Terms of Service

1. Acceptance and Eligibility

By using the Services you confirm that you are at least 18 years old, have full legal capacity to enter into these Terms, and — where using the Services on behalf of a business, practice, or other entity — have full authority to bind that entity to these Terms. You are responsible for ensuring that any person you authorise to access the Services on your behalf complies with these Terms, and you remain liable for their acts and omissions as if they were your own.

2. Description of Services

No Sick Days provides an AI voice agent platform ("Aiden") that may handle inbound and outbound telephone calls, appointment scheduling, customer or patient enquiries, and related call-handling functions on the Client's behalf, together with a dashboard for analytics, reporting, and account management. The specific features, call volumes, and service levels available to you are set out in your applicable subscription plan or service agreement, which forms part of these Terms.

The Services are a tool that assists the Client in operating its own business. No Sick Days does not operate, manage, supervise, or take responsibility for the Client's business or the outcome of any interaction Aiden has with a caller. The Client remains solely responsible for its business, its customers or clients, and all decisions made using or in connection with the Services.

3. Client Responsibilities

The Client is solely responsible for:

• Providing accurate, current, and complete information when registering for and configuring the Services, including business details, availability, services or products offered, and any scripts, prompts, or knowledge-base content supplied to Aiden;
• Reviewing and testing Aiden's configuration before go-live, and on an ongoing basis, to ensure it reflects the Client's current offerings, pricing, availability, and policies;
• Obtaining and maintaining all consents, disclosures, and notices required by law for calls to be handled, recorded, or transcribed by an AI voice agent, including under the Telecommunications (Interception and Access) Act 1979 (Cth), the Privacy Act 1988 (Cth), and any equivalent laws applicable to the Client's industry or jurisdiction;
• Ensuring that its use of the Services, including any outbound calling, complies with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and any applicable telemarketing, advertising, or professional-conduct rules relevant to the Client's industry;
• Maintaining the confidentiality and security of its account credentials, API keys, and any integration secrets, and notifying No Sick Days immediately of any suspected unauthorised access;
• Ensuring that any information provided to callers by Aiden — including business hours, services or products, pricing, and availability — is kept current within the platform, and promptly correcting any inaccuracy it becomes aware of;
• Determining whether the Services are fit for the Client's specific regulatory, licensing, or professional context, including obtaining independent legal, compliance, or professional advice where required before deployment;
• Maintaining its own business records, customer management, and governance systems independently of the Services, and not relying on the Services as a system of record for its business.

No Sick Days is entitled to rely on all information, instructions, and content supplied by the Client without independent verification, and bears no responsibility for inaccuracies, omissions, or unlawful content originating from the Client.

4. Call Recording, Consent and Regulatory Compliance

The Client is solely and exclusively responsible for ensuring that its use of the Services complies with all applicable laws regarding call recording, disclosure, and consent, including informing callers that they may be speaking with an AI voice agent where required by law or professional obligation. No Sick Days provides configurable tools that may assist with such disclosures but makes no representation that any particular configuration satisfies the Client's legal obligations in its jurisdiction or profession, and the Client must obtain its own legal advice on this point. No Sick Days accepts no liability for the Client's failure to obtain any consent, provide any disclosure, or otherwise comply with any law applicable to the Client's use of the Services.

5. No Professional or Regulated Advice

The Services do not provide, and must not be used to provide, medical, legal, financial, or other regulated professional advice, diagnosis, triage, or decision-making, regardless of the Client's industry. Aiden's function is limited to administrative call-handling, scheduling, and general information relay as configured by the Client. Any professional, technical, or regulated judgment required in connection with a caller's enquiry remains solely the responsibility of the Client and its qualified staff. Where the Client operates in a regulated industry (including, without limitation, health, legal, financial, or real estate services), the Client is solely responsible for ensuring Aiden's configuration and scripted responses comply with any applicable industry-specific laws, licensing conditions, or professional conduct rules, and must not configure or rely upon the Services in a manner that could be construed as providing regulated advice to a caller.

6. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or professional or industry code of conduct;
• Engage in harassment, fraud, deceptive conduct, or unsolicited marketing in breach of applicable law;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Transmit malicious code, or interfere with or disrupt the integrity or performance of the Services or any connected third-party system, including any business management or scheduling system accessed via integration;
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code, underlying ideas, or algorithms of the Services;
• Use the Services in a manner that could bring No Sick Days into disrepute or expose it to legal liability.

No Sick Days may suspend or terminate access immediately, without liability, for any actual or reasonably suspected breach of this section.

7. Third-Party Integrations

The Services may integrate with third-party business management, scheduling, telephony, or other systems (such as Best Practice / Bp Premier, or equivalent industry-specific platforms) at the Client's request. The Client is responsible for ensuring it holds all necessary rights, licences, and permissions to authorise such integration, and for the accuracy and lawfulness of data exchanged as a result. No Sick Days is not responsible for the availability, performance, security, or conduct of any third-party system, and any issue arising from a third-party system is between the Client and that third party.

8. Intellectual Property

All right, title, and interest in and to the Services, including all software, platform architecture, documentation, and underlying technology, is owned by or licensed to No Sick Days Pty Ltd and is protected by applicable intellectual property laws. Subject to your compliance with these Terms and payment of applicable fees, No Sick Days grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during the term of your subscription. No other rights are granted. Content, prompts, and configuration data you supply to the Services remain your property, and you grant No Sick Days a licence to use such content solely to provide and improve the Services to you.

9. Fees and Payment

Fees for the Services are set out in your subscription plan or service agreement and are payable in Australian dollars unless otherwise agreed. All fees are exclusive of GST unless stated otherwise. No Sick Days may vary its pricing on no less than 30 days' written notice, effective from your next billing cycle. Fees are non-refundable except as required by law or expressly stated in your service agreement. Late or failed payment may result in suspension of the Services without further notice, without affecting any fees owed.

10. Service Availability

No Sick Days will use reasonable efforts to maintain availability of the Services but does not guarantee uninterrupted, error-free, or continuous operation. The Services depend in part on third-party telephony, speech-recognition, and hosting infrastructure outside No Sick Days' control, and outages or degraded performance in such third-party infrastructure are not within No Sick Days' control and do not constitute a breach of these Terms. The Client is responsible for maintaining a reasonable fallback process (such as staffed phone coverage) for periods when the Services are unavailable.

11. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. No Sick Days does not warrant that the Services will meet the Client's specific requirements, that any AI-generated output will be accurate or error-free, or that any integration will operate without fault. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.

12. Limitation of Liability

To the maximum extent permitted by law:

• No Sick Days will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunity, arising out of or in connection with the Services or these Terms, even if advised of the possibility of such loss;
• No Sick Days will not be liable for any loss, damage, claim, or liability arising from the Client's failure to comply with Sections 3, 4, or 5 of these Terms, or from any content, instruction, or configuration supplied by the Client;
• No Sick Days' total aggregate liability arising out of or in connection with the Services or these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the total fees paid by the Client in the three months immediately preceding the event giving rise to the claim.

Where legislation implies a condition or warranty that cannot be excluded and permits liability to be limited, No Sick Days' liability is limited, at its option, to the resupply of the Services or the cost of resupply.

13. Indemnity

The Client indemnifies and will keep indemnified No Sick Days, its officers, employees, and contractors against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal costs) arising out of or in connection with: (a) the Client's breach of these Terms, including its obligations under Sections 3, 4, 5, and 6; (b) the Client's use or misuse of the Services, including reliance on Aiden for any purpose beyond its intended administrative function; (c) any claim by a caller, patient, customer, or third party arising from the Client's business, clinical, or professional conduct, or from information the Client supplied to or configured within the Services; and (d) the Client's violation of any applicable law or third party's rights.

14. Confidentiality

Each party agrees to keep confidential all non-public information of the other party disclosed in connection with the Services, and to use it only for the purposes of these Terms. This obligation does not apply to information that is or becomes publicly available other than through breach of this section, or that a party is required to disclose by law, provided reasonable notice is given where practicable.

15. Termination

Either party may terminate the Services in accordance with the notice period specified in the applicable service agreement. No Sick Days may suspend or terminate the Client's access immediately and without liability if the Client breaches these Terms, fails to pay fees when due, or if No Sick Days reasonably believes the Client's use of the Services poses a legal, regulatory, or reputational risk to No Sick Days or any third party. On termination, the Client's right to access the Services ceases immediately, and any data will be handled in accordance with the Privacy Policy. Sections 8, 9 (for fees accrued), 12, 13, 14, and 17 survive termination.

16. Force Majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, internet or telecommunications outages, failures of third-party infrastructure or sub-processors, and acts of government.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales in respect of any dispute arising out of or in connection with these Terms. Before commencing formal proceedings (other than for urgent injunctive relief), the parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of not less than 14 days.

18. General

• Entire agreement: these Terms, together with any applicable service agreement, constitute the entire agreement between the parties and supersede all prior discussions or agreements on the subject matter.
• Severability: if any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.
• Assignment: the Client may not assign or transfer its rights under these Terms without No Sick Days' prior written consent. No Sick Days may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No waiver: a failure by either party to enforce any provision of these Terms does not constitute a waiver of that or any other provision.
• Notices: notices under these Terms must be given in writing to the contact details set out below, or as otherwise specified in the applicable service agreement.

19. Changes to These Terms

No Sick Days may update these Terms from time to time. Material changes will be notified by email or by posting a notice on our website with an updated effective date. Continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms.

20. Contact Us

For questions about these Terms, please contact us: