Website and Service Terms

FuseCall is designed for business customers. You represent that you are using FuseCall for business purposes and that you have authority to bind the business you represent.

If you do not agree to these Terms, do not use FuseCall.

A customer order, proposal, statement of work, data-processing addendum, security schedule or other written agreement signed or accepted by both parties may include additional terms.

If there is an inconsistency, the following order applies unless the relevant document states otherwise:

1. the signed or accepted order or statement of work;
2. any data-processing addendum or security schedule;
3. these Terms;
4. website content or product documentation.

In these Terms:

• "ACL" means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• "Account" means the customer's FuseCall account.
• "Call Data" means call audio, recordings, transcripts, summaries, metadata, workflow outcomes, extracted information and related records processed through FuseCall.
• "Customer", "you" and "your" mean the business or organisation using FuseCall.
• "Customer Data" means data, content, prompts, instructions, scripts, knowledge-base materials, Call Data, integration data and other information submitted to or processed through FuseCall by or for the Customer.
• "End Caller" means a person who calls, is called by, messages, or otherwise interacts with a Customer through FuseCall.
• "Fees" means subscription fees, setup fees, usage fees, overage fees, professional-services fees and other amounts payable for FuseCall.
• "FuseCall", "we", "us" and "our" mean FuseCall and FuseLabs, as operator of FuseCall.
• "Order" means an accepted order form, proposal, statement of work, checkout, invoice, plan or other written ordering document.
• "Services" means the FuseCall website, AI phone-agent platform, call-handling tools, transcription, summarisation, workflow automation, integrations, implementation, support and related services.
• "Usage Credits" means any plan inclusions, call minutes, AI usage, telephony usage, workflow actions, message units or other usage allowance described in an Order.

FuseCall is an AI phone-agent platform for service businesses. Depending on your plan and configuration, the Services may include:

• AI phone-agent setup and configuration;
• inbound or outbound call workflows;
• speech recognition, voice generation and call handling;
• call recording, transcription and summarisation;
• lead capture, appointment, booking or service-request workflows;
• routing, tagging, task creation and workflow outcomes;
• integrations with customer systems;
• dashboards, analytics and usage reporting;
• onboarding, implementation and support; and
• customer-specific data residency or sovereign deployment options, where agreed in scope.

FuseCall is not an emergency service, crisis line, medical triage service, legal advice service, financial advice service or substitute for trained human judgement.

You are responsible for:

• ensuring your account information is accurate and kept up to date;
• controlling who has access to your Account;
• keeping passwords, credentials, API keys and integration tokens secure;
• all activity under your Account, except to the extent caused by our breach of these Terms;
• promptly removing access for people who no longer require it;
• notifying us if you suspect unauthorised access; and
• ensuring your authorised users comply with these Terms.

We may provide different user roles, permissions or access controls depending on your plan.

Each Order should describe the relevant plan, scope, Fees, usage inclusions, implementation services, billing period, data-residency commitments, support arrangements and any special terms.

You are responsible for providing timely information, access, phone-system details, business rules, scripts, prompts, knowledge-base materials and integration permissions needed to configure FuseCall.

Implementation timelines may depend on your responsiveness, third-party systems, phone-provider constraints, integration availability and the complexity of your workflows.

Unless an Order states otherwise:

• Fees are in Australian dollars;
• Fees are exclusive of GST;
• GST will be added where applicable;
• invoices are payable by the due date stated on the invoice or Order;
• if no due date is stated, invoices are payable within 14 days of issue;
• setup, onboarding and professional-services fees are payable whether or not you proceed to full production use, unless the Order states otherwise; and
• usage and overage charges are calculated using our system records.

If you dispute an invoice in good faith, you must notify us promptly and pay any undisputed amount by the due date. The parties will work in good faith to resolve the disputed amount.

Online card payments through Stripe are planned but are not live at the date of these Terms. If online payments are introduced, we may use Stripe or another payment processor, and additional payment terms may apply.

Your plan may include Usage Credits or other usage allowances. Usage Credits:

• are not cash, currency, stored value or a financial product;
• are not refundable, transferable or redeemable for cash;
• may be consumed by call minutes, AI usage, telephony, messaging, workflow actions, transcription, storage or other usage meters described in the Order;
• may expire at the end of the relevant billing period unless the Order states otherwise;
• may not roll over unless the Order states otherwise; and
• may be subject to fair-use, technical or abuse-prevention limits.

If you exceed included usage, we may charge overage fees, require you to purchase additional usage, throttle the relevant feature or suspend additional usage until payment or a plan change is agreed. We will take reasonable steps to notify you before material overage charges apply where practical.

We may change plan pricing or usage rates by giving reasonable notice. Unless the change is required by law, relates to a third-party pass-through cost, or is otherwise agreed in your Order, material pricing changes will apply from your next renewal or billing period after the notice period.

If you do not agree to a material price increase, you may cancel the affected Service before the increase takes effect. You remain responsible for Fees incurred before cancellation.

You must use FuseCall lawfully, responsibly and only for your legitimate business purposes.

You must not use FuseCall to:

• break any law or encourage unlawful conduct;
• mislead, deceive, harass, threaten, abuse or intimidate anyone;
• impersonate another person or make an AI voice agent falsely appear to be a specific human;
• run scams, phishing, fraud, spam or deceptive campaigns;
• make calls or send messages in breach of the Spam Act, Do Not Call Register rules, telemarketing rules, caller-ID rules or similar laws;
• record, transcribe or monitor calls without legally required notice, consent or authority;
• collect or process sensitive information unless you have a lawful basis and it is within the agreed scope;
• collect, record or store payment-card CVV/CVC codes, online banking passwords or other sensitive authentication data;
• process tax file numbers, government identifiers, health information, children's information or other regulated data unless it is lawful, necessary and expressly within the agreed scope;
• provide emergency, medical, legal, financial, migration, insurance or other regulated advice without appropriate human oversight and licences;
• make decisions that have legal, financial, employment, health, safety or similarly significant effects on people without appropriate human review;
• upload malware or harmful code;
• attempt to bypass security, rate limits or access controls;
• reverse engineer, scrape, copy or misuse the platform except as permitted by law;
• interfere with the integrity, availability or security of FuseCall; or
• use FuseCall in a way that may damage our reputation, systems, customers, suppliers or other users.

We may investigate suspected misuse and may suspend or restrict access where reasonably necessary to protect people, customers, our systems, third-party systems or legal compliance.

FuseCall can record, transcribe, summarise and analyse calls. Australian call-recording and surveillance laws differ between states and territories, and other laws may apply depending on where callers, staff and systems are located.

You are responsible for:

• determining which laws apply to your calls;
• providing clear call-recording, transcription, AI-agent and privacy notices where required;
• obtaining consent where required;
• keeping evidence of consent where appropriate;
• giving callers a practical alternative if they do not wish to be recorded, where required or appropriate;
• ensuring staff understand when and how FuseCall is used;
• ensuring your scripts, greetings and workflows are accurate and lawful; and
• maintaining your own privacy policy, collection notices and internal procedures.

We may provide sample disclosure language or product settings, but we do not provide legal advice and do not determine whether your call recording or monitoring is lawful.

A safer national approach is to clearly tell callers when calls may be handled by AI, recorded, transcribed or summarised, and to obtain consent where required before continuing.

If you use FuseCall for outbound calls, lead follow-up, reminders, marketing, SMS, email or other communications, you are responsible for complying with all applicable laws and industry rules, including any consent, caller identification, calling-time, unsubscribe, Do Not Call Register and record-keeping obligations.

You must not use FuseCall to contact people who have opted out, withdrawn consent, asked not to be contacted, or are on a list you are legally required to suppress.

You are responsible for ensuring that you have all rights, notices, consents and lawful bases needed for FuseCall to process Customer Data.

You must ensure that your privacy policy and collection notices explain, where required, that calls may be handled by an AI phone agent, recorded, transcribed, summarised, analysed, stored, disclosed to service providers and used to create workflow outcomes.

If an End Caller or other individual makes a privacy request or complaint to you that relates to FuseCall, you are responsible for responding to that person. We will provide reasonable assistance where required by law or agreed terms.

Our handling of personal information is described in our Privacy Policy.

FuseCall uses AI systems. AI outputs can be inaccurate, incomplete, delayed, inconsistent or inappropriate. Transcripts and summaries may contain errors. Callers may provide unclear, incomplete or false information.

You are responsible for:

• reviewing AI outputs before relying on them where appropriate;
• maintaining human oversight for important workflows;
• checking bookings, tasks, leads, summaries and extracted data;
• ensuring scripts, prompts and knowledge-base materials are accurate and current;
• training staff on appropriate use of FuseCall; and
• deciding when a call should be escalated to a human.

We do not guarantee any particular number of leads, bookings, conversions, answered calls, cost savings or business outcomes.

As between you and us, you own Customer Data. We do not claim ownership of your call recordings, transcripts, summaries, workflow outcomes, prompts, scripts or knowledge-base materials.

You grant us a non-exclusive, worldwide licence to host, copy, process, transmit, display, modify and use Customer Data as reasonably necessary to:

• provide, support, secure and improve the Services;
• configure and operate your phone agents and workflows;
• troubleshoot issues;
• prevent misuse and security incidents;
• comply with law;
• enforce these Terms; and
• perform obligations under your Order.

We may create and use aggregated or de-identified data for analytics, benchmarking, product improvement, security, reliability and reporting, provided it does not reasonably identify you, your users, End Callers or any individual.

We and our licensors own all rights in FuseCall, including the software, platform, user interface, workflows, templates, documentation, know-how, base prompts, product designs, models, systems, analytics, improvements and related technology.

Except for the access rights expressly granted to you, nothing in these Terms transfers our intellectual property to you.

You must not copy, modify, adapt, resell, sublicence, reverse engineer or create derivative works from FuseCall except as permitted by law or agreed in writing.

If you give us feedback, suggestions or ideas, we may use them without restriction or payment to you. We will not use your Confidential Information in public materials without your permission.

FuseCall may depend on third-party services, including hosting providers, telephony providers, carriers, AI voice providers, LLM providers, transcription providers, SMS or email providers, CRMs, calendars, booking tools, analytics tools and security tools.

Third-party services may have their own terms, privacy notices, service limits, outages, rate limits and data-handling practices. We are not responsible for third-party services that you choose, connect or configure, except to the extent required by law or expressly stated in your Order.

Some features may be unavailable, limited or priced differently if a third-party provider changes its service, pricing, region availability, API, legal terms or security requirements.

We take reasonable steps to protect Customer Data and personal information. Security measures may vary by plan, deployment and integration.

You are responsible for your own devices, networks, users, permissions, passwords, API keys, phone systems, connected systems and account practices.

Our public security overview is available on our Security page. Any customer-specific security commitments must be stated in an Order, data-processing addendum or security schedule.

Each party may receive Confidential Information from the other. Confidential Information means information that is marked confidential or that a reasonable person would understand to be confidential, including business, technical, financial, security, product and customer information.

The receiving party must:

• use Confidential Information only for the purposes of these Terms;
• protect it using reasonable care; and
• not disclose it except to personnel, advisers, contractors or providers who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that is public, already known without breach, independently developed, or lawfully received from a third party.

A party may disclose Confidential Information if required by law, court, regulator or stock-exchange rule, provided it gives reasonable notice where lawful and practical.

We will use reasonable efforts to provide the Services with due care and skill.

Unless an Order includes a specific service level agreement, we do not promise uninterrupted or error-free availability. The Services may be affected by maintenance, updates, third-party systems, carrier issues, internet issues, AI-provider availability, customer configuration, misuse or events outside our reasonable control.

We may update, change or improve the Services from time to time. We will take reasonable steps to avoid materially reducing core paid functionality during a committed subscription term, unless required for security, legal compliance, third-party changes or to prevent harm.

We may offer beta, trial, pilot or preview features. These features may be incomplete, experimental, unsupported, changed or withdrawn. They should not be used for critical workflows unless we agree otherwise in writing.

Any beta or preview feature is still subject to these Terms and any non-excludable rights you have under law.

We may suspend or restrict access to all or part of the Services if we reasonably believe:

• you have materially breached these Terms;
• an invoice is overdue and remains unpaid after notice;
• your use creates a security, legal, operational or reputational risk;
• your use may harm End Callers, third parties, other customers, suppliers or our systems;
• your account has been compromised;
• we are required to do so by law, regulator, court order or third-party provider; or
• suspension is necessary to prevent misuse or an incident.

Where practical and lawful, we will give notice and a reasonable opportunity to fix the issue before suspension. We may suspend immediately where needed to prevent harm, unlawful conduct, a security incident or material third-party impact.

The term of your subscription or project is set out in your Order.

If your Order is month-to-month, either party may cancel at the end of the current billing period by giving notice before the next billing period starts.

If your Order is annual or for another fixed term, it continues for that term unless terminated earlier under these Terms or the Order.

Either party may terminate an Order if the other party materially breaches these Terms and does not remedy the breach within 14 days after written notice, or within a shorter period if the breach cannot reasonably be remedied and urgent action is required.

We may terminate or suspend immediately if your use is unlawful, creates serious risk, infringes third-party rights, involves fraud or misuse, or would expose us or our providers to material legal or security risk.

On termination or expiry:

• your right to use the Services ends;
• you must pay all Fees incurred up to the effective termination date;
• we may issue a final invoice for unpaid usage, overages or services already provided;
• each party must return, delete or protect Confidential Information as required by these Terms and law;
• Customer Data will be retained, exported, deleted or de-identified in accordance with the Order, product settings, our Privacy Policy and applicable law; and
• terms that by their nature should continue will continue, including payment obligations, confidentiality, intellectual property, data, liability, indemnities, disputes and governing law.

If we terminate a paid subscription for convenience before the end of a prepaid term, we will provide a pro-rata refund of unused prepaid subscription fees for the terminated period, excluding setup fees, professional-services fees and usage already incurred.

Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the ACL.

To the extent permitted by law, where any guarantee, condition or warranty is implied by law and cannot be excluded, our liability is limited, at our option, to supplying the Services again or paying the cost of having the Services supplied again.

Subject to section 26 and to the extent permitted by law, each party's total aggregate liability arising out of or in connection with the Services, an Order or these Terms is limited to the Fees paid or payable by you for the affected Services in the 12 months before the event giving rise to the claim.

If you have not paid any Fees, our total aggregate liability is limited to AUD $100.

The liability cap does not limit:

• your obligation to pay Fees;
• either party's liability for fraud, wilful misconduct or intentional unlawful conduct;
• either party's liability that cannot be limited by law;
• your misuse of the Services;
• your breach of the acceptable-use, call-recording, telemarketing, privacy or Customer Data obligations;
• either party's infringement or misuse of the other party's intellectual property; or
• either party's confidentiality obligations.

Subject to section 26 and to the extent permitted by law, neither party is liable for indirect, consequential, special or punitive loss, loss of profit, loss of revenue, loss of goodwill, loss of anticipated savings, loss of opportunity, business interruption, or loss or corruption of data.

This exclusion does not apply to the extent the loss cannot be excluded by law.

You indemnify us, our personnel and our providers against claims, losses, damages, costs and expenses, including reasonable legal costs, arising from or in connection with:

• Customer Data;
• your scripts, prompts, instructions, knowledge-base content or workflows;
• your breach of these Terms;
• your unlawful or unauthorised use of the Services;
• your failure to provide required notices or obtain required consents;
• your breach of privacy, call-recording, surveillance, telemarketing, spam, Do Not Call or consumer laws;
• claims by End Callers arising from your business, products, services or workflows; or
• your connected systems, integrations or third-party services,

except to the extent the claim is caused by our breach of these Terms, negligence or wilful misconduct.

If a third party claims that the FuseCall platform, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights, we may, at our option:

• modify the Services so they are non-infringing;
• obtain rights for you to continue using the affected Services;
• replace the affected functionality with materially similar functionality; or
• terminate the affected Services and refund unused prepaid subscription Fees for the terminated portion.

We are not responsible for infringement claims arising from Customer Data, customer instructions, customer integrations, third-party services, unauthorised modifications, misuse, or use of the Services outside the agreed scope.

We will not use your name or logo in public marketing materials without your consent. You may not use our name, logo or branding in public materials without our consent, except to identify us as your service provider in ordinary business records.

We may send notices to the email address associated with your Account or Order. You must send notices to hello@fusecall.com.au.

You are responsible for keeping your account and billing email addresses current.

We may update these Terms from time to time by publishing the updated version on fusecall.ai.

For existing paid customers, material changes will usually apply from the next renewal or billing period after notice, unless the change is required by law, relates to security, addresses misuse, or is otherwise permitted by your Order.

Your continued use of the Services after the effective date of updated Terms means you accept the updated Terms.

Before starting court proceedings, a party must give the other party written notice of the dispute and the parties must try to resolve it in good faith for at least 20 business days.

This does not prevent either party from seeking urgent injunctive relief, taking action to protect intellectual property or confidential information, or recovering undisputed unpaid amounts.

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts entitled to hear appeals from them.

Neither party is liable for delay or failure caused by events outside its reasonable control.

You may not assign your rights or obligations without our prior written consent, not to be unreasonably withheld. We may assign or transfer our rights and obligations to a related entity, successor, acquirer or purchaser of substantially all of our relevant business or assets, provided we give notice and the transfer does not materially reduce your rights during the current term.

We may subcontract parts of the Services, but we remain responsible for our obligations under these Terms.

If any part of these Terms is invalid or unenforceable, it will be read down or severed to the extent necessary, and the rest will continue.

A failure to enforce a right is not a waiver.

These Terms, together with the relevant Order and any documents incorporated by reference, form the entire agreement between the parties about the Services.

FuseCall is operated by FuseLabs from the Gold Coast, Queensland, Australia.

Email: hello@fusecall.com.au

Website: fusecall.ai