1.Agreement
These Terms govern your use of the Conversiq platform ("Service") operated by Conversiq Limited (NZBN: 9429053650702) ("Conversiq"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.
2.Who can use the Service
The Service is offered to businesses operating in New Zealand. You must:
- Be at least 18 years old
- Be authorised to bind the business you sign up for
- Hold any licences your trade requires (e.g., plumbing, gasfitting, electrical registration)
- Comply with all applicable New Zealand laws
3.Your account
- Authentication is by magic link to your registered email, keep your email account secure
- You are responsible for all activity under your account
- Notify us immediately at security@Conversiq.io of any unauthorised access
4.How the Service works
Conversiq provides automated SMS, WhatsApp, and voice messaging for your business. When you onboard:
- We provision a dedicated voice number, a WhatsApp Business sender, and route your existing business phone through our platform
- Our AI agents respond to customer messages on your behalf
- You see every conversation in the dashboard and can take over at any time
- We sync captured jobs to your CRM if you connect one
5.Your responsibilities as a Tenant
When customers interact with the Service through your business, you are the data controller for their information. You must:
5a. Obtain valid consent
- You may only initiate WhatsApp conversations with customers who have opted in through our website widget, opted in directly with you, or first contacted you (including by calling your business number)
- You must not upload, import, or message phone numbers without consent
- You must keep evidence of consent
5b. Honour opt-outs
- Customer opt-outs are processed automatically by the platform
- You must not attempt to circumvent opt-outs by messaging from another channel
5c. Comply with messaging law
- NZ Unsolicited Electronic Messages Act 2007: applies to all SMS and emails
- WhatsApp Business Policy: read it at business.whatsapp.com/policy
- Meta Business Terms: applies to all WhatsApp messages
5d. Don't misrepresent your business
- Your WhatsApp Business Profile name must match your registered business name
- You must not impersonate another business
- You must not use the Service for trades you are not licensed to perform
5e. Don't use the Service for prohibited content
You must not use Conversiq to send:
- Unsolicited marketing or spam
- Misleading, deceptive, or fraudulent messages
- Content prohibited by WhatsApp Business Policy (firearms, drugs, adult content, gambling, multi-level marketing, unregulated financial services, etc.)
- Content that infringes intellectual property
- Content that is unlawful, harassing, defamatory, or hateful
6.AI-generated content
- Our AI agents generate responses based on your configuration and the customer's messages
- You acknowledge that AI responses may contain errors and are not professional advice
- You are responsible for reviewing conversations and correcting AI errors
- You may take over any conversation at any time; the AI stops automatically when you reply
- Quotes generated by the AI are estimates only and are not binding contracts unless you confirm them
7.Fees and billing
- Subscriptions are billed monthly in advance through Stripe
- Fees are in NZD, exclusive of GST
- We may change fees with 30 days' notice
- You can cancel anytime; service continues to the end of the current billing period
- Refunds are at our discretion; we will refund unused prepaid periods if we terminate you without cause
8.Service availability
- We aim for 99.5% uptime but do not guarantee uninterrupted Service
- We are not responsible for outages of Twilio, Meta, Stripe, or other underlying providers
- Scheduled maintenance is announced at least 24 hours in advance
9.Acceptable use of the platform
You must not:
- Reverse engineer, decompile, or attempt to access source code
- Resell, sublicense, or white-label the Service without a separate written agreement
- Use automated tools to scrape data from the dashboard
- Exceed reasonable rate limits or use the Service to overload our systems
- Use the Service in a way that damages, disables, or impairs the Service for others
10.Suspension and termination
We may suspend or terminate your account if:
- You materially breach these Terms
- We receive credible complaints about your business or messaging conduct
- Meta restricts or disables your WhatsApp Business Profile
- Your payments fail and aren't cured within 7 days
- A regulator or law enforcement requires it
We will notify you and give you a chance to cure where reasonable. We may suspend immediately if we believe the breach poses risk to other users, to WhatsApp's platform, or to recipients of messages.
11.Data, intellectual property, and ownership
- Your data: you own all customer data and content you submit; you grant us a licence to use it only to provide the Service
- Our platform: we own all software, designs, and content of the Service
- AI outputs: you own the AI-generated content delivered to your customers under your account
- Feedback: if you give us feedback, we may use it without obligation
12.Confidentiality
Each party will protect the other's confidential information with reasonable care and use it only for the purposes of this agreement.
13.Warranties and disclaimers
The Service is provided "as is". To the maximum extent permitted by law:
- We disclaim all implied warranties (fitness for purpose, merchantability, accuracy)
- We do not warrant that AI responses are accurate or appropriate for any specific situation
- We do not warrant uninterrupted service
If you are a "consumer" under the NZ Consumer Guarantees Act 1993, statutory guarantees apply and are not excluded by these Terms.
14.Limitation of liability
To the maximum extent permitted by law:
- Our total liability to you in any 12-month period is capped at the fees you paid us in that period
- We are not liable for indirect, consequential, or special damages, including lost profits, lost business, or loss of data
- These limits don't apply to liability that cannot be limited by law (fraud, death, personal injury)
15.Indemnity
You will indemnify Conversiq against any claim, loss, or expense arising from:
- Your breach of these Terms
- Your messaging to customers without valid consent
- Content you submit through the Service
- Your violation of any law or third-party right
16.Changes to these Terms
We may update these Terms. Material changes are notified by email at least 30 days before they take effect. If you don't agree to a change, you may cancel before it takes effect.
17.Disputes
These Terms are governed by New Zealand law. Disputes will be resolved in the courts of New Zealand. Before filing a claim, we encourage you to contact us at legal@Conversiq.io to try to resolve the issue informally.
18.Miscellaneous
- Assignment: you may not assign these Terms without our consent; we may assign to a successor in a merger or acquisition
- Severability: if a provision is unenforceable, the rest stays in effect
- No waiver: failure to enforce a right is not a waiver
- Entire agreement: these Terms, plus the Privacy Policy and any order form, are the entire agreement
19.Contact
Conversiq Limited
8 Gilliam Street, New Lynn, Auckland, New Zealand
Email: legal@Conversiq.io
Phone: +64 22 160 8481