Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Noema Consulting Pty Ltd (ACN 152 516 642) ("noema", "we", "us") governing your access to and use of the noema platform, including all associated services, APIs, dashboards, and voice infrastructure (collectively, the "Service").

By creating an account, clicking "I agree", or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. In that case, "you" and "your" refer to that entity.

If you do not agree to these Terms, do not access or use the Service.

To use noema, you must:

• —Be at least 18 years of age
• —Be using the Service for business or commercial purposes (noema is not a consumer product)
• —Have the legal capacity to enter into binding contracts in your jurisdiction
• —Not be prohibited from using the Service under applicable law

Account security: You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at [email protected] if you suspect unauthorised access to your account. You are liable for all activity conducted through your account.

Accurate information: You agree to provide accurate, current, and complete information when registering and to keep your account information up to date.

noema provides an AI-powered voice assistant platform that enables businesses to automatically handle inbound telephone calls. The Service includes:

• —Provisioning of a dedicated telephone number
• —AI-powered call handling using large language model technology
• —Automatic speech recognition (transcription) and text-to-speech synthesis
• —Storage and display of call recordings, transcripts, leads, and contacts in a web dashboard
• —Web form capture and lead management tools
• —Email and SMS notifications

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with reasonable notice where practicable. We will not be liable to you for any modification, suspension, or discontinuation.

You agree not to use the Service to:

• ✕Violate any applicable law or regulation, including Australian privacy and telecommunications laws
• ✕Engage in unsolicited commercial communications (spam) or automated outbound calling campaigns
• ✕Deceive callers in a manner that causes harm or constitutes fraud
• ✕Record or process calls without lawful authority or required consent
• ✕Harass, abuse, or threaten any person
• ✕Transmit any content that is defamatory, obscene, or unlawful
• ✕Attempt to gain unauthorised access to our systems or those of our service providers
• ✕Reverse engineer, decompile, or disassemble any part of the Service
• ✕Resell or sublicence the Service to third parties without our written consent
• ✕Use the Service in any way that could damage, disable, or impair our infrastructure

We reserve the right to investigate suspected violations and to suspend or terminate accounts found to be in breach of these obligations, without notice.

The noema platform uses AI language models to generate responses during telephone calls. You acknowledge and agree that:

The Service automatically records and transcribes telephone calls. Call recording is subject to legal requirements that vary by jurisdiction.

You are solely responsible for ensuring that your use of call recording complies with all applicable laws, including (without limitation):

• —The Telecommunications (Interception and Access) Act 1979 (Cth)
• —State and territory surveillance and listening device legislation
• —Any industry-specific recording obligations applicable to your business

The noema AI informs callers at the commencement of each call that they are speaking with an AI assistant. This notification assists in satisfying consent requirements in most Australian jurisdictions; however, we make no representation that this alone satisfies all recording obligations in every jurisdiction or industry.

You indemnify us against any loss, liability, or claim arising from your failure to comply with applicable call recording laws.

Ownership: You retain all ownership rights in the data you upload or generate through the Service, including call recordings, transcripts, contact records, and lead information ("Customer Data").

Licence to us: You grant us a limited, non-exclusive licence to process, store, and transmit Customer Data solely to operate and improve the Service. We will not use Customer Data for any other purpose without your consent.

Your responsibilities: You represent that you have all necessary rights and consents to provide Customer Data to us and to use it in connection with the Service. You are responsible for the accuracy and lawfulness of Customer Data.

Data export: You may export your Customer Data from the dashboard at any time while your account is active. On account termination, you should export your data before the account is closed. We are not obligated to retain Customer Data after the applicable retention periods described in our Privacy Policy.

The Service, including all software, designs, trademarks, logos, and content created by us, is owned by Noema Consulting Pty Ltd and protected by intellectual property laws. Nothing in these Terms grants you any rights in our intellectual property except the limited right to use the Service as described herein.

You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our express written permission.

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose.

To the maximum extent permitted by law, and subject to the Australian Consumer Law:

You agree to indemnify, defend, and hold harmless Noema Consulting Pty Ltd, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• —Your violation of these Terms
• —Your violation of any applicable law, including call recording and privacy laws
• —Your Customer Data, including any claim that it infringes the rights of a third party
• —Your misuse of the Service or the AI-generated content
• —Any claim by a caller arising from your configuration or use of the Service

By you: You may cancel your account at any time from your billing settings. Cancellation takes effect at the end of the current billing period.

By us: We may suspend or terminate your account immediately, without notice, if we reasonably believe you have breached these Terms, if you fail to pay fees when due, or if we are required to do so by law. We may also terminate your account with 30 days' notice at our discretion.

Effect of termination: On termination, your access to the Service will cease and your telephone number may be released. You should export any Customer Data before termination. Clauses that by their nature should survive termination (including intellectual property, indemnification, limitation of liability, and governing law) will continue to apply.

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