# Terms of Service **Last Updated: 17 July 2025** Please read these Terms of Service ("Terms") carefully, as they constitute a legally binding agreement between Outbox Solutions Pty Ltd (ABN 34 668 304 658), trading as Outbox AI ("Outbox AI", "we", "us" or "our"), and you, the end-user together with any employees, agents, contractors or other entities on whose behalf the end-user accepts these Terms (collectively, "you" or "your"). These Terms govern your use of our website and Services (as defined below). If you are acting on behalf of another organisation (the "Client"), your acceptance of these Terms also binds that Client. By clicking "Accept", creating an account, or otherwise accessing the Services, you confirm that you have the authority to bind the Client (if applicable) and agree to be bound by these Terms. If you do not agree, do not access or use the Services. Except for limited circumstances, disputes will be resolved solely by arbitration on an individual basis (see Section 12). ## 1. Acceptance of these Terms You accept these Terms by opening an account or otherwise using the Services. You also agree to our Privacy Policy and any other policies expressly incorporated herein. These Terms remain in effect until terminated pursuant to Section 7. ## 2. Using the Services ### a. Right to Use and Licence Subject to compliance with these Terms and timely payment of fees, Outbox AI grants you a non-exclusive, non-transferable, non-sublicensable and revocable right to use the Services solely to deploy and manage AI voice or chat agents as described in our website. You receive a right to use - not ownership - of the Services. All rights not expressly granted are reserved by Outbox AI and our licensors. See Section 4 for Intellectual Property details. ### b. What We Provide The Services comprise a hosted software platform ("Platform") and associated web dashboard ("Dashboard") that orchestrate third-party modules (e.g., speech-to-text, large-language-model processing, text-to-speech, telephony) to enable realistic AI voice agents or AI chat agents. ### c. Third Parties Our Platform integrates with various third-party providers ("Providers"). Your Content (defined in Section 4) will be shared with Providers you select, subject to their individual terms. Outbox AI is not an agent for, nor does it warrant, any Provider's services. You may supply your own API keys; usage fees will then be charged directly by the relevant Provider. ### d. Use Restrictions You agree not to: - Sublicense, sell, lease or commercially exploit the Services except as expressly permitted; - Violate applicable law; - Create voice agents for unlawful purposes; - Misuse Outbox AI's trademarks or remove proprietary notices; - Reverse-engineer, decompile or otherwise attempt to derive source code; - Interfere with the security or performance of the Services or any Provider; - Impersonate another person or entity; - Generate datasets for training external models; - Handle Protected Health Information (PHI) or payment-card data without enabling the appropriate compliance settings (HIPAA / PCI). Outbox AI will determine, in its sole discretion, whether conduct violates these restrictions. ### e. Communications Consent and Telecommunications Compliance **Platform provider role.** Outbox AI is a technology platform and communications enablement provider only. We provide the software infrastructure that lets you configure and deploy AI agents to make calls and send SMS, email and other messages, but we do not originate, author, schedule or control the content, timing, frequency or recipients of any communication. All communications sent through the Platform are created and initiated solely by you (and the recipients you select). Any compliance-related features we make available are provided for your convenience only, do not constitute legal advice, and do not guarantee compliance with any law. **You are the sender.** For all legal and regulatory purposes, you (and not Outbox AI) are deemed the "caller", "sender", "advertiser", "telemarketer" and/or "seller" of every call, message and communication you transmit using the Platform, and you are solely responsible for its content and legality. **Consent.** **YOU ARE SOLELY RESPONSIBLE** for ensuring that you have obtained all necessary permissions, consents and authorisations from each individual recipient before initiating any call, message or communication through the Platform. You represent and warrant on an ongoing basis that: - You have obtained the level of prior consent required by applicable law (including, where required, prior express written consent) from every recipient, and you will not use the Platform to contact any person who has not provided the requisite consent; - You have verified that recipients are not listed on any Do Not Call (DNC) register, Do Not Contact list, or similar opt-out registry in any relevant jurisdiction; - You comply with all applicable telemarketing, anti-spam, privacy and consumer-protection laws and regulations, including but not limited to the Do Not Call Register Act 2006 (Cth), the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, the EU General Data Protection Regulation (GDPR) and Canada's Anti-Spam Legislation (CASL); - You maintain accurate and complete records of consent and of all opt-out and do-not-contact requests; and - You include any legally required sender identification and opt-out mechanism in your communications, and you promptly honour all opt-out, unsubscribe and do-not-contact requests. **Registration, licensing and carrier requirements.** You are responsible for determining whether you are required to register, be licensed, or post a bond under any applicable telemarketing, marketing or advertising law (including state-specific "mini-TCPA" laws), and for satisfying those obligations before sending communications. You are also responsible for completing and maintaining any carrier or telecommunications registrations required to send messages (for example A2P 10DLC registration), and for complying with all carrier rules and messaging policies. You must maintain this compliance throughout the term of these Terms. Outbox AI provides technology infrastructure only and does not verify recipient consent, DNC status, registration status or regulatory compliance on your behalf. You acknowledge and agree that Outbox AI has no responsibility or liability whatsoever for your compliance (or non-compliance) with consent requirements, DNC regulations, carrier rules, or any other applicable laws, or for the content of any communication you send. You shall indemnify, defend, and hold harmless Outbox AI from any and all claims, complaints, fines, penalties, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to (i) your failure to obtain required consents, (ii) contacting individuals on DNC lists or who have opted out, (iii) violations of telemarketing, anti-spam, privacy or carrier rules, (iv) the content of your communications, or (v) any complaint from a call or message recipient. This obligation survives termination of these Terms. ### f. Service Updates We may modify the Services (including adding or removing features) at any time. You may be required to accept software updates to continue using the Services. ### g. Fees Current usage-based fees are listed on https://getoutbox.ai/. We may revise fees or introduce new charges upon 30 days' notice (or at your next subscription renewal, whichever is later). Provider fees are separate. Unless expressly stated otherwise in writing, all fees are quoted and payable in United States dollars (USD) and are exclusive of GST, sales tax and any other applicable taxes, duties or levies, which you are responsible for paying. ### h. Free Trials From time to time we may offer a free or discounted trial of the Services for a limited period (a "Trial"). Trials are offered at our sole discretion, are limited to one per customer (including any related entities or accounts), and may be modified or withdrawn at any time. To start a Trial you may be required to provide a valid payment method. **Unless you cancel before the end of the trial period, your subscription will automatically convert to a paid plan and you authorise us to charge your payment method the then-applicable fees (including any usage incurred) without further notice.** The recurring charges will continue at the standard rate for your plan until you cancel in accordance with Section 7. It is your sole responsibility to cancel before the Trial ends if you do not wish to be charged. You acknowledge that we are under no obligation to remind you that a Trial is ending or that a charge is about to occur, and that fees charged on or after conversion are non-refundable, including where you forgot to cancel, did not use the Services, or were unaware of the renewal. You remain responsible for any usage-based charges accrued during the Trial. ### i. Payment Terms The Services operate on a prepaid model. Subscription fees are billed in advance for each billing cycle and give you access to the Platform. Usage of the Services (including calls, messages and other metered activity) is funded by a prepaid balance ("Wallet") that you top up in advance. You authorise us (and our payment processors) to charge your nominated payment method for subscription fees and any Wallet top-ups you request, and you must keep your payment details current and valid. Usage is drawn down against your Wallet balance in real time. If your Wallet balance reaches zero, the Services will stop processing further usage (for example, no further calls or messages will be sent) until you top up. You are responsible for maintaining a sufficient balance for your intended usage. Wallet balances are applied to fees for the Services and, except as required by law, are non-refundable. In limited cases we may, at our sole discretion, agree in writing to invoice a customer on credit or arrears terms (for example, Net 30) instead of the prepaid Wallet model. Where we do, payment is due in full within the stated number of days from the date of invoice (or, if no period is stated, within 14 days). Such terms are a concession granted on a case-by-case basis, do not set a precedent, and may be reduced, suspended or revoked at any time, including by reverting you to the prepaid Wallet model or requiring a valid card on file as a condition of continued access. All amounts are payable without set-off, deduction or withholding. If you dispute an invoice in good faith, you must notify us in writing within 7 days of the invoice date, identifying the specific amount and reason; the undisputed balance remains payable by the due date. ### j. Late Payment, Suspension and Collection If any amount is not paid by its due date, the following apply without limiting any other right or remedy available to us: - We may suspend, throttle or disable your access to the Services, in whole or in part, without liability and without relieving you of your obligation to pay; - All outstanding amounts owing by you may, at our election, become immediately due and payable; - You are liable for all reasonable costs of recovering overdue amounts, including debt collection agency fees, legal fees on a full indemnity basis, dishonour fees, and any chargeback or processing fees; and - We may withhold the provision of further Services and decline to release any data, reports or outputs until your account is paid in full. You may not avoid or reduce fees for Services already rendered on the basis that you stopped using, or did not realise the extent of your use of, the Services. This Section survives any termination or expiry of these Terms. ## 3. Creating an Account ### a. Registration You must provide accurate, current information when creating an account ("Account") and keep it up to date. You may delete your Account at any time as set out in Section 7. ### b. Eligibility You must be at least 18 years old (or the age of majority in your jurisdiction) and not barred from using the Services under applicable law. ### c. Credentials You are responsible for safeguarding your login credentials and for all activity under your Account. Notify us immediately of any unauthorised use. ## 4. Intellectual Property Rights, Ownership and Grants ### a. Your Content "All materials uploaded to, or transmitted through, the Platform" are "Your Content". You retain all rights in Your Content. ### b. Rights You Grant Us You grant Outbox AI a worldwide, royalty-free licence to host, process and deliver Your Content solely to provide and improve the Services. Retention and training options are governed by your configuration (e.g., hipaaEnabled). Feedback you choose to provide may be used by Outbox AI for any purpose without obligation. ### c. Outbox AI's Rights The Services and all associated intellectual property are owned by Outbox AI or its licensors. Except for the limited rights expressly granted, no licence or interest is transferred to you. ### d. Provider Rights Providers require rights to handle Your Content in order to supply their services. Review each Provider's terms; Outbox AI is not responsible for their compliance. ## 5. Aggregate Statistics We may compile anonymised, aggregated statistics about your usage to operate, improve and promote the Services. These statistics are wholly owned by Outbox AI. ## 6. Communications By using the Services, you consent to receive service-related communications (e.g., operational emails, feature updates). You may opt out of non-essential marketing emails at any time. ## 7. Term and Termination ### a. Term These Terms commence on the earlier of (i) your first Account creation or (ii) first use of the Services, and continue until terminated. ### b. Termination by Outbox AI We may suspend or terminate the Services immediately if you breach these Terms, if required by law, or if continued provision is impracticable. Pre-paid fees for unused periods will be refunded pro-rata. ### c. Termination by You You may cease using the Services and close your Account at any time by written notice to us. ### d. Effect of Termination Upon termination, your right to use the Services ceases and Your Content may be deleted. Sections that by their nature should survive (including Sections 4, 7 d, 9-16 and 19) shall remain in effect. ## 8. Changes to Terms We may amend these Terms by posting an updated version at the URL above and emailing registered users 30 days in advance of material changes. Continued use after that period constitutes acceptance. ## 9. Indemnity ### a. Your Obligations You shall indemnify and hold harmless Outbox AI, its directors, officers, employees and agents against any losses arising from (i) Your Content, (ii) your breach of these Terms or law, or (iii) your negligence or wilful misconduct. ### b. Outbox AI's Obligations We shall defend and indemnify you against third-party claims that the unmodified Services infringe intellectual property rights, subject to the limitations in this Section. ## 10. Disclaimer of Warranties The Services are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for purpose and non-infringement. ## 11. Limitation of Liability To the maximum extent permitted by law, neither party shall be liable for indirect or consequential losses. Outbox AI's total liability in any 12-month period shall not exceed the greater of (i) USD 150 and (ii) the fees you paid to us in that period. ## 12. Governing Law and Dispute Resolution ### a. Governing Law These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, without regard to conflict-of-law rules. ### b. Arbitration Except for claims seeking injunctive relief or concerning intellectual property, any dispute shall be resolved by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under its Rules, seated in Perth, Western Australia, and conducted in English. ### c. Informal Resolution Before commencing arbitration, the parties must confer in good faith to resolve the dispute within 30 days of written notice. ### d. Waiver of Jury Trial The parties waive any right to a jury trial. ### e. Class Action Waiver Disputes will be resolved only on an individual basis; class or representative proceedings are not permitted. ## 13. International Use You are responsible for compliance with local laws when accessing the Services from outside Australia. ## 14. Severability and Waiver If any provision is held unenforceable, it shall be severed and the remainder enforced. Failure to enforce any provision is not a waiver. ## 15. Export Control You must comply with all applicable export-control laws, including Australian sanctions regulations. You represent that you are not on any government list of prohibited parties. ## 16. Notice All notices must be in writing and sent to support@getoutbox.ai (for Outbox AI) or to the e-mail address associated with your Account (for you). Email is deemed received on the next business day if sent outside business hours. ## 17. Assignment You may not assign or transfer these Terms without our prior written consent. Outbox AI may assign its rights or obligations without restriction. ## 18. Force Majeure Outbox AI is not liable for failure to perform due to events beyond its reasonable control (e.g., natural disasters, acts of government, labour disputes). ## 19. Open-Source Software The Services incorporate open-source components licensed under permissive licences, including the Mozilla Public Licence 2.0. A list of such components and source-code links is available upon request. ## 20. Entire Agreement These Terms, together with any ordering document or policy explicitly incorporated, constitute the entire agreement between you and Outbox AI and supersede all prior understandings. ## 21. Contact Us Questions or feedback? E-mail us at support@getoutbox.ai or visit https://getoutbox.ai for more information.