Law.
• Use the Services to contact recipients who have opted out or are on do not call registers where contact is prohibited.

6.2 Callable may apply reasonable safeguards to protect compliance, deliverability, and platform integrity. This may include pacing limits, attempt caps, suppression requirements, script changes, and pausing, restricting, or suspending campaigns or accounts where Callable reasonably believes there is elevated compliance, complaint, fraud, carrier, security, legal, or reputational risk.

7.1 Fees and currency. Fees are payable in Australian dollars unless otherwise stated in an Order Form. Fees and Service Charges are not contingent on the performance results of the Services.

7.2 Fixed Fees. Fixed Fees for Recurring Services are payable in advance for each billing period as set out in the Order Form (usually monthly). Unless otherwise stated in an Order Form, the first payment is due on the Service Commencement Date. Fees for Once-off Services are payable in full upfront, with payment due on the Service Commencement Date (or as otherwise stated in the Order Form), and must be received prior to commencement of the relevant Once-off Services.

7.3 Usage Fees. Usage Fees may apply for consumption based items such as telephony minutes, SMS, numbers, call recording storage, and AI processing. Usage Fees will be invoiced and payable as set out in the Order Form or applicable price schedule (which may include billing in advance, billing in arrears, minimum usage commitments, or prepaid credit).

7.4 Invoicing and payment. Invoices are payable in accordance with the payment terms set out in the Order Form. Unless otherwise stated in an Order Form, all Fees are payable in advance. Callable may require payment to be received before commencing or continuing the Services and may withhold access to the Services until overdue amounts are paid. Customer must not withhold or set off Fees except where required by law.

7.5 Taxes and payment surcharges. Fees are exclusive of GST unless stated otherwise. Customer is responsible for applicable taxes and surcharges. If Customer pays by credit card, Callable may charge a card surcharge disclosed at checkout, on an invoice, or in the Order Form. Callable may require international Customers, or Customers paying from an international account, to pay by credit card or another approved method.

7.6 Late payment. If Fees are overdue, Callable may charge interest at 10 percent per annum calculated daily and may suspend the Services on written notice.

8.1 Each Party must keep the other Party’s Confidential Information confidential and must only use it to perform the Agreement.

8.2 A Party may disclose Confidential Information to its personnel, contractors, and advisers who need to know, provided they are bound by confidentiality obligations.

8.3 Confidentiality does not apply to information that is public through no fault of the receiving Party, independently developed, or lawfully obtained from a third party.

8.4 Confidentiality obligations survive for three years after termination, except for trade secrets which must be protected for so long as they remain trade secrets.

9.1 Privacy. Each Party must comply with privacy laws applicable to it. Customer warrants it has provided required notices and obtained necessary consents for Customer Data and Personal Information used with the Services.

9.2 Data processing. Callable will process Customer Data to provide the Services and may use suppliers and cloud infrastructure, including where data is processed overseas. Customer consents to overseas disclosure as required to provide the Services.

9.3 Information security. Callable will use commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorised access, use, disclosure, or loss.

9.4 Data breach. Callable will notify Customer within two Business Days after becoming aware of a suspected eligible data breach affecting Customer Data and will cooperate with Customer’s reasonable requests related to response and remediation.

9.5 Data retention and deletion. On termination, Callable will provide a reasonable export of Customer Data available in the platform on request and will delete or de identify Customer Data within a reasonable period, subject to lawful retention obligations and standard backup retention.

10.1 Callable warranties. Callable will provide the Services using a commercially reasonable level of care. To the extent the Australian Consumer Law applies, Customer may have non excludable rights.

10.2 Customer warranties. Customer warrants it will access and use the Services in compliance with Applicable Law and the Agreement.

10.3 Anti corruption and trade laws. Each Party warrants it will comply with applicable anti corruption, sanctions, and export control laws. Customer must not use the Services in a sanctioned territory or for sanctioned persons where prohibited by law.

10.4 Disclaimer. Except as expressly stated in the Agreement and to the maximum extent permitted by law, the Services and any Output Content are provided as is and as available and Callable disclaims all implied warranties including merchantability, fitness for purpose, and non infringement. Callable does not guarantee answer rates, contact rates, appointment rates, conversion rates, revenue outcomes, or any commercial result.

11.1 Customer indemnity. Customer indemnifies and holds harmless Callable and its personnel from claims, investigations, penalties, and losses arising from Customer Data, scripts, calling practices, consent management, and Customer’s breach of Applicable Law, except to the extent caused by Callable’s wilful misconduct or gross negligence.

11.2 Callable indemnity. Callable will indemnify Customer against third party claims that the Services, as provided by Callable, infringe a third party intellectual property right. This indemnity does not apply to claims arising from Customer Data, Integrations, third party services, or Output Content.

11.3 Indemnity procedure. The indemnified Party must promptly notify the indemnifying Party, provide reasonable cooperation, and allow the indemnifying Party to control the defence and settlement, provided that any settlement does not impose obligations on the indemnified Party without its consent.

12.1 Liability cap. To the maximum extent permitted under Applicable Law, in no event shall the cumulative liability of Callable or its affiliates exceed the total amounts paid or payable by customer during the twelve months prior to the claim giving rise to such damages or two hundred Australian dollars if for a free trial.

12.2 Exclusion of indirect loss. To the maximum extent permitted by law, neither Party is liable for indirect or consequential loss, including loss of profit, revenue, goodwill, business opportunity, or loss or corruption of data.

12.3 Exceptions. This clause does not limit liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or non excludable rights under the Australian Consumer Law.

13.1 Term. The Agreement commences on the Effective Date. Each Order Form commences on the Service Commencement Date and continues for the Term stated in that Order Form. Unless an Order Form states otherwise, Order Forms renew automatically for successive monthly periods until terminated in accordance with clause 13.3.

13.2 Suspension. Callable may suspend access if Customer is in material breach, Fees are overdue and not in good faith dispute, or Callable reasonably believes Customer use creates security, legal, or harm risk.

13.3 Termination. Either Party may terminate an Order Form for convenience by giving at least 30 days written notice. Termination for convenience takes effect at the end of the then current billing period (or any later date specified in the notice). Either Party may terminate for material breach not remedied within 30 days of notice. Either Party may terminate immediately for insolvency. Callable may terminate to comply with legal, regulatory, or judicial obligation.

13.4 Effects of termination. On termination, Customer must stop using the Services and pay all accrued Fees. Callable will provide reasonable data export support upon request. If an Order Form has a fixed Initial Term and Customer terminates for convenience before the end of that term, Customer must pay the Fixed Fees for the remainder of the Initial Term unless otherwise agreed in writing.

Neither Party is liable for delay or failure to perform (other than payment obligations) to the extent caused by events beyond reasonable control, including carrier outages, cloud provider outages, third party AI provider outages, cyber incidents, and changes in law.

1. The Parties will first attempt to resolve disputes by good faith negotiation for 14 days after written notice.
2. If unresolved, the Parties will attempt mediation in Brisbane, Queensland (or via video conference) before commencing proceedings, except where urgent injunctive relief is required.

Notices must be in writing and sent to the email or address set out in the Order Form. Notices are deemed received when delivered by email or, if delivered by courier, five Business Days after dispatch.

Callable may update these Terms and related policies by giving at least 30 days notice to Customer. Updates take effect after the notice period. If Customer does not agree, Customer may terminate the affected Order Form by giving notice before the update takes effect, and Callable will not charge Fixed Fees for the period after the effective termination date.

• Governing law. Queensland, Australia. The Parties submit to the non exclusive jurisdiction of courts in Queensland.
• Entire agreement. The Agreement is the entire agreement between the Parties regarding the Services and supersedes prior discussions and representations.
• Assignment. Customer may not assign the Agreement without Callable’s written consent. Callable may assign to an affiliate or as part of a business sale on notice to Customer.
• Subcontracting. Callable may subcontract performance to suppliers and remains responsible for performance of the Agreement.
• Severability. If a provision is unenforceable, it will be read down or severed to the extent necessary and the remainder will continue.