These Terms of Service ("Terms") are a binding agreement between Haroon Mirza (ABN 93 736 861 941) trading as Zaynetiq ("Zaynetiq", "we", "us", "our") and the person or entity that creates an account for, subscribes to, or uses the Service ("Customer", "you", "your").
These Terms incorporate by reference: the Zaynetiq Privacy Policy; the Acceptable Use Policy; the AI Transparency and Disclosure Statement; the plan, pricing and inclusions selected by you at sign-up (the "Plan"); and any promotional or founding-client terms presented to you at sign-up, which prevail over these Terms to the extent of any inconsistency. Together these form the "Agreement".
By creating an account, clicking to accept, paying an invoice or subscription charge, or using the Service, you accept the Agreement. If you accept on behalf of a business or other entity, you warrant that you are authorised to bind that entity. The Service is offered to businesses and other organisations, and is not intended for personal, domestic or household use by individuals.
In the Agreement:
Headings are for convenience only; "including" means "including without limitation"; references to legislation include amendments and replacements; and a reference to a document includes that document as varied from time to time in accordance with the Agreement.
Anna is an AI-powered virtual receptionist that answers and handles enquiries for your business across the channels included in your Plan, which may include telephone, web chat, SMS, email and messaging platforms. Depending on your Plan and configuration, Anna may answer questions, capture caller details, qualify leads, book, cancel and reschedule appointments, transfer or escalate to your staff, send follow-up messages and reminders, create notes, and trigger integrations and workflow automations with third-party software you connect.
The Service relies on large language models and other AI technologies. AI Output is generated automatically and may occasionally be inaccurate, incomplete or otherwise imperfect, as described further in clause 9 and the AI Transparency and Disclosure Statement.
We may improve, modify or update the Service from time to time, including the AI models, features and Subprocessors used, provided the changes do not materially reduce the core functionality of your Plan during a billing period. If we make a change that materially reduces core functionality, you may cancel under clause 7 and receive a pro-rata refund of prepaid Fees for the unused period.
Features identified as beta, early access, pilot or founding-client features are provided for evaluation, may be modified or withdrawn at any time, and are provided without any service commitments beyond those required by law.
You must be at least 18 years of age and have capacity to enter into a binding contract. You must provide accurate, current and complete account information, including a valid ABN or business identifier where requested, and keep it up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly at contact@zaynetiq.com of any suspected unauthorised access.
You must: use the Service only for lawful business purposes and in accordance with the Acceptable Use Policy; ensure the information, scripts, FAQs and knowledge base content you provide to configure Anna are accurate, lawful and kept up to date; review AI Output that matters to your business, including bookings, quotes and commitments communicated to End Users, and correct errors promptly; and hold all licences, registrations and approvals required to operate your business and to receive the Service.
Your legal obligations to your End Users. Anna interacts with your End Users on your behalf, and you are responsible for your own legal obligations to them. In particular, you must: not disable or circumvent the AI disclosure announcement provided by the Service, and ensure End Users are informed that calls and messages are handled by an AI assistant, as required by applicable telecommunications and consumer protection laws; maintain your own privacy policy and collection notices covering the personal information Anna collects on your behalf; obtain any consents required under the Spam Act 2003 (Cth) before directing the Service to send marketing messages, ensure a functional unsubscribe facility is honoured, and comply with the Do Not Call Register Act 2006 (Cth) for any outbound telemarketing; and not use the Service to collect or handle sensitive information (such as health information) unless you have appropriate consents and lawful authority to do so.
You must not represent to End Users that Anna is a human where a disclosure has been configured, and you must not configure the Service in a way that is misleading or deceptive in breach of section 18 of the ACL.
Subscriptions. The Service is provided on a recurring monthly subscription for the Plan you select (for example, Casual, Part-Time or Full-Time), together with any setup or onboarding fee stated at sign-up. Each subscription automatically renews for successive monthly billing periods until cancelled in accordance with clause 7.
Usage and overages. Plans include the usage allowances described on the pricing page (for example, included call minutes or interactions). Usage beyond the included allowance is charged at the overage rates stated in your Plan, billed in arrears. We will make current usage visible to you and will notify you when you have used 60% and 90% of your included allowance.
Payment. Fees are payable in Australian dollars in advance for each billing period (other than usage charges billed in arrears) by the payment method you nominate. Payments are processed by our payment provider (currently Stripe); we do not store full card numbers.
GST. Zaynetiq is not currently registered for GST. Fees are therefore exclusive of GST and no GST is charged. If Zaynetiq becomes registered for GST in the future, GST will be added to Fees in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and we will provide a compliant tax invoice.
Fee changes. We may change the Fees or Plan inclusions by giving you at least 30 days' written notice. Changes take effect from your next billing period after the notice period. If you do not accept a change, you may cancel before it takes effect and it will not apply to you.
Failed payments and suspension. If a payment fails, we will notify you and retry. If Fees remain unpaid 10 days after the due date, we may suspend the Service until payment is made. Suspension does not relieve you of the obligation to pay Fees accrued to the date of suspension. We will not suspend the Service where the unpaid amount is genuinely disputed in good faith and you have notified us of the dispute.
Cancellation by you. You may cancel your subscription at any time via your account or by written notice to contact@zaynetiq.com. Cancellation takes effect at the end of the current monthly billing period. Except as required by law or expressly stated in the Agreement, Fees already paid are not refunded for the remainder of the billing period, and any accrued usage charges remain payable.
Termination by us for cause. We may suspend or terminate the Agreement with immediate effect by notice if you: materially breach the Agreement (including the Acceptable Use Policy) and, where the breach is capable of remedy, fail to remedy it within 14 days of notice; fail to pay Fees in accordance with clause 6; or become insolvent or cease to carry on business.
Termination by us for convenience. We may terminate the Agreement for convenience by giving you at least 30 days' written notice, in which case we will refund any prepaid Fees for the period after termination on a pro-rata basis.
Effect of termination. On expiry or termination: your right to use the Service ends; you may export your Customer Data through the means we make available for 30 days after termination; and we will delete or de-identify Customer Data in accordance with the Privacy Policy and our retention settings, subject to legal retention obligations. Clauses which by their nature should survive (including clauses 10 to 15 and accrued payment obligations) survive termination.
The ACL provides consumer guarantees that apply to services supplied to "consumers" as defined in the ACL, which can include business customers where the services cost $100,000 or less. Nothing in the Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or any other law that cannot lawfully be excluded, restricted or modified.
If the Service fails to meet a consumer guarantee: for a major failure, you are entitled to cancel and to a refund for the unused portion, or to compensation for its reduced value, and to compensation for reasonably foreseeable loss or damage as provided by the ACL; and for a failure that is not a major failure, we may choose to resupply or fix the Service within a reasonable time, failing which you may cancel and obtain a refund for the unused portion.
Beyond your ACL rights, we do not offer change-of-mind refunds; however, we may, at our discretion, provide pro-rata refunds or service credits to resolve a complaint fairly.
You acknowledge that: AI Output is generated by statistical models and may contain errors, omissions or fabrications ("hallucinations") notwithstanding the care we take in configuration and testing; Anna does not provide legal, medical, financial, or other professional advice, and AI Output must not be relied on as such; the Service is not an emergency service and must not be used, promoted or configured as a means of contacting or dispatching emergency services — End Users experiencing an emergency must call Triple Zero (000); and you remain responsible for verifying AI Output that is important to your business or your End Users before relying on it.
Bookings and commitments. Where Anna creates, changes or cancels appointments or records commitments, you are responsible for reviewing and confirming them in your connected calendar or CRM. We recommend enabling confirmation messages to End Users for all bookings.
We maintain human oversight of the Service at a systems level (configuration, monitoring, quality review) but do not review individual conversations in real time unless a feature of your Plan expressly provides for it.
Ownership. As between the parties, you own the Customer Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Customer Data as reasonably required to provide, secure, support and improve the Service and to comply with law.
Model training. We will not use the content of your conversations or Customer Data to train publicly available foundation models, and our agreements with AI model providers are selected so that data submitted through their APIs is not used to train their generally available models. De-identified and aggregated usage data may be used to operate and improve the Service.
Privacy. Each party must comply with its obligations under the Privacy Act 1988 (Cth) to the extent applicable to it. Our collection and handling of personal information is described in the Privacy Policy. Where we process personal information of your End Users, we do so on your behalf and instructions as necessary to provide the Service. A Data Processing Addendum is available on request for customers who require one.
Transcripts and records. Zaynetiq does not record call audio. Transcripts, summaries and notes of conversations Anna handles for you form part of the Customer Data, are retained for the period stated in your account settings or [INSERT RETENTION PERIOD], and are then deleted or de-identified.
The Service depends on third-party providers, which may include telephony and SMS carriers, cloud hosting, AI model providers, payment processors, and the calendar, CRM and workflow tools you choose to connect (for example, providers such as Twilio, Stripe, cloud hosting platforms, and AI providers such as Anthropic, OpenAI, Google or Microsoft, or equivalent services). We may change Subprocessors from time to time; a current list is available on request or on our website.
Your use of any third-party product you connect to the Service is governed by that third party's terms, and you authorise us to exchange Customer Data with those products as needed to provide the integrations you enable. We are not responsible for third-party products, or for outages, faults or acts of telecommunications carriers and other Subprocessors beyond our reasonable control, though we will use reasonable efforts to restore the Service and to hold Subprocessors to appropriate commitments.
We (and our licensors) own all intellectual property rights in the Service, including software, prompts, workflows, designs, documentation and the Zaynetiq and Anna branding. You receive only a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during the subscription.
You must not (and must not permit others to) copy, modify, reverse engineer, resell, sublicense or make the Service available to third parties, remove notices, or use the Service to build a competing product.
As between the parties, you own the AI Output generated for your business, subject to our ownership of the underlying Service and to third-party rights, and you are responsible for your use of it. Feedback you provide about the Service may be used by us without restriction or obligation.
Each party must keep the other's confidential information confidential, use it only for purposes of the Agreement, and protect it with reasonable care. This does not apply to information that is public through no fault of the recipient, independently developed, or required to be disclosed by law (with prompt notice where lawful).
We will implement and maintain reasonable technical and organisational measures appropriate to the nature of the Customer Data, as described in our security documentation, including encryption in transit, access controls and logging. No system is completely secure, and we do not guarantee that the Service will be free from vulnerabilities or unauthorised access.
We will notify you without undue delay if we become aware of a data breach affecting your Customer Data and will provide reasonable information and assistance, consistent with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth) where applicable.
We will use commercially reasonable efforts to make the Service available continuously, excluding planned maintenance (notified in advance where practicable), emergency maintenance, and outages caused by third-party providers, telecommunications networks, or events beyond our reasonable control.
Standard Plans do not include an uptime guarantee or service credits. Customers requiring committed service levels may enquire about an Enterprise agreement with a Service Level Agreement.
Nothing in this clause excludes or limits liability that cannot be excluded or limited by law, including under the ACL, or either party's liability for fraud or wilful misconduct. Where our liability for breach of a consumer guarantee can lawfully be limited under section 64A of the ACL (services not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
Subject to the above, and to the maximum extent permitted by law: neither party is liable to the other for loss of profits, revenue, goodwill, anticipated savings, business interruption, or indirect or consequential loss; and our total aggregate liability arising out of or in connection with the Agreement in any 12-month period is limited to the total Fees paid by you in that 12-month period.
You indemnify us against loss, damage, cost or expense (including reasonable legal costs) we suffer arising from third-party claims to the extent caused by: your breach of clause 5 (End User compliance obligations); Customer Data or configuration content you provide infringing a third party's rights or breaching law; or your unlawful use of the Service. Your liability under this indemnity is reduced to the extent we caused or contributed to the loss.
Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, power or telecommunications failures, carrier outages, epidemics, government action, or failures of third-party AI or cloud providers, provided the affected party takes reasonable steps to mitigate and resume performance.
Variation. We may vary these Terms by publishing an updated version and giving you at least 30 days' notice for changes that are materially adverse to you. If you do not accept a materially adverse change, you may cancel before it takes effect; continued use after the effective date constitutes acceptance.
Assignment. You may not assign the Agreement without our written consent (not to be unreasonably withheld). We may assign the Agreement to a related entity or in connection with a restructure or sale of the business, provided the assignee assumes our obligations.
Notices. Notices must be in writing and sent by email — to us at contact@zaynetiq.com, and to you at the email address on your account — and are taken to be received on transmission absent a bounce notification.
Relationship. The parties are independent contractors. Nothing in the Agreement creates a partnership, employment, agency or fiduciary relationship, except that you appoint us to communicate with End Users on your behalf strictly as configured by you.
Entire agreement; severability; waiver. The Agreement is the entire agreement between the parties about its subject matter. If a provision is void or unenforceable, it is severed to the minimum extent necessary and the remainder continues in force. A failure to enforce a right is not a waiver of it.
Governing law and jurisdiction. The Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state and the Commonwealth of Australia.
Questions, notices and complaints about the Service or these Terms: Zaynetiq, contact@zaynetiq.com, zaynetiq.com. Complaints are handled in accordance with our complaints process described on our website, and nothing prevents you from contacting the ACCC, your local fair trading body, or the Office of the Australian Information Commissioner.