Terms Of Service

Effective Date: 1st July 2024

1. Introduction

Welcome to Optiphone Innovations (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your use of our digital receptionist software and services (collectively, the “Services”).

2. Acceptance of Terms

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other agreements or policies referenced herein.

3. Services Provided

Optiphone Innovations provides digital receptionist software that manages incoming calls, records conversations, and collects caller information such as names, email addresses, and addresses.

4. User Responsibilities

Eligibility: You must be at least 18 years old to use our Services.

Account Information: You agree to provide accurate and complete information when creating an account and to keep your account information up-to-date.

Compliance: You agree to use the Services in compliance with all applicable laws and regulations.

5. Consent to Recording

By using our Services, you consent to the recording of your client calls on your behalf. If you do not consent to this, please notify us immediately, and we will provide alternative communication methods.

6. Privacy and Data Protection

Our Privacy Policy explains how we collect, use, store, and protect your personal information. By using our Services, you consent to our data practices as outlined in our Privacy Policy.

7. License and Intellectual Property

License: We grant you a limited, non-exclusive, non-transferable license to use our software in accordance with these Terms.

Intellectual Property: All intellectual property rights in the Services, including software, content, and trademarks, are owned by Optiphone Innovations or our licensors.

8. Prohibited Uses

You agree not to use the Services for any unlawful purpose or in a manner that violates these Terms. Prohibited uses include, but are not limited to:

Harassing or threatening others.

Impersonating another person or entity.

Collecting personal data of others without consent.

Interfering with the operation of the Services.

9. Payment and Fees

Fees: You agree to pay all fees associated with your use of the Services as described on our website or in our contract sent to you upon engagement.

Billing: Fees are billed in advance on a [monthly/annual] basis. You authorize us to charge your payment method for the fees due.

10. Termination

By You: You may terminate your account at any time by contacting us at [email protected].

By Us: We reserve the right to suspend or terminate your access to the Services at our sole discretion, with or without notice, for any reason, including violation of these Terms.

11. Limitation of Liability

To the maximum extent permitted by law, Optiphone Innovations shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

12. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. While we strive to provide the best possible service, we do not make any specific promises or guarantees about the services, except as required by Australian Consumer Law. This includes any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, unless otherwise stated by law. Your statutory rights as a consumer under Australian Consumer Law are not excluded, limited, or modified in any way by this disclaimer.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles.

14. Dispute Resolution

Any disputes arising out of or related to these Terms or the use of the Services shall be resolved through binding arbitration in Gold Coast, Queensland, Australia.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

16. Contact Information

If you have any questions about these Terms, please contact us at the below email address.

Optiphone Innovations

16 Toorak Park Avenue

Email: [email protected]

17. Client-Provided Information and Limitation of Liability

Optiphone Innovations relies on the accuracy and completeness of the information provided by you, the client, for the proper functioning of our Services. We are not liable for any errors, omissions, or inaccuracies in the Services resulting from incorrect, incomplete, or misleading information provided by you. You are responsible for ensuring that all information supplied to us is accurate and up-to-date. Any issues arising from incorrect information will not constitute a breach of our obligations under these Terms.