Terms and Conditions

1. About these Terms

These Terms and Conditions ("Terms") govern your access to and use of the AI receptionist services provided by Marvin Mind, a trading name of the Symondson Family Trust ("we", "us", "our").

By clicking "I agree", completing signup, or using the services, you agree to be bound by these Terms.

These services are provided for business use only. By using the services, you confirm that you are acting in a business capacity.

2. The Services

We provide an AI-powered receptionist service, which may include:

• Website webchat
• SMS messaging
• AI voice call handling
• Message capture, summaries, and routing
• Follow-ups and notifications

The service is designed to answer enquiries, capture information, and route messages based on your configuration.

Important clarification

• The service is not a human.
• The service acts only as a receptionist or message-taking assistant.
• The service does not provide legal, medical, financial, regulatory, or professional advice.
• You should not rely on the service as a substitute for qualified professionals or staff.

3. Configuration and Responsibility

You are responsible for:

• Providing accurate business details
• Configuring routing rules, contact numbers, escalation paths, and responses
• Reviewing summaries and follow-ups
• Monitoring usage and notifications

We are not responsible for:

• Missed calls or enquiries caused by incorrect configuration
• Messages sent to the wrong person due to incorrect routing details
• Business outcomes resulting from how you choose to use the service

4. AI Nature and Limitations

You acknowledge that:

• AI systems can make mistakes
• Summaries may be incomplete or inaccurate
• Messages may be misunderstood or misinterpreted
• Call handling is based on probabilistic models, not certainty

You agree to review outputs before acting on them in critical situations.

5. Data, Privacy, and Recordings

Data handling

• By default, we store summaries and structured metadata only.
• Call audio and full transcripts are not stored by default.
• Some customers may opt into additional storage features where available.

Recording and consent

Calls may be processed and temporarily recorded for transcription purposes.

You are responsible for:

• Informing callers they are interacting with an AI
• Obtaining any required consent for call recording under applicable law

Data retention

Upon termination, customer data will be deleted within three (3) months, unless retention is required by law.

Our handling of data is subject to our Privacy Policy.

6. Acceptable Use

You must not use the services to:

• Send spam or unsolicited messages
• Harass, abuse, or threaten others
• Engage in unlawful or misleading conduct
• Circumvent usage limits or safeguards
• Operate high-risk services without appropriate controls

We may suspend or terminate access if we reasonably believe the service is being misused.

7. Plans, Usage Limits, and Billing

Subscription

• Services are billed month-to-month.
• Subscriptions auto-renew unless cancelled.
• Fees are payable in advance.

Usage limits

Each plan includes defined usage limits. If limits are reached, we may:

• Throttle services
• Suspend services
• Apply overage charges (if enabled)

We will provide usage notifications where reasonably practicable.

No refunds

Fees are non-refundable once a billing period has commenced.

8. Suspension and Termination

We may suspend or terminate your account if:

• You breach these Terms
• Your usage is abusive or excessive
• Required payments are not made

You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

9. Intellectual Property

We retain all rights in:

• The platform
• The AI models and workflows
• Our software, prompts, and configurations

You retain ownership of your business data.

You grant us a limited right to process your data solely to provide and improve the services.

10. Marketing and Analytics

You grant us permission to:

• List your business name and logo as a customer (unless you opt out)
• Use anonymised and aggregated usage data to improve the service

We will not disclose identifiable customer data without consent, except as required by law.

11. Liability and Disclaimers

No warranties

The services are provided "as is" and "as available".

We do not guarantee:

• Continuous availability
• Error-free operation
• That all calls or messages will be handled as intended

Liability cap

To the maximum extent permitted by law:

• Our total liability is limited to the fees paid by you in the one (1) month preceding the claim.
• We exclude all indirect, consequential, incidental, or economic loss.

12. Indemnity

You agree to indemnify us against claims arising from:

• Your configuration choices
• Your use of the services
• Your failure to obtain required consents
• Your breach of these Terms

13. Governing Law

These Terms are governed by the laws of Western Australia, Australia, and the parties submit to the exclusive jurisdiction of its courts.

14. Survival

Clauses relating to:

• Payment
• Liability
• Confidentiality
• Intellectual property
• Indemnity

survive termination of these Terms.

15. Changes to These Terms

We may update these Terms from time to time. Continued use of the services after changes take effect constitutes acceptance.

16. Contact

For questions about these Terms, contact: