Terms of Service
Last updated: 8 December 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Sam the Virtual Receptionist ("Sam", "we", "us", or "our") governing your access to and use of our AI-powered virtual receptionist service.
By creating an account or using our service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our service.
2. Eligibility
To use our service, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding contract
- Be a registered business operating in Australia (ABN required)
- Not be prohibited from using the service under Australian law
3. Service Description
Sam provides an AI-powered virtual receptionist service that answers phone calls on behalf of your business. Our service includes:
- 24/7 automated call answering
- Call transcription and summaries
- SMS notifications for missed calls and messages
- Calendar integration for appointment booking
- Customisable AI responses based on your business information
We reserve the right to modify, suspend, or discontinue any aspect of the service at any time with reasonable notice.
4. Account Registration
You must provide accurate and complete information when creating an account. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorised access
- Keeping your account information up to date
5. Fees and Payment
Our service is provided on a subscription basis. By subscribing, you agree to:
- Pay all applicable fees as displayed at the time of purchase
- Provide valid payment information
- Authorise recurring charges for subscription renewals
All prices are in Australian Dollars (AUD) and include GST where applicable. We may change our pricing with 30 days' notice. Refunds are provided in accordance with Australian Consumer Law.
6. Acceptable Use
You agree not to use our service to:
- Violate any applicable laws or regulations
- Engage in fraudulent, deceptive, or misleading practices
- Harass, abuse, or harm others
- Transmit spam, malware, or other harmful content
- Interfere with or disrupt the service or servers
- Attempt to gain unauthorised access to any systems
- Use the service for any illegal or prohibited activities
- Impersonate any person or entity
7. AI Limitations and Disclaimer
Our service uses artificial intelligence to handle calls. You acknowledge and agree that:
- AI responses may not always be accurate or appropriate
- The AI cannot handle all types of calls or situations
- Critical or emergency calls should not rely solely on our service
- You are responsible for reviewing call summaries and following up as needed
- We do not guarantee any specific business outcomes
8. Intellectual Property
All intellectual property rights in the service, including software, algorithms, designs, and content, belong to us or our licensors. You are granted a limited, non-exclusive, non-transferable licence to use the service for your business purposes only.
You retain ownership of your business information and content. By using our service, you grant us a licence to use this content to provide and improve the service.
9. Privacy
Your use of the service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.
10. Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law:
- We are not liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability is limited to the fees you paid in the 12 months preceding the claim
- We are not liable for any loss of business, revenue, profits, or data
- We are not liable for any third-party actions or content
Nothing in these Terms excludes or limits any consumer guarantees under the Australian Consumer Law that cannot be excluded or limited.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your use of the service, violation of these Terms, or infringement of any third-party rights.
12. Termination
Either party may terminate this agreement at any time. You may cancel your subscription through your account dashboard. We may suspend or terminate your access if you violate these Terms.
Upon termination, your right to use the service ceases immediately. We will retain your data in accordance with our Privacy Policy and legal requirements.
13. Dispute Resolution
Any disputes arising from these Terms will be governed by the laws of New South Wales, Australia. The parties agree to first attempt to resolve disputes through good-faith negotiation. If unsuccessful, disputes will be resolved through mediation or, if necessary, the courts of New South Wales.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by email or through a notice on our website at least 30 days before they take effect. Your continued use of the service after changes are effective constitutes acceptance of the updated Terms.
15. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding the service.
- Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
- Waiver: Our failure to enforce any right does not constitute a waiver of that right.
- Assignment: You may not assign your rights under these Terms without our consent.
16. Contact Us
If you have questions about these Terms, please contact us:
Email: legal@trysam.com.au