Terms of Service

1. Agreement to Terms

By accessing or using the ReelAI Platform ("Service"), you ("Client", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and WIT SOLUTIONS PTY LTD (ACN 634 805 324), trading as ReelAI ("we", "us", or "our"), governing your use of the Service.

2. Service Description

ReelAI provides a Business-to-Business (B2B) Software-as-a-Service (SaaS) platform that enables businesses to manage AI-powered voice receptionist services, call analytics, and automated outbound campaign management.

The Service is provided exclusively to business clients for their commercial use. The Service is not intended for direct consumer use.

3. Client Responsibilities

By using the ReelAI Platform, you acknowledge and agree that:

3.1 Legal Compliance

You are solely responsible for ensuring your use of the Platform complies with all applicable laws, regulations, and industry standards, including but not limited to:

• Privacy Act 1988 (Cth) and Australian Privacy Principles
• Telecommunications (Interception and Access) Act 1979
• Spam Act 2003
• Do Not Call Register Act 2006
• State and Territory listening device laws
• Any other applicable Commonwealth, State, or Territory laws

3.2 Call Recording Notification

You are responsible for notifying your end-users (customers) that calls may be recorded and obtaining any required consent before initiating or receiving calls. This includes, but is not limited to:

• Configuring your AI agents to announce call recording at the start of each call
• Obtaining explicit consent where required by applicable laws
• Providing clear opt-out mechanisms where legally required
• Maintaining records of consent where required

3.3 Privacy Notices

You must maintain your own privacy policy that accurately describes:

• Your use of the ReelAI Platform to process customer calls
• How customer data is collected, used, and stored
• The involvement of third-party service providers (including US-based providers)
• Your customers' rights regarding their personal information

3.4 End-User Consent

You warrant that you have obtained all necessary consents from your customers for:

• Recording and processing of their calls
• Storage and analysis of call data
• Processing of their personal information through the Platform
• Disclosure of their information to third-party service providers

3.5 Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit spam, unsolicited communications, or violate anti-spam laws
• Engage in fraudulent, deceptive, or misleading practices
• Contact numbers registered on the Do Not Call Register (unless exempt)
• Harass, threaten, or abuse any person
• Upload malicious code or attempt to compromise the Service

4. Data Processing

4.1 Data Controller vs Data Processor

You are the Data Controller of any customer data processed through the Platform.ReelAI acts as a Data Processor on your behalf. You are responsible for all obligations of a data controller under applicable privacy laws.

4.2 Third-Party Sub-Processors

You acknowledge and consent to ReelAI using the following sub-processors:

• Retell AI (United States) - Real-time AI voice call processing and transcription during active calls. Retell is configured to retain metadata only — transcripts, recordings, and other personal information are not stored by Retell, and any retained data is deleted within 24 hours
• Cloud Infrastructure Provider (Australia) - Long-term data storage and infrastructure services
• AI Service Provider (Australia) - AI analysis and processing

Important: During active calls, call audio is processed in real time by Retell AI in the United States. Retell is configured to store metadata only — call transcripts, recordings, and other personal information are removed and permanently deleted within 24 hours. The permanent transcript and recording are stored in Australia. You are responsible for disclosing this overseas processing to your customers.

4.3 Data Security

ReelAI implements enterprise-grade security measures to protect your data:

• Military-Grade Encryption at Rest: All data stored in our secure databases and file storage uses AES-256 encryption
• Encryption in Transit: All data transmission protected by TLS 1.3 protocol
• Australian Data Centres: All permanent data storage hosted on AWS Sydney infrastructure, which is IRAP-assessed at the PROTECTED level
• Australian Data Sovereignty: 100% of permanent storage remains in Australia
• Multi-Tenant Isolation: Database-level client separation ensures your data cannot be accessed by other clients
• Role-based access controls: Granular permission system with admin and client roles
• Security Maintenance: Ongoing application of security patches and platform updates
• Zero payment card storage: All payment processing handled by PCI DSS Level 1 certified Stripe

While no system can guarantee absolute security, we continuously invest in security infrastructure that meets or exceeds industry standards for B2B SaaS platforms handling sensitive communications data.

5. Intellectual Property

5.1 Platform Ownership

The Service, including all software, designs, and documentation, is owned by ReelAI and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription term.

5.2 Client Data

You retain all rights to your customer data. By using the Service, you grant ReelAI a limited license to process your data solely for the purpose of providing the Service.

6. Fees and Payment

6.1 Subscription Fees

You agree to pay all fees as agreed in your service agreement. Fees are non-refundable unless otherwise stated in your agreement.

6.2 Excess Usage Charges

Each subscription plan includes a monthly call allowance. If you exceed the included call allowance during your billing period, additional calls will be charged at the overage rate applicable to your subscription plan (plus GST where applicable).

Excess usage charges are calculated over your billing cycle and will be automatically calculated and charged to your nominated payment method as part of your regular billing cycle. A tax invoice will be issued for any additional calls.

Your current usage, included allowance, applicable overage rate, and any accrued excess usage charges are available at any time on the Billing & Usage page within your ReelAI dashboard.

6.3 Changes to Pricing

We reserve the right to introduce, modify, or adjust our fees, plans, call allowances, and overage rates at any time. We will notify you of such changes by email or through the Platform, and the change will take effect on the date specified in that notice. Your continued use of the Service after that date constitutes acceptance of the updated fees.

7. Liability and Indemnification

7.1 Limitation of Liability

To the maximum extent permitted by law, ReelAI shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Damages arising from your violation of applicable laws
• Damages arising from your failure to obtain proper consents

Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

7.2 Client Indemnification

You agree to indemnify, defend, and hold harmless ReelAI from any claims, damages, liabilities, and expenses (including legal fees) arising from:

• Your failure to obtain proper consent from your customers for call recording
• Your violation of privacy, telecommunications, or other applicable laws
• Your misuse of customer data obtained through the Platform
• Claims by your customers regarding their personal information
• Your violation of these Terms
• Any content or data you input into the Platform

8. Termination

Either party may terminate this agreement with written notice as specified in your service agreement.

We may immediately suspend or terminate your access if:

• You violate these Terms
• Your use poses a security risk or legal liability
• You fail to pay fees when due

Upon termination, your data will be retained and then deleted in accordance with the data retention periods set out in our Privacy Policy, except where we are legally required to retain it for longer (for example, billing records and call recordings retained for tax and compliance purposes).

9. Warranties and Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law. Where permitted, our liability for breach of a non-excludable guarantee is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied.

10. Governing Law

These Terms are governed by the laws of the Commonwealth of Australia and the State/Territory where ReelAI is registered. You agree to the exclusive jurisdiction of courts in that location.

11. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through the Platform, and the changes will take effect on the date specified in that notice.

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

12. Contact Information

For questions about these Terms, please contact: