1. Introduction
These Terms & Conditions (“Terms”) govern your access to and use of the RoshanAI360 website, software, and AI voice services (collectively, the “Services”).
By accessing our website or subscribing to our Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
If you do not agree to these Terms, you must not use our Services.
2. Definitions
- “Client” or “You”: The business or individual purchasing the Services.
- “Services”: The AI voice reception, call handling, automation, and booking tools provided by RoshanAI360.
- “Callers”: Third-party individuals (customers) who call the Client’s phone lines and interact with the AI.
- “Usage Fees”: Variable costs associated with telephony (e.g., per-minute fees) and AI processing.
3. Services Provided
RoshanAI360 provides an AI-powered voice receptionist service. You acknowledge that:
- Technology Only: We provide the software infrastructure. We are not a staffing agency, a call center, or a human employee.
- Third-Party Dependence: Our Services rely on third-party providers (e.g., Telephony carriers, OpenAI, Vapi, Twilio). We are not liable for outages or failures caused by these third-party providers.
4. Account Registration & Security
To use the Services, you must register for an account. You agree to:
- Provide accurate, current, and complete business information.
- Keep your login credentials secure.
- Notify us immediately of any unauthorized use of your account.
- Be responsible for all activity that occurs under your account, including usage fees incurred.
5. Fees, Billing & Telephony Usage
- Subscription Fees: Paid in advance (monthly or annually) for access to the platform.
- Usage Fees: Unless on an “Unlimited” plan, telephony minutes and AI processing time are billed in arrears or deducted from a prepaid credit balance.
- Non-Payment: Failure to pay invoices within 7 days may result in immediate suspension of services.
- No Refunds: RoshanAI360 does not offer refunds for partial months of service or unused credits upon cancellation, except where required by Australian Consumer Law.
6. Acknowledgment of AI Nature (The “Hallucination” Clause)
This is a critical term of service.
You acknowledge that the Services utilize Artificial Intelligence and Large Language Models (LLMs).
- Accuracy Not Guaranteed: AI systems may occasionally produce incorrect information (“hallucinations”), misunderstand accents, or fail to book appointments correctly.
- Client Oversight: It is the Client’s sole responsibility to verify call logs, transcripts, and booking details.
- Liability Waiver: RoshanAI360 is not liable for lost revenue, missed appointments, incorrect quotes given by the AI, or customer dissatisfaction arising from AI interactions.
7. Client Responsibilities & Legal Compliance
You are solely responsible for ensuring your use of the Service complies with all applicable laws, specifically:
a) Call Recording & Consent
You are responsible for compliance with the Telecommunications (Interception and Access) Act 1979 and relevant State/Territory surveillance devices acts.
- Mandatory Disclosure: You agree to configure the Service to notify Callers that they are being recorded (e.g., “This call is recorded for quality purposes”).
- Consent: You must not use the Service to record individuals without their knowledge or implied consent.
b) Do Not Call Register
You generally must not use the Service for outbound marketing calls to numbers on the Do Not Call Register, unless you have express consent.
8. Fair Use Policy
To ensure the stability of our network, RoshanAI360 reserves the right to throttle or suspend accounts that exhibit:
- Abnormal call volumes inconsistent with typical business use.
- Use of the Service for auto-dialing, spamming, or “robocalling.”
- Reselling the Service to third parties without a white-label agreement.
9. Intellectual Property
- Our IP: RoshanAI360 retains all rights to the underlying software, AI prompts, voice configurations, and website content.
- Your Data: You retain ownership of your customer data, call recordings, and business information. You grant us a license to process this data solely to provide the Services.
10. Confidentiality
Both parties agree to keep proprietary information (pricing, trade secrets, customer lists) confidential and not disclose it to third parties, except as required by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless RoshanAI360, its directors, and suppliers from any claims, damages, liabilities, and expenses (including legal fees) arising from:
- Your violation of these Terms.
- Your violation of any law (specifically telecommunications and privacy laws).
- Claims brought by your Callers regarding the content of calls or the fact that they were recorded.
12. Limitation of Liability
To the maximum extent permitted by applicable law (including the Australian Consumer Law):
- Indirect Damages: RoshanAI360 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data.
- Liability Cap: Our total liability for any claim arising out of these Terms shall not exceed the amount paid by you to RoshanAI360 in the three (3) months preceding the event giving rise to the claim.
13. Termination
- By You: You may cancel your subscription at any time via your dashboard. Service will continue until the end of the current billing cycle.
- By Us: We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
14. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
15. Changes to Terms
We reserve the right to modify these terms at any time. We will notify you of significant changes via email or dashboard notification. Continued use of the Service after changes constitutes acceptance.
16. Contact Information
Email: contact@roshanai360.com
Website: roshanai360.com
