--- title: "Terms of service" description: "The agreement between RemotIQ Pty Ltd and customers of the Firetone voice platform: service, fees, responsibilities, liability and termination." url: https://firetone.com.au/legal/terms site: Firetone provider: RemotIQ Pty Ltd keywords: "terms of service, SaaS agreement, voice platform terms" --- # Terms of service These terms govern your use of Firetone. They are written plainly, but they are a contract — read them before you sign an order form. ## The agreement These terms are between RemotIQ Pty Ltd (ABN 91 682 628 128) and the entity named on the order form or trial request. Together with that order form and the acceptable use policy, they form the whole agreement. If you are accepting these terms, you are confirming you have authority to bind that entity. Where an order form and these terms conflict, the order form prevails. ## What we provide The service is whichever modules your order form names: - Office PBX and voicemail - Outbound engine — voice broadcasting and predictive dialing - Inbound campaigns — IVR, queues and skills-based routing - The AI engine, across whichever of the above you have - Deployment in cloud, on-premise or hybrid form, as agreed ## Trials A trial gives you one module, ten seats and the full AI feature set for fourteen days, unless we agree otherwise in writing. Trials do not convert automatically, and no payment method is required to start one. Trials are provided as-is. The availability commitments below do not apply to them. At the end of a trial we delete the tenant and its data unless you ask us to keep it. ## Your responsibilities Using a voice platform puts real obligations on you rather than on us: - Comply with the acceptable use policy, and make sure your users do - Obtain any consent your calls, recordings and messages require by law - Maintain your own do-not-call and suppression lists and keep them current - Keep account credentials secure and tell us promptly if they are compromised - Ensure your network and endpoints meet the requirements we specify - Hold any licence or registration your own industry requires ## Fees and billing Fees are per seat and per minute, as set out in your order form, and are billed [billing cycle to be confirmed] in [advance or arrears — to be confirmed]. Unless stated otherwise, fees exclude GST. We may change list pricing on [notice period to be confirmed] written notice. A change does not affect the pricing of a term already committed on an order form. ## Numbers, carriage and third parties You can use your own SIP trunks or acquire numbers and minutes through us. Where you use your own carrier, that relationship and its charges are yours, and we are not responsible for their performance. Number porting depends on the losing carrier and is not something we can guarantee a date for. Numbers acquired through us remain subject to the allocation rules that apply to them. ## Availability and support We contract to 99.95% platform uptime, measured and remedied as set out in the service level agreement attached to your order form. Scheduled maintenance is notified in advance and excluded from that measurement. Support hours, response targets and escalation paths are those stated in your order form. Where you resell Firetone, you provide first-line support to your own customers. ## Your data stays yours You own your customer data, including recordings, transcripts, contact lists and the outputs generated from them. We claim no ownership of it, and we do not use it to train models shared with other customers. We own the platform and everything in it, including any improvements suggested by you. You get a non-exclusive, non-transferable right to use the service during your term, and nothing more. ## Warranties, and what Australian law does not let us exclude We warrant that we will provide the service with reasonable care and skill. Beyond that and beyond anything stated in your order form, the service is provided as-is. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where we are permitted to limit liability for a breach of such a guarantee, our liability is limited to resupplying the service or paying the cost of resupply. ## Liability Subject to the section above, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or anticipated savings, however caused. Subject to the section above, each party's total liability in any twelve-month period is capped at the fees paid or payable under the agreement in that period. This cap does not apply to your payment obligations, your indemnity below, or either party's breach of confidentiality. ## Indemnity You indemnify us against claims, penalties and reasonable costs arising from your use of the service in breach of the acceptable use policy or applicable law — in particular claims about calls placed, messages sent, recordings made, or consent you did not hold. We indemnify you against claims that the platform infringes an Australian intellectual property right, provided you tell us promptly and let us control the defence. ## Suspension and termination We may suspend the service immediately where use threatens the platform's integrity, breaches the acceptable use policy, or exposes us to legal risk. We will tell you why, and restore service once the cause is resolved. Either party may terminate for material breach not remedied within thirty days of written notice, or where the other becomes insolvent. On termination you may export your data for thirty days, after which we delete it. ## Changes, notices and governing law We may update these terms on [notice period to be confirmed] notice. If a change materially reduces your rights, you may terminate before it takes effect. Notices go to the addresses on the order form. This agreement is governed by the laws of [state or territory to be confirmed], Australia, and both parties submit to the courts of that jurisdiction. ## Keep reading - [Acceptable use policy](https://firetone.com.au/legal/acceptable-use) — The rules these terms require you to follow. - [Privacy policy](https://firetone.com.au/legal/privacy) — How personal information is handled. - [Contact us](https://firetone.com.au/contact) — Questions about an order form or an SLA.