Effective date: 29/06/2026 · Last updated: 29/06/2026

1. About these Terms

These Terms of Service ("Terms") form a binding agreement between Kaelan Taeni, trading as Echocast (ABN 61 398 670 220) ("Echocast", "we", "us", "our") and you, the client or user ("you", "your").

By engaging our services, signing a service agreement or quote, using our website, or otherwise accepting these Terms, you agree to be bound by them. If you are entering into these Terms on behalf of a business, you confirm you have authority to bind that business.

If there is any inconsistency between these Terms and a signed service agreement or quote between us, the signed agreement prevails to the extent of the inconsistency.

2. Definitions

• "Services" means the services we provide as described in Section 3 and your selected plan or quote.
• "Plan" means the service tier you select (for example, Starter, Professional, or Premium) and its included features.
• "Client Data" means data and content you provide or that we process on your behalf, including your customers' information.
• "End Customer" means a customer or contact of yours whom our Services interact with on your behalf.
• "Fees" means the amounts payable for the Services.

3. Our Services

Echocast provides AI-powered receptionist, communication, and marketing-automation services, which may include, depending on your Plan:

• AI voice call answering and call handling;
• automated, pre-recorded, and AI-voice outbound calling;
• SMS messaging and automation;
• appointment booking and contact management;
• customer review-request automation;
• provisioning and operation of telephone numbers on your behalf; and
• website design, build, and maintenance, and related optimisation and integration services (higher tiers).

The specific features available to you depend on your selected Plan. We may improve, modify, or discontinue features from time to time, and will give reasonable notice of material adverse changes where practicable.

4. Eligibility and accounts

You must be at least 18 years old and operate a legitimate business to use our Services. You are responsible for the accuracy of the information you provide and for maintaining the security of any account credentials.

5. Onboarding and your responsibilities

To deliver the Services, we rely on you to:

• provide accurate, complete, and current information and the documents we reasonably require (including identity and business-registration documents needed to register telephone numbers);
• provide timely access, content, and approvals we need to set up and operate the Services;
• ensure you hold all rights and have obtained all consents necessary for us to contact your End Customers by call and message; and
• use the Services lawfully and in accordance with these Terms.

Delays in providing required information, documents, consents, or approvals may delay delivery, including any setup timeframe we indicate.

6. Consent and communications compliance

This Section is important. Our Services send calls and messages, including automated, pre-recorded, and AI-voice communications, on your behalf and at your direction.

• You are responsible for ensuring that valid consent has been obtained from each recipient as required by the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and any other applicable laws, and for ensuring communications include required sender identification and opt-out mechanisms.
• You are responsible for the content of communications you direct us to send and for any contact lists you provide.
• You must not use the Services to send unlawful, misleading, harassing, or prohibited content, or to contact individuals without a lawful basis.
• You indemnify us (see Section 18) against claims, penalties, and losses arising from communications sent at your direction without proper consent or in breach of applicable law.

We may suspend communications activity that we reasonably believe is unlawful or non-compliant.

7. Acceptable use

You must not, and must not permit others to: use the Services for any unlawful, fraudulent, or harmful purpose; send spam, scams, or content that is defamatory, obscene, hateful, or infringing; attempt to gain unauthorised access to our systems; interfere with or disrupt the Services; reverse engineer or resell the Services except as expressly permitted; or use the Services in breach of any law. We may suspend or terminate access for breach of this Section.

8. Fees, billing and taxes

• Fees are as set out in your Plan or quote. Plans are billed monthly in advance unless otherwise agreed.
• Payment is due on signup and then on each monthly billing date, via the payment methods we make available.
• GST. Fees are in Australian dollars. We are not currently registered for GST and therefore do not charge GST. If we become registered for GST in the future, GST will be added to Fees where applicable.
• Third-party costs. Certain costs (for example, telephone-number registration, domains, or usage-based charges) may be additional and charged separately from your Plan unless otherwise stated.
• Price changes. We may change Fees on 30 days' notice. Changes will not affect the billing period already paid.
• Late or failed payment. If payment fails or is overdue, we may suspend the Services after reasonable notice until payment is made.

9. Term, cancellation and refunds

• Term. Unless otherwise agreed, the Services are provided on a month-to-month basis and renew each billing period until cancelled.
• Cancellation by you. You may cancel with 30 days' notice by contacting [email protected]. Automated Services will stop at the end of your current billing period. Fees already paid are non-refundable except as stated in this Section or required by law.
• Money-back guarantee. If, within the first 30 days after your Services go live, you are not satisfied, you may request a refund of the Plan Fees paid for that initial period by contacting [email protected]. The guarantee covers the monthly Plan Fees and excludes third-party costs such as number-registration fees, domain fees, and usage charges. It applies once per client.
• Effect of cancellation. On cancellation we will cease the Services and, in accordance with Section 13, deal with Client Data and any telephone numbers and websites as set out in these Terms or your agreement.

10. Telephone numbers

Telephone numbers provisioned for your business are registered using your business details and the documents you provide, in compliance with telecommunications and regulatory requirements. Where possible, you may request to port a number to another provider on cancellation, subject to the receiving provider's requirements, applicable regulations, and any outstanding Fees. If a number is not ported within a reasonable period after the Services end, it may be released or reassigned. You are responsible for ensuring the information and documents provided for registration are accurate and that you are entitled to use them.

11. Websites and deliverables (where applicable)

Where your Plan includes a website or other deliverables:

• we will design, build, and (where included) maintain the website as described in your Plan;
• you are responsible for providing content, approvals, and access in a timely manner;
• on full payment, you own the final website content and design we deliver for your business; the underlying tools, templates, frameworks, code, and systems we use to build and operate it remain our property or that of our licensors, and are licensed to you for use with your website while your Plan is active; and
• maintenance and hosting continue only while your Plan is active, unless otherwise agreed.

12. Client Data and data protection

• You retain ownership of your Client Data. You grant us a licence to use, host, and process Client Data as reasonably necessary to provide the Services.
• We handle personal information in accordance with our Privacy Policy and applicable law. Where we process personal information of your End Customers, we do so on your behalf and on your instructions.
• You are responsible for the accuracy and lawfulness of Client Data and for having the rights and consents necessary for us to process it.

13. Effect of termination

On termination or expiry of the Services:

• your right to use the Services ends;
• we will, on request and within a reasonable period, return or securely delete Client Data, except where we are required to retain it by law or for legitimate business records;
• outstanding Fees become payable; and
• telephone numbers and websites will be dealt with as set out in Sections 10 and 11.

14. Intellectual property

All intellectual property rights in our Services, software, systems, templates, frameworks, processes, and materials (excluding your Client Data and content) remain our property or that of our licensors. We grant you a non-exclusive, non-transferable licence to use the Services and any deliverables for your business while you remain a client and have paid applicable Fees, except as otherwise agreed in writing. You must not copy, resell, or create derivative works from our Services except as expressly permitted.

15. Third-party services, availability and results

• Third-party dependencies. Our Services rely on third-party platforms and providers (for example, our software platform, telecommunications carriers, AI providers, and payment processors). We are not responsible for the acts, omissions, outages, or changes of those third parties.
• Availability. We aim for high availability but do not warrant that the Services will be uninterrupted or error-free. We may carry out maintenance and will give notice where reasonably practicable.
• No guarantee of results. While we work to deliver effective outcomes, we do not guarantee specific business results, lead volumes, conversions, or revenue, as these depend on factors outside our control.

16. Warranties, disclaimers and Australian Consumer Law

We provide the Services with due care and skill. To the maximum extent permitted by law, and except as expressly stated in these Terms, we exclude all other warranties, whether express or implied.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited (at our option) to re-supplying the relevant Services or paying the cost of having them re-supplied.

17. Limitation of liability

To the maximum extent permitted by law:

• our total aggregate liability arising out of or in connection with these Terms or the Services is limited to the Fees paid by you to us in the three (3) months immediately preceding the event giving rise to the liability; and
• we are not liable for any indirect, incidental, special, or consequential loss, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, however arising.

This Section does not limit liability that cannot be limited or excluded by law (including under the Australian Consumer Law).

18. Indemnity

You indemnify us, and our personnel, against all claims, liabilities, losses, costs, and expenses (including reasonable legal costs) arising out of or in connection with: your breach of these Terms or applicable law; communications sent at your direction (including without valid consent or in breach of the Spam Act or Do Not Call Register Act); Client Data and contact lists you provide; and your use of the Services. This Section survives termination.

19. Confidentiality

Each party must keep confidential the other's confidential information and use it only as necessary to perform or receive the Services, except where disclosure is required by law or the information is or becomes public through no breach of these Terms.

20. Suspension and termination by us

We may suspend or terminate the Services, in whole or in part, immediately or on notice, if: you fail to pay Fees when due; you breach these Terms or applicable law; we reasonably believe your use is unlawful, non-compliant, or harmful; or required by a third-party provider or by law. Where practicable, we will give reasonable notice and an opportunity to remedy.

21. Force majeure

We are not liable for any failure or delay in performing our obligations to the extent caused by events beyond our reasonable control, including outages of third-party providers, telecommunications failures, natural events, and government action.

22. Dispute resolution

If a dispute arises, the parties will first attempt to resolve it in good faith by discussion. If unresolved within 30 days, either party may pursue the matter through the courts of New South Wales. Nothing prevents a party from seeking urgent interlocutory relief.

23. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.

24. General

• Assignment. You may not assign these Terms without our consent. We may assign or novate these Terms in connection with a sale or restructure of our business.
• Severability. If any provision is found invalid or unenforceable, it is severed and the remaining provisions continue in force.
• Waiver. A failure to enforce a provision is not a waiver of it.
• Entire agreement. These Terms, together with any signed service agreement, quote, and our Privacy Policy, constitute the entire agreement between the parties and supersede prior representations.
• Notices. Notices may be given by email to the addresses the parties use for the Services.
• Relationship. The parties are independent contractors; nothing creates a partnership, agency, or employment relationship except as expressly stated.

25. Changes to these Terms

We may update these Terms from time to time. The current version will be available on our website with the "last updated" date shown above. Material changes take effect when posted or on the date we notify, and your continued use of the Services constitutes acceptance.

26. Contact

Kaelan Taeni, trading as Echocast
ABN 61 398 670 220
Email: [email protected]
Address: Northern Rivers, NSW, Australia