Terms of Service

Agreement

These terms govern your use of CalPilot, a missed-call recovery and customer messaging service operated by PCPL (“we”, “us”, “our”). By creating an account or using the service, you agree to them. If you are agreeing on behalf of a business, you confirm you are authorised to do so.

If you do not agree with these terms, do not use the service.

The service

CalPilot answers calls your business does not pick up, sends a message back to the caller, holds a conversation with them to establish what the job is, and books the work into a calendar you connect. It also provides a dashboard for reviewing conversations, contacts, bookings and campaigns.

The service depends on third-party platforms — including telephony, messaging and calendar providers — and on an AI model for interpreting and drafting messages. We do not guarantee that any particular message will be delivered, that any conversation will be handled without error, or that the AI will interpret every enquiry correctly.

Your account

You are responsible for keeping your login credentials secure and for all activity under your account. Notify us promptly if you believe your account has been compromised.

You are responsible for the accuracy of the business information you configure, including your service area, business hours, pricing and any instructions given to the AI agent.

Messaging compliance — your obligations

CalPilot sends messages on your behalf. That makes you the sender in the eyes of the messaging platforms and of Australian law, so the obligations below are yours:

• You must have a lawful basis to contact the people who message you, and to reply to them. Do not use CalPilot to send unsolicited marketing.
• You must comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Privacy Act 1988 (Cth), and the rules of the messaging platforms you connect.
• You must honour opt-out requests. CalPilot records opt-outs automatically, but you remain responsible for ensuring you do not contact someone who has asked you to stop.
• You must not use the service to send unlawful, deceptive, harassing, or unsolicited bulk content, and you must not attempt to bypass the messaging platforms' policies — including the WhatsApp Business Messaging Policy and the 24-hour customer service window rules.
• You must hold the rights to any content, images or documents you upload.

Acceptable use

You must not:

• Use the service for any unlawful purpose, or in a way that infringes anyone else's rights.
• Attempt to access another customer's data, or probe, scan or breach the security of the service.
• Reverse engineer, resell, or white-label the service without our written agreement.
• Use the service to send content that is defamatory, discriminatory, or that promotes illegal goods or services.

Fees and payment

Fees are set out in your order or agreement with us, and are billed in advance. Unless stated otherwise, fees are exclusive of GST, which is added where applicable.

Usage-based charges — for example message or call volume — are billed in arrears. We will give you reasonable notice of any change to your fees.

If an invoice remains unpaid we may suspend the service after giving you notice.

Your data and privacy

You own the data you put into CalPilot, including your contacts, conversations and bookings. We process it on your instructions and as described in our Privacy Policy, which forms part of these terms.

Where CalPilot handles personal information about your customers, you are the controller of that information and we are your processor. You are responsible for having the right to share it with us.

We may use aggregated and de-identified information to operate, secure and improve the service.

Third-party services

The service connects to third-party platforms you authorise, such as Google Calendar, and to messaging and telephony providers. Your use of those platforms is governed by their own terms, and their availability, pricing and policies are outside our control. We are not responsible for a third party's decision to suspend, restrict or change its service.

Intellectual property

We own the CalPilot software, its design, and its documentation. You receive a non-exclusive, non-transferable right to use the service for your business for as long as your account is active. You may not copy, modify or distribute the software except as permitted by law.

Availability and support

We aim to keep the service available at all times, but we do not promise uninterrupted service. We may perform maintenance, and third-party outages may affect the service. We provide support by email during Australian business hours.

Limitation of liability

To the extent permitted by law, we are not liable for lost profits, lost revenue, lost opportunities, or any indirect or consequential loss. Our total liability to you is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

Nothing in these terms excludes any guarantee, warranty or right you have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability can be limited, we limit it to resupplying the service or paying the cost of having it resupplied.

Termination

You may cancel your account at any time. We may suspend or terminate your access if you breach these terms, if required by law, or if a messaging platform restricts your use of the service. On termination we will make your data available for export for a reasonable period, then delete it in line with our Privacy Policy.

Changes to these terms

We may update these terms from time to time. We will give you reasonable notice of material changes, and continued use of the service after they take effect means you accept them.

Governing law

These terms are governed by the laws of Victoria, Australia, and the courts of that state have non-exclusive jurisdiction over any dispute.

Contact

Questions about these terms can be sent to info@calpilot.com.