Terms & Conditions

1. About these Terms

These Terms & Conditions ("Terms") govern your access to and use of the Avermind platform, including the website, dashboard, APIs, and AI voice assistant services (collectively, the "Service").

Avermind is operated by Mattijs Spierings, trading as Avermind (ABN: 63 990 397 854) ("we", "us", "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you use the Service on behalf of a business, you represent that you have authority to bind that entity to these Terms.

3. Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately at support@avermind.ai if you suspect any unauthorised use of your account.

4. Free Trial

New accounts receive a 7-day free trial. During the trial you may test the Service with limited functionality (webRTC test calls only). No payment details are required for the trial.

At the end of the trial, you may upgrade to a paid plan. If you do not upgrade, your access to paid features will be suspended, but your account and data will be retained for a reasonable period.

5. Pricing & Billing

When you upgrade from the free trial, the following charges apply:

• Base fee: $10.00 AUD per voice agent (phone number) per month, charged on the day you upgrade and then monthly on the anniversary of your sign-up date.
• Usage fees: Billed at the end of each billing period based on your assistant type:
  • Customer Support: $2.50 AUD per resolved issue; $1.00 AUD per support ticket created
  • Restaurant Order Taking: $2.50 AUD per order successfully taken
  • AI Booking Assistant: $2.50 AUD per booking successfully completed

All prices are in Australian Dollars (AUD) and are inclusive of GST where applicable. We reserve the right to change pricing with at least 30 days' written notice.

Payments are processed securely via Square. By providing payment details, you authorise us to charge the applicable fees to your nominated payment method.

6. The Service

Avermind provides an AI-powered voice assistant that answers phone calls on behalf of your business. The Service includes:

• AI voice call handling linked to your business phone number
• Automatic creation of support tickets and issue summaries
• A dashboard to manage settings, view call history, and track issues

We strive to provide a reliable service but do not guarantee 100% uptime or that the AI will handle every call perfectly. The Service is provided on an "as is" and "as available" basis.

Third-party dependencies: The Service relies on third-party providers for core functionality, including AI processing, telephony, and payment services. Outages, degraded performance, or changes to these third-party services may temporarily affect the availability or quality of the Service. We are not responsible for interruptions caused by third-party providers, but we will make reasonable efforts to resolve issues promptly and communicate any known disruptions.

Service credits: We do not provide automatic refunds or credits for service interruptions. However, in the event of significant or prolonged outages, we may, at our sole discretion, offer service credits to affected accounts.

7. Your Responsibilities

You agree to:

• Use the Service only for lawful purposes and in accordance with these Terms.
• Ensure that your use of the Service complies with all applicable laws, including any obligation to inform callers that they may be interacting with an AI or that calls may be recorded.
• Not use the Service to make or facilitate nuisance, harassing, or fraudulent calls.
• Not attempt to reverse-engineer, decompile, or otherwise access the source code of the Service.
• Not resell or redistribute access to the Service without our written consent.

8. Knowledge Base & AI Behaviour

The Service allows you to provide custom content, instructions, and information through a knowledge base that shapes how the AI assistant responds to callers on your behalf. You are solely responsible for the accuracy, legality, and appropriateness of the content you add to your knowledge base.

We do not review, verify, or endorse any knowledge base content provided by users. The AI assistant's behaviour during calls is directly influenced by the content you supply, and we accept no liability for:

• Incorrect, misleading, or incomplete information provided to callers as a result of your knowledge base content.
• Any loss, damage, or claim arising from the AI assistant's responses that are based on content you have provided.
• Breaches of any law or regulation caused by instructions or information you include in your knowledge base.

You agree to ensure that your knowledge base content does not contain anything unlawful, defamatory, discriminatory, or otherwise harmful. You indemnify us against any claims, losses, or damages arising from the content you provide through the Service.

9. Data, Privacy & Call Recordings

We collect and process personal information in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles.

Phone calls handled by the Service may be recorded and transcribed to provide the Service (e.g., creating tickets and summaries). You are responsible for informing your callers about any recording or AI interaction where required by law.

When the Service creates support tickets on your behalf, personal information provided by your callers (such as name, email, phone number, and issue details) is collected and stored solely to facilitate your customer support operations. In this context, Avermind acts as a data processor — we handle this information on your behalf and according to your instructions. You remain the data controller and are responsible for how you use, store, and manage your callers' personal information in accordance with your own privacy obligations.

Payment information: All payment and credit card information is processed and stored by our payment provider, Square. We do not store, process, or have access to your full card details at any time.

Data security: Personal information such as names, email addresses, phone numbers, and call transcripts is stored on secure cloud infrastructure with encryption in transit (TLS) and at rest. Access to data is restricted to authorised personnel and systems required to operate the Service. While we take reasonable steps to protect your data, no system is completely secure, and we cannot guarantee absolute security.

Data retention: We retain your data for as long as your account is active and for a reasonable period after cancellation to comply with legal obligations and resolve disputes. You may request deletion of your data by contacting us at support@avermind.ai.

We will not sell your data or your callers' data to third parties. Data may be shared with third-party service providers (e.g., telephony, AI processing) solely to operate the Service.

For more detail, please refer to our Privacy Policy (if and when published separately).

10. Intellectual Property

All rights, title, and interest in the Service (including software, branding, and content) remain with Avermind. These Terms do not grant you any ownership rights in the Service.

Any data, content, or configurations you upload or create through the Service ("Your Content") remain yours. You grant us a limited licence to use Your Content solely to provide and improve the Service.

11. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability to you for any claim arising out of or in connection with the Service is limited to the fees you have paid us in the 3 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• We are not liable for any actions taken or statements made by the AI assistant during calls, including incorrect information provided to your callers.

Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited by agreement.

12. Termination

You may cancel your account at any time from the dashboard or by contacting us at support@avermind.ai. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.

We may suspend or terminate your account if you breach these Terms, fail to pay fees when due, or if we reasonably believe your use of the Service poses a risk to us or other users. We will endeavour to provide reasonable notice where possible.

13. Communications

We will only send you emails that are necessary to operate your account. These include:

• Account-related notifications (e.g., password resets, email verification)
• Billing and payment confirmations
• Service notifications (e.g., ticket confirmations sent to your callers)
• Important updates about the Service or changes to these Terms

We will not send you marketing or promotional emails without your explicit consent. If we introduce optional marketing communications in the future, you will be able to opt in or out at any time.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of the State of New South Wales, Australia. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

16. Contact Us

If you have any questions about these Terms, please contact us:

Email: support@avermind.ai