CFive AI - Terms and Conditions

Effective Date: October 1, 2024

  1. Acceptance of Terms
    By using CFive AI’s software, platform, or services ("Services"), you acknowledge and accept these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Services.
  2. Nature of the Services
    CFive AI provides software tools that enable inbound and outbound telephone calls. CFive AI acts solely as a software provider and has no direct role in the execution of communications. We do not originate calls on your behalf, control the content of calls, or function as a call center. You retain full control and responsibility for all calls and messages made using the Services.
  3. User Responsibilities
    • Compliance with Laws: You must comply with all applicable laws, regulations, and industry guidelines related to calling, messaging, consumer protection, privacy, and data protection. This includes, but is not limited to, the Spam Act 2003, the Do Not Call Register Act 2006, the Privacy Act 1988, and relevant telemarketing regulations in Australia. It is crucial to verify and document compliance to avoid any legal issues.
    • Consent and Content: You must obtain the necessary consents before contacting individuals and ensure that scripts, call content, and related materials are accurate, lawful, and not misleading.
    • Equipment and Accounts: You are responsible for maintaining your devices, accounts, and any required third-party licenses or software needed to use the Services.
  4. No Guarantees
    CFive AI does not guarantee any particular outcome, including call volume, lead generation, revenue increase, compliance success, or any other result. All outcomes depend on factors beyond our control, including the user’s own activities and external conditions.
  5. Limitation of Liability
    To the fullest extent permitted by law, CFive AI shall not be liable for any claims, losses, damages, or liabilities arising out of or related to your use of the Services. This includes direct or indirect damages, lost profits, or any consequential damages. You assume all risks and liabilities associated with your use of the Services.
  6. Intellectual Property
    CFive AI retains all rights to its software, technology, and brand. You retain rights to your content but grant CFive AI a limited license to use it as necessary to provide the Services.
  7. Pricing and Payment
    Pricing, billing terms, and payment methods may be detailed separately (e.g., in an order form or invoice). Continued use of the Services after receiving notice of pricing changes constitutes acceptance of those changes.
  8. Modifications to Terms
    CFive AI may update these Terms at any time. Changes will be posted on our website or communicated to you directly. Your continued use of the Services after such changes indicates your acceptance of the updated Terms.
  9. Governing Law and Disputes
    These Terms are governed by the laws of Victoria, Australia. Any disputes shall be resolved exclusively in the courts of Victoria, and you consent to their jurisdiction.
  10. Severability
    If any provision of these Terms is found unenforceable, the remaining provisions will remain valid and enforceable.
  11. Termination or Suspension
    CFive AI may suspend or terminate your access to the Services at any time if you violate these Terms, applicable laws, or engage in conduct that, in our sole discretion, is harmful to CFive AI, other users, or third parties.
  12. Third-Party Services & Integrations
    Our Services may integrate with or rely on third-party providers. CFive AI is not responsible for the performance, reliability, or content of any third-party services. Your use of such services may be subject to their own terms and conditions, and you agree to comply with any applicable third-party requirements.
  13. No Agency or Partnership
    Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and CFive AI. Both parties are independent contractors, and neither may bind the other in any manner.
  14. Survival of Key Provisions
    All provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, confidentiality, and governing law shall survive the termination or expiration of these Terms.
  15. Entire Agreement
    These Terms, together with any additional written agreements or policies, constitute the entire agreement between you and CFive AI regarding the Services and supersede all prior understandings.