Terms of Service

These terms are an agreement between you and KiwiAgent.ai ("KiwiAgent", "we", "us", "our"). [Legal entity name and NZBN to be confirmed before publication.] They govern your use of the KiwiAgent website and the KiwiAgent AI phone answering service.

By creating an account, starting a pilot, or using the service, you accept these terms. KiwiAgent is supplied to businesses for business purposes, and the person accepting these terms confirms they have authority to do so for their business.

KiwiAgent is an AI phone answering service. Depending on your plan, it includes New Zealand phone numbers, AI voice agents that answer calls, take messages and bookings, and transfer calls, plus call transcripts and summaries, integrations, and a dashboard for managing it all.

We help set up your agent using the information you give us. You are responsible for checking that your greeting, answers, and business details are accurate before and after you go live.

You agree to give us accurate information, keep your sign-in details secure, and take responsibility for use of the service by your team.

You agree not to:

• use the service for unlawful, deceptive, or harassing calls;
• use it to make unsolicited marketing or robocall campaigns;
• resell the service without our written agreement;
• attempt to reverse engineer the platform, probe its security, or interfere with other customers' use of it.

We may suspend or end accounts that breach this section.

• All prices are in New Zealand dollars and exclude GST unless stated otherwise. GST at the current rate (15%) is added for New Zealand customers, and every charge comes with a GST-compliant tax invoice.
• Monthly plans are billed in advance through Stripe. Each plan includes a monthly allowance of call minutes, which resets each billing month and does not roll over.
• Minutes used beyond your plan allowance are charged at a flat $0.49 + GST per minute on all paid plans.
• Annual plans are prepaid: you pay the equivalent of 10 monthly payments for 12 months of service (two months free).
• The free tier includes 30 minutes each month, with no card required. It is subject to fair use, and we may change or retire it with reasonable notice.
• On plans with the bring-your-own-keys option, you pay a reduced platform price ($249 + GST per month for Business) plus a $0.19 + GST per minute platform rate, and you pay your AI and telephony providers directly under your own accounts and their terms.
• We may change prices with at least 30 days' notice by email. Changes apply from your next renewal, and you can cancel before then if you do not accept them.

Monthly plans run month-to-month with no lock-in. You can cancel at any time from your dashboard or by emailing us. Cancellation takes effect at the end of your current billing month: you keep access until then, and we do not give pro-rata refunds for partial months.

Annual plans run for their prepaid 12-month term. You can cancel renewal at any time, and prepaid amounts are not refundable except where the law requires. [Refund approach for unused annual time to be confirmed before publication.]

We may suspend the service for non-payment after giving you notice and a reasonable chance to fix it.

When your account closes, we stop answering your calls, and we delete or de-identify your data within a reasonable period, except records we must keep by law (such as billing records for tax). If you want to keep a phone number we provided, contact us before closing your account and we will help where the carrier allows.

KiwiAgent uses artificial intelligence. It performs well, but like any AI it can mishear, misunderstand, or occasionally give an inaccurate answer. You should verify important details, such as bookings, prices, and quotes, before relying on them, and you are responsible for the accuracy of the business information you give your agent.

The service is not designed or approved for emergency calls. Callers who need urgent help should hang up and dial 111. Nothing the service says is professional advice of any kind.

The service transcribes calls and can record them to produce the transcripts and summaries you receive. You are responsible for meeting your own legal obligations to your callers, including any disclosure or consent requirements that apply to your business under New Zealand law.

Our Privacy Policy explains how we collect and handle personal information, including callers' information we process on your behalf.

We work to keep the service available around the clock, but we do not promise uninterrupted operation, and no specific uptime commitment applies unless your plan includes an SLA. The service depends on third-party providers, such as telephone carriers and AI model providers, and may occasionally be affected by maintenance or events outside our control. Support is provided through the channels included in your plan.

We own the KiwiAgent platform, software, and branding. You own your business content and your call data, including your knowledge documents, recordings, transcripts, and summaries. You grant us a licence to host and process that content as needed to provide, support, and improve the service for you.

You confirm you are acquiring the service for business purposes. Both parties agree that the Consumer Guarantees Act 1993 does not apply, to the maximum extent that section 43 of that Act permits. Nothing in these terms limits rights under the Fair Trading Act 1986 or any other rights that cannot lawfully be excluded.

To the maximum extent the law allows, we are not liable for indirect or consequential loss, or for lost profits, revenue, or data, and our total aggregate liability under these terms is capped at the amounts you paid us in the 12 months before the event giving rise to the claim. Nothing in this section excludes liability that cannot lawfully be excluded.

We may update these terms from time to time. For material changes we will give customers at least 30 days' notice by email or through the dashboard. Continuing to use the service after a change takes effect means you accept the updated terms.

These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction over any dispute connected with them.

Email: avinash.vatsya@saaskool.com
Phone: +64 27 246 9195