Terms of Service

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.

Where terms of service are presented and accepted inside the Waboom portal, whether during account activation or on first sign-in, that acceptance is an acceptance of these Terms of Service by the Client, in addition to any terms shown on the portal page itself. Acceptance given by any user of the Client’s account binds the Client. Waboom records the date, time, network address and version accepted against the Client’s account, and will provide that record to the Client on request.

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.

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

Waboom supplies the technology and configures it to the Client’s instructions. The Client is solely responsible for the calls made and received using its AI voice agents, for what those agents say, and for every campaign the Client runs. The agents act for the Client, not for Waboom.

In particular, the Client is responsible for:

• The content and conduct of all calls placed or received by its AI voice agents, including any statement, offer, representation, or commitment an agent makes on the Client’s behalf
• Providing accurate and complete information for agent configuration, including knowledge base content and contact lists
• Holding a lawful basis for every number it calls, including any consent required for outbound or marketing calls, and being able to evidence how each contact list was obtained
• Ensuring all contact lists comply with the New Zealand Marketing Association’s Do Not Call register and applicable telemarketing regulations
• Acting on any do-not-call, opt-out, or unsubscribe request immediately, and keeping that suppression in place
• 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).

For contact lists the Client uploads, and for personal information the Client’s AI voice agents collect during calls, the Client is the agency responsible for that information under the Privacy Act 2020. Waboom holds and processes it on the Client’s instructions in order to deliver the service. The Client is responsible for having a lawful basis to collect and use that information, for telling the individuals concerned what they need to be told, and for answering any request an individual makes to access or correct it. Waboom will assist the Client in responding to such a request.

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.

Waboom may also suspend calling immediately, without notice, where it receives complaints from call recipients, where a regulator, telecommunications carrier, or infrastructure provider raises a concern about the Client’s activity, or where Waboom reasonably suspects a breach of this policy is in progress. A suspension on any of these grounds is not a breach of these terms by Waboom, and Waboom is not liable for losses arising from it. Waboom will tell the Client the reason and work with them to resolve it.

13. Limitation of Liability

Waboom is a technology and services provider. To the maximum extent permitted by law, Waboom is not responsible or liable for:

• The content of the Client’s calls or campaigns, or anything an AI voice agent says on the Client’s behalf
• Any breach by the Client of telecommunications, telemarketing, consumer, privacy, or other law or regulation
• Any claim, complaint, or regulatory action brought by a call recipient or other third party arising from the Client’s use of the service
• Business losses arising from campaign outcomes, including lost revenue, lost opportunities, or reputational harm

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, except in respect of the Client’s obligations under section 14 (Indemnity).

The cap in this section limits Waboom’s liability only. It does not limit the Client’s obligation to pay amounts owing for services delivered, and it does not limit the Client’s indemnity under section 14.

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. Indemnity

The Client indemnifies Waboom AI Limited and its directors, officers, employees, and contractors against all claims, demands, proceedings, losses, damages, fines, penalties, costs, and expenses (including reasonable legal costs) arising out of or in connection with:

• The calls made or received using the Client’s AI voice agents, including their content and conduct
• The Client’s contact lists, including how they were obtained and the consents relied on
• Any breach by the Client of these terms, of the acceptable use policy in section 12, or of any applicable law or regulation
• Any claim by a call recipient, employee, customer, or other third party arising from the Client’s use of the service

Waboom will notify the Client promptly of any claim to which this indemnity applies and will not settle it without the Client’s consent. The Client may take over the conduct of the defence at its own cost, and Waboom will provide reasonable assistance. This indemnity survives termination of these terms.

This indemnity does not apply to the extent a claim arises from Waboom’s own fraud or wilful misconduct, or from Waboom’s failure to configure the service in accordance with the Client’s written instructions.

15. 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.

16. 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, indemnity, intellectual property, and governing law survive termination.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.