Legal

Terms of Service

The terms that govern your use of Mnesis services. Plain language, no hidden surprises.

Last updated: 17 March 2025

1 Agreement to These Terms

By engaging Mnesis services — whether by signing a service agreement, submitting an enquiry, or using any part of our platform — you agree to be bound by these Terms of Service. Please read them carefully.

If you do not agree with these terms, do not use our services. If you are entering into these terms on behalf of a business, you represent that you have the authority to bind that business.

2 About Mnesis

Mnesis is a trading name of Secure A Com Pty Ltd, an Australian company (ABN available on request) providing AI-powered voice receptionist and business automation services. We are based in Sydney, New South Wales.

When we say "we", "us", or "Mnesis", we mean Secure A Com Pty Ltd trading as Mnesis. When we say "you" or "client", we mean the business or individual engaging our services.

3 Our Services

Mnesis builds and manages AI-powered voice receptionist systems for businesses. Our services include, but are not limited to:

  • AI voice agent setup, configuration, and ongoing management
  • Phone number provisioning and call routing via Twilio
  • Automated SMS lead follow-up and booking link delivery
  • Appointment booking integration and calendar management
  • Call transcripts and reporting
  • Integration with third-party platforms as agreed during onboarding

The specific services included in your plan are detailed in your service agreement. Services described on our website are subject to change.

4 Plans, Fees, and Billing

Setup fee

A one-off setup fee is payable before work begins. This covers agent configuration, phone number provisioning, integrations, and onboarding. The setup fee is non-refundable once work has commenced.

Monthly retainer

Monthly fees are billed in advance on the same date each month. Payment is due within 7 days of invoice. We accept payment by bank transfer or credit card as agreed during onboarding.

Overage charges

Each plan includes a set number of call minutes per month. Usage beyond the included allowance is charged at the per-minute rate for your plan. Overage is calculated monthly and invoiced with your next billing cycle.

Price changes

We will give at least 30 days written notice of any price changes. Continued use of the service after the notice period constitutes acceptance of the new pricing.

Late payment

Accounts overdue by more than 14 days may have services suspended without further notice. Suspended accounts will be reactivated within one business day of payment received. We reserve the right to charge a reactivation fee for accounts suspended due to non-payment.

5 Call Usage and Included Minutes

Included minutes are calculated from the moment a call is connected to the AI agent until the call ends. Calls that reach voicemail or are not answered do not count toward usage.

Unused minutes do not roll over to the following month. If your usage consistently exceeds your plan's included allowance, we recommend upgrading to a higher tier.

Call minute costs passed through from Twilio and VAPI are incorporated into your plan pricing. You are not billed separately for platform usage costs unless otherwise agreed in writing.

6 Client Responsibilities

To ensure your AI receptionist works correctly, you agree to:

  • Provide accurate and complete information during onboarding, including business details, services offered, and operating hours
  • Notify us promptly of any changes to your services, pricing, business hours, or contact details that may affect how the AI agent responds
  • Set up and maintain call diversion or number porting as required to route calls to our system
  • Ensure your existing calendar or booking system is accessible for integration as agreed
  • Keep your payment details up to date
  • Use the services only for lawful business purposes

We are not responsible for missed calls, incorrect information provided to callers, or failed bookings resulting from inaccurate or outdated information you have provided.

7 Acceptable Use

You must not use Mnesis services to:

  • Conduct any unlawful activity or facilitate fraud
  • Collect information from callers without appropriate disclosure
  • Impersonate another business or individual in a misleading way
  • Send unsolicited marketing communications
  • Violate any applicable laws, including the Spam Act 2003, the Do Not Call Register Act 2006, or the Privacy Act 1988
  • Attempt to reverse-engineer, copy, or replicate our systems or agent configurations

We reserve the right to suspend or terminate services immediately if we believe a breach of acceptable use has occurred.

8 AI Voice Agent Disclosure

Our voice receptionists are powered by artificial intelligence. Callers interact with an AI agent, not a human operator.

While our agents are designed to handle common enquiries accurately, AI systems are not infallible. We do not guarantee that the AI will correctly handle every call or accurately capture every piece of information in every circumstance.

You are responsible for reviewing call transcripts and following up on any leads or bookings generated by the system. Critical business decisions should not rely solely on AI-captured information without human verification where appropriate.

9 Call Recording

All calls handled by our AI agent are recorded. At the start of every call, the agent states that the call may be recorded for quality and training purposes. This disclosure satisfies recording consent requirements under Australian law.

By engaging our services, you acknowledge and accept that calls to your business number will be recorded as part of the service.

Call recordings and transcripts are retained in accordance with our Privacy Policy. You can request access to recordings of calls to your business number at any time.

10 Third-Party Services

Our platform relies on third-party infrastructure providers including Twilio, VAPI, ElevenLabs, Cal.com, and Supabase. While we carefully select reputable providers, we are not responsible for outages, data handling practices, or changes in service by these third parties.

If a third-party service experiences an outage that affects your AI receptionist, we will work to restore service as quickly as possible and will communicate the status to you. Outages caused by third-party providers do not constitute a breach of our service agreement and do not entitle you to a refund of fees for the affected period.

11 Service Availability

We aim to provide continuous, 24/7 service availability. However, we do not guarantee uninterrupted service. Planned maintenance will be communicated in advance where possible. Emergency maintenance may occur without prior notice.

We are not liable for any loss of business, missed calls, or missed leads resulting from a service interruption, whether caused by our systems, third-party providers, telecommunications networks, or circumstances outside our control.

12 Intellectual Property

All agent configurations, workflow designs, prompt engineering, automation logic, and system architecture developed by Mnesis remain the intellectual property of Secure A Com Pty Ltd, unless otherwise agreed in writing.

You retain ownership of your own business data — including your call recordings, lead information, and booking data. We do not claim ownership over content generated from your callers.

You may not copy, reproduce, or resell any part of our system design, agent logic, or workflows without written permission.

13 Limitation of Liability

To the maximum extent permitted by Australian law, Mnesis' total liability to you for any claim arising from or related to these terms or our services is limited to the total fees paid by you in the three months preceding the claim.

We are not liable for any indirect, consequential, incidental, or special damages, including lost revenue, lost profits, lost business opportunity, or damage to reputation, even if we have been advised of the possibility of such damages.

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

14 Termination

Termination by you

You may cancel your service at any time by providing 30 days written notice. Fees are not refunded for the remaining notice period. Any outstanding usage charges remain payable on cancellation.

Termination by us

We may terminate your service with 30 days written notice for any reason. We may terminate immediately without notice if you breach these terms, fail to pay fees, or engage in conduct that we reasonably believe is unlawful or harmful.

Effect of termination

Upon termination, your AI receptionist will be deactivated and call routing will cease. We will provide your call data and transcripts for download for 30 days following termination, after which data will be deleted in accordance with our Privacy Policy.

15 Governing Law

These terms are governed by the laws of New South Wales, Australia. Any disputes arising from these terms or our services will be subject to the exclusive jurisdiction of the courts of New South Wales.

Before commencing formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least 14 days.

16 Changes to These Terms

We may update these Terms of Service from time to time. When we make material changes, we will notify active clients by email and update the "Last updated" date on this page. Changes take effect 14 days after notification unless you notify us that you do not accept the changes, in which case you may terminate your service in accordance with Section 14.

Your continued use of our services after the effective date of any changes constitutes your acceptance of the updated terms.

17 Contact Us

If you have questions about these Terms of Service or our services, get in touch:

Mnesis (Secure A Com Pty Ltd)
Phone: +61 2 5500 9500
Email: legal@mnesis.com
Website: mnesis.com/contact