Terms and Conditions

By accessing agentchirp.ai ("Website") or engaging the services of Chirp AI Pty Ltd (ABN 37 684 210 188) ("Chirp", "we", "us", "our"), you agree to these Terms and Conditions. If you do not agree, do not use the Website or our services. These Terms apply alongside any signed proposal, statement of work, or order form ("Service Agreement"). Where a Service Agreement conflicts with these Terms, the Service Agreement prevails.

• Build & Implementation Fee — the one-off fee payable for designing, building, configuring, testing, and deploying your agent, as set out in your Service Agreement.
• Subscription Fee — the recurring monthly fee for operating, hosting, monitoring, and tuning your agent.
• Go-Live Date — the date your agent first handles live customer conversations in production.
• Agent — the voice and/or chat service Chirp builds and operates for you.

Your Build & Implementation Fee is protected by our 60-Day Satisfaction Guarantee. At the end of the 60-day period from your Go-Live Date, if you do not want to continue because you do not feel the Agent has delivered value for your business, you may cancel and claim a full refund of the Build & Implementation Fee you paid. You do not need to prove that the Agent generated a minimum dollar amount of bookings, leads, or jobs.

What the guarantee covers.The guarantee applies to your initial Build & Implementation Fee. Subscription Fees for months in which the Agent was live and operating are not refundable under this guarantee, because they cover services already delivered.

How to claim. Email your written claim to hello@agentchirp.ai within 14 days after the end of the 60-day period and tell us that you do not wish to continue. We may ask for enough information to identify your account and original payment. Approved refunds are paid to the original payment method within 30 days of approval.

Conditions. The guarantee assumes we were given a reasonable opportunity to deliver and operate the Agent as agreed. It does not apply where: the Agent was disabled, paused, or had calls or chats diverted away from it for a material part of the period; agreed access, phone number porting, integrations, or content approvals were not provided; the scope was materially changed at your request; or fees remain unpaid. The guarantee applies once per customer, to your initial engagement.

This guarantee is a contractual promise in addition to, and does not limit, your rights under the Australian Consumer Law.

You must be at least 18 years old, or the age of majority in your jurisdiction, and where you engage us on behalf of a business you warrant that you are authorised to bind that business. You agree to comply with applicable Australian laws when using the Website and our services.

Chirp designs, builds, and operates voice and chat agents that answer calls and enquiries, answer questions, qualify leads, and book appointments on your behalf. The Website provides information about those services, pricing, and demonstration features. We may modify or discontinue aspects of the Website or non-contracted features where permitted by law.

Fees are as set out in your Service Agreement. Subscription Fees are billed monthly in advance unless agreed otherwise. Unless stated, prices are in Australian dollars and exclusive of GST, which is added where applicable.

Usage above your plan's included conversation volume is charged at the overage rate in your Service Agreement. We may adjust recurring fees on 30 days' written notice; if you do not accept an increase you may cancel before it takes effect. Invoices are payable within 14 days, and we may suspend services for accounts materially in arrears after notice to you.

Subscriptions run month to month after any initial pilot period stated in your Service Agreement. Either party may cancel with 30 days' written notice, effective at the end of the then-current billing month. Fees already paid for delivered services are not refundable except under the 60-day guarantee above or where required by law. We may suspend or terminate services immediately for unlawful use, non-payment after notice, or conduct that risks the integrity of our platform or a telecommunications provider's network.

• Provide accurate business information, and the access, approvals, and content we need to build and operate your Agent.
• Ensure information you supply for your Agent to convey to callers — pricing, availability, service areas, terms — is accurate and lawful.
• Hold the licences, registrations, and insurances required for the services your Agent books on your behalf.
• Use the services only for lawful purposes, and not for unsolicited marketing that breaches the Spam Act 2003 (Cth) or the Do Not Call Register Act 2006 (Cth).
• Keep account credentials secure and tell us promptly of any unauthorised use.

Calls and chats handled by your Agent may be recorded and transcribed to deliver the service, maintain records, and improve performance. Recording and monitoring laws differ between Australian states and territories. You are responsible for ensuring appropriate notice and consent are given to callers for your use case; we will configure your Agent to give the disclosures you specify. Personal information is handled in line with our Privacy Policy.

Our services are not a substitute for emergency services and cannot be used to contact 000 or any emergency service. Do not rely on your Agent, or any demonstration feature, for life-safety or emergency communications.

The Website offers demonstrations, including live calls with sample agents and a missed-call calculator. Demonstrations are illustrative only. Calculator outputs are estimates based on the figures you enter and stated assumptions; they are not a forecast, quote, or guarantee of results. Do not submit confidential information through a demonstration.

The Website, our platform, prompts, configurations, models, and materials are owned or licensed by Chirp and protected by intellectual property laws. You receive a limited, revocable, non-exclusive licence to access the Website and to use your Agent for your own business purposes for the term of your Service Agreement.

You retain ownership of your business content, recordings of your customer conversations, and your customer data. You grant us the licence needed to host and process that material to deliver and support the services.

Our services rely on third parties including telephony carriers, model and speech providers, and integration platforms. Links and integrations are provided for convenience, and their use may be subject to their own terms. We are not responsible for third-party content, outages, or practices outside our control.

We aim for high availability but do not warrant uninterrupted or error-free operation. Maintenance, carrier faults, and third-party outages can affect the services. Where we have agreed a service level in your Service Agreement, that document governs.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where we are permitted to limit our liability for a breach of a statutory guarantee, our liability is limited to resupplying the services or paying the cost of resupply. Subject to that, and to the extent permitted by law, the Website and services are provided "as is" without additional warranties.

To the extent permitted by law, neither party is liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, goodwill, data, or anticipated savings. Subject to the paragraph above, our total aggregate liability arising from the services is limited to the fees you paid us in the 12 months before the event giving rise to the claim. Nothing in this clause limits either party's liability for fraud, personal injury, or death caused by its negligence.

You agree to indemnify us against claims, losses, and reasonable costs arising from your breach of these Terms, your unlawful use of the services, the accuracy or legality of content you ask your Agent to convey, or your failure to obtain required consents for call recording or outbound contact — except to the extent caused by our own breach or negligence.

Each party will keep the other's non-public information confidential, use it only to perform or receive the services, and protect it with reasonable care. This does not apply to information that is public through no breach, independently developed, or required to be disclosed by law.

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including carrier or network failure, natural disaster, industrial action, or government action. Payment obligations already incurred are not excused.

If a dispute arises, raise it with us in writing first and we will attempt to resolve it in good faith within 30 days. If it remains unresolved, either party may pursue mediation in Melbourne, Victoria, or commence proceedings. Nothing prevents either party from seeking urgent injunctive relief.

We may revise these Terms by posting an updated version on the Website with a new effective date. Where changes are material and affect an active engagement, we will give you reasonable notice. Continued use of the Website or services after the effective date constitutes acceptance.

You may not assign these Terms without our written consent. We may assign them to a related body corporate or in connection with a sale of our business. If any provision is found unenforceable, it is severed and the remaining provisions continue in force.

These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and any courts hearing appeals from them.

Chirp AI Pty Ltd (ABN 37 684 210 188), Melbourne, Australia. Questions about these Terms or a guarantee claim: hello@agentchirp.ai.