Terms of Service

1. Acceptance of terms

By accessing or using Kaylo's services, creating an account, or clicking "I agree" during registration, you accept and agree to be bound by these Terms of Service and our Privacy Policy.

If you don't agree with these terms, you may not use our service. These terms apply to all users, including visitors, customers, and anyone who calls businesses using Kaylo.

2. Service description

Kaylo provides an AI-powered phone receptionist service for Australian small and medium businesses. Our service includes:

• AI-powered phone answering with natural Australian voice
• Message taking and forwarding via SMS and email
• Frequently asked questions (FAQ) handling
• Basic appointment booking and calendar integration
• Call routing and transfer to designated numbers
• After-hours and business hours management
• Call analytics and reporting dashboard

We reserve the right to modify, suspend, or discontinue any aspect of the service with reasonable notice to customers.

3. Account registration and responsibilities

Registration requirements:

• You must be at least 18 years old and authorized to bind your business
• Provide accurate and current information about your business
• Maintain the security of your account credentials
• Have a legitimate Australian business or be authorized to act on behalf of one

Your responsibilities:

• Keep your account information current and accurate
• Notify us immediately of any unauthorized account access
• Ensure your business information and FAQs are truthful and up-to-date
• Comply with all applicable laws and regulations
• Use the service only for its intended business purposes

4. Subscription plans and billing

Subscription plans:

We offer multiple subscription tiers with different included minutes and features. Current plans and pricing are available on our website and may change with reasonable notice.

Billing terms:

• Monthly subscriptions are billed in advance
• Overage charges apply when you exceed your plan's included minutes
• Payment processing is handled securely by Stripe (integration coming soon)
• All prices include applicable Australian taxes (GST)
• Failed payments may result in service suspension

Free trial:

New customers receive a 14-day free trial with full access to selected plan features. No payment method is required during the trial period.

Refunds:

Monthly subscription fees are non-refundable. Overage charges are final. We may provide refunds at our discretion for service outages or technical failures.

5. Acceptable use policy

You agree to use Kaylo's service legally and appropriately. Prohibited activities include:

Illegal activities:

• Using the service for any illegal business or purpose
• Facilitating harassment, threats, or abuse through the AI system
• Collecting personal information without consent
• Violating Australian consumer protection or privacy laws

System abuse:

• Attempting to reverse engineer or hack the AI system
• Using automated systems to overwhelm our service
• Sharing account credentials with unauthorized parties
• Creating multiple accounts to circumvent usage limits

Content violations:

• Configuring the AI to provide false, misleading, or harmful information
• Using the service to impersonate others or misrepresent your business
• Inputting content that violates intellectual property rights
• Programming responses that promote illegal activities

6. AI limitations and disclaimers

AI system limitations:

• May occasionally misunderstand caller requests or provide incorrect responses
• Cannot handle complex negotiations or nuanced business decisions
• May fail to recognize emergency situations or urgent requests
• Response quality depends on the accuracy of your business information and FAQ setup
• Cannot replace human judgment in complex customer service situations

Not suitable for emergencies:

Kaylo is not designed to handle emergency calls or situations requiring immediate human intervention. Ensure your customers know how to reach emergency services (000 in Australia) or contact you directly for urgent matters.

Continuous improvement:

We continuously improve our AI system, but cannot guarantee it will handle every situation perfectly. You remain responsible for monitoring the service and ensuring it meets your business needs.

7. Phone number provisioning

Kaylo provides Australian local phone numbers as part of the service:

• Phone numbers remain the property of Kaylo
• Numbers are licensed to you for use only while your subscription is active
• We cannot guarantee availability of specific area codes or numbers
• Numbers may be reclaimed if your account is terminated or suspended
• Porting your existing number to Kaylo may be possible (additional setup required)

Upon cancellation, you have 30 days to port your number elsewhere or request assistance with the transfer. After this period, the number may be reassigned.

8. Data handling

Your use of Kaylo involves the processing of personal information. Please review our Privacy Policy for detailed information about:

• What data we collect from you and your callers
• How we use and protect this information
• Your rights regarding personal data
• How we comply with Australian privacy laws

By using our service, you acknowledge that caller data will be processed according to our Privacy Policy and you have appropriate consent or legal basis for this processing.

9. Intellectual property

Our intellectual property:

Kaylo owns all rights to our AI technology, software, trademarks, and service marks. You receive a limited license to use our service but do not acquire ownership rights.

Your content:

You retain ownership of your business information, FAQs, and other content you provide. You grant us permission to use this content solely to provide our service.

Caller data:

Call recordings, transcripts, and caller information are used strictly to provide our service and are subject to our Privacy Policy. We do not claim ownership of this data.

10. Service availability and uptime

While we strive to maintain high service availability, we do not guarantee 100% uptime. Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Third-party service provider outages
• Network connectivity issues
• Force majeure events beyond our control

We currently do not offer formal service level agreements (SLAs), but we work to minimize service disruptions and will communicate significant outages through our status page and customer notifications.

11. Termination and cancellation

Your right to cancel:

• You may cancel your subscription at any time
• Cancellation takes effect at the end of your current billing cycle
• No refunds for unused portions of monthly subscriptions
• You can export your data before cancellation

Our right to terminate:

We may suspend or terminate your account immediately if you:

• Violate these terms of service
• Use the service for illegal activities
• Fail to pay subscription fees or overage charges
• Abuse our AI system or attempt to compromise security
• Provide false information or misrepresent your business

Effect of termination:

Upon termination, you lose access to the service, your phone number may be reclaimed, and your data will be deleted according to our retention schedule outlined in our Privacy Policy.

12. Limitation of liability

To the maximum extent permitted by Australian law:

• Our total liability for any claim is limited to the amount you paid for the service in the 12 months before the claim
• We are not liable for indirect, consequential, or special damages
• We do not guarantee the AI will handle every situation correctly
• You are responsible for having backup plans for critical business calls
• We are not liable for third-party service failures (phone carriers, internet providers, etc.)

Australian Consumer Law:

Nothing in these terms excludes or limits rights under the Australian Consumer Law that cannot be excluded or limited. Where we are liable under consumer guarantees, our liability is limited to re-supplying the service or paying the cost of re-supply.

13. Indemnification

You agree to indemnify and hold Kaylo harmless from any claims, damages, or expenses arising from:

• Your use of the service in violation of these terms
• Your business activities or customer interactions
• Inaccurate information you provide about your business
• Your violation of applicable laws or regulations
• Claims by your customers or callers related to your use of our service

14. Governing law

These terms are governed by the laws of Queensland, Australia. Any legal proceedings must be brought in the courts of Queensland, and you consent to the jurisdiction of these courts.

15. Dispute resolution

If you have a dispute with Kaylo, we encourage you to first contact us directly at hello@kaylo.com.au. We'll work in good faith to resolve the issue.

For consumer disputes, you may also contact:

• Australian Competition and Consumer Commission (ACCC)
• Your state or territory consumer protection agency
• The Telecommunications Industry Ombudsman (for phone service issues)

16. Changes to terms

We may update these terms to reflect changes in our service or legal requirements. Significant changes will be communicated by:

• Email notification to all customers
• Prominent notice on our website
• In-app notification in your dashboard

Continued use of our service after changes take effect constitutes acceptance of the new terms. If you don't agree with changes, you may cancel your subscription.

17. Contact information

For questions about these terms or our service: