Terms of Service

1. Agreement to Terms

By accessing or using Umbrosa's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

Umbrosa is a service provided by Umbrosa, a business registered in Australia.
ABN: 69 972 302 546
Contact: contact@umbrosa.com.au

2. Description of Services

Umbrosa provides AI voice agent services, including:

• 24/7 AI-powered call answering and routing
• Call transcription and recording
• Integration with third-party systems (CRM, calendars, Google Sheets)
• Lead capture and qualification
• Appointment scheduling
• Custom voice persona training

3. Service Plans and Fees

3.1 Pricing Tiers

We offer three service plans:

• Starter: $299/month + $500 setup fee (up to 100 calls)
• Professional: $699/month + $750 setup fee (up to 500 calls)
• Enterprise: $1,449/month + $1,500 setup fee (unlimited calls)

3.2 Payment Terms

• Fees are charged monthly in advance
• Setup fees are one-time charges billed at service commencement
• Payment is processed via Stripe (credit card or direct debit)
• Annual billing eligible for 10% discount
• Pricing may change with 30 days' written notice

3.3 Overages

If you exceed your monthly call limit, additional calls are billed at $2.50 each (Starter) or $2.00 each (Professional). Enterprise plans include unlimited calls.

4. Cancellation and Termination

4.1 By You (Cancellation)

• You may cancel at any time with 30 days' written notice
• Notice must be sent to contact@umbrosa.com.au
• You'll be charged for the notice period (30 days)
• After cancellation, you can export your data within 30 days
• Setup fees are pro-rated and refunded for unused months (12-month amortization period)

4.2 By Us (Termination)

We may suspend or terminate your service if:

• You breach these Terms and fail to remedy within 7 days
• You use the service for illegal or fraudulent purposes
• Payment is declined or overdue by more than 14 days
• You abuse the service (e.g., excessive call volumes, harassment)

5. Your Responsibilities

As a customer, you agree to:

• Provide accurate information when signing up
• Inform callers that calls are being recorded (where legally required)
• Obtain necessary consents for call recording
• Use the service for lawful business purposes only
• Not use the service to harass, spam, or mislead callers
• Maintain security of your account credentials
• Comply with all applicable laws (including Spam Act, Do Not Call Register)

6. Service Level Agreement (SLA)

6.1 Uptime Commitment

We strive to maintain 99.5% uptime for our AI voice services. Scheduled maintenance will be notified at least 48 hours in advance and will not count against uptime.

6.2 Support Commitments

• Starter: Email support, 24-hour response time
• Professional: Priority email + phone support (9-5 AEST), 12-hour response
• Enterprise: 24/7 dedicated support, 4-hour response

6.3 Service Credits

If uptime falls below 99.5% in a month (excluding scheduled maintenance), you may request a service credit equal to 10% of that month's fees for each 0.1% below 99.5%.

7. Intellectual Property

7.1 Our Property

Umbrosa retains ownership of:

• Software, code, and technology powering our services
• Website design and content
• Brand names, logos, and trademarks
• Proprietary AI models and training data

7.2 Your Property

You retain ownership of:

• Your business data (CRM, calendars, customer lists)
• Call recordings and transcripts
• Custom voice personas trained for your business

You grant us a license to use your data solely to provide the services. We never claim ownership of your data.

8. Warranty and Liability

8.1 No Warranties

The service is provided "as is" without warranties of any kind, whether express or implied. We do not guarantee:

• Uninterrupted or error-free operation
• That the AI will correctly interpret every call
• That results will meet your specific expectations

8.2 Limitation of Liability

To the maximum extent permitted by law, our liability is limited to the fees you paid in the 12 months before the claim. We are not liable for lost profits, lost business opportunities, or consequential damages.

9. Data Protection and Privacy

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.

By using our services, you consent to the processing of your data as described in the Privacy Policy, including call recording and transcription.

10. Indemnification

You agree to indemnify and hold Umbrosa harmless from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Your misuse of the service
• Your violation of applicable laws or third-party rights
• Claims related to call recording (e.g., failure to obtain consent)

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved in NSW courts.

11.2 Resolution Process

If you have a dispute:

1. Contact us at contact@umbrosa.com.au to attempt informal resolution
2. If unresolved, either party may refer the dispute to NSW Fair Trading for mediation
3. As a last resort, either party may commence proceedings in NSW courts or tribunals

12. Australian Consumer Law

13. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Umbrosa
• Severability: If any provision is found unenforceable, the remainder remains in force
• Waiver: Failure to enforce any provision does not constitute a waiver
• Assignment: You may not assign these Terms without our written consent
• Changes: We may modify these Terms with 30 days' notice

14. Contact Us

If you have questions about these Terms, please contact us: