AIvolve Terms and Conditions

    AIvolve Limited (NZBN 9429053285812)

    Last updated: November 2025

    1. About Us

    AIvolve Limited (NZBN 9429053285812) is a company incorporated in New Zealand, with its registered office in New Zealand ("AIvolve", "we", "us"). The Service is designed primarily for business use. Where you acquire the Service as a sole trader or small business, mandatory consumer guarantees under applicable law may apply as set out in clause 17.

    2. The Service

    AIvolve provides an AI-powered call handling and virtual receptionist platform, which may include:

    • Automated call answering, routing, and qualification
    • Call recording and transcription
    • Appointment booking and notifications
    • CRM, calendar, and third-party system integrations
    • Analytics and reporting
    • Optional human handover services (where enabled)

    IMPORTANT — NO EMERGENCY CALLING

    THE SERVICE DOES NOT SUPPORT EMERGENCY CALLING (INCLUDING 111 IN NEW ZEALAND OR 000 IN AUSTRALIA). You must maintain a separate mobile phone, landline, or emergency-capable service for emergency calls. AIvolve is not responsible for failed or delayed emergency communications.

    The Service uses artificial intelligence and automated decision-making technologies. AI outputs may be incomplete, inaccurate, or unsuitable for specific situations and must not be relied upon as a substitute for human judgment or professional advice.

    3. Account Registration and Access

    You must provide accurate, current, and complete information when creating and maintaining an account.

    You are responsible for:

    • Safeguarding account credentials
    • All activity conducted under your account
    • Ensuring only authorised users access the Service

    You must promptly notify AIvolve of any unauthorised access or security incident.

    4. Legal Compliance, Call Recording, and Consent

    You are solely responsible for ensuring your use of the Service complies with all applicable laws, including:

    • New Zealand Privacy Act 2020
    • Australian Privacy Act 1988 and applicable state surveillance laws
    • GDPR (where applicable)
    • Telecommunications, interception, and call-recording laws
    • Spam, marketing, and Do-Not-Call regulations

    Call Recording Configuration

    Where calls are recorded or transcribed, you are responsible for configuring the Service (including system prompts and greetings) so that callers are notified of recording before recording commences, and for obtaining all legally required consents. AIvolve does not determine whether recording is lawful in your jurisdiction or use case.

    5. Acceptable Use and Fair Use

    You must not use the Service to:

    • Engage in unlawful, deceptive, or fraudulent conduct
    • Violate privacy, surveillance, or telecommunications laws
    • Harass, threaten, or mislead callers
    • Send unsolicited or unlawful communications
    • Circumvent opt-out, consent, or security mechanisms
    • Reverse-engineer or interfere with the Service

    Fair Use

    AIvolve reserves the right to monitor usage for excessive, abnormal, or abusive patterns (including robocalling or continuous high-volume usage). We may throttle, suspend, or terminate access where usage materially exceeds reasonable business use or impacts system performance.

    6. Data, AI Training, and Ownership

    6.1 Definitions

    • Customer Content: Call recordings, transcripts, caller details, and other content generated from your use of the Service.
    • Service Data: Aggregated, anonymised usage metrics, diagnostics, and operational metadata that do not identify you or callers.

    6.2 Ownership

    You retain ownership of all Customer Content and outputs generated for you (including transcripts and summaries). AIvolve retains ownership of the Service, underlying software, AI models, workflows, and algorithms.

    6.3 AI Training and Improvement

    Customer Content is isolated per customer and not used to train global AI models in an identifiable form. AIvolve may use aggregated and anonymised Service Data, and anonymised elements of Customer Content where lawful, to improve system performance, accuracy, and reliability.

    7. Data Protection and Privacy

    For data protection purposes:

    • You are the Data Controller
    • AIvolve is the Data Processor

    Customer Data is processed only to provide and improve the Service and in accordance with the AIvolve Privacy Policy and, where applicable, a Data Processing Agreement (DPA). Data is hosted in secure cloud infrastructure located in Australia and/or New Zealand, unless otherwise agreed.

    8. Third-Party Integrations

    The Service may integrate with third-party platforms (e.g. calendars, CRMs, telephony providers). You authorise AIvolve to share Customer Data with such providers solely to enable integrations. Third-party services are governed by their own terms and policies, and AIvolve is not responsible for their availability, conduct, or compliance.

    9. Fees, Plans, and Overages

    Subscription fees are charged in advance according to your selected plan.

    Unless otherwise stated:

    • Fees exclude GST, VAT, or other taxes
    • Fees are non-refundable except where required by law

    Overages

    If usage exceeds plan limits (e.g. call minutes or AI processing), AIvolve may:

    • Charge published overage fees, or
    • Require an upgrade, or
    • Temporarily restrict usage

    Failure to pay may result in suspension or termination.

    10. Service Availability

    The Service is provided on an "as is" and "as available" basis. AIvolve does not guarantee uninterrupted or error-free operation.

    11. Intellectual Property

    All intellectual property in the Service remains the property of AIvolve or its licensors. You receive a limited, non-exclusive, non-transferable right to use the Service during an active subscription.

    12. Trials and Beta Features

    Free trials, pilots, and beta features are provided as-is, without warranties, service levels, or guarantees, and may be modified or withdrawn at any time.

    13. Termination

    You may cancel your subscription in accordance with your plan terms. AIvolve may suspend or terminate access immediately if:

    • These Terms are breached
    • Fees are overdue
    • Required by law

    Upon termination, Customer Content will be retained for up to 30 days for retrieval, then deleted unless legally required otherwise.

    14. Mutual Indemnities

    Customer Indemnity

    You indemnify AIvolve against claims arising from:

    • Your misuse of the Service
    • Failure to obtain required consents
    • Customer Content you process

    AIvolve IP Indemnity

    AIvolve will indemnify you against third-party claims that the Service infringes intellectual property rights, provided you promptly notify us and allow us to control the defence. This indemnity is capped at the liability limit in clause 15.

    15. Limitation of Liability

    To the maximum extent permitted by law:

    • AIvolve is not liable for indirect, incidental, or consequential loss
    • Total aggregate liability is limited to fees paid in the 12 months preceding the claim

    16. Governing Law and Jurisdiction

    New Zealand

    These Terms are governed by New Zealand law.

    Australia Consumer Law

    Where you qualify as a small business consumer under the Australian Consumer Law, statutory guarantees apply and are not excluded.

    17. Changes

    AIvolve may update these Terms with 30 days' notice. Continued use constitutes acceptance.

    18. Contact

    AIvolve Limited

    • Email: admin@aivolve.co.nz

    Last updated: December 13, 2025