Terms & Conditions

1. Acceptance of Terms

By accessing or using the services provided by Akima Automations (ABN 80 561 472 069) (“Akima Automations”, “we”, “us”, or “our”), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree, please do not use our services or website.

2. About Us

Akima Automations is an ABN-registered Australian business based in Sydney, New South Wales. We provide AI-powered automation, custom software development, and cloud infrastructure services to businesses across Australia. You can contact us at hello@akimaautomations.com.au.

3. Services Description

Akima Automations offers the following services:

• Ahoy AI Voice Assistant: An intelligent voice assistant that answers inbound calls, books appointments, handles FAQs, and integrates with your existing business systems.
• Custom Software Development: Bespoke web applications, internal tools, and software solutions tailored to your business requirements.
• Cloud & DevOps: Cloud infrastructure setup, management, CI/CD pipelines, and deployment automation.
• CRM Integration: Configuration and integration of customer relationship management platforms with your existing workflows.
• AI & Machine Learning: Custom AI models, natural language processing, and machine-learning solutions for business automation.
• Workflow Automation: End-to-end business process automation connecting your existing tools and platforms.

Service specifications, deliverables, and timelines are agreed upon in individual project proposals or service agreements.

4. Ahoy AI Voice Assistant — Specific Terms

AI Disclosure: Ahoy is an artificial intelligence voice assistant, not a human. Callers will be informed at the start of each call that they are interacting with an AI assistant. Clients must not disable, circumvent, or instruct the agent to suppress or misrepresent this disclosure.

Call Recording & Transcription: Calls handled by Ahoy may be recorded and transcribed for quality assurance, service improvement, and to fulfil booking/enquiry requests. By using the Ahoy service, clients acknowledge that callers to their business will be informed of recording at the start of each call.

Call Data: Data collected during calls includes voice recordings, transcripts, caller phone numbers, call duration, and post-call analysis (e.g., call summary, sentiment). This data is processed by third-party providers and stored securely.

Acceptable Use Policy

Clients deploying Ahoy must comply with all applicable laws, including but not limited to:

• The Telecommunications Act 1997 (Cth) and associated regulations
• The Spam Act 2003 (Cth)
• The Do Not Call Register Act 2006 (Cth) for any outbound use
• Applicable state and territory surveillance and recording legislation, including the Surveillance Devices Act 2007 (NSW) and equivalent laws in other jurisdictions

Call Recording Consent: Clients are responsible for ensuring that call recording complies with all applicable consent requirements under Australian law. All-party consent may be required in certain jurisdictions. Ahoy provides a disclosure at the start of each call; however, clients must satisfy themselves that this disclosure (and any additional disclosures they choose to implement) is sufficient to meet their legal obligations, including any requirement for all-party consent that may apply in certain jurisdictions.

Prohibited Uses: You must not use Ahoy, or permit it to be used, for any of the following purposes:

• Unsolicited outbound telemarketing, spam calling, or robocalling in contravention of the Spam Act 2003 or the Do Not Call Register Act 2006
• Impersonating a real person, organisation, or government body, or otherwise engaging in deceptive conduct
• Creating, generating, or using AI voice clones or synthetic voices that imitate or are reasonably capable of being understood as imitating a real person without that person’s express written consent
• Contacting emergency services (000, 112, or international equivalents)
• Fraud, harassment, stalking, threats, or any other unlawful activity
• Circumventing or suppressing the AI disclosure or call recording notification
• Scraping, harvesting, or aggregating caller data for purposes unrelated to the client’s legitimate business operations

DNC Register Compliance: If Ahoy is configured for any outbound calling functionality, clients are solely responsible for scrubbing their call lists against the Australian Do Not Call Register and maintaining compliance with the Do Not Call Register Act 2006 (Cth).

Consequences of Violation: Akima Automations reserves the right to immediately suspend or terminate your access to Ahoy without notice and without refund if we reasonably determine that you have breached this Acceptable Use Policy. We may, where appropriate, report any actual or suspected unlawful conduct to relevant law enforcement, regulatory, or other authorities and cooperate with their enquiries or investigations.

Caller Interaction & Consent: Ahoy identifies itself as an AI assistant and informs callers that the call is being recorded at the start of each call. By continuing the call after this disclosure, callers are deemed to have consented to the interaction and recording. Callers may request to end the call or be transferred to a human representative at any time.

Unknown & Unsolicited Calls: Ahoy answers all inbound calls to the configured phone number, including calls from unknown, withheld, or unrecognised numbers. Akima Automations is not responsible for the content of spam, robocalls, or other unsolicited calls handled by the service. Data from such calls is retained in accordance with the retention periods set out in our Privacy Policy.

Human Escalation: If a caller requests to speak with a human, Ahoy will attempt to transfer the call to a designated phone number (if configured by the client) or take a message for follow-up. Clients are responsible for configuring their escalation preferences and ensuring a human contact is available during business hours where required.

Emergency Disclaimer: Ahoy is not an emergency service and is not a substitute for dialling emergency services. Callers who require urgent assistance should dial 000 (Australia) or their local emergency number. Akima Automations accepts no liability for any outcomes arising from emergency-related calls handled by Ahoy.

5. Third-Party Service Providers

Our services may rely on, integrate with, or otherwise utilise third-party platforms, products, and technologies, including but not limited to artificial intelligence and machine learning platforms, cloud hosting providers, customer relationship management systems, and telephony infrastructure providers.

These third-party services are governed by their own terms of service and privacy policies. We select reputable providers and take reasonable steps to ensure they meet applicable standards, however, to the extent permitted by law (and subject to your rights under Australian Consumer Law), Akima Automations is not liable for outages, data loss, or service interruptions caused by third-party providers beyond our reasonable control.

6. Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

If our services come with guarantees that cannot be excluded under Australian Consumer Law, we are entitled to limit our liability for a failure to comply with any such guarantee to the re-supply of the services or the payment of the cost of having the services re-supplied.

7. Payment Terms

• Ahoy Voice Assistant: Ahoy is offered across tiered subscription plans (currently Starter, Growth, and Professional) with monthly pricing starting from $199 AUD (exclusive of GST). Each plan includes a specified number of inbound call minutes per calendar month. Current plan details and pricing are published on our pricing page. Usage beyond the included allowance is billed at the per-minute overage rate specified for your plan. We will notify clients before any additional charges apply.
• Minimum Commitment: Ahoy subscriptions require a minimum commitment period as specified for your selected plan (currently 3 to 12 months depending on the plan). There are no setup fees. The minimum commitment period begins on the date your subscription is activated.
• Annual Billing: Clients may opt for annual billing at a discounted rate. Annual billing terms, including any discount, are specified at the time of purchase and in the service agreement.
• Custom Projects: Quoted on a per-project basis. Payment milestones and schedules are outlined in individual project proposals.

All prices are in Australian Dollars (AUD). Invoices are due within 14 days of issue unless otherwise agreed in writing.

All prices quoted are exclusive of GST and are intended for business customers. If GST applies, it will be itemised on your invoice.

Late Payment: If an invoice is not paid within 14 days of its due date, we may charge interest on the outstanding amount at a rate of 2% per month (or the maximum rate permitted by law, whichever is lower), calculated daily from the due date until payment is received in full. We will provide at least 7 days’ written notice before suspending services for non-payment. You agree to pay all reasonable costs incurred by us in recovering overdue amounts, including debt collection fees and legal costs.

8. Cancellation & Refunds

• During Minimum Commitment: If you cancel your Ahoy subscription before the end of your minimum commitment period, an early termination adjustment may apply. This adjustment is calculated as 50% of your monthly fee multiplied by the number of months remaining in the commitment period. This amount represents a genuine pre-estimate of loss incurred by Akima Automations and is disclosed to you prior to entering into the service agreement.
• After Minimum Commitment: Once your minimum commitment period has been fulfilled, you may cancel your subscription at any time with 30 days’ written notice. No refunds are provided for partial billing periods.
• Annual Billing: Annual prepaid subscriptions are non-refundable after the first 14 days unless required by Australian Consumer Law. You may choose not to renew at the end of your annual term.
• Custom Projects: Cancellation terms are specified in individual project agreements. Work completed prior to cancellation is billable.

Refund entitlements under Australian Consumer Law are not affected by these terms. If you believe you are entitled to a refund under ACL, please contact us.

9. Intellectual Property

Unless otherwise agreed in writing, intellectual property in custom-developed software is assigned to the client upon full payment. Akima Automations retains all right, title, and interest in its underlying proprietary tools, frameworks, and pre-existing code, including any improvements or enhancements to them.

All content on this website, including text, graphics, logos, icons, images, layouts, interfaces, and underlying code, is the property of Akima Automations and is protected by Australian and international intellectual property laws.

Feedback Licence: If you provide us with feedback, suggestions, ideas, or recommendations regarding our services (“Feedback”), you grant Akima Automations a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, modify, and incorporate such Feedback into our services without restriction or obligation to you.

Competitive Use Restriction: You must not use any AI-generated content obtained through our services — including but not limited to call recordings, transcripts, post-call summaries, and voice data — to develop, train, fine-tune, or improve any artificial intelligence or machine learning model that competes with our services or those of our technology providers.

Trademark Usage: By engaging our services, you grant Akima Automations a non-exclusive, revocable licence to use your company name and logo in our marketing materials, case studies, and client lists for the purpose of identifying you as a client. You may revoke this licence at any time by providing 30 days’ written notice.

10. Limitation of Liability

To the maximum extent permitted by law, the total aggregate liability of Akima Automations for all claims, losses, damages, costs, and expenses arising out of or in connection with these terms or the services (whether in contract, tort including negligence, statute, equity, or otherwise), is limited, in respect of all events occurring in any 12-month period, to an amount equal to the total fees paid by you in the 12-month period immediately preceding the event giving rise to the claim.

To the maximum extent permitted by law, Akima Automations will not be liable to you (whether under contract, tort including negligence, statute, equity, or otherwise) for any:

• indirect, incidental, special, or consequential loss or damage; or
• loss of profits, revenue, anticipated savings, opportunity, business, goodwill, reputation, or data,

arising out of or in connection with the services or these terms.

11. Warranty Disclaimer

To the maximum extent permitted by law and subject to your rights under Australian Consumer Law, our services are provided on an “as is” and “as available” basis. Akima Automations makes no warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Without limiting the foregoing, Akima Automations does not warrant that: (a) the services will meet your specific requirements; (b) the services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the services will be accurate or reliable; or (d) any AI-generated content, including call transcripts, summaries, and responses, will be free from errors or omissions.

Nothing in this section excludes or limits any guarantee, right, or remedy that cannot be excluded or limited under the Australian Consumer Law.

12. Privacy and Data Security

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Security Commitment: Akima Automations implements and maintains reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of your data. These include encryption of data in transit and at rest, role-based access controls, regular security assessments, and secure hosting with reputable infrastructure providers. We require our third-party service providers to maintain substantially similar security standards.

13. Service Availability

We endeavour to maintain the availability of our services but do not guarantee uninterrupted or error-free operation. We may temporarily suspend services for maintenance, updates, or circumstances beyond our reasonable control.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these terms where such failure or delay results from circumstances beyond that party’s reasonable control (“Force Majeure Event”), including but not limited to: acts of God, pandemic or epidemic, war, terrorism, civil unrest, government action or regulation, fire, flood, earthquake, severe weather, failure of telecommunications or internet infrastructure, cyberattacks, power outages, industrial action, or the failure or unavailability of third-party services upon which our services depend.

The affected party must promptly notify the other party of the Force Majeure Event and use reasonable endeavours to mitigate its effects. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate the affected services by providing written notice, without liability for such termination.

15. Beta and Trial Services

From time to time, Akima Automations may offer beta, pilot, or trial versions of its services (“Beta Services”). Beta Services are provided on an “as is” basis without any warranty, service level commitment, or guarantee of continued availability.

We may modify, suspend, or discontinue Beta Services at any time without notice. Data created or stored during a beta or trial period may not be retained after the trial concludes. To the maximum extent permitted by law and subject to your rights under Australian Consumer Law, our liability in connection with Beta Services is limited to re-supplying the services.

16. High-Risk Use Disclaimer

Our services, including the Ahoy AI Voice Assistant, are not designed or intended for use in high-risk environments or applications where failure could lead to death, personal injury, or significant property or environmental damage. This includes, without limitation: medical or healthcare diagnosis and treatment, aviation or air traffic control, nuclear facility operations, critical national infrastructure, autonomous vehicle operation, emergency dispatch, or any other application where the consequences of error or failure would be severe.

To the maximum extent permitted by law and subject to your rights under Australian Consumer Law, Akima Automations expressly disclaims all liability for any use of our services in such high-risk environments.

17. Indemnification

Subject to your rights under Australian Consumer Law, you agree to indemnify and hold harmless Akima Automations and its officers, employees, and agents from any claims, losses, damages, or reasonable expenses directly arising from your breach of these terms or your unlawful or unauthorised use of our services.

18. Governing Law and Dispute Resolution

These terms are governed by the laws of New South Wales, Australia.

Informal Resolution: Before commencing any formal proceedings, the parties agree to attempt to resolve any dispute arising out of or in connection with these terms through good-faith negotiation for a period of at least 30 days from the date one party notifies the other in writing of the dispute.

Mediation: If the dispute is not resolved through informal negotiation, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in Sydney, New South Wales, in accordance with the ADC’s mediation rules. The costs of mediation shall be shared equally between the parties.

Court Proceedings: If the dispute is not resolved through mediation within 60 days of the mediation referral, either party may commence court proceedings in the courts of New South Wales. Nothing in this section prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction at any time.

19. Changes to Terms

We may update these terms from time to time. Material changes will be communicated via our website. Your continued use of our services after changes are posted constitutes acceptance of the updated terms.

20. Data Breach Notification

In the event of an eligible data breach involving your personal information, we will notify you and the Office of the Australian Information Commissioner (OAIC) in accordance with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth).

21. Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed or read down to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

22. Assignment

You may not assign or transfer your rights or obligations under these terms without the prior written consent of Akima Automations. We may assign our rights and obligations under these terms to a successor in the event of a merger, acquisition, corporate restructure, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these terms.

23. Survival

The following sections shall survive the expiration or termination of these terms: Section 9 (Intellectual Property), Section 10 (Limitation of Liability), Section 11 (Warranty Disclaimer), Section 14 (Force Majeure), Section 17 (Indemnification), Section 18 (Governing Law and Dispute Resolution), Section 21 (Severability), and this Section 23.

24. Entire Agreement and Waiver

These terms, together with any applicable service agreement and our Privacy Policy, constitute the entire agreement between you and Akima Automations with respect to our services and supersede all prior or contemporaneous communications, whether written or oral.

No failure or delay by either party in exercising any right or remedy under these terms shall constitute a waiver of that right or remedy. A waiver of any right or remedy on one occasion shall not be deemed a waiver of that right or remedy on any subsequent occasion.

25. Contact Information

If you have any questions about these terms, please contact us:

• Business: Akima Automations (ABN 80 561 472 069)
• Email: hello@akimaautomations.com.au
• Location: Sydney, New South Wales, Australia