Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions (Terms) govern your access to and use of the Antwork AI outbound AI calling platform (Platform), including all related services, features and functionality provided by Antwork AI Pty Ltd ABN 77 688 890 208 (Antwork, we, us, our) to you or the entity you represent (Client, you, your).

You will be taken to have accepted these Terms if you: (i) click “I Agree” or a similar button; (ii) complete a subscription or payment; or (iii) access or use the Platform after being presented with these Terms.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

These Terms apply to all of your dealings with Antwork, including all subscription plans, statements of work, or orders (each a Proposal) together with any additional terms in such Proposal recorded in writing.

In the event of inconsistency between these Terms and a Proposal, these Terms prevail except where the Proposal contains “Special Conditions” expressly described as such, which will prevail to the extent of the inconsistency.

2. The Platform & Services

2.1 Description of Services. The Platform enables the Client to make outbound telephone calls to Australian numbers using artificial intelligence voice technology to the Client’s contacts, leads, and prospects (Services). The specific features, call volumes, and functionality available to the Client depend on the subscription plan selected.

Antwork will use best efforts to deliver the Services in accordance with any timeframes or service levels specified in the applicable Proposal.

The Client acknowledges that Antwork may, due to reasons beyond its reasonable control, need to make adjustments to service availability. Antwork will notify the Client in advance where reasonably practicable.

2.2 Service Availability & Uptime. Antwork will use commercially reasonable efforts to maintain Platform availability but does not guarantee uninterrupted or error-free service.

The Client acknowledges that: (i) scheduled maintenance may result in temporary downtime, for which Antwork will endeavour to provide reasonable prior notice; (ii) unscheduled downtime is outside Antwork’s reasonable control; and (iii) no credit of fees or other compensation is payable in connection with any downtime.

2.3 Changes to the Platform. Antwork reserves the right to modify, update, or discontinue any feature or functionality of the Platform at any time. Antwork will provide reasonable notice of material changes where practicable.

If the Client requests custom changes to the Services that require additional work or costs, Antwork may charge a change in scope fee on a case-by-case basis. Such changes will only proceed once both parties agree in writing to the scope and fee.

3. Artificial Intelligence & Calling Technology

The Client acknowledges that the Platform utilises artificial intelligence and machine learning technologies (AI Technologies) to generate and conduct voice-based telephone calls.

The AI Technologies are intended to enhance efficiency and quality but are not infallible. Antwork does not guarantee the accuracy, completeness, or appropriateness of any AI-generated voice output, call content, or conversational responses.

Antwork is not liable for any errors, omissions, inaccuracies, misstatements, or unintended communications attributable to the AI Technologies. The Client agrees to independently verify any critical outputs or commitments made during AI-conducted calls.

The Client is solely responsible for: (i) the accuracy and legality of all data, scripts, prompts, and contact lists provided to the Platform; (ii) reviewing and approving call scripts and AI behaviour settings before initiating campaigns; and (iii) monitoring call outcomes and taking appropriate action where AI outputs are incorrect or misleading.

The Client agrees to notify Antwork promptly if they suspect any errors, malfunctions, or inappropriate behaviour arising from the AI Technologies.

The Client acknowledges that AI voice technology may not perfectly replicate human speech patterns, and that call recipients may be able to identify the call as AI-generated. Antwork makes no warranty that AI-generated calls will be indistinguishable from human-made calls.

The Client acknowledges that as at the date of these Terms, there is no AI-specific legislation in Australia. However, the Australian Government has proposed mandatory guardrails for AI in high-risk settings and may introduce further regulation. Antwork reserves the right to modify the Platform and these Terms to comply with any future AI-specific regulation. The Client agrees to cooperate with Antwork in implementing any changes required by such regulation.

4. Client Obligations & Regulatory Compliance

The Client warrants and agrees that it will use the Platform in strict compliance with all applicable Australian Commonwealth, state, and territory laws, regulations, and industry standards, including but not limited to the Telecommunications Act 1997 (Cth), the Do Not Call Register Act 2006 (Cth), the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 (Cth), the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, and any applicable state or territory fair trading legislation and consumer protection laws.

The Client is solely responsible for Do Not Call Register washing, maintaining suppression lists, preserving consent records, honouring opt-outs, complying with permitted calling hours, transmitting valid CLI, ensuring AI disclosure requirements are met, obtaining all necessary consents, and configuring campaigns so they comply with Australian law.

The Client must not use the Platform to make harassing, abusive, fraudulent, deceptive, misleading, unlawful, emergency, or otherwise prohibited calls, and must not interfere with the Platform or its infrastructure.

Where the Client enables call recording features, the Client is solely responsible for complying with all applicable Australian call recording and surveillance laws, including one-party and all-party consent requirements in each applicable jurisdiction.

Where outbound calls result in unsolicited consumer agreements, the Client is solely responsible for complying with the Australian Consumer Law requirements for those agreements.

The Client must provide Antwork with all documentation, information, and assistance reasonably required to deliver the Services, and maintain the Client’s IT systems, integrations, and dependencies necessary for the Platform to function.

5. Subscription & Payment

Access to the Platform requires a paid subscription. The features, call volumes, and pricing applicable to the Client’s subscription are as set out on the Platform’s pricing page or in the applicable Proposal (Subscription Plan).

Subscription Fees are billed in advance on a recurring basis (monthly or annually, depending on the Subscription Plan selected). The Client authorises Antwork to charge the Client’s nominated payment method on each billing date.

Usage-based fees may also apply. Antwork may increase Fees to reflect changes to third party costs, including telephony provider costs and AI usage fees, on 30 days’ notice.

Unless otherwise indicated, all amounts are stated in Australian dollars and are exclusive of GST. Deposits are non-refundable. Subscription Fees already paid are non-refundable except as required by law or as expressly agreed in writing.

If the Client fails to pay any amount due, Antwork may suspend access, charge interest at 10% per annum compounding monthly, recover collection costs, and refer the matter to a collection agency.

Antwork reserves the right to charge card surcharges to the extent permitted by Australian law.

6. Data, Security & Privacy

Antwork will use commercially reasonable efforts to store and protect Client Data securely, but is not liable for unauthorised use, destruction, loss, damage, or alteration caused by factors outside its reasonable control.

Antwork may use overseas storage servers and telephony infrastructure. Where personal information is transferred overseas, Antwork will take reasonable steps to ensure handling consistent with the Australian Privacy Principles.

Where call recording or transcription features are enabled, the Client remains responsible for retention and deletion compliance. Antwork may retain anonymised and aggregated call data to improve the Platform and AI Technologies.

The parties agree to comply with their respective obligations under the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any privacy policy Antwork has in place from time to time. Each party must cooperate with the other in relation to any eligible data breach under the Notifiable Data Breaches scheme.

Antwork will use best efforts to create scheduled backups of Client Data but cannot guarantee that any backup will be complete or error-free.

7. Intellectual Property

Antwork retains all Intellectual Property Rights in the Platform, including its software, algorithms, AI models, user interface, documentation, and related technology. The Client receives only a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform during the subscription period.

The Client retains ownership of its own materials, including contact lists, call scripts, prompts, and business data, and grants Antwork a licence to use those materials only to the extent necessary to provide the Services.

Any client-specific material created by Antwork in performing the Services is assigned to the Client upon payment of the relevant Fees, while Antwork retains a perpetual licence to use, copy, modify, and adapt that material, excluding non-proprietary concepts and generalised knowledge.

The Client must not reverse engineer, decompile, disassemble, copy, reproduce, create derivative works of, circumvent security in, or resell access to the Platform without Antwork’s prior written consent.

8. Third Party Services & Subcontractors

Antwork may subcontract any part of the Services, including telephony, AI processing, and hosting. Where third party services are used, the Client may also be subject to the terms and conditions of those third parties.

The Client acknowledges that the Platform relies on third party Australian and international telephony networks and carriers, and call quality, delivery, and reliability may be affected by matters outside Antwork’s control.

9. Disclaimers & Warranties

The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, all express or implied representations and warranties not expressly stated in these Terms are excluded.

Antwork does not warrant that the Platform will be error-free, uninterrupted, or secure, that AI-generated calls will achieve any particular outcome, or that any particular number of calls will be connected or completed.

Nothing in these Terms is intended to limit the operation of the Australian Consumer Law. Any liability of Antwork under consumer guarantees that cannot be excluded is limited, at Antwork’s election, to the re-supply of the Services or payment of the cost of having the Services re-supplied.

10. Limitation of Liability

To the maximum extent permitted by law, the total liability of Antwork in respect of all claims arising under or in connection with these Terms is limited to the amount paid by the Client to Antwork in the 3 months preceding the event giving rise to the claim.

This limitation does not apply to the Client’s liability for breach of clauses relating to compliance, payment, data and privacy, intellectual property, confidentiality, and indemnities.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, or consequential loss, including loss of data, business, opportunity, goodwill, anticipated savings, profits, or revenue, except where such liability cannot lawfully be excluded.

Antwork is not liable for penalties, fines, infringement notices, or regulatory actions arising from the Client’s unlawful use of the Platform.

11. Confidentiality

Each party must not disclose the other party’s Confidential Information without prior written consent, except where disclosure is required by law, the information is public knowledge without breach, or the disclosure is to subcontractors, employees, or agents for the purposes of performing the Services.

12. Term & Termination

The Client’s subscription commences on the date the Client subscribes and continues for the duration of the selected Subscription Plan, renewing automatically at the end of each billing period unless cancelled.

Either party may terminate these Terms on 30 days’ written notice. A non-breaching party may also terminate for unremedied breach after 14 days’ notice. Antwork may suspend or immediately terminate access where required by law, carrier requirement, non-payment, prohibited use, or regulatory complaint.

On termination, the Client’s access to the Platform will cease, each party must return or destroy Confidential Information, and the Client is responsible for exporting any data required before termination.

13. Disputes

If a dispute arises under these Terms, the parties will first attempt to resolve it in good faith through mediation conducted through the Australian Disputes Centre (ADC) in accordance with the ADC’s Guidelines for Commercial Mediation, at the equal shared expense of the parties. If mediation does not resolve the dispute, either party may initiate legal proceedings. This clause does not apply where a party requires an urgent injunction.

14. Force Majeure

Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) to the extent caused by a Force Majeure Event, being any event beyond the affected party’s reasonable control, including natural disasters, strikes, war, terrorism, pandemics, government orders, or failures of third party telecommunications networks or carriers.

15. Indemnification

The Client agrees to indemnify and hold harmless Antwork and its officers, employees, and agents from and against any loss, liability, claim, damage, or expense (including reasonable legal costs) arising from or in connection with the Client’s breach of these Terms, breach of law, unlawful use of the Platform, infringement of third party rights, or any penalties or regulatory action imposed on Antwork as a result of the Client’s actions or omissions.

16. General

These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them.

These Terms may only be amended in writing agreed by both parties, or by Antwork publishing updated Terms on the Platform with 30 days’ notice. Continued use of the Platform after the notice period constitutes acceptance of the amended Terms.

Neither party may assign these Terms without the prior written consent of the other party. Any invalid or unenforceable provision is severed without affecting the remaining provisions. These Terms, together with any applicable Proposal, constitute the entire agreement between the parties. Notices may be sent via email to the addresses associated with the Client’s account or as set out in the Proposal.

17. Definitions