These Terms of Service ("Terms") govern your access to and use of the services provided by Maveryk (Shaun Heywood, ABN 44 647 519 423) ("Maveryk", "we", "us"). By purchasing, accessing or using our services, you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm you have authority to bind that business.
Maveryk provides: (a) AI voice agents — a managed AI receptionist service that answers calls, books appointments and performs related tasks; and (b) custom software — bespoke applications we design, build, host and maintain for you. The specific features and limits of your service are those of the plan you purchase or the scope we agree in writing.
You must provide accurate information and keep your account credentials secure. You are responsible for activity that occurs under your account. You must be at least 18 and operating a legitimate business.
Every call your agent handles is logged, recorded and timestamped. At approximately day 30 we provide your first Missed-Call Audit summarising the calls answered, those received outside standard business hours, and the outcomes recorded. If that audit does not show enquiries you would otherwise have missed, you may request a refund of your first month's subscription fee by contacting us within 14 days of receiving the audit — and you keep the audit.
The guarantee applies once per customer, covers the first month's subscription fee only (not setup fees or third-party pass-through costs already incurred), and requires that your agent was live and receiving forwarded calls for substantially the whole period.
Voice agent subscriptions are month-to-month with no lock-in contract — you may cancel at any time, effective at the end of your current billing period. Custom software engagements are governed by the proposal you accept.
Unless your proposal states otherwise: your data is always yours and is exportable on request at any time, in a standard format, whether or not you remain a customer.
Licence. Your monthly plan fee grants you a licence to use the application we build for you, and covers managed hosting, security updates, ongoing improvements and support. The monthly fee is a required part of a custom software engagement — it is not an optional add-on — and continues for as long as you use the application. There are no per-seat or per-user licence fees.
Source-code buyout. You may purchase the application's source code outright for a one-off fee equal to twelve (12) months of your then-current plan fee, exercisable at any time from the first anniversary of your go-live date. If you wish to buy out earlier, the balance of that first twelve-month period is payable in addition. On payment we provide the source code and a reasonable handover.
What a buyout includes. The source code of the application built for you, and a perpetual, non-exclusive licence to our pre-existing tools, frameworks and reusable components to the extent they are embedded in it. We retain ownership of those pre-existing components themselves. After a buyout you are responsible for hosting, security, maintenance and support; we can quote separately for an ongoing support arrangement if you would like one. Third-party services the application depends on (for example telephony, email or AI providers) remain subject to their own accounts and terms.
You agree not to use the services to: break the law; send spam or make unlawful calls; infringe others' rights; transmit harmful code; or attempt to disrupt, reverse-engineer or gain unauthorised access to our systems. You are responsible for ensuring your use of any outbound calling or messaging features complies with applicable laws (including telemarketing and privacy laws).
We aim to keep the services available at all times, but they are provided on a reasonable-efforts basis and may occasionally be unavailable for maintenance or due to factors beyond our control (including outages at our telephony, hosting or AI providers). Any specific service-level commitments will be set out in your plan or proposal.
Our services rely on third parties (including Stripe for payments and other providers for telephony, hosting and AI). Your use may be subject to those providers' terms, and we are not responsible for their acts or omissions.
Each party will keep the other's confidential information confidential and use it only to provide or receive the services.
Nothing in these Terms excludes rights you have under the Australian Consumer Law that cannot lawfully be excluded. Subject to that, the services are provided "as is" and we disclaim all other warranties to the extent permitted by law. AI-generated responses may not always be accurate; you remain responsible for how you use the service.
To the extent permitted by law, neither party is liable for indirect or consequential loss, and our total liability arising out of or in connection with the services is limited to the fees you paid to us in the 3 months before the event giving rise to the claim. Where we are liable for a failure to comply with a consumer guarantee that cannot be excluded, our liability is limited (at our option) to re-supplying the service or paying the cost of re-supply.
You will indemnify us against claims arising from your unlawful use of the services or your breach of these Terms.
Either party may terminate for material breach that is not remedied within 14 days of notice. On termination, your right to use the services ends; we will make your data available for export for a reasonable period.
We may update these Terms from time to time. Material changes will be notified by email or on this page, and continued use after the effective date constitutes acceptance.
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the courts of that jurisdiction.
Questions about these Terms? Email hello@maveryk.com.au.