PalmConnect – Terms and Conditions

Effective Date:13/05/2025

1. Introduction
Palm Connect ("we", "us", "our") provides AI-based virtual receptionist services to businesses within Australia. By accessing or using this service, the user ("you", "your") agrees to be legally bound by the terms set out in this document.

You warrant that you are over 18 years of age and are authorised to enter into this agreement on behalf of a registered business or entity.

2. Nature of Services
Palm Connect provides AI-powered telephone response services that handle missed calls and deliver caller information to subscribing businesses. Services are delivered without direct user access to our systems, platforms, or third-party integrations.

3. No System Access or Control
Subscribers do not receive any form of user access, login credentials, or control over system functions. All technical configuration, scripting, and platform integrations are managed solely by Palm Connect. Under no circumstances will access be granted to back-end systems.

4. No Warranty or Guarantee
All services are provided on an "as is" and "as available" basis. Palm Connect makes no representations or warranties of any kind, express or implied, regarding service reliability, accuracy, availability, uptime, outcome, lead generation, or call quality. You use the service entirely at your own risk.

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL) that cannot be lawfully excluded.

5. Limitation of Liability
To the fullest extent permitted by law, Palm Connect, its directors, officers, contractors, agents, or affiliates shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of our services. This includes but is not limited to loss of income, missed business opportunities, miscommunication, data loss, system downtime, Third-party disputes or customer dissatisfaction.

This limitation applies to any and all legal claims, whether arising in contract, tort (including negligence), statute, equity, or otherwise, and whether arising individually, jointly, or in the aggregate.

6. Indemnification
You agree to fully indemnify and hold harmless Palm Connect, its owners, operators, contractors, and affiliates from and against any claims, losses, damages, liabilities, legal costs, or expenses arising from your use or misuse of the service, Third-party interactions facilitated through our services, including any third-party claims or disputes related to your business operations or your failure to comply with applicable laws or these terms

7. Intellectual Property
All service workflows, AI scripts, telephone processes, integration methods, and custom automations are the exclusive intellectual property of Palm Connect. No rights or licenses are granted by virtue of using the service. Reproduction, copying, reverse-engineering or replication is strictly prohibited.

8. Billing and Payment
All subscription fees are payable monthly in advance. Pricing includes a fixed monthly service allowance. Additional usage, such as call minutes or SMS, may incur overage fees as outlined on the website, your quotation, proposal or in your onboarding agreement.

Palm Connect will provide monthly usage summaries, including call durations and overage charges. All charges are non-refundable unless otherwise stated.

Palm Connect may change subscription fees or overage rates at any time by providing at least thirty (30) days’ written notice (email is acceptable). Continued use after the notice period constitutes acceptance of the new pricing.

All payments are due within seven (7) days of the invoice date, unless otherwise agreed in writing. Palm Connect reserves the right to suspend or restrict access to the service if payment is more than seven (7) days overdue. We may also apply a late payment fee of $50 or 2% of the outstanding balance (whichever is greater) for each month the payment remains unpaid.

· AI call minutes are measured in whole-minute increments and rounded up to the next full minute.

· SMS messages are billed per outbound segment (typically 160 characters per segment).

· Usage summaries and overage charges will be itemised in your monthly invoice.

9. Cancellation
You may cancel your service at any time by written notice. Cancellation will take effect at the end of your current billing period. No refunds will be issued for unused time or partially used service periods.

10. Trial Setup Fee & Usage Allowance

Palm Connect offers a trial service to eligible businesses for evaluation purposes. To activate the trial, a $59 setup fee is required. This covers direct costs associated with system setup. The trial includes a maximum of 10 minutes of AI call time and 10 outbound SMS messages.

If you continue with a paid subscription, this fee will be credited in full toward your first month’s invoice. If you do not continue, the fee is retained to cover setup and operational costs. No refund will be issued unless there is a billing error.

By starting the trial, you agree to these conditions and understand that the trial is offered solely at the discretion of Palm Connect and may be modified or withdrawn at any time without notice.

11. Refund Policy

All payments made to Palm Connect are non-refundable unless a proven billing error is identified. Refund requests must be submitted in writing and will be reviewed on a case-by-case basis. Palm Connect’s decision regarding any refund is final and made at its sole discretion. No refunds will be provided for unused services, trial setup fees, or partial billing periods.

12. Privacy Policy

Palm Connect collects and processes limited personal and business information solely to deliver its virtual receptionist services. This may include names, phone numbers, messages, call summaries, and other service-related information.

This information may be stored temporarily or as required to maintain operational functionality. By using Palm Connect, you consent to this collection and acknowledge that:

(a) Palm Connect uses third-party platforms and systems to operate, and data may be transmitted or stored via those services;

(b) Palm Connect does not actively monitor or control the data security practices of any third-party provider;

(c) No guarantees are made regarding the security, accuracy, or confidentiality of any data processed or stored;

(d) Palm Connect does not offer any representations or warranties regarding protection against data loss, breach, or unauthorized access.

Palm Connect does not sell or disclose user data unless legally required to do so. You agree that Palm Connect will not be held liable for any claims or damages arising from data handling, whether caused by third parties, system error, human error, or other events beyond its direct control.

You are solely responsible for managing your own business's privacy obligations and for communicating any relevant privacy information to your customers.

13. Data Security
Palm Connect makes reasonable efforts to ensure that your data is handled securely. However, we do not provide any specific security measures beyond the basic protections inherent in the third-party platforms and infrastructure we use.

We do not guarantee the security of any data, and Palm Connect is not responsible for any data breaches, loss, or unauthorized access that may occur, whether within or outside of our control.

Your data is hosted through third-party service providers, and Palm Connect does not control their internal security practices or guarantee their security. You acknowledge that absolute security cannot be guranteed.

14. Dispute Resolution and Jurisdiction
All legal matters relating to the use of Palm Connect services shall be governed exclusively by the laws of the State of Victoria, Australia. You agree to first attempt to resolve any claim or dispute through direct negotiation and, if necessary, mediation. If unresolved, you agree to binding arbitration conducted in Victoria. To the maximum extent permitted by law, you waive any right to bring or participate in class actions, and agree that any claim will be resolved individually. Palm Connect’s liability is strictly limited to the amount paid by you in the thirty (30) days prior to the dispute arising, and no indirect or consequential damages may be claimed.

15. Liability Disclaimer
You acknowledge that Palm Connect is a communication service only and is not responsible for your business operations, customer relationships, or commercial outcomes. No liability is accepted for missed calls, lost data, misinterpreted requests, platform outages or technical disruptions or service failures caused by third-party platforms. To the maximum extent permitted by law, Palm Connect’s total cumulative liability – whether arising from one claim or multiple claims, whether in contract, tort, equity, statute or otherwise – shall not exceed the total amount paid by you to Palm Connect in the thirty (30) days immediately prior to the event giving rise to the first such claim, regardless of whether arising from one or multiple incidents, related or unrelated, and regardless of legal theory. You acknowledge that all services are at your own risk.

16. You agree that Palm Connect is not liable in any way for the actions, statements, expectations, losses, or disputes of third parties who contact your business via our services. This includes, without limitation, your customers, suppliers, staff, or any member of the public. You accept full responsibility for managing and resolving such third-party relationships and agree to fully indemnify and hold harmless Palm Connect from any claim, liability, cost, or dispute arising from third-party interactions or expectations, whether such interactions are direct, indirect, recorded, AI-generated, or otherwise facilitated through our service.

17. Third-Party Claims

You acknowledge and agree that Palm Connect acts solely as a communication facilitator on behalf of your business. Palm Connect has no direct relationship with, and accepts no responsibility to, your customers, clients, suppliers, or any other third party who may contact or interact with either your business or Palm Connect via our services.

In the event that any third party brings a complaint, legal action, demand, or claim of any kind against Palm Connect—arising from, related to, or in connection with their interaction with your business or with Palm Connect on behalf of your business—you agree to:

(a) immediately assume full legal and financial responsibility for such claim;

(b) fully indemnify and hold harmless Palm Connect, its directors, officers, agents, contractors, and affiliates from any loss, liability, damage, expense, settlement amount, or legal cost incurred in defending or responding to such claim; and

(c) ensure that any privacy request, legal inquiry, rights-related request, or customer dispute is handled solely and exclusively by your business.

18. No Duty to Third Parties

Palm Connect’s services are provided exclusively to subscribing businesses. No duty of care, service obligation, or legal relationship is owed to any third party who may contact or interact with your business via our services. Any incidental engagement does not establish a contractual or legal relationship between Palm Connect and the third party.

19. Call Recording Compliance

Palm Connect may record calls for service quality and operational purposes. The AI receptionist will inform the caller at the beginning of each call that the call may be recorded. By using our services, you acknowledge and agree that calls may be recorded. You are solely responsible for ensuring that your business complies with applicable laws, including ensuring that all required consents are obtained for call recording. Palm Connect will provide you a summary of each call, which includes relevant details such as the caller's number, time, and whether the call was recorded. Palm Connect accepts no liability for any failure to obtain or communicate this consent.”

20. Force Majeure
Palm Connect shall not be liable for any delay, failure, interruption, or error in service caused by events beyond its reasonable control, including but not limited to natural disasters, telecommunications failure, cyberattacks, infrastructure outages, government restrictions, pandemics, war, or acts of third-party providers.

21. Severability
If any provision of these Terms is held to be unenforceable, that provision shall be severed, and the remainder shall remain in full force and effect.

22. Entire Agreement

These Terms constitute the entire agreement between you and Palm Connect. They supersede all prior understandings, communications, or agreements.

23. Amendment

Palm Connect may amend these Terms at any time. Changes will be published on our website. Continued use of the service constitutes your acceptance of the updated Terms.

24. Waiver

No delay or failure by Palm Connect to enforce any right shall be deemed a waiver of that right.

25. GST and Pricing

All prices stated by Palm Connect are exclusive of Goods and Services Tax (GST) unless expressly stated otherwise. A GST of 10% will be added to all taxable supplies in accordance with Australian Taxation Office (ATO) guidelines.

You agree to pay any applicable GST in addition to the amounts specified for services provided under these Terms.

26. Suspension or Termination of Service

Palm Connect reserves the right to suspend, restrict, or terminate your access to the service at any time, with or without notice, if we determine, at our sole discretion, that:

· You have breached these Terms;

· Your usage poses a risk to system stability, performance, or integrity;

· Your activity is unlawful, unethical, or harmful to our operations, reputation, or other clients;

· There are outstanding payments or billing issues;

· We are required to do so by law or due to actions taken by third-party service providers; or

· We make an internal business decision to suspend or discontinue your access or the service generally.

Palm Connect shall not be liable for any damages, losses, or costs arising from the suspension or termination of services under this clause. You remain responsible for any accrued charges up to the date of suspension or termination.

27. Contact Information
0494016710

contact@palmconnect.com.au