Terms of Service

Last Updated: 30 December 2025

These Terms of Service ("Terms") govern your use of the Kindly Call wellness check-in service operated by Yes AI Pty Ltd ("we", "us", "our"). By using our service, you agree to these Terms. If you do not agree, do not use our service.

Important: Kindly Call is a wellness check-in service, NOT a medical, emergency, or monitoring service. We are not a substitute for professional healthcare, emergency services, or personal care assistance. See Section 7 for full limitations.

1. Service Description

Kindly Call provides AI-powered telephone wellness check-in calls to designated recipients. Our service includes:

Automated daily check-in calls at scheduled times
AI-generated wellness summaries sent to designated family members
Call recording and transcript analysis
Optional alerts based on call content

The specific features, frequency, timing, and scope of services may change at our discretion. We reserve the right to modify, suspend, or discontinue any aspect of the service at any time.

2. Account Registration

You must provide accurate, complete information when registering. You are responsible for maintaining the confidentiality of your account and for all activities under your account. You must be at least 18 years old to use our service.

By registering a call recipient, you represent that you have the legal authority to do so and have obtained their informed consent for:

Receiving automated calls from our service
Recording and analysis of all calls
Sharing of wellness information with designated family members

3. Fees and Payment

Subscription fees are charged in advance at the beginning of each billing period. All fees are in Australian dollars and include GST where applicable. We may change our pricing at any time; changes will apply to your next billing period after notice.

Free trials automatically convert to paid subscriptions unless cancelled before the trial ends. You are responsible for cancelling before the trial period expires to avoid charges.

Refunds are provided solely at our discretion. We are not obligated to provide refunds for any unused portion of your subscription.

4. Cancellation

You may cancel your subscription at any time through your account or by contacting us. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.

We may suspend or terminate your account at any time for any reason, including suspected violation of these Terms, without prior notice or liability.

5. Acceptable Use

You agree not to:

Use the service for any unlawful purpose
Provide false information about yourself or call recipients
Register recipients without their knowledge or consent
Attempt to access our systems without authorisation
Interfere with the proper operation of the service
Resell or commercially exploit the service without permission

6. Intellectual Property

All content, technology, trademarks, and intellectual property associated with our service belong to us or our licensors. You receive a limited, non-exclusive, non-transferable license to use the service for personal, non-commercial purposes only.

By using our service, you grant us a perpetual, worldwide, royalty-free license to use, store, analyse, and create derivative works from call recordings and content for the purpose of providing and improving our services, training AI systems, research, and any other purpose.

7. Limitation of Liability

Critical Disclaimer: Kindly Call is NOT an emergency service, medical monitoring system, or substitute for professional care.

To the maximum extent permitted by law:

No Medical Services: We do not provide medical advice, diagnosis, treatment, or monitoring. Nothing in our calls or reports should be interpreted as medical guidance.
No Emergency Response: We are not an emergency service. We do not guarantee detection of emergencies, falls, health crises, or dangerous situations. In an emergency, call 000.
No Guaranteed Contact: We do not guarantee successful connection on every call. Calls may fail due to technical issues, unanswered phones, or other factors beyond our control.
AI Limitations: Our AI may misinterpret information, miss important cues, or generate inaccurate reports. Human judgment should always be applied to AI-generated content.
No Liability: We are not liable for any injury, harm, death, loss, or damage arising from use of or reliance on our service, including failure to detect emergencies or health issues.

Our total liability for any claim is limited to the fees you paid us in the three months prior to the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages.

Some jurisdictions do not allow certain liability exclusions. In such cases, our liability is limited to the minimum extent permitted by law.

8. Indemnification

You agree to indemnify and hold harmless Yes AI Pty Ltd, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the service, violation of these Terms, or infringement of any rights of third parties.

9. Service Availability

We aim to provide reliable service but do not guarantee uninterrupted availability. We may suspend service for maintenance, updates, or other reasons without notice. We are not responsible for any loss resulting from service interruptions.

10. Privacy

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

11. Changes to Terms

We may modify these Terms at any time by posting updated Terms on our website. Changes are effective immediately upon posting. Your continued use of the service after changes constitutes acceptance. It is your responsibility to review these Terms periodically.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for any disputes. You waive any objection to venue in these courts.

13. General

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.
Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
Waiver: Our failure to enforce any right does not waive that right.
Assignment: We may assign these Terms without restriction. You may not assign your rights without our consent.
Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.

14. Contact Us

For questions about these Terms:

Yes AI Pty Ltd (trading as Kindly Call)
Email: [email protected]
Phone: (03) 9999 7351