Terms of Service

1. About Our Services

1.1 Cloud Service

Secretary Builder is a service that enables You to build AI agents for call operations. Our Services include APIs for voice interactions, number provisioning, call handling, and a dashboard for customization and integration, including use cases such as customer service, outbound sales, information gathering, and surveys.

1.2 No Emergency Services

The Services are not intended to support or carry emergency calls (e.g., 000 or 112). You must maintain an alternative means to contact emergency services and agree not to attempt to place emergency calls using the Services.

1.3 Third-Party Services

Certain features rely on third-party services, including without limitation telephony services (e.g., Twilio), payment processing (e.g., Stripe), authentication and data services (e.g., Google and Firebase), and AI model services (e.g., OpenAI). Use of these features may be subject to additional terms from those providers. Fusion RS is not responsible for third-party services and disclaims all liability arising from their acts or omissions.

1.4 AI Outputs and Customer Responsibility

The Services may generate content, transcriptions, and responses using artificial intelligence (“AI Outputs”). AI Outputs can be inaccurate, incomplete, or inappropriate for Your use case. You are solely responsible for reviewing, validating, and deciding how to use AI Outputs, for configuring prompts, instructions, and knowledge-base content, and for ensuring compliance with all applicable laws (including privacy and consumer laws) and any third-party rights. The Services do not constitute professional advice (including legal, medical, or financial advice), and You must not rely on AI Outputs as a substitute for Your own judgment or independent professional advice.

2. Fees and Billing

2.1 Payment

The information about Secretary Builder service plans is posted on https://www.secretarybuilder.com.au/#pricing. Services are charged on a monthly basis (“Subscription Period”). Upon signing up, You will provide Fusion RS with a valid credit card number and billing information. You authorize Fusion RS to charge and/or place a hold on Your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay the monthly charges (including without limitation all Taxes applicable to Your Service charges) without requiring a signed receipt, and You agree that Your acceptance of these Terms is authorization to the issuer of the credit card to pay all such amounts.

2.2 Subscription

If you wish to cancel the service, you must delete your workspace or remove all subscription-based items (e.g., phone numbers) before the end of the current Subscription Period. Failure to do so will result in the automatic renewal of the subscription items for the next Subscription Period, and you will be responsible for the applicable fees.

2.3 Automatic Payment

You authorize Fusion RS and/or any other company acting as billing agent for Fusion RS to charge Your credit card at the end of the month, and to continue to attempt to charge and/or, if We so elect, place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full, subject to Fusion RS’s rights of suspension and termination and other remedies for non-payment set forth herein. Notwithstanding the foregoing, Fusion RS is under no obligation to continue attempting to charge Your credit card before exercising any other remedies hereunder.

2.4 Credit Card on File

You will provide Fusion RS with updated credit card information upon Fusion RS’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Fusion RS is not liable for any penalties or administrative fees assessed by Your card issuer for insufficient funds or other charges incurred by You as a result of such attempts to charge and/or place holds on Your credit card. If You mistakenly provide a debit card number instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.

2.5 Billing

If We elect to issue You an invoice, We may do so in any format as We determine from time to time. If You request an invoice or additional copies of any invoice(s), or detailed information about Your usage of Services, additional charges may apply as We may establish from time to time. Our decision to issue invoices shall not limit Our rights hereunder to automatically charge Your credit card on file on the date specified in Section 2.4.

2.6 Late Payment Fee; Grace Period

If the automatic payment method fails, You will be issued an invoice with a 14-day due date. If the invoice remains unpaid by the due date, a 7-day grace period will be provided. Fusion RS reserves the right to suspend or stop services automatically if the payment is not received within this grace period. You agree that for amounts not paid by the due date, We may charge, and You agree to pay, a late payment fee equal to the lesser of 10% of the past due amounts or the maximum allowed by law. In the event You fail to pay billed charges when due and it becomes necessary for us to refer Your account(s) to a third party for collection, or We resort to any other remedy available to Us to collect any amounts that You owe, You will be liable for all costs associated with Our collection efforts, including without limitation, attorneys’ fees and court costs.

2.7 Service Changes

Fusion RS may change the rates at any time by posting such change at https://www.secretarybuilder.com.au/#pricing. The new rate will apply to Your next billing cycle, as the case may be after the new rates have been published. Please check the latest rates before You use the applicable Service. If You do not accept the new rates, do not use the Service.

2.8 Payment Processing

Payments are processed by third-party payment processors (e.g., Stripe). Fusion RS does not store full credit card numbers. Your use of payment processing is subject to the applicable processor’s terms.

2.9 GST and Taxes

Unless expressly stated otherwise, all fees are exclusive of GST. If GST is payable on any supply under these Terms, You must pay to Fusion RS an additional amount equal to the GST payable on the supply. Terms used in this Section have the meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

2.10 Refunds

Except as required by law (including the Australian Consumer Law), fees are non-refundable. This Section is subject to Section 5.2 (Australian Consumer Law).

3. Acceptable Use

3.1 In General

Secretary Builder’s Acceptable Use Policy constitutes an integral part of these Terms and is designed to prevent fraud and abuse of the Services and facilitate compliance with applicable laws among our Customers. Our goal is to protect the integrity of all related systems for the benefit of all customers and partners and prevent any illegal conduct with the use of our Services and systems. Any use of the Services or any other action that disrupts the integrity of any Secretary Builder system or service and/or any vendor system or service, whether directly or indirectly, is strictly prohibited and could result in immediate termination of the Services.

You agree that you will not use the Services in ways that violate laws, infringe the rights of others, or interfere with the users or equipment of the Services. You shall use the Services only for lawful purposes. Fusion RS reserves the right to immediately terminate your Services if, in our sole and absolute discretion, Fusion RS determines that you have used the Services for an unlawful purpose, including, but not limited to, violating Secretary Builder’s Know-Your-Customer requirements.

You shall not use the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or constitutes any similar behavior.

3.2 Telemarketing Compliance (Australia)

You must not use the Services in violation of applicable Australian laws governing the making and sending of calls and text messages. Relevant laws and regulations include, but are not limited to, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Telecommunications Act 1997 (Cth), and the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017, as well as related industry codes and determinations administered by the Australian Communications and Media Authority (ACMA).

Among other things, these laws and regulations may:

• Require consent for certain types of calls or messages and require You to document and retain evidence of such consent;
• Require You to present a calling line identification (CLI) number that can be called at a later time and is not blocked;
• Require You to identify Your organisation and provide contact details at the beginning of the call, and provide the source of the recipient’s number upon request;
• Require You to notify parties to the call that their call is being recorded and, in some cases, obtain prior consent to the call recording and disclose the use of third-party vendors for call analytics;
• Restrict calling times. Telemarketing calls are generally permitted only: weekdays 9:00 a.m.–8:00 p.m.; Saturdays 9:00 a.m.–5:00 p.m.; and are not permitted on Sundays or national public holidays, unless the recipient has expressly consented;
• Prohibit calling numbers listed on the national Do Not Call Register unless an exception applies or consent has been obtained; and
• Require prompt termination of the call if the recipient asks to end the call or requests not to be called again.

If consumer consent is required under Australian law to place calls using Secretary Builder’s technology, Customer is required to document proof of the required level of consent of each consumer who the Customer contacts. Such documentation must be preserved for at least the minimum amount of time prescribed by the applicable law, but in any case, it must be maintained for no less than five years. Fusion RS retains the right to audit Your use of our Services to ensure Your compliance with the applicable laws.

Customers using AI voice for outbound calls must ensure their systems are programmed to scrub phone numbers against the applicable Commonwealth, State or Territory, and Customer-specific Do-Not-Call (DNC) lists regularly and in no event less frequently than every 30 days.

3.3 Fraud Prevention and Rights of Publicity

You shall not use our Services to offer or otherwise make fraudulent goods, services, schemes, or promotions available to others, including make-money-fast schemes, Ponzi and pyramid schemes, or for phishing, pharming, harvesting, or similar deceptive practices.

Providing altered, deceptive, or false information about the sender's identity or a call's origin is expressly prohibited.

You shall only use the AI voices you have the rights to use under the applicable laws and licenses. You must not use the voices of real people (or deceptively similar voices) without their consent, and you must not use real people’s voices (or deceptively similar voices) for any purpose the relevant person has not authorized.

4. Indemnity

You agree to indemnify, defend and hold harmless Fusion RS, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal costs) relating to or arising out of Your use of or inability to use the Site or Services, any user postings made by You, Your violation of any terms of this Agreement, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. This includes, without limitation, any claims, demands, actions, or proceedings arising from or related to (a) Your prompts, instructions, or configuration of the Services; (b) data, content, or materials You provide or upload (including knowledge-base content); and (c) AI Outputs You generate, use, or publish (including claims of inaccuracy, defamation, misleading or deceptive conduct, infringement, privacy or data protection violations, or other harm). Fusion RS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Fusion RS in asserting any available defenses.

5. Disclaimers

To the extent permitted by law, the Services are provided on an “as is” and “as available” basis and we exclude all warranties, representations, and guarantees not expressly set out in these Terms. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

To the maximum extent permitted by law, Fusion RS disclaims liability for any decisions, actions, or failures to act by You or any third party that are based on or result from AI Outputs, transcripts, or analytics produced by the Services. AI Outputs may be inaccurate or incomplete and are provided for informational purposes only.

FUSION RS MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. FUSION RS IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.

FUSION RS DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH THE USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT CUSTOMER’S SOLE RISK AND DISCRETION, AND FUSION RS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER OR CUSTOMER'S PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMERS FROM FUSION RS, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

5.2 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantees, warranties, terms or conditions, rights or remedies implied or imposed by the Australian Consumer Law (ACL) or any other applicable law which cannot be lawfully excluded, restricted or modified. If You are a consumer (as defined in the ACL), our services come with guarantees that cannot be excluded. For major failures with the service, You are entitled to cancel Your service contract with us, and to a refund for the unused portion, or compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, You are entitled to have the failure rectified within a reasonable time; if this is not done You are entitled to a refund for the service and to cancel the contract for the service and obtain a refund of any unused portion.

6. Liability Limits

To the extent permitted by law, we are not liable for any loss of profit, loss of data, loss of goodwill, or any indirect or consequential loss. Our total aggregate liability for all claims arising in connection with the Services in any 12‑month period is limited to the greater of the amount you paid for the Service giving rise to the claim in that period or AUD $100. Nothing in these Terms limits liability for matters that cannot be limited under Australian law, including liability for failure to comply with consumer guarantees under the Australian Consumer Law where such failure cannot lawfully be limited. Where our liability for breach of a consumer guarantee can be limited, our liability is limited, at our option, to resupplying the Services or paying the cost of having the Services resupplied.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 5.2, FUSION RS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO SECTION 5.2, OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED AUSTRALIAN DOLLARS (A$100). NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR FRAUD OR FOR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

7. Intellectual Property

7.1 In General

All rights, title, and interests in the Service, Site, and any content contained herein are the exclusive property of Fusion RS (including the Secretary Builder brand), except as otherwise stated. The Service is for Your legitimate business use only. Fusion RS and its licensors own this entire website, including the names, logos, trademarks, service marks (collectively, the “Marks”), and any related or underlying technology, except User Content. The Site's content may also be covered by applicable copyright or other intellectual property laws and treaties. Without the prior written consent of Fusion RS, You are not permitted to make use of any of its Marks.

7.2 Limited License

Subject to Your compliance with these Terms, Fusion RS grants You a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and the Site for Your personal or internal business purposes. This license does not include any right to:

• Modify, adapt, or hack the Service
• Reverse engineer, decompile or disassemble the Service
• Sublicense, sell, rent, lease, transfer, assign, or distribute the Service
• Create derivative works based on the Service

7.3 User-Generated Content

You retain ownership of any content You submit, upload, or provide to the Site or Service, including software, text, audio, video, images, user-generated content, reviews, testimonials, forum posts, and social media posts (“User Content”).

By submitting User Content, You grant Fusion RS a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with the Service.

7.4 AI-Generated Content

The ownership and intellectual property rights to any AI-generated content offered by Secretary Builder in the provision of Services (“AI-Generated Content”) are subject to the following terms.

• Fusion RS or its licensors retain ownership of the underlying AI models and algorithms used to generate the AI-Generated Content.
• You are granted a license to use the AI-Generated Content for Your personal or internal business purposes, subject to the restrictions outlined in these Terms.
• Fusion RS does not claim ownership of ideas or information You provide as inputs for the creation of AI-Generated Content.

7.5 Feedback

If You provide Fusion RS with any feedback, suggestions, or ideas regarding the Service or the Site (“Feedback”), You grant Fusion RS a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to compensate You.

7.6 Third-Party Intellectual Property

The Service may incorporate third-party intellectual property. Fusion RS does not claim ownership of such third-party content, and You agree to comply with any applicable third-party terms and conditions.

7.7 Trademarks

All trademarks, service marks, and trade names used on or in connection with the Service are the property of their respective owners. You may not use any trademarks, service marks, or trade names appearing on the Service or the Site without the owner’s prior written consent.

You grant Fusion RS the right to identify You as a user of the Service or Site, using Your Marks on Secretary Builder’s Site and in its marketing materials. For the duration of the Agreement, You grant Fusion RS a non-exclusive, royalty-free license to use Your Marks in connection with any marketing, promotion, or advertising of Secretary Builder or the Services.

8. Call Recording and Third-Party Providers

If recording is enabled in Your account, You give Fusion RS permission to record calls made using the Service and Site and to process communication data (“Communications”) and User Content for offering AI-powered analytics and the development, training, and improvement of artificial intelligence and machine learning models that are included in the Service and Site. Before being used for these purposes, the data will be de-identified and aggregated using commercially reasonable industry-standard technologies. Nothing in this section lessens or restricts Your obligations under applicable laws, as described in Section 3. You are responsible for ensuring that You have provided all required notices and obtained all required consents under applicable State or Territory surveillance devices laws (for example, the Surveillance Devices Act 2007 (NSW) and equivalent laws). Third-party services used in connection with the Services may include, without limitation, telephony via Twilio, payments via Stripe, authentication and data services via Google and Firebase, and AI model services via OpenAI.

9. Copyright Complaints (Australia)

Fusion RS respects the intellectual property rights of others and expects users of the Site to do the same. If you believe material on the Site infringes your copyright under Australian law, please contact us with sufficient detail to identify the material and your rights. We will handle complaints in accordance with applicable Australian laws.

If You believe that Your copyrighted work has been used in a way that constitutes infringement under Australian law, please provide our copyright agent with the following information:

Notices should relate to alleged infringements under the Copyright Act 1968 (Cth).

10. Changes to These Terms

Fusion RS reserves the right to modify these Terms at any time in its sole discretion. Updated versions of the Terms will be posted on the Website and are effective immediately. Your continued use of the Website after any such changes constitutes Your acceptance of the new Terms.

The most current version of the Terms will supersede all previous versions. Fusion RS encourages You to periodically review the Terms to stay informed of our updates.

11. Dispute Resolution (Australia)

11.1 Pre-Trial Dispute Resolution

For all disputes, You must first give us an opportunity to resolve Your claim by sending a written description of Your claim to the address in Section 11.6 below. We each agree to negotiate with each other in good faith about Your claim. If we do not resolve the claim within 60 days after we receive this claim description, You may pursue Your claim in court. We each agree that if You fail to timely pay amounts due, we may assign Your account for collection, and the collection agency may pursue in-court claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.

11.2 Governing Law

This Agreement is governed by, and construed in accordance with, the laws in force in New South Wales, Australia, without regard to conflict of law principles.

11.3 Exclusive Jurisdiction

The courts of New South Wales, Australia have exclusive jurisdiction to determine any dispute arising out of or in connection with this Agreement.

11.4 Venue

Any legal action or proceeding arising from or relating to this Agreement must be commenced in the courts of New South Wales, Australia.

11.5 Consent to Jurisdiction

Each party irrevocably submits to the jurisdiction of the courts of New South Wales, Australia, and waives any objection to venue, including based on forum non conveniens.

11.6 Legal Notices

Legal notices (including copyright notices and dispute notices) may be sent to: info@secretarybuilder.com.au.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

13. Assignment

You may not transfer or assign this Agreement or any of Your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement or Your debts to us without notice. Upon our transfer or assignment of this Agreement, Fusion RS shall be released from all liability with respect to this Agreement.

14. Force Majeure

Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computer viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.

15. Enforcement and Waiver

Fusion RS has the right, but not the obligation, to monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Fusion RS will determine, in its sole discretion, whether You violated or attempted to violate any of the provisions of this Agreement or the Acceptable Use Policy. If we determine or suspect that You violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit Your Service. Additionally, we may report actual or suspected criminal offenses to appropriate law enforcement authorities. Fusion RS will cooperate with law enforcement investigations where criminal activity is suspected, and You agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.