Giday Terms of Service

Launchr Pty Ltd (ABN 46 696 518 206) trading as Giday

Version 1.5. Effective 3 September 2026.

Last updated 3 September 2026. (What changed in 1.5: sections 3.5, 12.6 and the Schedule — the instruction to tell a caller to hang up and ring 000, end the call and text you now applies in restricted mode only; an ordinary agent is given no emergency instruction. What changed in 1.4: section 12 — we now supply health and medical businesses in a restricted mode, in place of declining the sector. Section 12.4 says plainly what that mode does not promise.)

The short version

We are not going to hide anything important in clause 19. Here is the whole deal in a box, and the rest of the document says the same things with more precision. If the box and the detail ever disagree, whichever is more favourable to you applies — and please tell us, so we can fix the document.

• Giday answers your business phone with an AI receptionist. It takes messages, books jobs, quotes from the price list you give it, sends SMS, and records and transcribes calls.
• It is an AI. It can get things wrong. It is not an emergency service. Section 3 says exactly where it falls over, in plain terms, because you should know before you point your phone at it.
• Your free trial is 7 days or 60 minutes of call time, whichever runs out first, and the clock starts at your agent's first answered call. Read section 5 carefully: if no call is ever answered, your subscription still converts 7 days after sign-up unless you cancel, so we would rather ring you than charge you for a service that never answered a phone.
• Plans are $49, $99, $199 and $399 a month including GST, each with included minutes and included SMS set out in section 6. Month to month. Cancel any time online, effective at the end of the month you have paid for. No lock-in, no notice period, no exit fee.
• If you have a huge month, we charge you the cheaper of your plan plus overage, or what a higher plan would have cost for that month. Two busy months in a row and that discount caps at one plan up — by then it is your normal usage, not a surprise, and we will have asked you to move to the plan that fits (section 7.2). It lowers a big bill; it is not a fixed ceiling on what a month can cost.
• We never move you to a more expensive plan without you saying yes.
• The spoken notice telling callers the call may be recorded plays on every call, and it cannot be switched off — not by you, and not by us if you ask. In several States that notice is how consent to record is obtained, for you and for us. Section 9 explains exactly what it says and what it does not say.
• Health and medical businesses run in restricted mode. We ask at sign-up. Answer yes and your agent is not allowed to hear, say or keep anything clinical, and no call audio is kept at the voice provider; answer not sure and you are an ordinary client. Section 12 says exactly what that mode does and does not promise.
• We do not change these terms, the price, or the way the service works in any way that hurts you without telling you first and giving you a free way out. 30 days' notice, by email, and a pro-rata refund if you go.
• Nothing here takes away your rights under the Australian Consumer Law. Section 22 says so first, before it says anything about limiting our liability, because that is the honest order to put it in.

1. Who these terms are with

1.1 These terms are the agreement between you and Launchr Pty Ltd (ABN 46 696 518 206), a company registered in Queensland, Australia. In these terms, "we", "us" and "our" means Launchr Pty Ltd. "Giday" is the name of the service.

1.2 "You" and "your" means the business that subscribes to Giday, and any person you authorise to use your account. If you agree to these terms on behalf of a business, you are confirming you are authorised to do that.

1.3 A "caller" is a person who rings your number and speaks to your agent. Callers are not parties to these terms. They have their own rights, and section 14 explains how we deal with them.

1.4 We keep a record of which version of these terms you agreed to and when. If you ask, we will give you a copy of the exact version you agreed to. If we cannot produce it, we will not rely on it against you.

1.5 Where these terms refer to another document, such as the Privacy Policy, the Acceptable Use and Client Responsibilities document, or the Data Handling, Retention and Sub-processors statement, we will make that document available in your dashboard before you agree to these terms, and we will give you notice of changes to it on the same terms as section 16.

1.6 Every figure in these terms and in the documents referred to in 1.5 is stated in full before you agree. We will not ask you to agree to a term containing a blank or a placeholder, and a term presented to you with a placeholder unfilled does not bind you.

2. What Giday does

2.1 Giday is an AI virtual receptionist. When someone rings the number you point at us, an AI agent answers in your business's name and, depending on how you have set it up and what your plan includes:

• takes a message and passes it to you by SMS and email;
• answers questions about your business from a knowledge base you supply, which may include content imported from your website;
• gives a caller a price or estimate from the price list you have loaded, once a person here has checked that list and switched quoting on;
• books a job into your Giday diary, and writes the job into ServiceM8 if you have connected it;
• reads a calendar feed you give us, so it does not double-book you. It does not write into your own calendar;
• sends SMS to the caller, either a transactional message about their job or, where the caller has given consent on the call, a quote follow-up;
• transfers the call to you or to another number you nominate;
• records and transcribes the call.

2.2 We give you a dashboard where you can see and change your agent's settings, read transcripts, listen to recordings, and see your call and usage records. Ask us for an export of any of it and we will send it to you — see 15.3.

2.3 What Giday actually does for you is what you have configured and what your plan includes. We do not promise features we have not built. If someone here told you Giday does something and neither this document nor your dashboard shows it, tell us and we will either confirm it in writing or correct it. If we told you something and you relied on it, we are answerable for that whether or not it is written down here, and nothing in these terms changes that.

2.4 Calls we make to you. We may place occasional test calls to your Giday number to check the service is working, and we may ring you — sometimes with our own AI assistant, who says she is an AI in her first sentence — about your set-up, your trial, or a payment that did not go through. Those calls are recorded and transcribed. A test call to your Giday number hears the same notice as any other caller; a call we make to you does not, because on that call we are the caller and the notice belongs to your line. Our test caller presents as an ordinary customer and does not announce itself as a test; if one reaches a person at your business rather than your agent, tell us and we will delete the recording. Our internal testing will never touch your billing, your trial or Stripe clock, your diary, your job system, or send SMS to your customers. If a test call ever appears on your usage, tell us and we will remove it.

3. What Giday is not, and where it gets things wrong

This section is deliberately blunt. We would rather you read it now than find it out on a Tuesday afternoon.

3.1 It is an AI, not a person. Your agent identifies itself as an AI assistant in its opening line, and it says so again if a caller asks. It will never claim to be a human employee. If you write your own greeting, it must keep that disclosure — see section 11.3.

3.2 It can be wrong. Known ways it gets things wrong, which we are telling you about because you should design around them:

• it can mishear names, street names and addresses, especially on a poor mobile line, from a noisy job site, or with an unfamiliar accent;
• it can misread an ambiguous price list and give a caller a number you would not have given;
• it can misunderstand what a caller wants, or take an incomplete message;
• it can fail to push a completed booking into a connected job system if that system is unavailable;
• it may not answer at all if a carrier, a telephony provider, a speech provider or an AI provider we depend on is having an outage.

3.3 A quote from your agent is an estimate, not a binding price. Your agent says so in the same breath as every figure it gives, and it offers a way to get a firm price. There is no setting that makes a quote binding and we do not offer one. Do not configure it to say otherwise.

3.4 A job is booked when it is written into your Giday diary, which is where your agent works from and what your dashboard shows. If you have connected a job system such as ServiceM8, we also push the job there; if that push fails, the booking still stands in your Giday diary and we record the failure against the booking. Ask us and we will tell you about any that failed. If you have connected a calendar feed, we read it to avoid double-booking you — we do not write into it.

3.5 Giday is not an emergency service. Do not advertise a Giday number as an emergency line, an after-hours emergency contact, or a safety-critical number. Your agent may not recognise an emergency at all, and it cannot summon help. An ordinary agent is given no emergency instruction at all: it does not tell callers to ring 000, does not end a call for anything other than its normal conclusion, and does not alert you. Only an agent in restricted mode (section 12) is instructed that where a caller describes danger to life or limb it tells them to hang up and ring 000, ends the call and texts you, and you cannot switch that instruction off. Even that instruction is not a safety net and must not be relied on as one, because the agent may not recognise the emergency in the first place. If your business genuinely needs an emergency line, use a human on-call rota, not us.

3.6 Your agent is not a professional adviser. It is instructed not to give legal, medical, financial or safety advice, and you must not configure it to. Schedule B sets out the limits and says which are enforced by the platform and which are instructions.

3.7 We do not promise the service will never be unavailable. We do not give an uptime guarantee unless we have agreed one with you in writing and set out how it is measured. If we do agree one, we will honour it, and any service credit will be applied automatically without you having to ask. Not giving an uptime figure is not a limit on your rights. We still have to supply the service with due care and skill and fit for its purpose. If an outage means we did not, that is our problem, and section 22 applies.

3.8 If any of the above matters more to your business than it does to most, tell us before you go live. It is cheaper for both of us to say Giday is not the right fit than to find out on a lost job.

4. Getting set up

4.1 Numbers. You can either use a number we supply, or divert your existing number to it, or port your existing number to us.

4.2 Porting an existing number is done by carriers, not by us. It usually takes days, sometimes longer, and there can be brief interruptions during the cutover. We will tell you what we know about timing, and we will not tell you it takes minutes.

4.3 Numbers we supply are usually portable to another provider later, but portability depends on the carrier and we cannot promise a number we supply will be portable. If it matters to you that you can take the number with you, port in your own number instead. Section 21 covers what happens to numbers when you leave.

4.4 Your price list, your knowledge base, your settings. You load these, or you ask us to help load them. They are yours. You are responsible for whether they are accurate. We are responsible for applying them as you configured them, and for recording the figure your agent actually quoted on each call, against that call.

4.5 Knowledge base imports are for business content only. Import your services, prices, hours, service area, policies and FAQs. You will not knowingly import customer lists, client records, or any other document containing other people's personal information, and you will take reasonable care to check before you do. If you tell us, or we find, that some has got in, we will remove it and tell you we have, and provided you act promptly neither of us treats that as a breach.

4.6 If you connect ServiceM8 or another system, that connection does what the integration says it does and no more. We push jobs and bookings out to your system. We do not pull your customer records in. Read what it does before you switch it on.

5. Your free trial

5.1 Your trial is 7 days or 60 minutes of call time, whichever runs out first, and the 7 days start on the first call your agent answers. Not the day you sign up. We do it that way so you do not burn your free days waiting on a number divert or a port. The 60 minutes are shown, counting down, in your dashboard.

5.2 We take your card details up front through Stripe's hosted checkout. We charge you nothing on the day you sign up. Stripe may place a small temporary hold on the card to check it works — usually about $1. It is not a payment and we never collect it, but it may show on your statement and reduce your available balance for a few days until your bank releases it.

5.3 Your dashboard shows, for the whole trial: that your trial is running, how many of your 60 free minutes are left, when your free days end on current information, and a one-click link to cancel.

5.4 We email you a reminder at least 3 days before your first charge, telling you the exact amount, the date we will take it, and giving you the same cancel link.

5.5 If you cancel at any time during the trial, we do not charge you anything at all.

5.6 At the end of the free period your subscription converts to the paid plan you chose, at the price shown at sign-up, and bills monthly from that date.

5.7 Trial eligibility. One free trial per business, matched on ABN. If you have had a Giday trial before, you can still subscribe, but the free period will not apply. We show this condition next to the words "free trial" wherever we advertise it, not just in this document.

5.8 If your agent never answers a call, the free days never start counting — but your subscription still converts 7 days after sign-up unless you cancel. We are telling you that plainly because it is the one place the design and the billing clock do not line up. If your number has not been diverted to us and no call has been answered, we would rather ring you than charge you: we will contact you before the first payment. If you were charged for a service that never answered a call, tell us and we will refund it in full.

5.9 If your first charge is a surprise, we refund it. If you tell us within 14 days of your first payment that you did not expect it, we refund it in full, without asking why, and cancel the subscription from that date. This is our own promise and it is in addition to your rights under the Australian Consumer Law.

6. Plans, prices and GST

6.1 All prices in these terms and on our website are in Australian dollars and include GST. We issue a tax invoice for each payment.

6.2 How we measure minutes. We count the talk time of every call your agent answers, from when the agent starts speaking to when the call ends, and we add it up across the month in seconds — so a 90-second call costs you a minute and a half, not two minutes. We do not bill you for the recording notice at the start of the call, because the notice plays on the line before your agent's conversation begins and is not part of the talk time we count. Your dashboard shows the minutes on every call so you can check ours against yours.

6.3 We email you when you reach 80% of your included minutes for the month, so an overage is never the first you hear of it, and again if a busy month means we bill you at a higher plan's pricing under section 7 — that email shows you exactly what the ceiling saved you. Your usage is in your dashboard at any time.

6.4 Our usage records are not conclusive. We use them to work out your charges, and if you tell us you think a record is wrong, we will investigate, give you the underlying call log, and correct and credit or refund the charge if we got it wrong. Telling us within 60 days helps, because the call logs are most complete then, but it is not a deadline. You can raise a billing error with us at any time, and nothing in this clause limits your right to a remedy under the Australian Consumer Law or to bring a claim within the time the law allows.

6.5 You can move to a different plan yourself in the dashboard. A move up takes effect immediately if you choose, or from your next billing period. A move down takes effect from your next billing period. There is no fee either way.

7. Overage, and the busy-month price ceiling

7.1 If you use more than your included minutes or your included SMS in a month, the extra are charged at your plan's rates in the table in 6.1, and the ceiling in 7.2 is worked out on both together.

7.2 The busy-month price ceiling. If a heavy month means your plan fee plus overage would come to more than a higher plan would have cost you for that month, we charge you the cheaper amount instead. We work through every plan above yours and charge whichever combination is lowest. In effect, for that month only, you get the higher plan's pricing.

If it happens two months running, the ceiling is capped at one plan up. The ceiling is there for the month you did not see coming, not as a way to stay on the cheapest plan permanently while paying a bigger plan's rates. So the first busy month gets the full benefit — the cheapest combination, whatever it is. If the very next month is busy too, that is not a surprise any more, it is your normal usage, and we will already have emailed you suggesting the plan that actually fits. From that second month in a row the ceiling stops one tier above your plan, which may cost more than simply moving to the right plan. Moving plans is free, takes effect immediately, and we will tell you which one to pick.

Worked example. You are on Steady ($99, 60 included minutes, $2.50 a minute after that) and you use 130 minutes. Your plan plus overage would be $99 + (70 × $2.50) = $274. Busy for that month would have been $199 + (10 × $2.00) = $219. Flat Out would have been $399. We charge you $219, and your invoice shows the calculation and what the ceiling saved you.

And the second month running. Same usage the following month. Because your previous month also hit the ceiling, it now stops one tier above Steady — at Busy — so the answer is the same $219. Had your usage jumped far higher, the ceiling would still stop at Busy rather than reaching Flat Out, and your invoice will say so plainly.

7.3 The ceiling can only ever reduce your bill. It will never make a month cost more than your plan fee plus overage at your plan's rate.

7.4 The ceiling is for that month only, and it reverts automatically. Your plan does not change. Next month you are back on the plan you chose, at the price you chose.

7.5 We show on your invoice when the ceiling has applied and what it saved you.

7.6 We will never move you to a more expensive plan without your express consent. Not after a busy month, not after three busy months, not by "continued use", and not by a notice you have to reply to in order to refuse. If we think a different plan would suit you better, we will say so and leave the decision with you.

7.7 What the ceiling does not do. It reduces a big bill; it does not put a fixed dollar limit on one. On every plan except Flat Out, the most a month can cost you is what the most expensive plan you could have been on would have cost for that month. On Flat Out there is no plan above, so there is no upper limit on overage. If you want us to watch a number with you, or to agree a monthly ceiling in writing, ask and we will — we would rather ring you than send you a bill you did not expect.

8. Billing and payment

8.1 We bill monthly in advance for your plan fee, and in arrears for any overage from the month just finished. Payment is by card through Stripe.

8.2 If a payment fails, we retry it and we email you. We do not charge late fees or dishonour fees.

8.3 If a payment is still unpaid, we will email you a notice saying so and show it in your dashboard, and give you at least 14 days from that first notice to fix it before we suspend the service. We will send a second notice at least 3 days before the suspension date, naming the date. We will not suspend your phone answering without those notices.

8.4 There is no minimum term, no lock-in period, no notice period and no exit fee on any plan.

9. Call recording, transcription, and the notice at the start of the call

9.1 Calls to your Giday number are recorded and transcribed. That is how the service works.

9.2 Your agent's line plays a short spoken notice at the very start of every call, before anything is recorded. In words, the notice today says: "Thank you for calling [your business]. Your call may be recorded for quality and training purposes." It then says "Connecting you now" and hands the caller to your agent, which identifies itself as an AI assistant in its own opening line.

9.3 The notice cannot be turned off. There is no setting for it, no exception for any client, and we will not turn it off if you ask. In New South Wales, South Australia, Western Australia, Tasmania and the Australian Capital Territory the notice is how consent to record the call is obtained, and your callers can be anywhere in Australia. Without it neither you nor we have a consent position, so it is part of the service rather than a preference.

9.4 What the notice does not currently do, said plainly so you are not relying on something that is not there: it does not use the word "transcribed", and it does not offer the caller a route to continue the call without being recorded. If a caller objects to being recorded, your agent will not argue: it offers to delete the recording and transcript of that call, and to transfer them to you or take a message. See 9.5.

9.5 If a caller asks not to be recorded, or asks for the records of the call to be deleted, we delete them. The recording and transcript are purged within an hour of the call ending — on an hourly sweep, so a call still being processed at our voice provider goes on the next sweep instead — and we tell you it happened. Your agent cannot stop an in-progress recording mid-call, so the recording of that call exists until it is deleted. Callers can also ask us directly — section 14 covers this.

9.6 We do not keep a per-call log of whether the notice completed on each individual call, and we are not going to pretend we do. What we can tell you is that the notice is not configurable, so there is no setting on your account that could have had it off.

9.7 Recordings and transcripts are kept for the periods set out in the Data Handling, Retention and Sub-processors statement. If we shorten a retention period in a way that affects records you already have, we will give you at least 30 days' notice so you can ask for an export first.

10. SMS

10.1 Giday can send SMS to callers. There are two kinds:

• transactional messages about a specific job, such as a booking confirmation, a cancellation, or a message passed to you; and
• quote follow-ups, which are marketing, and which we only send where the caller has given express consent on the call.

10.2 SMS goes out in your name, not ours. Every quote follow-up identifies your business by its legal name, or its name plus ABN, and gives your contact details, because the law requires the message to identify the business that authorised it. That is you.

10.3 We build the compliance into the marketing message, and it is not editable. Every quote follow-up we send carries your business's identification and a working "Reply STOP" opt-out, injected by the platform and sent from an Australian mobile number that can receive the reply. You cannot switch that off or edit it out, and neither can we on request. If the identification is missing or the opt-out line would be truncated, the message is blocked rather than sent. Transactional messages — a booking confirmation, a cancellation, a message passed to you — are short factual texts about a specific job and do not carry an unsubscribe line, because they are not marketing.

10.4 We only send a quote follow-up where there is a stored consent record tied to a specific call, with a timestamp. If there is no consent record, the send is blocked. It is not a warning you can click past.

10.5 Unsubscribes are enforced at send time on marketing messages, per business and per number. If a caller opts out of your messages, we stop sending your quote follow-ups, and it does not silently break another business's messages to the same person. A caller who has opted out may still receive an automatic factual text about a job they booked; if that is not what they want, tell us and we will stop those too.

10.6 Branded sender IDs. Since 1 July 2026 a branded alphanumeric sender ID has to be registered to the business it names. Giday does not currently offer branded sender IDs. Your messages go from a standard Australian mobile number that can receive replies, which is how "Reply STOP" works. "GIDAY" is not a valid sender ID for your messages and we will not use it. If that changes, we will tell you what is required before you can use one.

10.7 Giday does not do outbound telemarketing, and you must not use it for that. Your agent answers calls. A prompt callback to a caller who asked for one, about the job they rang about, is fine. Ringing people to sell them something is not, and the platform is not built to do it.

11. Your obligations

11.1 Your content is accurate. Your price list, your quoting rules, your business information and anything you import are yours, and you are responsible for keeping them accurate and lawful. We are responsible for your agent applying them as you configured them, and for recording the figure it actually quoted on each call. We are not responsible for what is in your price list. You are not responsible for our failure to apply it correctly.

11.2 Lawful use. You will not use Giday, or configure your agent, to do anything unlawful, to mislead callers, to impersonate anyone, or to claim licences, insurance, warranties, approvals or qualifications your business does not hold.

11.3 The notice and the AI disclosure. You will not disable, edit, obscure or work around the recording notice, the consent capture step, or the unsubscribe mechanism. If you write your own greeting for your agent, it must keep the AI disclosure. That is a condition of using the service, and we check greetings.

11.4 SMS consent. For any marketing SMS sent through Giday to a number where the consent did not come from a Giday call, you confirm you have the express consent of the account holder, obtained properly, and that you hold records of how, when and on what terms it was given. You will give us those records as soon as you reasonably can, and in any event within 10 business days of our asking, because a regulator can require them from either of us. If we are working to a shorter deadline set by a regulator or a court, we will tell you what the deadline is and why, and give you as much of that period as we can. You will not rely on consent inferred from a one-off enquiry or from a published phone number. Where the consent was captured on a Giday call, we are responsible for the capture, the wording used and the consent record; you do not warrant it.

11.5 Health services. If your business provides a health service you must say so at sign-up, and you must tell us if that changes, so your agent runs in restricted mode. You must not configure the agent to work around that mode. See section 12.

11.6 No emergency or safety-critical use. As set out in 3.5.

11.7 Third-party personal information. As set out in 4.5.

11.8 Telemarketing. You will comply with the Do Not Call Register Act 2006 (Cth) in relation to any call made using Giday, and you will take reasonable steps to ensure the people who use your account do the same.

11.9 Your account. Keep your login secure, tell us promptly if it is compromised, and only give access to people you trust with your callers' information. You are responsible for what your users do in your account, except to the extent the access or the conduct resulted from a failure of our security, our systems or our access controls.

11.10 If you breach this section, section 20 sets out what we can do about it, and it is not "anything we like without telling you".

12. Health services: restricted mode

12.1 We supply Giday to businesses that provide a health service in restricted mode. That includes general practice, dental, physiotherapy, chiropractic, podiatry, psychology and counselling, allied health, aged care, disability care, pathology, pharmacy and veterinary practice, and anything else where callers will be ringing about their health.

12.2 We ask the question at sign-up, and it has to be answered. Yes puts your agent in restricted mode from her first call and shows you the limits before you finish. Not sure signs you up as an ordinary client; you may ask us to switch restricted mode on at any time, and you must tell us if your business is, or becomes, a health service (12.5).

12.3 What restricted mode does. The agent does not discuss symptoms, conditions, diagnoses, medications, results, treatments or therapies; records no clinical detail in any message (only that the caller wants a call back, with their name and number); gives no health advice of any kind; and is configured so that call audio is not recorded at the voice provider and the provider's transcript is scheduled for deletion. Appointments, hours, fees, cancellations and rescheduling work normally.

12.4 What we do not promise. Your obligations as a health service under the Privacy Act 1988 (Cth) and, in Victoria, the Health Records Act 2001 remain yours, exactly as they would with a human receptionist or a call centre. A booking is still a name, a time and a number, and we hold booking, message and call records for the life of your account as we do for every client. We have not taken legal advice on the sector; we have built the agent to hold as little as a phone service can, and we have written down what she does. If the law or the advice changes, we will change the agent and tell you. Restricted mode is a set of controls, not a warranty of compliance.

12.5 If your business becomes a health service after you have gone live, tell us and we will switch restricted mode on. If we learn that a health service is running unrestricted, we may switch it on ourselves and will tell you we have. If you would rather stop instead, we will refund the unused part of what you have paid, pro rata, and you can ask us for an export of your records before or after we stop, under 15.3.

12.6 Emergencies (restricted mode only). An agent in restricted mode is instructed that if a caller describes danger to life or limb she tells them to hang up and ring 000, ends the call, and texts you at once. She does not ring 000 and does not assess severity. An ordinary agent is not given this instruction (section 3.5). Giday is not an emergency service and must not be relied on as one (section 3).

12.7 Health information can turn up on a call to a business that is not a health provider, for example a caller explaining why they cannot get to the door. We handle that under our Privacy Policy. Nothing in this section makes you responsible for what a caller volunteers.

13. What we will do

13.1 We will supply Giday with due care and skill, and fit for the purposes we have told you it is fit for and for any particular purpose you made known to us before you went live. Those are obligations we cannot contract out of, and we are not trying to. If a purpose you have in mind is not one Giday can meet, we would rather tell you before you go live than after — see 3.8.

13.2 We will keep your data and your callers' data secure using measures appropriate to what it is, including the fact that it is voice and transcript data. The Data Handling statement says exactly what we do and what we do not do.

13.3 We will keep a log of what your agent was configured to do and the figure it quoted on each call, so that when something goes wrong we can both look at the same facts.

13.4 We will tell you about outages that affect your service, and about incidents affecting your data. If there is a data breach involving your callers' information, we will tell you within 48 hours of forming a reasonable suspicion that it happened, with enough detail for you to meet your own obligations. That is a hard commitment, not a best endeavour, because your clock may start when we tell you.

13.5 We will not use your call recordings, transcripts, price lists or business content to train general-purpose AI models. We may use de-identified aggregate statistics, such as call volumes and error rates, to improve the service.

13.6 We will help you leave. Section 21 sets out what that means in practice, and it applies even if we are in a dispute with you about money.

13.7 We will not make claims about what Giday does that we cannot back up. If you find us doing it, tell us and we will fix the copy.

14. Privacy, and your callers

14.1 Our Privacy Policy and our Data Handling, Retention and Sub-processors statement explain what personal information we collect from callers and from you, what we do with it, how long we keep it, which countries it goes to, and how a caller or you can get access to it, correct it, or ask for it to be deleted. Both are part of this agreement and both are available before you sign up.

14.2 We handle personal information as if the Australian Privacy Principles applied to us in full, and we give you and your callers the rights in those documents whether or not the Act compels us to. We do not claim to be outside Australian privacy law and we do not build as though we are. We are also a two-person company and we are not going to claim we are perfectly compliant with anything: where we fall short of a standard, those documents say so.

14.3 Callers can contact us directly to ask for access to, correction of, or deletion of the records of a call. We will handle the request, and we will tell you when it affects a record you can see. You will not obstruct a caller's request, and you will help us action it if we need something from you.

14.4 Both of us may have obligations to callers about the same records. We are not trying to push ours onto you. If a caller or a regulator comes to either of us, we will tell the other promptly and give each other the records needed to respond. As between us, we notify affected callers of a data breach involving records we hold, and we will tell you when we do.

14.5 Some of the processing behind Giday happens overseas, including voice and speech processing, language model processing, telephony, SMS and payments. The Data Handling statement names the functions, the companies and the countries. We do not tell you, or your callers, that data stays in Australia.

15. Your data

15.1 Your business content, your price list, your settings and your customer information are yours. The recordings, transcripts, messages and booking records generated by your calls are records of your business's calls, and you can have them.

15.2 You give us the permissions we need to run the service for you: to store, process, transcribe, transmit and display that content for the purpose of providing Giday to you, and to give it to the sub-processors named in our Data Handling statement for the same purpose. That permission is limited to running the service and it ends when your data is deleted.

15.3 You can read your call records, messages, bookings and transcripts, and listen to recordings, in your dashboard. Ask us for an export of any of it at any time, including after you cancel, and we will send it to you within 10 business days at no charge. We will do that for at least 90 days after cancellation, and we will do it even if we are in a dispute with you about money. A self-serve export button is on the way; until it ships, one email gets you the same thing.

15.4 Ask us and we will delete an individual call, a caller's records, or your whole account.

16. How we change these terms

16.1 We will change these terms sometimes. Here is exactly how.

16.2 We give you at least 30 days' notice by email to your account address, and we publish a dated summary of what changed and why. The change takes effect at the end of the notice period.

16.3 You can cancel at any time before the change takes effect, and if you do we refund any pre-paid unused fees pro rata.

16.4 We will not change these terms with retrospective effect, and we will not rely on a change we did not notify you of.

16.5 We keep every published version, dated. You can ask us for the version you agreed to, or any version since, and we will give it to you.

16.6 "Continued use is acceptance" is not how we do this. Your acceptance is that you stayed after being told, having had a free and easy way out. If you did not get the notice, the change does not apply to you.

17. How we change the service

17.1 We will keep improving Giday, and some changes will be invisible to you.

17.2 If a change materially reduces a core function you rely on — answering calls, taking messages, booking, quoting from your price list, SMS, recording and transcription, or a connected integration such as ServiceM8 — we will give you at least 30 days' notice, and you may cancel with a pro-rata refund of pre-paid unused fees.

17.3 Non-material changes, security fixes, and changes forced on us by law or by a supplier we do not control may be made with as much notice as is reasonably practicable. We will still tell you what changed. If you tell us that a change we treated as non-material has materially reduced a core function listed in 17.2, we will treat 17.2 as applying from the date you told us, including the 30 days' notice, the exit right and the pro-rata refund. We do not get the last word on whether a change is material.

17.4 If a supplier failure means we have to change something with little or no notice, we will say so plainly and tell you what your options are, including leaving with a pro-rata refund if the change materially reduces what you were getting.

18. How we change prices

18.1 Your plan price is fixed for each monthly billing period. We never change the price of a period you have already paid for.

18.2 We may change plan prices or overage rates with at least 30 days' notice by email. A change takes effect from your next billing period after the notice period ends.

18.3 You can cancel at any time before a new price takes effect, and you will not be charged it.

18.4 We will never charge you a price you have not been notified of.

18.5 When we tell you about a price change, we will show you all of your options at the same time, including any cheaper plan that might suit you, in the same message. We will not keep a cheaper option hidden until you start cancelling.

19. Cancelling: you

19.1 You can cancel at any time, from your dashboard, in one click. No phone call, no email to support, no retention offers to click through, no "are you sure" chain.

19.2 Cancellation takes effect at the end of the month you have already paid for. You keep the service until then. There is no exit fee and no notice period.

19.3 We confirm your cancellation in writing, with the date the service ends and the date your data will be deleted.

19.4 If you cancel during your free trial, you are not charged at all.

19.5 If you want to leave immediately instead of at the end of the paid month, email us and we will stop the service and refund the unused part of that month pro rata. That is a manual step at our end today, not a button, so it needs a message from you — and we will action it the same business day where we can.

20. Suspension and termination: us

20.1 We can only suspend or end your service in the following situations, and each of them has a notice step.

20.2 Non-payment. After we have given you notice by email and in your dashboard, and given you at least 14 days from that first notice to fix it, with a second notice at least 3 days before the suspension date naming the date. We will not suspend your phone answering on a weekend, on a public holiday, or on the day before one.

20.3 Material breach of these terms or the Acceptable Use and Client Responsibilities document. After we have given you notice saying what the breach is and a reasonable chance to fix it. If the breach cannot be fixed, or if allowing the service to continue would create a real and immediate risk of harm to a person, of a contravention of the law, or of a liability to you, to us or to a caller that cannot be avoided by suspending a single feature, we may act immediately. If we do: we will suspend the narrowest part of the service that addresses the risk; we will tell you in writing, at the time, what the risk is and what has to change; we will restore the service as soon as the risk is addressed; and we will credit or refund the fees for the period you were suspended unless a court or regulator finds the underlying conduct was yours.

20.4 We stop offering the service. On at least 30 days' notice.

20.5 Whenever your service is suspended or ends, for any reason including a breach by you, we refund pre-paid fees for the part of the month you did not receive, pro rata. We may set off against that refund any amount you actually owe us, and we will show you the calculation.

20.6 In every case, including a dispute about money, we will help you port your number away and give you an export of your call records, messages, bookings, transcripts and recordings. We do not hold your phone number or your customer records as leverage.

20.7 Suspension for non-payment means your agent stops answering. We will tell you the date that will happen, in advance, because your phone going unanswered is a serious thing for your business and you should not learn about it from a customer.

21. What happens to your number

21.1 A number you ported in to Giday stays yours. When you leave, we will do everything reasonably within our control to help you port it to another provider, at no charge from us. Your new provider may charge you. We will not delay or obstruct a port, including during a payment dispute.

21.2 A number we supplied to you is provided as part of the service. When your service ends:

• (a) for up to 30 days we keep it answering with a short courtesy message telling callers the line is not taking bookings and suggesting they try your usual number. It does not book, quote or take payment. It can take a name and number, which we will pass to you. Those calls are recorded and transcribed like any other Giday call;
• (b) if you want to try to port it out, tell us within 90 days of cancellation and we will do what we reasonably can to help, at no charge from us;
• (c) we cannot promise a number we supplied can be ported, because that depends on the carrier. Clause 4.3 says this before you sign up, not after;
• (d) we hold the number for at least 90 days after your service ends so you have time to update your advertising and try a port. We will not reissue it to another Giday client, and after that period we may release it back to the carrier, at which point we no longer control what happens to it.

21.3 Update your advertising before you leave. After the courtesy period in 21.2(a), calls to a Giday-supplied number will not be answered by us.

21.4 Porting takes time and can involve brief interruptions. We will tell you what we know about timing and we will not promise a same-day port.

22. Australian Consumer Law, and our liability

22.1 Your rights under the Australian Consumer Law come first.

**Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or under any other law, where to do so would be unlawful.** If any part of these terms would have that effect, that part does not apply to that extent, and the rest of these terms continue to apply.

22.2 We are not going to tell you the service is provided "as is", or that we disclaim implied warranties, because in Australia that would be both void and wrong. Under the Australian Consumer Law we must supply the service with due care and skill, fit for any purpose we or you have made known, and within a reasonable time. Those obligations apply and we accept them.

22.3 Where the Australian Consumer Law permits us to limit our liability under section 64A, our liability for failing to comply with a consumer guarantee, in relation to services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, is limited, at our option, to supplying the services again or paying the cost of having equivalent services supplied again. That limit does not apply where it would not be fair or reasonable for us to rely on it, it does not apply to liability for death or personal injury, and we do not rely on it to limit your claim for work you lost because the service failed.

22.4 For everything else, other than the matters listed in 22.5, our total liability to you arising out of or in connection with these terms, in any 12-month period, is limited to the greater of (a) five times the fees you paid us in that period, and (b) $20,000.

22.4A Our liability is never capped at a lower figure than your liability to us. If the cap in 24.5 would allow us to recover more from you than 22.4 allows you to recover from us, 22.4 is read as capping our liability at that higher figure.

22.5 The limit in 22.4 does not apply to:

• (a) our liability under the Australian Consumer Law, as described in 22.1 and 22.3;
• (b) death or personal injury;
• (c) our fraud, or our wilful or reckless misconduct;
• (d) our breach of our confidentiality or privacy obligations;
• (e) our indemnity to you in 24.3, which is not capped;
• (f) our liability for misleading or deceptive conduct, or for a false or misleading representation, whether under the Australian Consumer Law or at general law; or
• (g) any liability that cannot be limited by law.

22.6 Each of us is responsible for our own losses to the extent we caused them, and each of us is expected to take reasonable steps to limit a loss once we know about it. This is not a limit on your rights under the Australian Consumer Law.

22.7 Lost work is claimable, and we will not limit it. If our failure to supply the service with due care and skill, or to supply it fit for a purpose you made known to us, costs you work, that is a real loss and you can claim it. We will not answer that claim by offering to supply the service again, and we will not rely on 22.3 or 22.4 against it. Your own call logs are in your dashboard and we will give you any record you need to prove what happened.

23. Refunds, and our own promise

23.1 If something we supplied is not right, we would rather fix it or refund it than argue about it. Our approach is to resolve it in the loop, at the point the problem happens, rather than making you wait out a window. Tell us, and we will sort it.

23.2 We refund pre-paid unused fees pro rata whenever these terms say we will: a change you did not want (16.3, 17.2, 18.3), a suspension or cancellation at our end (20.5), an immediate exit you asked for (19.5), a change in your health-service status (12.4), or an outage (26.4). We also refund a surprise first charge (5.9) and a charge for a service that never answered a call (5.8).

23.3 Our promise is in addition to your rights under the Australian Consumer Law and does not limit them. Where you have a right to a remedy under the Australian Consumer Law, you can use it whether or not our promise applies, and you do not need our agreement to do so.

23.4 We do not have a "no refunds" rule, and we do not have a rule that your rights expire after a set number of days.

24. Indemnities

24.1 We have kept these narrow on purpose. An indemnity from a small business is not a substitute for us building the service properly, and we are not pretending otherwise.

24.2 Your content and your consents.

You indemnify us against third-party claims brought against us arising directly from: (a) the content of your price list, knowledge base or imported material; (b) SMS sent on consent you supplied from a source other than a Giday-recorded call, where that consent was not validly obtained; or (c) your use of Giday in breach of 11.2 (lawful use).

This indemnity does not apply to the extent that the claim arises from or is contributed to by: (a) any act, omission, error, negligence, wilful misconduct, fraud or breach of these terms by us, our personnel or our subcontractors; (b) our failure to implement your setting correctly, or a defect or malfunction in the service; (c) our own legal obligations as operator of the platform, or any fine, civil penalty or infringement notice imposed on us; (d) any loss we could reasonably have avoided or reduced; (e) any period after you asked us to change the relevant setting; or (f) any output of the agent that does not accurately reflect your content, price list or settings as you configured them, including where the agent mishears, misreads, paraphrases, summarises or misstates them.

24.3 What we indemnify you for.

We indemnify you, on the same procedural terms, against third-party claims arising from: (a) our failure to play the recording notice on a call; (b) our failure to apply your price list as you configured it; or (c) our breach of our privacy or security obligations. Our indemnity to you is not capped — see 22.5(e).

24.4 How an indemnity works, both ways.

The party claiming will notify the other promptly, will not admit or settle a claim without the other's consent, which must not be unreasonably withheld or delayed, will let the other participate in and (at the other's election and cost) control the defence, will take reasonable steps to reduce the loss, and will hand over the call records relevant to the claim. Where the party bearing the indemnity offers in writing to settle a claim on terms within the cap in 24.5, and the other party does not accept, the indemnity does not extend to any amount, cost or expense incurred after that offer beyond what accepting the offer would have cost.

24.5 Cap.

Your total liability under 24.2 is capped at the greater of $5,000 and the fees you paid us in the 12 months before the claim. Nothing you owe under it can exceed that cap.

24.6 What an indemnity does not do.

An indemnity moves money after the event. It does not make anything lawful, it does not stop a regulator, and it does not transfer either party's own legal obligations. Neither of us should treat it as a reason to skip a control.

25. If something goes wrong between us

25.1 Talk to us first. Email hello@giday.com.au and we will acknowledge within 1 business day and give you a substantive answer within 5 business days.

25.2 If that does not resolve it, ask for it to go to a director of Launchr Pty Ltd, who will respond within 10 business days.

25.3 Nothing in these terms stops you from going straight to a court or tribunal, or to a regulator such as the ACCC, the OAIC or the ACMA, at any time. There is no compulsory arbitration here, no waiver of your right to join a class action, and no requirement to exhaust our process first.

25.4 These terms are governed by the law of Queensland, Australia. Both of us submit to the non-exclusive jurisdiction of the courts of Australia.

26. The rest

26.1 Notices. We give you notice by email to your account address, and we also show important notices in your dashboard. Keep your email address current. You give us notice by email to hello@giday.com.au.

26.2 Assignment. You can transfer this agreement to a buyer of your business with our written consent, which we will not unreasonably withhold. We can transfer it as part of a sale or restructure of our business, on at least 30 days' notice to you, and if you do not want to continue with the new provider you can cancel at any time before, or within 30 days after, the transfer, with a pro-rata refund.

26.3 Suppliers. We use third parties to run Giday, including telephony, voice AI, language model, email and payment providers, and they are named in our Data Handling statement. We remain responsible to you for the service.

26.4 Events outside our control. Neither of us is in breach of a promise in these terms for a delay or failure caused by something genuinely outside our control. This clause does not affect your rights under the Australian Consumer Law, and we will not rely on it to answer a claim that the service was not supplied with due care and skill or was not fit for its purpose. You do not pay for a service you are not getting: we credit or refund, pro rata, the fees for any period of more than 24 consecutive hours in which your agent is not answering calls, whatever the cause. If we cannot supply the service for more than 3 consecutive days, you can cancel immediately with a pro-rata refund of everything else you have pre-paid.

26.5 No waiver by inaction. If either of us does not enforce something straight away, we do not lose the right to enforce it later. But we will not rely on a breach we have known about for more than 6 months, and have not raised with you in writing, as a ground to suspend or end your service.

26.6 Severance. If any part of these terms is unenforceable or void, it is severed and the rest continues.

26.7 Whole agreement. These terms, the Privacy Policy, the Acceptable Use and Client Responsibilities document, the Data Handling, Retention and Sub-processors statement, and the plan you selected at sign-up are the agreement between us. Where any two of them state a different period, figure or right for the same thing, the one more favourable to you applies, and we will correct the documents. That does not mean we can walk away from something we actually told you: if we made a representation you relied on, this clause does not excuse it, and nothing here limits your rights in relation to misleading conduct.

26.8 Contact. Launchr Pty Ltd, ABN 46 696 518 206, 81-83 Campbell St, Surry Hills NSW 2010. hello@giday.com.au. (02) 7501 0101.

Schedule A — Plans, minutes, SMS and overage

Minutes are talk time, counted in seconds and totalled across the month. The recording notice at the start of a call is not billed. Unused included minutes and SMS do not roll over. The busy-month price ceiling in section 7 applies automatically.

Quoting is switched on only after a person here has checked your price list. Booking writes into your Giday diary and, if connected, into ServiceM8; a calendar feed you give us is read, not written to.

"Flat Out" is a plan name, not a promise of unlimited minutes. It has included minutes, included SMS and overage rates like every other plan, all shown above, and because there is no plan above it, its overage has no upper limit (see 7.7).

Schedule B — What your agent will not say or do

These are limits we build into your agent, and you must not configure around them.

Enforced by the platform — the code will not let it happen:

1. Your agent cannot quote a price at all until a person here has checked your price list and switched quoting on, and it cannot put an unverified figure in writing.
2. No marketing SMS is sent without a stored consent record tied to a specific call.
3. Every marketing SMS carries your business's identification and a working "Reply STOP" opt-out. If either would be missing or truncated, the message is blocked rather than sent.
4. Marketing SMS is blocked to a number that has opted out of your messages.

Built into every agent's core instructions, which you cannot edit, and re-checked by automated test calls: your agent will not

1. claim to be a human, or deny being an AI;
2. give a binding quote, or let a figure stand as a firm final price;
3. guarantee an arrival time, a completion time, or a price beyond what your price list supports;
4. make claims about your licences, registrations, insurance, warranties, accreditations or compliance;
5. give legal, medical, financial, tax or safety advice;
6. invent or improvise a discount, a fee waiver, a price match or a payment arrangement;
7. tell a caller a job is booked before the booking is written;
8. handle an emergency (an agent in restricted mode tells the caller to hang up and ring 000 and nothing more; an ordinary agent is given no emergency instruction), or triage a health problem or say how urgent one is;
9. ask a caller for clinical or health detail;
10. ask a caller for card numbers, bank details, government ID numbers or passwords;
11. argue with, or try to talk a caller out of, a request to stop being recorded, to have the records of the call deleted, to be transferred to a person, or to stop being contacted.

Items 5 to 15 are strong controls, not guarantees: your agent is a probabilistic system and we are not going to pretend otherwise. If your agent ever does any of them, do not treat it as authorised by you or by us. Tell us immediately, and we will treat it as our failure and fix it.