TERMS OF USE

1. Parties, acceptance and contract documents

These Terms form an agreement between RCSS Australia Pty Ltd trading as On The Tools (On The Tools, we, us or our) and the person or organisation identified in the applicable Order (Customer, you or your).

You accept the agreement when you click to accept these Terms, sign or accept an Order, complete checkout after being shown the Terms, or activate or use the Service after receiving them. If you accept for an organisation, you warrant that you have authority to bind it.

The agreement consists of the Order, these Terms and any schedule expressly incorporated into the Order. If they conflict, a signed or specifically accepted Order prevails for pricing, inclusions and commercial details. These Terms prevail for general legal terms unless the Order expressly states that a particular clause is replaced.

2. Definitions

3. Eligibility and permitted business use

The Service is intended for Australian trade businesses and other customers approved by On The Tools.

The Customer must be legally capable of entering the agreement and must use the Service only for its own genuine business operations.

The Customer must not resell, white-label, timeshare or provide access to the Service for another business unless the Order expressly permits it.

A plan may be limited to a particular profession, state or territory, business structure, telephone type, number of users or service volume.

The person accepting these Terms for the Customer must be at least 18 years old and have authority to bind the Customer.

At signup and throughout the Subscription Term, the Customer represents and warrants that it is the person or business it claims to be, that the business information it provides is accurate and not misleading, and that it and each person it permits to perform regulated trade work holds every licence, registration, permit, qualification and authorisation required by law for the selected profession and each jurisdiction in which that work is offered or performed.

On The Tools is a technology provider, not a trade licensing authority, accreditation body or professional regulator. As part of the standard Service, On The Tools does not undertake KYC, background checking, professional accreditation, or inspection, verification, approval or monitoring of trade licences, qualifications, registrations or professional standing. Any authentication or account-security checks used by the Service are not trade-licence verification. The Customer must not state or imply that On The Tools has verified, endorsed or certified the Customer, its personnel or its trade credentials.

If the Customer or any relevant person ceases to hold a licence, registration, permit or authorisation required to lawfully perform particular work, the Customer must immediately stop using the Service to offer, arrange, quote, book or facilitate that affected work and must not resume doing so unless and until legally entitled. On The Tools has no duty to monitor, investigate or remind the Customer about licensing status. On The Tools may restrict or suspend use if it reasonably believes the Service is being used for unlawful or unlicensed activity, but that right does not create an obligation to verify licensing status.

4. Service scope, nature, onboarding and activation

Depending on the Order and approved configuration, the Service may detect or receive missed-call event metadata, send and receive SMS messages, ask approved qualification questions, provide customer-approved pricing information, route a request to a quote or site visit, arrange or propose bookings, provide job updates, summarise conversations, notify the Customer and allow human takeover.

The Service is an administrative, communications and workflow technology. It is not a financial service, accounting system, payment system, emergency communications service, guaranteed lead-capture system, guaranteed booking service or business-continuity system. The Customer must not rely on the Service as the sole means of receiving business enquiries, maintaining legally required records or operating its business.

The Subscription Term and first Billing Cycle begin when successful checkout is completed. On The Tools will then provision the Assigned Number and complete production activation after the Customer completes required onboarding, configuration, compatibility checks and testing. The Customer must complete onboarding promptly. If activation is materially delayed solely by On The Tools, On The Tools will provide a fair extension or credit for the affected period.

The Customer is responsible for completing the setup steps within its control, including supplying accurate business information, configuring forwarding, reviewing settings and completing the required test calls and messages. A delay or failure caused by incomplete, inaccurate or incompatible Customer setup is not an activation failure by On The Tools.

By completing the go-live process, confirming activation or using the Service in production, the Customer confirms that it has reviewed its customer-facing configuration, completed the required testing and authorises On The Tools to operate the Service using that approved configuration.

On The Tools does not routinely record or transcribe call audio under the current missed-call workflow. The Service receives the event information needed to trigger and administer the response workflow.

Features marked beta, pilot, preview, experimental or coming soon may be changed or withdrawn. They must not be used for safety-critical or legally required operations.

5. Mobile forwarding, SMS and Assigned Numbers

The Customer is responsible for maintaining a compatible telephone service, enabling and testing call forwarding, and paying any carrier charges imposed by its own telecommunications provider. The Founding Plan may require one eligible Australian mobile business number and may not support landlines, VoIP numbers or business phone systems unless the Order says otherwise. Call forwarding is a carrier-controlled telecommunications feature and is not operated or controlled by On The Tools.

A telecommunications provider may reset, disable, alter, interrupt or fail to apply call-forwarding settings because of an outage, maintenance, account or plan change, number porting, SIM or eSIM change, device change, carrier provisioning, fraud or security control, technical fault or another event outside On The Tools’ reasonable control.

The Customer must enable call forwarding in accordance with the setup instructions, complete the required test calls before go-live, periodically confirm that forwarding remains active, and re-test forwarding after any change to its carrier, telephone number, SIM or eSIM, device, account, plan or forwarding configuration.

On The Tools may provide instructions, testing tools, alerts and reasonable assistance, but cannot guarantee that a telecommunications provider will continuously maintain the Customer’s forwarding configuration. If forwarding is reset, disabled, delayed, incorrectly provisioned or otherwise interrupted outside On The Tools’ reasonable control, the Service may not receive the relevant call and may therefore be unable to initiate the associated automated response.

To the maximum extent permitted by law, On The Tools is not liable for a missed call, missed enquiry, lost lead, lost booking, lost job, loss of anticipated revenue or other commercial loss resulting from a telecommunications or forwarding interruption that was outside On The Tools’ reasonable control and was not caused by On The Tools’ failure to exercise due care and skill.

The Customer must promptly notify On The Tools if it becomes aware that forwarding or carrier delivery is not working as expected and must take reasonable steps to restore a fallback communication path while the issue is investigated.

The Assigned Number remains allocated to and controlled by On The Tools through its communications provider. The Customer receives only a limited, revocable right to use it through the Service during the active paid Subscription Term.

The Customer must not attempt to port, transfer, sell, reassign, reconfigure or use the Assigned Number outside the Service. The Customer must not represent that it owns the Assigned Number.

After cancellation, the Customer may continue using the Service and Assigned Number until the end of the current paid Billing Cycle. On The Tools may then release, replace or reallocate the Assigned Number. The Customer must remove call forwarding and update any published use of the number before shutdown. Once released or reallocated, the number cannot be recovered or guaranteed to remain available.

SMS delivery, sender presentation and timing depend on carriers and Third-Party Services. Messages can be delayed, filtered, split into multiple billable segments, fail or be delivered out of order.

The Customer must promptly tell On The Tools if its business telephone number, forwarding arrangement, authorised contact or service provider changes.

6. Accounts, Authorised Users and security

• Provide accurate account, business, billing, profession, jurisdiction, service-area and contact information and ensure that any eligibility or licensing-status declaration made during signup or use of the Service remains truthful.
• Nominate only genuine Authorised Users, assign appropriate roles and promptly remove access for people who no longer require it.
• Keep passwords, verification codes and devices secure. Shared credentials must not be used where named access is available.
• Notify On The Tools promptly of suspected compromise, unauthorised access, unexpected messages or other security incidents affecting the Account.

The Customer is responsible for activity carried out through its Account to the extent caused by its Authorised Users, credentials, instructions or failure to take reasonable security precautions. This does not excuse a failure by On The Tools to use reasonable care and skill.

7. Customer configuration, prices and business commitments

The Customer controls the business information used by the Service, including approved services, job descriptions, fixed-price or hourly settings, call-out fees, quote pathways, service areas, availability, opening hours, booking rules, exclusions and escalation contacts.

• Review and approve all customer-facing settings before go-live and after any material change.
• Keep pricing, call-out fees, availability, service areas, business hours, promotions, business identity and other customer-facing information accurate, current and not misleading. The Customer is solely responsible for ensuring that it remains legally entitled to offer and perform the trade services configured in the Account.

The Customer warrants that information and instructions it supplies to On The Tools are accurate to the best of its knowledge, lawfully supplied and suitable to be communicated to End Customers. On The Tools may rely on those statements and instructions and has no general obligation to independently verify the Customer’s identity, trade eligibility, licensing status, pricing or other business information.

Complete reasonable test calls and messages before relying on the Service in production.

Where the Service accurately communicates a price, appointment or other commitment from the Customer’s approved configuration, the Customer is responsible for honouring that commitment except where there is an obvious error or applicable law permits correction.

The Customer authorises On The Tools to communicate the Customer’s approved services, prices, call-out fees, availability, booking options and other configured information on the Customer’s behalf. Unless expressly configured or separately authorised, On The Tools has no authority to waive fees, approve material variations, provide credit, settle a dispute, enter a contract for trade work on its own behalf, or give licensed technical advice.

On The Tools is responsible for investigating a verified system error that materially departs from the approved configuration. The Customer must notify On The Tools promptly and take reasonable steps to reduce further impact.

8. Profession, state and compliance boundaries

The Service may isolate workflows, rules and AI context by the Customer’s selected profession and Australian state or territory. The Customer must not bypass, misrepresent or ask On The Tools to disable those boundaries.

The Customer remains solely responsible for the underlying trade business and trade work, including its legal entitlement to perform that work, supervision, inspections, site safety, workmanship, quotations, variations, customer contracts, statutory warranties, consumer-law obligations, advertising, invoicing, taxes and any damage, injury or loss caused by the performance of trade work. On The Tools is not the electrician, plumber, HVAC contractor or other trade provider, does not employ or supervise the Customer’s workers, is not a party to the underlying trade job, and does not verify, certify, endorse or warrant the Customer’s licensing, qualifications, identity, workmanship or regulatory compliance.

9. AI-assisted output and human oversight

The Service uses AI models and deterministic controls to assist with conversations and workflows. AI output is probabilistic and may be inaccurate, incomplete, repetitive or inappropriate. On The Tools does not guarantee that every output will be correct.

The Customer authorises On The Tools to process Customer Data through approved AI systems for the purpose of providing, securing and supporting the Service.

On The Tools will not intentionally use Customer confidential information to train a general public AI model without the Customer’s express written agreement.

The Customer must maintain monitored human escalation contacts and take over matters involving safety, emergencies, complaints, material disputes, uncertainty, unsupported work, sensitive circumstances or regulated advice.

The Service must not be treated as legal, tax, medical, engineering, certification, emergency or licensed technical advice.

The Customer must exercise reasonable human judgement before relying on an AI-generated statement for a material business, safety, technical, pricing or contractual decision and must promptly correct or take over a conversation if it becomes aware of an apparent error.

On The Tools is responsible for the reasonable design and operation of the platform controls it provides. The Customer is responsible for its settings, business decisions, trade work, fulfilment and actions taken after receiving an escalation or notification.

10. End-customer communications, consent and opt-outs

The Customer instructs On The Tools to communicate with End Customers in the Customer’s name and on its behalf. The Customer must have a lawful basis for each communication and for providing the relevant personal information to On The Tools.

Operational messages responding to a missed call or enquiry must remain focused on the requested service, quote, site visit, booking or account administration.

Marketing content must not be added to a service message unless the Customer has the required consent and the message meets all identification and unsubscribe requirements.

The Customer must keep evidence of consent where required, identify itself accurately, maintain current contact details and honour marketing opt-outs within the legally required period.

The Customer must not upload or use purchased, scraped, harvested or unauthorised marketing lists.

On The Tools may implement suppression, STOP-word, abuse-prevention and provider-compliance controls and may refuse instructions that would reasonably expose the platform or another person to legal, safety or deliverability risk.

11. Customer conduct and acceptable use

Do not use the Service unlawfully, fraudulently, deceptively, abusively or in a way that infringes another person’s rights.

The Customer and its Authorised Users must communicate with End Customers lawfully, professionally and courteously when using the Service, including during human takeover. Threatening, intimidating, aggressive, abusive, harassing, discriminatory, obscene, coercive or retaliatory conduct is prohibited. The Service must not be used to threaten a person, pressure a person improperly, retaliate for a complaint, review or opt-out, or facilitate conduct that could reasonably place another person at risk.

Do not impersonate another person or business, manipulate caller identity, make deceptive or misleading representations, facilitate unlawful discrimination, or distribute malware or prohibited content.

Do not attempt to extract system prompts, provider secrets, other customers’ information, protected state or profession content, or security controls.

Do not use the Service for emergency dispatch, life-critical control, high-risk automated decision-making or regulated advice unless a signed enterprise schedule expressly permits the use and documents appropriate controls.

Do not use the Service at a volume or in a manner that materially exceeds the Order, degrades the platform or creates abnormal provider, fraud or security risk.

12. Plans, usage measurement, fees and GST

Before purchase, the Order or checkout summary will state the subscription fee, whether GST is included or added, Included Usage, supported number type, users, integrations, billing frequency, any minimum term, top-up rules and what happens when Included Usage is reached. All monetary amounts are in Australian dollars unless the Order states otherwise.

For the launch Founding Plan, the allowance is up to 50 quoted or booked Conversations per Billing Cycle. A missed call, SMS thread or qualification flow does not use the allowance merely because it starts. The allowance is used only when a Conversation produces a quote and/or a confirmed calendar booking, appointment or site visit as described below.

• Missed call + qualification questions only, with no quote and no booking = 0 Conversations used from the allowance.
• Missed call + quote or estimate sent = 1 Conversation used from the allowance.
• Missed call + job, appointment or site visit confirmed in the calendar = 1 Conversation used from the allowance.
• Missed call + quote + calendar booking within the same enquiry = 1 Conversation used from the allowance, not 2.

SMS replies, follow-up messages, reminders, status updates and human takeover within that same enquiry do not use another Conversation from the allowance. A later genuinely separate enquiry may use another Conversation if it later produces a qualifying quote or booking outcome.

The Account may display the Customer’s current quoted-or-booked Conversation usage and available Top-Up Balance. The Customer is responsible for monitoring usage and purchasing a manual top-up if it wants new automated quoting and booking outcomes to continue after Included Usage is exhausted. On The Tools may provide courtesy warnings as usage approaches or reaches the plan limit, but the plan limit applies whether or not a courtesy warning is received. Provider-cost estimates and internal cost events are operational records and do not create an additional customer charge unless the applicable charge was disclosed in the Order.

A quote and a calendar booking performed within the same Conversation use only one Conversation from the allowance. No separate fee is charged merely because both actions occur in the same enquiry, and no separate fee is charged per booking, quote or site visit unless the Order expressly states otherwise.

The 50th qualifying quoted-or-booked Conversation in a Billing Cycle is included. After all 50 Included Conversations have been used, new automated quote sends and new automated booking or site-visit confirmations will pause unless the Customer has an available Top-Up Balance, purchases a manual top-up, or Included Usage refreshes at the next Billing Anniversary. The Service may still acknowledge or qualify a new enquiry without using another Conversation from the allowance, but it will not deliver a new quote or confirm a new booking that would exceed the available allowance. Existing enquiries do not use another Conversation merely because follow-up, reminders, status updates or human takeover continue. A Conversation that never produces a quote or confirmed booking does not use the allowance.

On The Tools will not apply automatic top-ups or undisclosed excess fees.

Purchased Top-Up Conversations are one-off purchases of additional quoted-or-booked Conversation capacity. They remain available while the subscription is active until used and do not expire merely because a new Billing Cycle begins.

At each Billing Anniversary, the Customer receives the new monthly Included Usage first. New Included Usage is consumed before any remaining purchased Top-Up Balance.

A top-up does not change the Customer’s Billing Anniversary, renewal date or monthly subscription price.

The Customer is responsible for fees and taxes stated in the Order and for charges imposed by its own carrier, bank or customer-controlled Third-Party Services.

13. Payment, failed payments and billing disputes

On The Tools may charge the approved payment method in advance for recurring subscriptions and, where disclosed, in arrears or at purchase for variable usage or top-ups.

The Customer authorises the payment provider to store and use the payment method for agreed recurring charges. Full payment-card details are handled by the payment provider and are not stored by On The Tools.

If payment fails, On The Tools will give reasonable notice and an opportunity to remedy before suspending non-essential access, unless fraud, chargeback abuse or security risk requires faster action.

A billing dispute must be raised promptly with enough detail to investigate. Undisputed amounts remain payable. On The Tools will correct verified billing errors and provide any remedy required by law.

Future price changes require reasonable advance notice. A price change does not retrospectively alter charges already paid and will not apply during a prepaid fixed term unless the Order clearly permits it and provides a fair remedy.

14. Trials, Founding Plans and promotions

The Founding Plan is available to the first 100 customers who successfully complete checkout while the offer is displayed and satisfy the published eligibility and compatibility requirements. It costs A$99 including GST per Billing Cycle for the first six Billing Cycles beginning at successful checkout and includes up to 50 Conversations in each Billing Cycle that produce a quote and/or confirmed calendar booking, appointment or site visit. If both a quote and a booking occur within the same Conversation, it still counts once. A Conversation with neither outcome does not use the allowance. Founding Plan eligibility cannot be sold or transferred to another business without written approval.

A manual top-up of 25 additional quoted-or-booked Conversations may be purchased for A$59 including GST. A top-up is a one-off purchase, is not a recurring subscription charge, does not change the Billing Anniversary and does not renew automatically. Unused purchased Top-Up Conversations remain available while the subscription is active until used. Included monthly Conversations are always used before the Top-Up Balance. Any unused Top-Up Balance ends when the subscription ends and has no cash value, subject to non-excludable rights and remedies. The Founding Plan remains month-to-month and may be cancelled under section 15. After the first six Billing Cycles, the subscription will move to the then-current standard plan price notified at least 30 days in advance. The Customer may cancel before the new price takes effect. Promotions do not remove non-excludable rights or permit undisclosed charges.

15. Subscription term, renewal and cancellation

A month-to-month plan renews automatically on each Billing Anniversary until cancelled. Billing begins at successful checkout. The Customer may cancel at any time using the Cancel subscription button in the dashboard. If that function is unavailable, the Customer may cancel through the published support or contact channel.

A fixed-term plan and any renewal mechanism must be clearly stated in the Order. On The Tools will give reasonable advance notice of a material fixed-term renewal where appropriate.

Cancellation takes effect at the end of the current paid Billing Cycle. To avoid the next recurring subscription charge, cancellation must be completed before that renewal charge is processed on the next Billing Anniversary. The Customer retains access to the Service until the end of the paid Billing Cycle, and no further monthly renewal will be charged after cancellation takes effect, unless urgent legal or security grounds require suspension.

Example: if successful checkout occurs on 12 August, the next Billing Anniversary is ordinarily 12 September. If the Customer cancels before the 12 September renewal charge is processed, the Service continues through the already-paid period and the 12 September subscription renewal is not charged.

If a renewal charge has already been processed and a new Billing Cycle has begun before cancellation is completed, cancellation ordinarily applies at the end of that newly paid Billing Cycle, subject to any refund, cancellation or other right that cannot lawfully be excluded.

Where available, the Account will display the next scheduled renewal date so the Customer can see when the next subscription charge is due.

Removing call forwarding, ceasing use, deleting an application or failing to respond does not cancel the subscription. The Customer must submit cancellation through the dashboard or, if that function is unavailable, through the published support/contact channel.

On cancellation, the Customer must remove call forwarding, preserve any data it needs, inform relevant staff and update any published use of the Assigned Number before shutdown.

On The Tools will not impose an excessive cancellation penalty. Any committed fee, setup amount or non-cancellable third-party cost must have been transparent, proportionate and accepted before purchase.

16. Refunds, credits and Australian Consumer Law remedies

Prepaid fees are not refundable merely because the Customer changes its mind, stops using the Service or fails to complete an available cancellation process. This does not limit any right to a refund, service re-supply, cancellation, compensation or other remedy under the Australian Consumer Law or another applicable law.

Where On The Tools terminates a prepaid service without Customer breach, or makes a material adverse change during a prepaid fixed term and the Customer reasonably cancels because of that change, On The Tools will provide a fair pro-rata refund or service credit unless another lawful remedy is agreed.

Top-ups or usage already consumed are not refundable for change of mind. Unused Top-Up Conversations remain available while the subscription is active but end when the subscription ends and are not redeemable for cash, subject to non-excludable rights. Verified duplicate charges or material billing errors will be corrected.

Any separate Refund Procedure supports these Terms but cannot reduce non-excludable statutory rights.

17. Availability, maintenance, support and business continuity

On The Tools will use reasonable care and skill to provide the Service. The Service depends on internet access, mobile networks, carriers, cloud infrastructure and Third-Party Services and may experience outages, filtering, latency, message failure or integration interruption.

Unless a signed service-level schedule applies, any uptime, support or response figure is a target rather than a guaranteed service level.

Planned maintenance will be scheduled to reduce disruption where reasonably practicable. Emergency maintenance may occur without advance notice.

The Customer must maintain a reasonable manual fallback for missed calls, urgent messages, safety matters and material bookings and must not rely on the Service as its sole emergency, business-continuity or revenue-capture channel.

The Customer must independently retain records it is legally or operationally required to keep and must not treat the Service as its sole accounting, tax, compliance, licensing or archival system.

On The Tools targets an initial response to support requests within 48 hours through the published support channel. This is an initial response target, not a guaranteed resolution time, uptime commitment or service-level agreement. Urgent security reports will be prioritised according to their assessed risk.

18. Third-Party Services and integrations

The Service may use Third-Party Services, including telecommunications carriers, communications and SMS providers, cloud hosting, databases, AI providers, payment processors, calendar services, email, analytics, monitoring, authentication and support providers. Some Third-Party Services have separate terms, fees, technical limits, availability and privacy practices.

On The Tools will exercise reasonable care in selecting and managing material providers and remains responsible for its own obligations under the agreement and applicable law.

On The Tools is not responsible for a Third-Party Service failure, carrier outage, network interruption, upstream platform restriction or other event outside its reasonable control, except to the extent the loss was caused or materially contributed to by On The Tools’ own breach or failure to exercise due care and skill. On The Tools will take reasonable steps to investigate, restore service, use available workarounds and communicate material impacts.

The Customer must maintain valid accounts, permissions and configurations for customer-controlled integrations and must not connect an integration without authority.

A provider may impose content, sender, number, carrier or messaging restrictions. On The Tools may make proportionate changes needed to comply with those restrictions.

On The Tools may replace, add or change a Third-Party Service or technical provider where reasonably required for security, performance, cost, availability, product development or compliance, without obtaining individual Customer approval, provided the change does not materially reduce the paid Service or the privacy and security protections On The Tools is required to provide. Material adverse changes remain subject to section 31.

19. Customer Data, privacy and processing instructions

As between the parties, the Customer retains its rights in Customer Data. The Customer grants On The Tools and its approved providers a limited, non-exclusive right to host, copy, transmit, analyse and otherwise process Customer Data only as reasonably necessary to provide, secure, support and maintain the Service, comply with law and enforce the agreement. For product improvement, On The Tools will use Aggregated Data or de-identified information where reasonably practicable.

Each party must comply with the privacy obligations that apply to it. The Customer is responsible for its notices, consents, customer instructions and lawful use of End Customer information. On The Tools is responsible for the personal information it handles for its own account and for following lawful Customer instructions when providing the Service.

On The Tools’ Privacy Policy, available through the On The Tools website, explains the categories of information handled, AI processing, service providers, overseas handling, access and correction, complaints, security and retention. The privacy contact is ott.legal@unlockai.au.

On The Tools may refuse or narrow an instruction that is unlawful, technically unsafe, outside the Service, inconsistent with another person’s rights or likely to create material security or compliance risk.

The Customer must not submit unnecessary sensitive information, full payment-card data, passwords, one-time codes or identity documents unless an approved workflow expressly requires it.

20. Security and confidentiality

Each party must use reasonable safeguards appropriate to the information it handles and must protect the other party’s confidential information from unauthorised use or disclosure.

Confidential information does not include information that is public without breach, already lawfully known, independently developed without use of the confidential information, or lawfully received from another source without a confidentiality duty.

A party may disclose confidential information to staff, contractors, advisers and providers who need it and are subject to appropriate duties, or where disclosure is required or authorised by law.

Where lawful and reasonably practicable, a party compelled to disclose the other party’s confidential information will give notice and disclose only what is required.

On The Tools will notify the Customer without undue delay after confirming a security incident that materially affects Customer Data, subject to legal, law-enforcement and investigative restrictions. Notifications will include information reasonably available at the time and may be updated as the investigation progresses.

21. Intellectual property and licence

On The Tools and its licensors own the Service, software, AI orchestration, prompts, workflows, designs, documentation, branding, know-how and improvements, excluding Customer Data and third-party materials.

During the active Subscription Term, the Customer receives a limited, non-exclusive, non-transferable and revocable right to access and use the Service for its permitted internal business operations. No source code, model weights, provider accounts, system prompts or ownership rights are transferred.

The Customer owns or must have the rights needed for its logos, business content, job descriptions, pricing, documents and other materials supplied to On The Tools. The Customer grants On The Tools the rights reasonably required to display and process those materials through the Service.

22. Feedback and Aggregated Data

The Customer may provide feedback voluntarily. On The Tools may use that feedback without payment, provided it does not identify the Customer or disclose Customer confidential information or personal information contrary to the Privacy Policy.

On The Tools may create and use aggregated or de-identified statistics for security, product improvement, capacity planning, cost modelling, service quality and benchmarking, provided the information does not reasonably identify an individual or reveal the Customer’s confidential information.

23. Suspension

On The Tools may temporarily suspend all or part of the Service where reasonably necessary to address a material breach, overdue undisputed payment after notice, unlawful or unlicensed use, a credible threat or serious abusive conduct through the Service, security threat, harm to another person, provider compliance requirement, legal obligation or material threat to platform integrity.

Except for urgent circumstances, On The Tools will give notice, explain the reason and provide a reasonable opportunity to remedy the issue.

A suspension will be limited in scope and duration as far as reasonably practicable. On The Tools will restore affected access after the grounds are resolved, subject to payment of undisputed amounts and completion of reasonable remediation steps.

The Customer remains entitled to any remedy required by law where a suspension was not reasonably justified or was caused by On The Tools’ breach.

24. Termination for cause

Either party may terminate the agreement for a material breach that is not remedied within 14 days after written notice, or a longer reasonable period stated in the notice where the breach requires more time and the breaching party is diligently remedying it.

A party may terminate immediately for fraud, serious unlawful conduct, insolvency where permitted by law, a material breach that cannot reasonably be cured, or an urgent security or safety risk that makes continued service unreasonable.

On The Tools may terminate a plan or the Service for genuine business discontinuation by giving reasonable advance notice and, where the Customer has prepaid for an unused period, a fair pro-rata refund or comparable migration option.

25. Data export, retention and deletion after termination

The Customer should retain or export information it needs before cancellation. If requested before or within 30 days after the service end date, On The Tools will provide a reasonable export of available structured Customer Data in CSV format through the published support channel. Uploaded photos, documents and other binary files are not included in the CSV export unless separately agreed.

Available Customer Data may include account contacts, business configuration, conversation records, End Customer details, quote or site-visit status and booking records held in active systems. The export excludes system prompts, platform code, internal security and provider-cost records, privileged material, other customers’ information and third-party confidential information.

After the export window, On The Tools may delete, de-identify or render inaccessible Customer Data in accordance with the Privacy Policy, Data Retention and Secure Disposal Policy, legal holds and backup expiry cycles.

On The Tools may retain opt-out, billing, tax, fraud-prevention, security and legal records where reasonably necessary or required by law.

Deletion from active systems may occur before deletion from encrypted backups. Backup copies remain protected and expire under controlled cycles unless a legal hold applies.

26. Warranties and Australian Consumer Law

Each party warrants that it has authority to enter the agreement.

On The Tools warrants that it will provide the Service with due care and skill and materially in accordance with the Order and current documentation.

Nothing in the agreement excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded. A business customer may also have rights under the Australian Consumer Law, including where the price of the Service is below the applicable statutory threshold.

Where section 64A of the Australian Consumer Law or another applicable law permits liability for a failure to comply with a service guarantee to be limited, On The Tools may choose to supply the affected Service again or pay the reasonable cost of having the affected Service supplied again, to the extent reliance on that limitation is fair and reasonable and another remedy is not required by law.

Except where urgent action or a non-excludable right makes this inappropriate, the Customer must notify On The Tools promptly after becoming aware of a material service problem and give On The Tools a reasonable opportunity to investigate, correct, restore, re-supply or provide a workaround for the affected Service. The Customer must take reasonable steps to prevent avoidable loss from continuing or increasing.

27. Disclaimers

Subject to section 26, the Service is provided on an as-available basis. On The Tools does not guarantee that every missed-call event, call-forwarding event, AI response, SMS, quote pathway, site visit, booking, lead, notification, integration or carrier delivery will be captured, accurate, successful, uninterrupted, timely or suitable for every business purpose.

The Customer is responsible for deciding whether the Service is suitable for its business, reviewing its configuration, maintaining human oversight and business continuity, and performing all trade work safely and lawfully. These disclaimers do not excuse On The Tools from using due care and skill or from a verified failure within its reasonable control.

On The Tools does not guarantee any minimum number of enquiries, leads, quotes, site visits, bookings, jobs, customers, conversions, revenue, profit or savings. An End Customer’s failure to respond, cancellation, no-show, decision not to proceed, decision to use another provider, or other commercial outcome is not itself a failure of the Service.

The Customer acknowledges that software, artificial intelligence, internet services, telecommunications networks and third-party infrastructure can experience bugs, errors, filtering, outages, delays and configuration changes. The allocation of risk in these Terms reflects that the Service is a business-assistance tool rather than a guaranteed revenue or business-continuity mechanism.

28. Liability

Nothing in this section limits liability that cannot lawfully be limited, including applicable Australian Consumer Law remedies. Each limitation must be read down to the minimum extent necessary to remain lawful and fair.

Subject to the previous paragraph, neither party is liable for loss that is remote, speculative or not reasonably foreseeable, or to the extent caused by the other party’s failure to take reasonable steps to avoid or reduce the loss. A party is not liable to the extent the loss was caused by the other party, inaccurate instructions or configuration supplied by the other party, or an event or third party outside the first party’s reasonable control.

To the maximum extent permitted by law, On The Tools is not liable for anticipated or alleged loss of revenue, profit, income, bargain, opportunity, lead, quote, booking, job, customer relationship, goodwill or future business arising solely because a call, message, AI output, notification, enquiry or workflow was missed, delayed, filtered, interrupted, unsuccessful or did not convert into paid work. This exclusion does not limit a remedy that cannot lawfully be excluded.

For claims not listed as Excluded Claims, each party’s aggregate liability arising from or in connection with the agreement, whether in contract, tort (including negligence), statute or otherwise, is limited to the fees paid or payable for the Service during the 12 months immediately before the event giving rise to the claim, or any higher minimum amount required by law.

For claims arising from breach of confidentiality, privacy or security obligations, each party’s aggregate liability is limited to twice the amount described in the previous paragraph, except to the extent a higher or uncapped liability is required by law.

Excluded Claims are: payment obligations; fraud or wilful misconduct; death or personal injury caused by negligence; the intellectual-property indemnity in section 29; and any liability that cannot lawfully be limited. The Customer’s deliberate unlawful messaging, deliberate misuse of another person’s data or rights, and deliberate circumvention of platform protections are also Excluded Claims.

29. Indemnities and third-party claims

The Customer indemnifies On The Tools against a third-party claim and reasonable direct defence costs to the extent the claim is caused by the Customer’s or its personnel’s: unlawful messaging or marketing; misleading or inaccurate business, identity, eligibility or pricing information; unlicensed or otherwise unlawful trade conduct; defective, unsafe or damaging trade work; threatening, abusive, harassing or other unlawful conduct through the Service; breach of privacy or confidentiality obligations attributable to the Customer; infringement of another person’s rights; unlawful or unauthorised Customer Data; fraud or wilful misconduct; or deliberate material breach of section 11.

On The Tools indemnifies the Customer against a third-party claim that the unmodified Service, when used as permitted, infringes Australian intellectual-property rights. On The Tools may modify or replace the affected feature, obtain continued rights, or terminate the affected feature with a fair refund for any unusable prepaid period.

An indemnity does not apply to the extent the claim was caused or materially contributed to by the indemnified party’s breach, negligence, unlawful conduct, unauthorised modification or failure to follow reasonable instructions. The indemnified party must give prompt notice, reasonable cooperation and control of the defence, while retaining the right to participate at its own cost. No settlement may admit fault or impose a non-monetary obligation on the indemnified party without consent, not to be unreasonably withheld.

30. Complaints and disputes

A party raising a complaint must provide enough detail for the other party to investigate and state the outcome sought.

Operational complaints will be handled under the Customer Complaint Handling Policy. Privacy complaints will be handled under the Privacy Policy.

Before starting court proceedings, senior representatives will attempt in good faith to resolve the dispute for at least 10 business days after written notice. They may agree to mediation through an appropriate Australian mediator or small-business dispute service.

This section does not prevent urgent injunctive relief, debt recovery for an undisputed amount, or a complaint or application to a regulator, tribunal or court where that right cannot be restricted.

31. Changes to the Service, plans and Terms

On The Tools may make reasonable changes to improve or maintain the Service, replace or reconfigure providers, or respond to security, legal, telecommunications, provider, integrity or operational requirements. Changes must not retrospectively impose charges or remove accrued rights.

Material adverse changes to these Terms or a paid plan will be notified in advance, normally at least 30 days before taking effect, unless urgent law, security or provider action requires a shorter period.

A material adverse change will not substantially reduce a prepaid fixed-term service without a reasonable remedy, such as continued access for the term, a comparable replacement, a service credit or a pro-rata refund.

For month-to-month plans, the Customer may cancel before a notified material change takes effect. Continued use after the effective date indicates acceptance only where reasonable notice and a meaningful cancellation opportunity were provided.

32. General

Assignment: neither party may assign the agreement without consent, not to be unreasonably withheld, except to an affiliate or as part of a genuine sale, merger or restructure with notice and no material reduction in protection.

Subcontracting: On The Tools may use subcontractors and Third-Party Services but remains responsible for its obligations under the agreement.

Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control, including widespread telecommunications or carrier outages, internet or cloud-service failures, upstream provider outages, cyberattacks not caused by a failure to use reasonable safeguards, natural disasters, government action, industrial disruption or other comparable events, if it takes reasonable steps to reduce the impact, restore performance and communicate material disruption. Amounts already due remain payable.

Notices: contractual notices may be sent to the account email, through the Account, to ott.legal@unlockai.au or through another published notice channel. A party must keep its notice details current.

Relationship and underlying trade contract: the agreement does not create employment, partnership, franchise or fiduciary relationship. On The Tools communicates with End Customers as a technology service provider acting on the Customer’s instructions. On The Tools is not the provider, principal, contractor or guarantor of the underlying trade work and does not become a party to the Customer’s quote, booking, work order or contract with an End Customer merely because the Service communicates or records it.

Severability and reading down: if a provision is invalid or unenforceable, it is severed or read down only to the minimum extent necessary, without affecting the remainder of the agreement where lawful.

Waiver: failure or delay in enforcing a right is not a waiver.

Survival: payment, confidentiality, intellectual property, data handling, liability, indemnity, dispute resolution and any other provision intended by its nature to continue will survive termination.

Electronic communications: the Customer agrees to receive this agreement, invoices, notices and service communications electronically at the account email or through the Service. This does not constitute consent to receive marketing messages.

Entire agreement: the agreement described in section 1 contains the entire agreement between the parties about the Service and replaces earlier discussions or representations about the same subject, except for fraud and rights that cannot lawfully be excluded.

Governing law: the laws of Victoria, Australia apply, and the parties submit to the courts of Victoria and competent Commonwealth courts, subject to any non-excludable right to use another court, tribunal or regulator.

33. Contact

Legal and privacy contact: ott.legal@unlockai.au. General support and account requests are available through the contact page on the On The Tools website and available in-account channels. Subscription cancellation is available through the Cancel subscription button in the dashboard, with the support channel available if that function is unavailable.