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 conversation and mood observations
• Call summaries and reports for authorised family members
• 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, monitoring service, or substitute for professional healthcare.

What is NOT part of the Service. Emergency detection, emergency response, and the notification of family or emergency contacts are not part of the Service and are not included in any plan or price. Where our system happens to send a wellbeing alert, it is an unpaid, best-efforts courtesy only. It is not a feature you are purchasing, we do not promise it will occur, and it must not be relied upon. See section 8.

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 7-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. Plans priced per week are billed once per month (your weekly price multiplied by the number of weeks in the billing month); monthly and annual plans are billed for the period chosen. 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 Introductory Pricing & Price Changes

Our current prices are introductory and may change for new customers over time. If we change the price of an existing subscription, we will give you at least 30 days' notice, and the change will apply from your next billing cycle after the notice period. You may cancel at any time before a price change takes effect.

4.5 Call Allowances, Roll-over and Fair Use

Each plan includes a set amount of check-in call time every billing month (your "monthly allowance"), shown with your plan. Calls draw from this allowance.

No roll-over. Your monthly allowance refreshes at the start of each billing month. Unused calls or minutes do not accumulate or carry over to the following month. If we are unable to reach your loved one on a scheduled day, we will try again within a few days where practical, within the same month.

We won't rush your loved one. Our callers will not cut a conversation short abruptly. If a call runs longer than the typical length for your plan, the additional time is drawn from that month's allowance, which may mean some later calls that month are a little shorter. If the monthly allowance is fully used before the end of the month, remaining calls may be kept brief or paused until your allowance refreshes at your next billing date.

Longer or more frequent calls. If your loved one regularly enjoys longer or more frequent calls than your plan provides, we will let your nominated family contact know and suggest a plan that suits them better. You are never charged more without choosing to upgrade.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time. On plans that include dashboard access (Essential and above) you can cancel from your account dashboard; on any plan, including Starter, which does not include a dashboard, you can cancel by contacting us any time at [email protected] or (03) 9003 0113. 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. Not an Emergency Service

8.1 Wellbeing alerts are a courtesy, not a service

Our system may attempt to send a wellbeing alert (for example an SMS to a nominated contact) if something said on a call appears to raise a concern. This is provided as an unpaid, best-efforts courtesy. It is expressly not part of the Service, is not included in any plan or fee, and forms no part of what you are paying for.

We give no promise, representation or undertaking that any alert will be generated, generated correctly, delivered, delivered to the right person, or delivered within any particular time. Alerts depend on speech recognition, mobile and carrier networks, and third-party providers, all of which fail from time to time and are outside our control. Concerning situations may be missed entirely, and alerts may be triggered when nothing is wrong.

8.2 You must not rely on alerts

You acknowledge and agree that you have not entered into this agreement in reliance on any alerting, detection or escalation capability, and that you will not rely on the Service to obtain help for anyone. It is a condition of your use of the Service that you keep independent emergency arrangements in place for the call recipient, such as 000, a personal alarm or medical alert device, and contactable family, neighbours or carers.

If a call recipient may require urgent assistance, call 000. Do not wait for, or act on the absence of, a wellbeing alert.

8.3 Nominated contacts

You are responsible for providing and keeping current the contact details of anyone you would like us to attempt to notify, and for confirming they consent to being contacted. We are not responsible for alerts that fail because details are missing, out of date, unreachable, or because no contact was provided.

9. Limitation of Liability

Your rights under the Australian Consumer Law come first. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill. Nothing in these Terms excludes, restricts or modifies those guarantees or any other right you have that cannot lawfully be excluded. Everything below applies only to the extent the law allows, and is read down to the extent it would otherwise be unenforceable.

Subject to that, and to the maximum extent permitted by law:

• We do not warrant that the Service will be uninterrupted, timely, error-free, or that any particular call will be made, connected, completed or understood
• We are not liable for any loss to the extent it is caused by something outside our reasonable control, including telephone, mobile, internet and carrier outages, power failures, third-party providers, the recipient not answering or being unreachable, or incorrect or out-of-date contact details you supplied
• We are not liable for any loss to the extent it arises from reliance on the Service, or on any alert or absence of an alert, to detect, prevent or respond to a fall, illness, injury, deterioration, emergency or death, none of which the Service is designed or sold to do (see section 8)
• We are not liable for indirect or consequential loss, or for loss of profits, revenue, data, opportunity or anticipated savings
• Where our liability can lawfully be limited, our total aggregate liability for all claims is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim
• Any claim must be brought within 12 months of the event giving rise to it, to the extent the law permits a period to be agreed

Our liability is reduced proportionately to the extent that your act or omission, or that of the call recipient or a nominated contact, caused or contributed to the loss.

These limits reflect the price of the Service, the fact that it is a companionship and wellbeing service rather than a monitoring, medical or emergency service, and the fact that you retain responsibility for the call recipient's emergency arrangements.

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: