Zivah AI — Terms & Conditions of Trade

Version: 1.0 Effective date: 16 June 2026

These Terms & Conditions of Trade ("Terms") govern the supply of the Zivah AI voice agent service by Zivah AI Pty Ltd (ABN 46 695 944 364, ACN 695 944 364) ("Zivah", "we", "us") to you, the customer ("you", "Customer"). By signing up for or using the service you agree to these Terms. Please also read our Privacy Policy, Acceptable Use Policy, and the Voice & Telephony Service Schedule that applies to your country, which form part of these Terms.

1. Definitions

Service — the AI voice agent service we supply, including the configuration and operation of AI agents on telephone numbers, and any associated portal, API and reporting.
Service Schedule — a country-specific schedule (e.g. Schedule A — Australia) setting out telephony, numbering and local terms for the country in which the Service is supplied.
Plan — the subscription plan you select, with its monthly fee and included call minutes.
Carriage Services — the underlying telephone origination, termination and numbering, which are supplied by a licensed Australian carriage service provider (see the Service Schedule).
Customer Data — data you or your callers provide or that is generated through your use of the Service, including call recordings and transcripts.
Consumer Guarantees — the guarantees that apply under the Australian Consumer Law.

2. Service availability and jurisdiction

2.1 The Service is currently offered only to customers in Australia. We do not offer or market the Service to customers in other countries at this time.

2.2 As we make the Service available in other countries, a separate country-specific Service Schedule will apply, reflecting local telephony, consumer and privacy law.

3. The Service; our role and the carriage provider

3.1 We supply and operate AI voice agents. The underlying Carriage Services and telephone numbers are supplied by a licensed Australian carriage service provider. Zivah is not a carrier and is not the carriage service provider, and nothing in these Terms makes us one. Telephony-specific terms (including emergency calling, number allocation and porting) are in the Voice & Telephony Service Schedule.

3.2 We provide the Service with due care and skill. We will use reasonable efforts to keep the Service available, but we do not guarantee uninterrupted or error-free operation.

4. Plans, fees and GST

4.1 Fees are the published amounts for your Plan. All prices are in Australian dollars and include GST unless stated otherwise.

4.2 Plans are billed monthly in advance. Call usage beyond your Plan's included minutes is charged at the per-minute rate published for your Plan.

4.3 We issue a tax invoice for each billing period showing our ABN (46 695 944 364), the service period, the amount, and the GST component. (Zivah is registered for GST.)

4.4 We may change our fees. We will give you at least 30 days' notice of any fee change, and you may cancel before the change takes effect without penalty (see clause 9).

4.5 Data-use setting and price. By default your account is private: your call data is not used to train or improve any provider's models. You may opt in in the portal to allow your call data to be used to improve speech and language services, in which case a lower price applies. The opt-in is off by default; you can turn it on or off, and the price changes from your next billing period. See the Privacy Policy (section 4A).

5. Payment

5.1 Fees are payable by the payment method you authorise, on the due date shown on the invoice.

5.2 If a payment fails or is overdue, we may, after giving you reasonable notice and an opportunity to fix it, suspend the Service until payment is made.

6. Your responsibilities and acceptable use

6.1 You must use the Service lawfully and in accordance with our Acceptable Use Policy, including the rules on outbound calling, telemarketing, caller identification and content.

6.2 You are responsible for configuring how your agent handles calls, including any transfer of calls to third parties, and for ensuring callers are appropriately notified that calls may be recorded (see the Privacy Policy and Service Schedule).

7. Customer Data, privacy and intellectual property

7.1 Your data is yours. As between you and us, you own your Customer Data. You grant us the rights needed to process it to provide the Service.

7.2 We handle personal information in accordance with our Privacy Policy.

7.3 Our IP is ours. We own all intellectual property in the Service, our software, and our AI configurations. We grant you a non-exclusive, non-transferable right to use the Service during your subscription.

8. Consumer guarantees and liability

8.1 Consumer guarantees. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2), including the guarantee that services are provided with due care and skill.

8.2 Limit of our liability. To the extent we are entitled to limit our liability for a failure to comply with a consumer guarantee in respect of services (under section 64A of the Australian Consumer Law), our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

8.3 Other liability. Subject to clause 8.1 and to the extent permitted by law, we are not liable for indirect or consequential loss, or loss of profits, revenue, data or goodwill, and our total liability arising out of or in connection with the Service is limited to the fees you paid for the Service in the 12 months before the event giving rise to the liability.

9. Term, cancellation and suspension

9.1 The Service is provided on a month-to-month basis with no fixed minimum term.

9.2 You may cancel at any time, effective at the end of your current billing month, by emailing support@zivah.ai or through your account portal.

9.3 We may suspend or terminate the Service if you materially breach these Terms (including the Acceptable Use Policy) and do not fix the breach within a reasonable time after notice, or immediately where required by law or to prevent harm or unlawful use.

9.4 On cancellation or termination, your right to use the Service ends. Number porting on termination is dealt with in the Voice & Telephony Service Schedule. We deal with Customer Data in accordance with the Privacy Policy.

10. Changes to these Terms

We may update these Terms. We will give you reasonable notice of material changes, and continued use of the Service after the change takes effect means you accept the updated Terms. If you do not accept a material change, you may cancel under clause 9.

11. Disputes and governing law

11.1 If a dispute arises, contact us first at support@zivah.ai and we will try to resolve it in good faith.

11.2 These Terms are governed by the laws of Queensland, Australia, and the courts of Queensland have non-exclusive jurisdiction. Nothing in this clause limits your rights under the Australian Consumer Law.

12. General

If any provision is found to be unenforceable, the rest of the Terms continue to apply. Our failure to enforce a provision is not a waiver of it.