TERMS OF SERVICE - MIRICALL AI

Last Updated: September 17, 2025
Version: 1.0

1. Agreement & Definitions

This Terms of Service Agreement ("Agreement") is entered into between Miricall AI ("we," "us," "our," "Company"), a business operating in Melbourne, Victoria, Australia, and you ("you," "your," "User"), who accesses or subscribes to the Miricall AI service ("Service").

By accessing, using, or subscribing to our Service, you acknowledge you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Eligibility & Account Registration

You must be at least 18 years old and have the legal capacity to enter binding contracts.

You must provide accurate, current, and complete registration information.

You are solely responsible for maintaining the confidentiality of your account credentials.

One account per user; accounts cannot be shared, sold, or transferred without our written consent.

We reserve the right to refuse service, suspend, or terminate accounts for violations or inaccurate information.

3. Service Description

Miricall AI provides AI-powered receptionist and workflow automation services including:

Automated phone call answering and routing

Call recording, transcription, and analytics

Lead management and nurturing (warm leads only)

Custom workflow automation

User dashboard and administrative tools

Two service tiers: Basic and Tailored Prompts

4. AI Disclosure & Transparency

All interactions with our Service involve artificial intelligence systems.

Our AI clearly identifies itself when communicating with callers.

Users may request human escalation where commercially reasonable.

You acknowledge AI systems may produce inaccurate or unexpected outputs.

You retain full responsibility for reviewing, approving, and monitoring all AI-generated communications and actions.

5. User Responsibilities & Prohibited Uses

You agree to:

Use the Service in compliance with all applicable laws, regulations, and industry standards

Comply with Australian Privacy Act 1988, Spam Act 2003, and Do Not Call Register requirements

Program and monitor AI responses appropriately for your business needs

Maintain adequate security measures for your account and data

Prohibited uses include:

Cold calling or unsolicited marketing communications

Illegal, fraudulent, harmful, or deceptive activities

Attempts to hack, disrupt, or reverse-engineer the Service

Use by minors under 18 or individuals without legal capacity

Sharing account credentials or circumventing usage limitations

6. Data Collection, Processing & Export Rights

Data We Collect:

Personal information: names, phone numbers, email addresses

Call recordings, transcriptions, and metadata

Account and billing information

Technical data: IP addresses, device information, usage statistics

Data Processing:

We process data to provide, maintain, and improve our Service

Data may be stored and processed outside Australia (see Section 7)

You retain ownership of your data but grant us a limited license for service provision

Your Rights:

Access, correct, or request deletion of your personal information

Export your data upon request or account termination

Object to processing where permitted by law

Data is retained for 30 days (call recordings) or as required by law

7. International Data Transfer & Subprocessors

Cross-Border Transfers:
We use trusted third-party providers that may store or process data outside Australia:

ElevenLabs (voice AI processing) - United States

GHL (telephony services) - United States/Global

Stripe (payment processing) - United States/Global

By using our Service, you consent to these international transfers. We require all subprocessors to implement appropriate safeguards and comply with Australian privacy laws.

Subprocessor Updates:
We maintain a current list of subprocessors and will notify users of material changes. Contact [email protected] to request notifications or raise legitimate objections.

8. Subscription Terms & Auto-Renewal

Billing:

Subscriptions are billed monthly in advance

Setup fees (where applicable) are one-time charges

All fees are in Australian Dollars (AUD) and exclusive of applicable taxes

Auto-Renewal:

Subscriptions automatically renew unless cancelled

Renewal notifications sent at least 3 business days before billing

Cancel anytime via your account dashboard or by contacting support

Price Changes:

We may modify pricing with 30 days' written notice

Changes apply to subsequent billing cycles

Continue using the Service after notice constitutes acceptance

9. Service Levels & Availability

Service Level Agreement:

Target uptime: 99.5% (excluding scheduled maintenance)

Planned maintenance notifications provided in advance where possible

Service credits available for extended outages exceeding 24 consecutive hours

Limitations:

No guarantee of uninterrupted or error-free service

Maintenance windows may affect availability

Third-party service dependencies may impact performance

10. Intellectual Property

Our IP:

All Service content, features, and technology remain our property

You receive a limited, non-exclusive license to use the Service as intended

No right to reverse engineer, modify, or create derivative works

Your Content:

You retain ownership of data and content you provide

You grant us a limited license to process your content for service delivery

You warrant you have all necessary rights to content you provide

11. Disclaimers & Limitations of Liability

Service Disclaimer:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Liability Limitations:

Our total liability is limited to fees paid in the 12 months preceding the claim

We are not liable for indirect, incidental, special, consequential, or punitive damages

These limitations apply to the fullest extent permitted by law

Australian Consumer Law rights cannot be excluded where applicable

12. Indemnification

You agree to indemnify and hold harmless Miricall AI from claims, damages, losses, and expenses (including legal fees) arising from:

Your breach of these Terms

Your violation of laws or third-party rights

Your use or misuse of the Service

Content you provide or AI outputs you approve

13. Termination

Termination by You:

Cancel anytime through your account or by contacting support

Account access continues through the current billing period

Data deletion per our retention policy

Termination by Us:

Immediate termination for material breach or prohibited use

30 days' notice for termination without cause

Suspension pending investigation of suspected violations

Post-Termination:

Payment obligations survive for services already provided

Data retention per our Privacy Policy

Sections relating to liability, indemnification, and dispute resolution survive

14. Dispute Resolution

Process:

Negotiation: First attempt informal resolution by contacting [email protected]

Mediation: If unresolved within 30 days, attempt mediation through a mutually agreed mediator

Arbitration: Final disputes resolved through binding arbitration in Melbourne, Victoria under Commercial Arbitration Act 2011 (Victoria)

Class Action Waiver:
All disputes must be brought individually. You waive rights to participate in class actions or representative proceedings.

15. Updates to Terms

We may modify these Terms with reasonable notice

Material changes will be communicated via email and/or website notice

Continued use after changes constitutes acceptance

Version history available upon request

16. General Provisions

Governing Law: These Terms are governed by Victorian and Commonwealth Australian law.

Severability: Invalid provisions are severed; remaining terms stay in effect.

Assignment: You may not assign these Terms; we may assign with notice.

Force Majeure: Neither party liable for delays due to circumstances beyond reasonable control.

Entire Agreement: These Terms constitute the complete agreement between parties.

Contact Information:
Email: [email protected]

Phone: 0470 328304
Address: Miricall AI, Melton West, Melbourne, Victoria, 3337, Australia