Terms of Service

1. Acceptance of Terms

By accessing or using Kindly Call ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms apply to all users of the Service, including account holders (typically family members or caregivers) and call recipients (typically elderly loved ones).

2. Description of Service

Kindly Call provides AI-powered telephone check-in calls for elderly individuals. Our service includes:

• Scheduled automated phone calls using AI voice technology
• Wellness monitoring and mood detection
• Call summaries and reports for authorised family members
• Emergency alert notifications
• Online dashboard for managing preferences and viewing insights

Important: Kindly Call is a wellness and companionship service. It is NOT a medical service, emergency response service, or substitute for professional healthcare.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and an Australian resident to create an account. By registering, you confirm that you have the authority to make decisions on behalf of the care recipient or have their consent.

3.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorised use.

3.3 Accuracy of Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.

4. Subscriptions and Payments

4.1 Free Trial

New users receive a 14-day free trial. No credit card is required to start the trial. During the trial, you have full access to your selected plan's features.

4.2 Subscription Plans

We offer multiple subscription plans with different features and pricing. Current plans and pricing are displayed on our website. Prices are in Australian Dollars (AUD) and include GST where applicable.

4.3 Billing

Subscriptions are billed in advance on a monthly or annual basis. Payment is processed securely through Stripe. By subscribing, you authorise us to charge your payment method on a recurring basis until you cancel.

4.4 Price Changes

We may change subscription prices with 30 days' notice. Price changes will apply from your next billing cycle after the notice period.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation takes effect at the end of your current billing period. There are no cancellation fees or lock-in contracts.

5.2 Refunds

If you cancel within 7 days of your first paid subscription, we offer a full refund. After this period, refunds are provided at our discretion on a pro-rata basis. Free trial cancellations do not incur any charges.

5.3 Account Suspension

We may suspend or terminate your account if payment fails, if you breach these Terms, or if we reasonably believe the service is being misused.

6. Acceptable Use

You agree NOT to use the Service to:

• Violate any laws or regulations
• Harass, abuse, or harm another person
• Register someone for calls without their knowledge or consent
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorised access to any part of the Service
• Use the Service for any commercial purpose other than intended
• Collect or harvest any personal information from other users

7. AI Technology Disclosure

Our calls are powered by artificial intelligence (AI). By using our Service, you acknowledge and agree that:

• Calls are conducted by an AI voice assistant, not a human
• You will inform the call recipient that calls are AI-powered
• AI responses may occasionally be inaccurate or inappropriate
• We continuously work to improve AI quality but cannot guarantee perfection
• Call recordings may be used to improve our AI technology

8. Emergency Services Disclaimer

In a genuine emergency, always call 000 directly. We recommend maintaining other emergency response systems for your loved one's safety.

9. Limitation of Liability

To the maximum extent permitted by Australian Consumer Law:

• The Service is provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free service
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the past 12 months
• We are not liable for any harm arising from reliance on information from calls

Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited.

10. Intellectual Property

The Service, including its content, features, and functionality, is owned by Kindly Call and protected by Australian and international intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written consent.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

12. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by email and by posting on our website. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

13. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. Contact Us

If you have questions about these Terms, please contact us: