Legal

Terms of Service

Last updated: 12 October 2026

1. Acceptance of Terms

By accessing or using the services provided by Jortel Australia Pty Ltd (ABN 91 610 642 521), trading as Jortelligence ("we", "us", "our"), including our website at jortelligence.ai and all products such as J-Voice Agent (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Services.

These Terms constitute a legally binding agreement between you ("you", "your", the "Customer") and Jortel Australia Pty Ltd. By clicking "I agree", creating an account, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are a small business (as defined in the Competition and Consumer Act 2010 (Cth)), certain provisions of these Terms are subject to the unfair contract terms regime. Nothing in these Terms is intended to operate unfairly.

2. Services

Jortelligence provides AI-powered automation products for Australian businesses. Our flagship product, J-Voice Agent, provides AI voice agents capable of handling inbound and outbound phone calls, appointment booking, lead qualification, and related telephony services.

The Services are provided as tools for your business operations. Jortelligence is a technology platform provider and does not provide telecommunications carriage services, professional advice, or act as your agent in dealings with third parties.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We will notify you of material changes via email or through the platform at least 14 days in advance. Changes that address security vulnerabilities or legal requirements may be implemented immediately. If we discontinue the Services, or a part of them that materially reduces what your plan includes, for a reason other than your breach of these Terms, we will refund any fees you have prepaid for the period after the discontinuance.

3. Eligibility

The Services are intended for use by businesses and individuals who are at least 18 years of age. By using the Services, you represent that you have the legal authority to enter into these Terms and, if acting on behalf of an organisation, that you are authorised to bind that organisation.

4. Accounts

To use certain features of our Services, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

  • Provide accurate and complete registration information
  • Keep your account information up to date
  • Notify us immediately of any unauthorised use of your account
  • Not share your account credentials with third parties

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

5. Acceptable Use

You agree not to use the Services to:

  • Make calls that violate the Do Not Call Register Act 2006 (Cth), the Spam Act 2003 (Cth), or the Telecommunications Act 1997 (Cth)
  • Engage in harassment, fraud, deceptive conduct, or any unlawful activity
  • Use AI voice agents to impersonate a real person without appropriate disclosure, or to misrepresent the nature of the call
  • Make calls without complying with applicable ACMA regulations and industry codes, including telemarketing standards
  • Upload or use contact lists obtained without proper consent
  • Interfere with or disrupt the Services, their infrastructure, or other users' use of the Services
  • Reverse-engineer, decompile, or attempt to extract the source code of our software
  • Use the Services for any purpose that could cause harm to minors
  • Exceed the usage limits of your subscription plan through automated means or circumvention
  • Use the Services to make calls outside of permitted calling hours (Monday–Friday 9:00am–8:00pm, Saturday 9:00am–5:00pm, recipient's local time; no calls on Sundays or public holidays) as required by the Telemarketing and Research Calls Industry Standard 2017
  • Fail to present a valid, reachable Australian caller ID on outbound calls
  • Deploy an AI agent without appropriate testing and human oversight of its responses
  • Use the Services for debt collection harassment or threatening behaviour
  • Transmit malware, inject prompts designed to override system safety controls, or attempt to extract training data from AI models

For breaches of this Acceptable Use Policy that do not involve illegal activity, an immediate threat to safety, or risk to the integrity of the Services or other customers, we will provide you with 7 days' written notice and an opportunity to cure the breach before suspending or terminating your account.

Violation of this acceptable use policy involving illegal activity, safety threats, or integrity risks may result in immediate suspension or termination of your account without notice or refund, subject to your rights under the Australian Consumer Law.

6. AI Disclosure Obligations

You acknowledge that J-Voice Agent uses artificial intelligence to conduct phone conversations. You are responsible for ensuring that callers are made aware they are interacting with an AI agent where required by law. Our system prompts include an AI disclosure by default, and you must not remove or disable this disclosure in a way that would violate applicable regulations.

You understand that AI-generated responses may occasionally contain inaccuracies. You are responsible for configuring your agent's knowledge base, system prompt, and behaviour to ensure appropriate responses for your use case. Jortelligence is not responsible for decisions made by third parties based on AI-generated content.

You must implement appropriate human oversight of your AI agent's performance. This includes: (a) regularly reviewing call transcripts and recordings; (b) maintaining and updating your agent's knowledge base for accuracy; (c) configuring appropriate fallback behaviour for scenarios the agent cannot handle; and (d) promptly addressing any reported issues with AI responses. Failure to implement reasonable oversight does not diminish your responsibility for your agent's interactions.

7. Outbound Calling Compliance

If you use the Services to make outbound calls, you acknowledge and agree to comply with the following obligations:

  • You must comply with the Telemarketing and Research Calls Industry Standard 2017 and all applicable ACMA regulatory instruments
  • You must register with ACMA as a telemarketer before making telemarketing calls using the Services
  • You must scrub all contact lists against the Do Not Call Register (DNCR) within 30 days before use and maintain DNCR wash records for a minimum of 3 years
  • You must present a valid Australian CLI (Calling Line Identification) on all outbound calls; "Private", withheld, or misleading caller IDs are prohibited
  • Your AI agent's greeting must state: (1) the name of your business, (2) the purpose of the call, and (3) the identity of the principal on whose behalf the call is made (if different)
  • Your agent must terminate a call within 5 seconds of the recipient requesting termination or opting out
  • You must maintain an internal do-not-call list and honour opt-out requests within 5 business days
  • You must only rely on the Existing Customer Relationship (ECR) exemption where you have a genuine and current business relationship that meets the criteria set out in the Do Not Call Register Act 2006
  • The return contact number displayed to recipients must remain reachable for a minimum of 30 days after the call

Breach of ACMA regulations may result in penalties of up to $555,000 per contravention. You are solely responsible for compliance with all applicable telemarketing laws and regulations.

Jortelligence provides tools to assist with compliance (including DNCR integration, calling hour enforcement, and opt-out handling) but does not guarantee regulatory compliance. You must independently verify your obligations under applicable law.

8. Payment and Billing

Paid plans are billed in advance, monthly or annually, in Australian dollars (AUD). By subscribing to a paid plan, you authorise us to charge your nominated payment method at the start of each billing period until you cancel, together with any overage charges described below. All payment processing is handled by Stripe.

All prices include GST where applicable. You may change or cancel your plan at any time from Usage & Billing in your dashboard. Upgrades take effect immediately. Downgrades and cancellations take effect at the end of your current billing period, and your plan stays active until then. Annual plans are paid upfront for 12 months. Cancelling a paid plan does not close your account; your account moves to the Free plan.

Cancellations and refunds are covered by our Cancellations & Refunds policy, which forms part of these Terms. Our services also come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these Terms or that policy limits your rights under it.

If your usage exceeds your plan's included minutes, you will be notified and may be charged overage fees at the rate specified in your plan details. We will provide at least 24 hours' notice before overage charges are applied.

You are responsible for monitoring your usage and configuring spend alerts or caps available in your account settings. Failure to configure usage controls does not relieve your obligation to pay for all minutes consumed through your account.

Failed payments will be retried up to 3 times over 7 days. If payment remains unsuccessful, your account may be suspended until payment is resolved.

9. Suspension of Services

We may suspend your access to the Services immediately if:

  • Undisputed fees remain unpaid for 14 or more days
  • We reasonably believe there is a security risk to the Services, your account, or other customers
  • Required by law, court order, or government authority
  • You breach the Acceptable Use Policy in a manner requiring immediate action
  • Fraudulent or illegal activity is detected on your account

We will provide notice of suspension (except where immediate action is required for safety or legal reasons) and will restore access promptly once the grounds for suspension are resolved.

During suspension for non-payment, your data will be retained but inaccessible. If suspension continues for 60 or more days, we may terminate your account.

Suspension does not relieve your payment obligations for the suspension period.

10. Intellectual Property

All content, software, and technology comprising the Services are owned by or licensed to Jortel Australia Pty Ltd and are protected by Australian and international intellectual property laws. You retain ownership of any content you provide to us (e.g., knowledge base materials, contact lists, system prompts, brand assets).

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms for the duration of your subscription. This licence does not include the right to sublicence, resell, or redistribute the Services without our written consent.

You grant us a limited licence to use your content solely for the purpose of providing the Services to you (e.g., processing your knowledge base to power AI responses). We will not use your content to train general AI models or for any purpose unrelated to delivering your Services.

Ownership of Outputs: You own all rights in outputs generated specifically for your account (call transcripts, summaries, analytics, sentiment scores), subject to our underlying intellectual property in models, algorithms, and systems. You acknowledge that AI-generated outputs may not attract copyright protection under Australian law due to the absence of human authorship, and similar outputs may be generated for other customers.

Aggregated Data: Jortel Australia Pty Ltd owns all rights in anonymised, aggregated statistical data derived from Service usage that cannot identify you or any individual. Such data may be used for benchmarking, analytics, research, and service improvement.

Feedback: If you provide suggestions, feedback, or ideas about the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use and incorporate that feedback without attribution or compensation.

11. Call Recording, Consent, and Data

J-Voice Agent may record calls for quality assurance, transcription, and analytics purposes. You are solely responsible for ensuring compliance with applicable call recording laws in your jurisdiction, including:

  • Notifying callers that the call may be recorded
  • Obtaining consent where required by state, territory, or federal law
  • Complying with the Telecommunications (Interception and Access) Act 1979 (Cth) regarding call interception and recording

You represent and warrant that you have obtained all necessary consents, authorisations, and legal bases required to: (a) provide contact lists for outbound campaigns; (b) record calls through the Services; (c) process personal information of call recipients through AI systems; (d) transfer personal information to overseas sub-processors as described in our Privacy Policy. You acknowledge that failure to obtain proper consent may expose both you and Jortelligence to liability under the Privacy Act 1988 (Cth), state surveillance device legislation, and the Telecommunications (Interception and Access) Act 1979 (Cth).

Call recordings and transcripts are stored securely and are accessible through your account. See our Privacy Policy and our Data Deletion page for how long we keep data, how it is deleted, and what we must keep.

12. API and Integration Usage

If you access our Services via API or integrate with third-party systems, you agree to use the API in accordance with our documentation and any applicable rate limits. API keys are confidential and must not be shared publicly. We reserve the right to revoke API access if we detect abuse, excessive usage, or security risks.

Rate limits are published in our API documentation. Exceeding rate limits may result in temporary throttling. Sustained abuse of API endpoints may result in permanent key revocation. You must not use the API to: build a competing product, resell API access, or circumvent usage metering.

13. Complaint Forwarding

If Jortelligence receives any complaint, legal notice, or regulatory inquiry arising from calls made through your account, we will forward it to you. You are solely responsible for investigating and resolving all such complaints.

  • You must respond to forwarded complaints within 5 business days
  • You must cooperate with any regulatory investigation related to your use of the Services
  • Failure to respond to a forwarded complaint may result in suspension of your account

Privacy requests about people in your account: If someone asks us to access, correct or delete personal information about them that is held in your account (for example, a caller), we will forward the request to you, and you must respond within 10 business days. You authorise us to act on the request ourselves, including by deleting or de-identifying that person's personal information in your account, if you do not respond within that time, if your account has been closed, or if the law requires us to. We will not remove a number from your do-not-call list because of a deletion request, and we will keep a de-identified record of each call's date and duration for billing.

14. Service Levels

We aim to provide 99.9% uptime for our core Services. Scheduled maintenance windows will be communicated in advance where possible. We do not guarantee uninterrupted availability of the Services and are not liable for any downtime caused by third-party providers, telecommunications outages, or events beyond our reasonable control.

If core Services are unavailable for more than 0.1% of any calendar month (approximately 43 minutes), you may request a service credit of 5% of monthly fees for each additional 0.1% of downtime, up to a maximum of 30% of that month's fees. Subject to your rights under the Australian Consumer Law (see our Cancellations & Refunds policy), service credits are your sole remedy for downtime. They will be applied to your next invoice and do not count against the liability cap in Section 16.

Service credits do not apply to: (a) scheduled maintenance communicated at least 48 hours in advance; (b) force majeure events; (c) issues caused by your equipment, software, or network; (d) outages of third-party providers beyond our reasonable control. Credit requests must be submitted within 30 days of the incident.

15. Indemnification

You agree to indemnify, defend, and hold harmless Jortel Australia Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the Services in violation of these Terms
  • Your violation of any applicable law, regulation, or third-party rights (including the Do Not Call Register, Spam Act, and ACMA regulations)
  • Content you provide to the Services (including knowledge base materials, contact lists, and system prompts)
  • Any claim by a third party related to calls made or received through your account

Reciprocal IP Indemnity: Jortelligence will indemnify, defend, and hold you harmless against third-party claims alleging that the Services (as provided by Jortelligence, excluding your content, configurations, and customisations) infringe a valid Australian intellectual property right. This obligation does not apply if infringement arises from: (a) your modifications to the Services; (b) combination of the Services with non-Jortelligence products; (c) use after notification to cease; or (d) use not in accordance with these Terms.

16. Limitation of Liability

To the maximum extent permitted by Australian law, Jortel Australia Pty Ltd and its officers, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill.

Our total aggregate liability for any claim arising from these Terms or the Services is limited to the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law, including guarantees as to acceptable quality, fitness for purpose, and due care and skill.

The following cannot be limited or excluded under these Terms: (a) guarantees that cannot be excluded under Australian Consumer Law; (b) death or personal injury caused by negligence; (c) fraud or fraudulent misrepresentation; (d) your payment obligations under these Terms; (e) your indemnification obligations; (f) breach of confidentiality; (g) wilful misconduct.

Service credits under Section 14 do not reduce or count against our aggregate liability cap.

17. Disclaimer

The Services are provided "as is" and "as available" without warranties of any kind, except as required by Australian Consumer Law. We do not guarantee that:

  • AI-generated responses will be accurate, complete, or suitable for any particular purpose
  • The Services will be uninterrupted, error-free, or free from harmful components
  • Any specific business outcome will result from using the Services

You acknowledge that AI voice agents may occasionally produce incorrect, unexpected, or inappropriate responses. You are responsible for monitoring your agent's performance and adjusting its configuration as needed.

You acknowledge that AI technology is inherently probabilistic and that identical inputs may produce different outputs. No warranty is made regarding the consistency, repeatability, or deterministic nature of AI responses.

18. Confidentiality

Each party acknowledges that it may receive confidential information from the other party in connection with these Terms and the Services ("Confidential Information"). Confidential Information means non-public information designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees to: (a) protect the other party's Confidential Information with the same degree of care it uses for its own confidential information (and in any event, no less than reasonable care); (b) not disclose Confidential Information to third parties except as necessary to perform its obligations under these Terms; (c) not use Confidential Information for any purpose other than performing its obligations or exercising its rights under these Terms.

These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was independently developed by the receiving party without reference to Confidential Information; (c) was received from a third party without restriction on disclosure.

Confidentiality obligations continue for 3 years after disclosure, or indefinitely for trade secrets. A party may disclose Confidential Information if required by law or court order, provided it gives prior written notice to the disclosing party where legally permitted.

19. Termination

You may terminate your account at any time by contacting us (see our Data Deletion page). We may suspend or terminate your access to the Services if you breach these Terms, engage in prohibited conduct, or fail to pay applicable fees.

Upon termination for any reason, your right to use the Services ceases immediately. You must immediately cease using the Services and delete any cached or stored copies of our materials. We will keep your data for 30 days after termination so that you can ask us for a copy, and then permanently delete it, except for the records described on our Data Deletion page — for example, billing records, which we keep for 7 years under Australian tax and company law. If you ask us to delete your account, we will delete your data within 30 days of confirming your request. We may retain de-identified, aggregated data indefinitely.

Sections 10 (Intellectual Property), 12 (API restrictions on competing products), 15 (Indemnification), 16 (Limitation of Liability), 17 (Disclaimer), 18 (Confidentiality), 22 (Governing Law), and payment obligations survive termination of these Terms.

20. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, telecommunications failures, power outages, cyberattacks, or failures of third-party service providers. If a force majeure event continues for more than 30 days, either party may terminate the affected Services upon written notice.

Force majeure does not excuse your obligation to pay fees accrued prior to the force majeure event or fees for Services that remain available during the event.

21. Monitoring and Enforcement

Jortelligence may monitor Service usage in aggregate to detect violations of the Acceptable Use Policy, including reviewing call patterns, volumes, and flagged content for compliance purposes.

We reserve the right to report suspected illegal activity to relevant authorities, including ACMA, the Australian Federal Police (AFP), the Office of the Australian Information Commissioner (OAIC), or other appropriate regulatory bodies. We will cooperate with law enforcement where required by valid legal process.

We have no obligation to monitor but reserve the right to do so at our discretion in accordance with our Privacy Policy.

22. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for the resolution of any disputes arising under these Terms.

Before commencing any legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days following written notice of the dispute.

If the dispute is not resolved within 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in Sydney. Each party bears its own costs; the mediator's fees are shared equally. If mediation fails to resolve the dispute within 60 days of referral, either party may commence court proceedings.

23. Export Control and Sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to Australian sanctions. You will not use the Services in violation of Australian sanctions laws (including the Autonomous Sanctions Act 2011 (Cth)) or export any technical data received through the Services in violation of applicable export control laws.

24. Insurance

For Premium and Enterprise customers processing more than 1,000 calls per month, we strongly recommend maintaining professional indemnity insurance of at least $1,000,000 AUD covering claims arising from automated communications. This is not a condition of service but is strongly recommended to protect your business.

25. General Provisions

Entire agreement: These Terms, together with our Privacy Policy, our Cancellations & Refunds policy and any plan-specific terms, constitute the entire agreement between you and Jortel Australia Pty Ltd regarding the Services and supersede all prior agreements or understandings.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Jortel Australia Pty Ltd.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Notices: We will send notices to the email address associated with your account. You may send notices to us at the contact details in Section 27.

No third-party beneficiaries: These Terms do not create rights for any person who is not a party. No third party may enforce any term under the Competition and Consumer Act 2010 (Cth) or otherwise.

26. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you via email or a prominent notice on our website at least 14 days before the changes take effect. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you must discontinue use of the Services before the effective date.

If we make changes that materially reduce your rights or materially increase your obligations, and you do not agree, you may terminate your account within 30 days of our notice and receive a pro-rata refund of prepaid fees for the unused portion of your billing period.

27. Contact

For questions about these Terms, contact us at:

Jortel Australia Pty Ltd (trading as Jortelligence)

ABN 91 610 642 521

Unit 7B, 14-16 Winbourne Rd, Brookvale NSW 2100

Email: legal@jortelligence.ai

Phone: 1300 JORTEL (1300 567 835)