Chaty Terms and Conditions (Including Privacy)

Last Updated: 20/03/2025

These Terms and Conditions (“Terms”) govern your use of the Chaty service. By signing up for or using Chaty, you agree to these Terms. If you do not agree, please do not use the service. These Terms form a binding agreement between you (“Customer” or “you”) and Chaty (“we” or “us”). Australian law governs these Terms.

1. Service Description

What Chaty Provides

Chaty is an AI-powered virtual phone assistant for businesses.
The service answers incoming phone calls on your business’s behalf, routing calls, providing answers, and handling booking tasks through approved integrations (e.g., Rezdy). Chaty functions as an “always-on” automated receptionist, offering professional responses based on the information and scripts you provide.

Optional SMS Feature
If enabled on your account, and where requested by a caller, Chaty may send SMS (text) messages to callers containing information they have asked for during a call, such as:

• Map links or directions

• Website or booking links

• Food or drink menus

• Event details or other business information

SMS messages are only sent where the caller has explicitly consented (see Section 9).

2. Account Setup and Eligibility

1. Eligibility

   • You must be at least 18 (or the age of majority in your jurisdiction) and have the legal authority to enter into these Terms.
   • You must provide accurate, complete information about your business.

2. Signing Up for Others

   • If you are creating or managing a Chaty account on behalf of another individual or entity (e.g., a client), you represent that you have obtained their permission and that they have consented to these Terms (including the Privacy provisions in Section 9).
   • You are responsible for ensuring all parties involved understand how Chaty operates and how data will be collected.

3. Account Security

   • You are responsible for keeping your login details secure. If you suspect unauthorized activity, please notify us immediately.

3. Fees and Payment Terms

1. Subscription & Overage Charges

   • Chaty is offered on a subscription basis with a monthly fee plus overage charges if you exceed your plan’s call limit.
   • Plans and pricing are listed on our website, including included calls per month and per-call overage rates.

2. No Refunds & Cancellation

   • All payments are non-refundable. If you cancel partway through a billing cycle, you still pay for the full period.
   • Upon cancellation, your access continues until the end of the current paid billing cycle.
   • We reserve the right to adjust fees with prior notice. Continued use after changes take effect constitutes acceptance.

3. Payment Processing

   • Payments are processed via Stripe (or a similar third-party processor).
   • You must keep your payment information current.
   • If payment fails, we may suspend or terminate your account until the situation is resolved.

4. Acceptable Use and User Obligations

By using Chaty, you agree to:

• Use Chaty lawfully and responsibly.
• Provide accurate information for Chaty’s prompts and caller interactions.
• Not misrepresent your identity or engage in fraudulent, illegal, or harmful activities.
• Not attempt to hack, disrupt, or overload the service, or configure Chaty to generate harassing or offensive content.
• Respect integration rules for third-party platforms (e.g., booking systems).

5. Termination of Service

1. By You (Cancellation)

   • You may cancel at any time.
   • Cancellation takes effect at the end of the current billing cycle.
   • No refunds are given for partial months.

2. By Us (Termination or Suspension)

   • We may suspend or terminate your account immediately if you misuse the service, misrepresent yourself, engage in fraud, or otherwise breach these Terms.
   • We may also terminate if required by law or if continuing service poses undue risk.

3. Effects of Termination

   • Service stops; data may be deleted per our data retention policies (see Privacy, Section 9).
   • Any fees incurred prior to termination remain due.
   • No pro-rated refunds will be issued.

6. Service Level Commitment

• We aim for 99% uptime monthly.
• This excludes scheduled maintenance, external factors beyond our control, or disruptions in third-party services.
• If Chaty falls below 99% uptime, we will investigate and remedy promptly; any potential credits are at our discretion and do not override the Limitation of Liability in Section 9.

7. Third-Party Integrations and Services

1. Integrations
   • You can connect Chaty to third-party platforms (e.g., Rezdy). By doing so, you grant Chaty permission to access and transmit necessary data to fulfill your requests.
2. No Guarantee of Third-Party Uptime
   • We cannot guarantee third-party platforms’ availability or functionality.
3. Your Responsibility
   • Any disputes or issues with third-party services remain between you and that third party.
   • You must ensure you follow any third-party terms of use.

8. Disclaimer of Warranties

• Except for the stated 99% uptime target, Chaty is provided on an “as is” and “as available” basis.
• We do not guarantee that Chaty will meet all your requirements or that it will be error-free.
• To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Privacy and Data Collection

9. Privacy and Data Collection

9.1 What We Collect

Caller Information

Chaty captures phone numbers and any information callers provide to the AI. This may include names, email addresses, booking details, and other information volunteered by the caller.

SMS (Text Message) Communications

If the SMS feature is enabled and a caller requests information to be sent via text message, Chaty may collect and use the caller’s phone number for the sole purpose of sending that requested information.

Chaty will only send SMS messages where the caller has given clear and explicit consent during the call.
No marketing or promotional SMS messages are sent unless separately agreed by the business and permitted by law.

Credit Card Handling

We do not store credit card details. Chaty complies with PCI requirements to ensure that if such details are temporarily handled, they are processed securely.

Transcriptions

Chaty transcribes calls so you (the account owner) can review them.
You control how long transcripts are stored (e.g., 30 days, 90 days). We may enforce certain data retention limits if required by law.

9.2 How We Use the Data

Service Provision

To route calls, provide information, perform tasks like making bookings via integrations, and (where enabled and consented to) send SMS messages requested by callers.

SMS Content

SMS messages sent by Chaty are limited to information requested by the caller during the call (e.g., links, directions, menus, booking URLs).

Service Improvement

Chaty may analyse call transcripts to suggest improvements or detect recurring questions, helping optimize AI responses.

Caller Recognition

If you opt to store names and prior interactions, Chaty can recognize returning callers by matching phone numbers, offering a more seamless experience.

9.3 SMS Numbers and Sender Identification

Chaty may send SMS messages from the following numbers or identifiers:

• United States: +1 844 453 3919

• Australia: +61 480 098 589

• Australia & New Zealand SMS Sender ID / Short Code: Chaty

These numbers and identifiers are used solely for service-related communications requested by callers.

9.4 Sharing and Disclosure

Third-Party Integrations

We share relevant caller information with your connected platforms only as needed to fulfill the requested service (e.g., booking software).

No General Data Sales

We do not sell or disclose personal data for commercial gain.

Legal Compliance

We may disclose data if legally required (e.g., in response to a court order), and will attempt to notify you unless prohibited by law.

9.5 Data Storage & Location

AWS & Supabase

We use these platforms for hosting data. Data may reside on servers in the USA or Australia.

Security Measures

We employ reasonable safeguards (e.g., encryption, access controls).
Absolute security cannot be guaranteed.

Your Retention Settings

You decide how long to store transcripts.
If a law mandates certain retention or deletion timelines, we may require you to follow those.

9.6 Your Responsibilities

Obtaining Caller Consent

You are responsible for ensuring callers are informed that:

• Calls may be recorded and transcribed, and

• SMS messages may be sent only with their consent if they request information by text.

Chaty relies on your configuration and scripts to support lawful consent practices.

Local Privacy and Communications Laws

You must comply with all applicable privacy, telecommunications, and messaging laws (including consent requirements for SMS communications).

Accuracy & Lawfulness

You must lawfully collect and use data provided through Chaty.

Deletion Requests

If a caller requests data deletion, you must handle that request. We can assist with removing data from Chaty if needed, but rely on your instructions.

10. Limitation of Liability

1. Cap on Liability
   • To the fullest extent permitted by law, Chaty’s total liability for any claim relating to these Terms or the service is limited to the amount you have paid us in the past 12 months.
2. No Indirect Damages
   • We are not liable for indirect, incidental, special, consequential, or punitive damages (e.g., lost profits, data loss).
3. Jurisdictional Nuances
   • Some regions do not allow certain liability exclusions. Our liability is limited to the extent permitted by law in your jurisdiction.

11. Indemnification

You agree to indemnify and hold harmless Chaty (and our affiliates, directors, employees, etc.) from any claims, damages, or costs (including legal fees) arising out of:

• Your breach of these Terms.
• Your misuse of Chaty or illegal activities.
• Your violation of any applicable laws or third-party rights.

12. Dispute Resolution

1. Contact Us First
   • If you have a dispute, please contact us. We will attempt to resolve it amicably within 30 days before proceeding to formal action.
2. Governing Law & Jurisdiction
   • These Terms are governed by Australian law.
   • Any legal proceedings must be brought in the courts of Queensland, Australia.

13. General Provisions

1. Changes to These Terms
   • We may update these Terms occasionally. If we make significant changes, we will notify you (e.g., via email or an in-service alert).
   • Continued use of Chaty after changes means you accept the updated Terms.
2. Entire Agreement
   • These Terms form the complete agreement, including privacy provisions contained herein. They supersede any prior agreements or understandings.
3. Severability
   • If any part of these Terms is found invalid, the remainder remains in full effect.
4. No Waiver
   • Our failure to enforce any provision is not a waiver.
5. Assignment
   • You cannot transfer your rights under these Terms without our consent. We may assign our rights (e.g., in a merger or acquisition).
6. Force Majeure
   • We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, internet outages).
7. Notices
   • Formal notices may be delivered by email or posted on our site. Please keep your contact info up to date.

15. Use of Customer Branding for Marketing

15.1 License to Use Customer Marks. To the extent permitted by applicable law, you grant Chaty a non-exclusive, royalty-free, worldwide, revocable licence to use your company name, logo, trademarks and branding (“Customer Marks”) in connection with marketing and promotional activities for the Chaty service. This licence includes, but is not limited to, use on Chaty’s website, in pitch materials, case studies, social media, presentations and promotional campaigns.

15.2 Consent and Approval. Chaty will not use any Customer Marks in a manner that would reasonably be expected to harm your reputation or in a way you have expressly prohibited. You may withdraw or limit this licence at any time by providing written notice to Chaty (in which case Chaty will cease further use of the affected Customer Marks within a reasonable timeframe).

15.3 No Endorsement. While Chaty may reference you as a customer or user of the Chaty service, nothing in this clause shall be construed as implying that you endorse Chaty’s products or services beyond your use of the service itself.

15.4 Ownership of Marks. All rights, title and interest in and to the Customer Marks remain with you. Chaty acknowledges that it acquires no ownership or other rights in your intellectual property except for the rights expressly granted in this clause.

14. Contact Information

• Questions or Concerns: If you have questions about these Terms or how Chaty handles data, please contact us through our website or by phone at 1300 4 CHATY
• Business Address: 2/486 Scottsdale Drive, Varsity Lakes, QLD, 4227

By using Chaty, you acknowledge you have read, understood, and agree to all these Terms (including Privacy). If you do not agree, do not use Chaty.

Thank you for choosing Chaty for your AI-powered call handling!