These terms apply to all services provided by Waboom AI Limited (NZBN: “Waboom”), including AI voice agent development, portal access, workshops, courses, and consulting. By engaging with our services or purchasing any offering, you (“the Client”) agree to these terms.

1. Services

Waboom AI provides AI voice agent design, configuration, and deployment services, along with access to the Waboom portal for campaign management, reporting, and agent administration. We also offer AI training workshops, consulting, and related professional services.

The specific scope, deliverables, and pricing for each engagement are defined in a separate Statement of Work (SOW) or service agreement. These Terms of Service apply in addition to any SOW. In the event of a conflict, the SOW takes precedence.

2. Account & Portal Access

Access to the Waboom portal requires a registered account. The Client is responsible for maintaining the security of their account credentials, including passwords and API keys. The Client must notify Waboom immediately if they become aware of any unauthorised access to their account.

Waboom reserves the right to suspend or restrict portal access in the event of non-payment, suspected security breaches, or violation of these terms.

3. Payments, Cancellations & Refunds

The following outlines the payment, cancellation, and refund terms for each type of service we offer. Please read the section that applies to your purchase.

Individual Workshop Tickets

Applies to: individual tickets purchased for a scheduled Waboom AI workshop or event.

Payment is required at the time of booking
Tickets are non-refundable if cancelled within three (3) weeks of the workshop date
Cancellations made more than three weeks prior are eligible for a full refund or transfer to a future workshop
If Waboom AI cancels or reschedules a workshop, attendees will be offered a full refund or a transfer to the next available session

Team Workshops

Applies to: private workshop bookings for teams or organisations.

A deposit or full payment is required at the time of booking
Cancellations made at least two (2) weeks prior to the workshop date are eligible for a 50% refund
Cancellations made less than two weeks prior are non-refundable
Rescheduling is subject to availability and must be requested at least two weeks in advance
If Waboom AI cancels or reschedules, the Client will be offered a full refund or transfer to the next available date

Custom Projects & AI Agent Development

Applies to: AI voice agent builds, custom integrations, and any bespoke development work.

50% of the total project fee is payable upfront before work commences. The remaining balance is due upon completion and acceptance by the Client
Once an AI agent has been built or custom work has been delivered, all fees paid are non-refundable
If the Client cancels during the build phase, work completed to date will be invoiced and is non-refundable
All products built by Waboom AI remain the intellectual property of Waboom AI and are hosted on Waboom infrastructure. The Client is granted a licence to use the product for the duration of their service agreement

Portal Subscription (AI Voice Agents)

Applies to: ongoing monthly portal access and calling plans for AI voice agent services.

Monthly fees are charged in advance via recurring card payment through Stripe or by invoice
The Client may cancel their subscription at any time via the portal under Billing. The subscription remains active until the end of the current paid billing period
No partial refunds are issued for unused time within a billing cycle
Cancellation is subject to any minimum contract term specified in the applicable service agreement
Upon cancellation, the Client has 30 days to export their data before their account and data are permanently deleted

Late Payment

Late payments may incur interest at a rate of 1.5% per month on the outstanding balance. Waboom reserves the right to suspend portal access and pause active campaigns if invoices remain unpaid for more than 30 days.

4. AI Agent Usage & Fees

Voice agent calling is charged per second of call duration. We do not round up to the nearest minute. Monthly calling plans include a set number of minutes, with overage charged at the rates specified in the Client’s service agreement.

Any overage on calling minutes beyond the included monthly allowance is calculated at the end of each billing period and invoiced separately the following month. Non-payment may result in service suspension or termination.

5. Client Responsibilities

The Client is responsible for:

Providing accurate and complete information for agent configuration, including knowledge base content and contact lists
Ensuring all contact lists comply with the New Zealand Marketing Association’s Do Not Call register and applicable telemarketing regulations
Using the service in accordance with all applicable laws, including the New Zealand Privacy Act 2020 and Telecommunications Information Privacy Code
Providing timely feedback and sign-off during implementation phases
Maintaining the security of their portal account credentials

6. AI Disclosure & Call Recording

All AI voice agents are configured to disclose that the call is powered by AI and that the conversation may be recorded. The Client is responsible for providing the specific disclosure wording they require, and Waboom will configure it into each agent’s conversation flow.

Call recordings and transcripts are generated as part of the standard service and are accessible via the portal. The Client is responsible for ensuring their use of call recordings complies with applicable privacy and telecommunications regulations.

7. Intellectual Property

All intellectual property rights in the Waboom platform, portal, underlying technology, tools, and methodologies remain the sole property of Waboom AI. This includes the portal software, agent configuration framework, campaign engine, and any proprietary processes.

The prompt engineering, conversation flows, and agent configurations developed by Waboom are the intellectual property of Waboom AI. The Client is granted a non-exclusive, non-transferable licence to use these configurations for the duration of their service agreement.

The Client retains full ownership of all content and data they provide, including knowledge base content, contact lists, and any reports or analytics exported from the portal.

8. Data & Privacy

Waboom is designed and operated in accordance with the New Zealand Privacy Act 2020. Client data is used solely for the purposes of delivering our services, processing payments, and improving our platform. We do not sell or share Client data with third parties except where required by law or where necessary to deliver our services (e.g., voice processing partners).

Call recordings and associated data can be deleted after 180 days upon request. For full details on how we collect, use, and protect your information, please refer to our Privacy Policy.

9. Data Security

We take the security of your data seriously. Our platform implements enterprise-grade security measures including:

Encryption of all data at rest and in transit
Row-level security enforced at the database level, ensuring strict data isolation between clients
Role-based access control for all portal users
Secure webhook verification on all inbound data from third-party services
Infrastructure hosted on SOC 2 Type II certified providers

10. Data Retention & Deletion

During the term of the service agreement, all Client data (contact lists, call records, transcripts, campaign data, and exported reports) is retained and accessible via the portal.

Upon termination, the Client may export their data via the portal’s export functionality. Waboom will retain Client data for 30 days following termination to allow for data export. After this period, all Client data will be permanently deleted from Waboom systems. Written confirmation of data deletion is available upon request.

11. Confidentiality

Both parties agree to maintain the confidentiality of all non-public information disclosed during the course of the engagement, including customer data, business strategies, technical configurations, and pricing. Confidential information will not be disclosed to any third party without prior written consent, except where required by law.

This obligation survives termination of the service agreement for a period of two (2) years.

12. Acceptable Use

The Client agrees not to use the Waboom platform or AI voice agents for any unlawful, fraudulent, or harmful purpose. This includes but is not limited to:

Making calls that violate telecommunications regulations or telemarketing laws
Uploading contact lists obtained without proper consent
Using agents to mislead, deceive, or harass call recipients
Attempting to access data belonging to other Waboom clients
Reverse-engineering, copying, or redistributing any part of the Waboom platform

Waboom reserves the right to suspend or terminate service immediately if the Client is found to be in breach of this acceptable use policy.

13. Limitation of Liability

You acknowledge that AI technologies are inherently subject to change and may not always operate as intended. Waboom disclaims responsibility for AI-generated outputs, including call outcomes, transcripts, and sentiment analysis. We are not liable for AI agents failing to achieve expected results due to changes in AI processes or third-party service availability.

To the maximum extent permitted by New Zealand law, Waboom’s total aggregate liability shall not exceed the total fees paid by the Client in the twelve (12) months preceding the claim. Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages.

Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded by law (including under the Consumer Guarantees Act 1993, where applicable).

14. Service Availability

Waboom targets 99.5% platform availability, measured monthly, excluding scheduled maintenance. We will provide reasonable notice for planned maintenance windows. Waboom is not liable for service interruptions caused by factors outside our reasonable control, including third-party provider outages, network failures, or force majeure events.

15. Termination

Either party may terminate the service agreement by providing 30 days’ written notice, subject to any minimum contract term specified in the applicable SOW. Immediate termination is permitted where the other party commits a material breach and fails to remedy that breach within 14 days of written notice.

Upon termination, all outstanding invoices become due and payable. Portal access will be maintained for 30 days to allow for data export, after which the Client’s account and data will be permanently deleted. Clauses relating to confidentiality, limitation of liability, intellectual property, and governing law survive termination.

16. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond that party’s reasonable control, including natural disasters, government actions, network or infrastructure failures, or pandemic-related disruptions.

17. Dispute Resolution

In the event of a dispute, the parties will first attempt to resolve the matter through good faith discussion between senior representatives within 10 business days. If unresolved, either party may refer the matter to mediation, with costs shared equally. If mediation does not resolve the dispute within 30 days, either party may pursue legal proceedings.

18. Changes to These Terms

Waboom reserves the right to update these Terms of Service from time to time. Material changes will be communicated to active clients via email at least 30 days before they take effect. Continued use of our services after the effective date constitutes acceptance of the updated terms.

19. Governing Law

These terms are governed by and construed in accordance with the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the New Zealand courts.

20. General

These Terms of Service, together with any applicable SOW or service agreement, constitute the entire agreement between the parties. If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force and effect. Neither party may assign its rights or obligations without the prior written consent of the other party.

Contact Us

If you have questions about these Terms of Service, please contact us at:

Email: info@waboom.ai
Location: Auckland, New Zealand