Terms of Service
Effective Date: 18 September 2025
Website: https://aithentic.cc/home
Company: Aithentic (130 Womboin Rd, Lambton, NSW, Australia)
Contact: [email protected]
1) Acceptance of Terms
By accessing or using Aithentic’s services, you agree to these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business. If you do not agree, do not use the Services.
2) Our Services
Aithentic provides business AI tools and services, including AI-powered voice receptionists, AI chatbots, and SMS messaging (collectively, the “Services”). We may improve, update, or modify features from time to time, including by launching beta features.
3) Eligibility (Businesses Only)
The Services are offered to businesses only. You must have the authority to contract on behalf of a business. The Services are not for personal/consumer use or for individuals under the age of majority in their jurisdiction.
4) Accounts & Administration
You are responsible for account information, user permissions, and maintaining the confidentiality of credentials and API keys. You will promptly notify us of any unauthorized access or security incident involving your account.
5) Customer Content & AI Outputs
Customer Content. You (or your licensors) retain ownership of all data, prompts, files, messages, phone numbers, contact lists, and other content you or your users provide (“Customer Content”).
License to Aithentic. You grant Aithentic a worldwide, non-exclusive license to host, process, transmit, display, and create derivative works as necessary to provide and secure the Services, comply with law, and enforce these Terms.
AI Outputs. To the extent permitted by law and any applicable third-party model provider terms, you own the AI outputs generated for you. You are responsible for reviewing outputs and for how you use them.
Use for Improvement. We may use Customer Content and usage data to improve the Services and AI models, including through human review for quality/safety, subject to our Privacy Policy and applicable law. If you require an opt-out or stricter controls, contact us and/or execute a DPA with tailored restrictions.
6) Acceptable Use (Your Responsibilities)
You must use the Services lawfully and ensure your users do the same. You agree not to:
Violate any law or third-party rights (privacy, IP, publicity, export, telecom, spam).
Upload or generate unlawful, harmful, discriminatory, defamatory, sexually explicit, or malicious content; deploy malware or attempt to bypass security.
Infringe or misappropriate IP; attempt model extraction, scraping of our systems, reverse engineering, or benchmark publication contrary to documentation.
Use the Services in high-risk or regulated contexts where errors could cause harm (e.g., medical diagnosis, legal or financial advice, emergency services) without qualified human oversight.
For SMS/Messaging: you must obtain and maintain all required consents from recipients, include legally required sender identification and opt-out (e.g., “STOP”), honor opt-out requests, and comply with applicable anti-spam/telecom laws and carrier policies. You are solely responsible for message content, recipient lists, and compliance.
We may suspend or throttle the Services if needed to address security risks, abuse, legal concerns, non-payment, or excessive/abnormal usage.
7) Third-Party Services & Carriers
The Services may rely on third parties (e.g., model providers, hosting, telecom carriers). Your use may be subject to their terms. We are not responsible for outages, delays, filtering, blocking, or fees imposed by carriers, app stores, or other third parties.
8) Fees, Billing & Trials
Plans & One-Time Fees. Services may be billed by subscription and/or one-time fees, plus applicable taxes and pass-through charges (e.g., carrier/SMS usage).
Trials. Free trials may convert to paid plans unless you cancel before the trial ends.
Invoicing & Payment. Fees are typically billed in advance (subscriptions) or at purchase (one-time). Usage-based/overage fees (e.g., SMS) are billed in arrears. You authorize us to charge your payment method for all due amounts.
No Refunds. All fees are non-refundable except where required by law.
Late/Failed Payments. Late amounts may incur interest or result in suspension. You remain responsible for fees during suspension periods.
Price Changes. We may change pricing on renewal with notice.
9) Intellectual Property (Platform)
We (and our licensors) own all rights in the Services, software, models, prompts, system instructions, documentation, UI, and brand (“Aithentic Materials”). No rights are granted except as expressly stated. You may not copy, modify, or create derivative works of the Aithentic Materials.
10) Confidentiality
Each party may access the other’s non-public information. The receiving party will use such information only to perform under these Terms and protect it using reasonable measures. Exclusions include information that is public, independently developed, or lawfully obtained from another source.
11) Privacy
Our Privacy Policy explains how we collect and use personal information, including for AI improvement and messaging activities. By using the Services, you consent to those practices.
12) Service Changes; Beta Features
We may modify, discontinue, or impose limits on features. Beta or preview features are provided as-is, may be unstable, and may be withdrawn at any time.
13) Warranties; Disclaimer (AI Specific)
Your Warranties. You warrant that you have all rights and consents to use Customer Content with the Services and to contact message recipients.
AI Disclaimer. AI outputs may be inaccurate, incomplete, non-unique, or inappropriate. You must review outputs and apply human judgment before relying on them.
General Disclaimer. To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of merchantability, fitness for a particular purpose, or non-infringement. Nothing excludes any non-excludable statutory rights.
14) Limitation of Liability
To the maximum extent permitted by law:
Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, or data.
Each party’s aggregate liability arising out of or related to the Services is limited to the fees paid or payable to Aithentic in the 12 months preceding the event giving rise to liability.
These limits do not apply to willful misconduct, death or personal injury caused by negligence, or liability that cannot be limited under applicable law.
15) Indemnification
You will defend and indemnify Aithentic from third-party claims, damages, and costs (including reasonable legal fees) arising from: (a) your Customer Content; (b) your use of the Services in violation of these Terms or law; or (c) messaging/telecom compliance failures (including consent and opt-out handling).
16) Suspension & Termination
By You. You may terminate/cancel at any time via the account portal or by written notice. Cancellation takes effect at the end of the then-current billing period (no refunds).
By Us. We may suspend or terminate at any time for any reason, including for breach, legal risk, platform abuse, non-payment, or risk to the Services or others.
Post-Termination. We may delete your data after termination, subject to legal retention requirements. On request within 30 days, we will make reasonable efforts to enable export of your Customer Content (fees may apply).
17) Governing Law; Venue; Disputes
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of New South Wales. Before filing suit, the parties will first attempt good-faith resolution via email to [email protected] within 30 days.
18) International Use
You are responsible for compliance with local laws. We make no representation that the Services are appropriate or available in all jurisdictions.
19) Changes to Terms
We may update these Terms from time to time. Material changes will be notified by posting an updated version with a new effective date, and (where required) additional notice. Continued use after changes means you accept the updated Terms.
20) General
Entire Agreement. These Terms (and any order form/DPA/Privacy Policy) are the entire agreement and supersede prior understandings.
Order of Precedence. Conflicts between an order form and these Terms are resolved in favor of the order form, then these Terms.
Assignment. You may not assign without our consent; we may assign to an affiliate or in connection with a merger/asset transfer.
Severability & Waiver. If a provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
Notices. We may notify you via the Services, email, or your account address.