Terms of Service

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 — and its limits

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

The Service depends on your mobile carrier, on WhatsApp, and on your customers having WhatsApp installed. The limits below are inherent to how it works, not faults, and you accept them as part of these Terms.

4a. Call diversion replaces your voicemail

• Diverting unanswered calls to Conversiq uses the same carrier setting your voicemail uses, the two cannot run at the same time
• While diversion to Conversiq is active, unanswered callers receive a WhatsApp conversation instead of reaching a voice mailbox
• You can restore voicemail at any time by removing the diversion, this also stops missed-call follow-ups

4b. Your WhatsApp sender is an international number

• New Zealand numbers cannot currently be enabled as WhatsApp Business senders, so your sender runs on an international (typically +1) number
• Your customers see your verified WhatsApp Business Profile name on every message, the profile name is the trust marker, not the number
• We do not control whether or when Meta makes NZ numbers available for WhatsApp Business

4c. Follow-ups reach WhatsApp users only

• Missed-call follow-ups and AI replies are delivered over WhatsApp
• A caller who does not have WhatsApp installed will not receive the message, and we cannot detect this in advance

4d. Very short calls cannot trigger a follow-up

• Diversion only fires after your carrier's no-answer timeout, usually 15 to 30 seconds, which your carrier sets
• A caller who hangs up before that timeout never reaches our platform, so no follow-up is sent and no record is created

4e. Diversion is a carrier feature, at carrier rates

• Forwarded calls travel over your own mobile plan, your carrier's standard diversion rates may apply and are billed to you by your carrier, not by us
• Setup is a one-time carrier code, we walk you through it during onboarding
• We are not responsible for carrier charges, carrier configuration changes, or diversion settings altered outside the Service

4f. WhatsApp's 24-hour rule shapes some messages

• Once a customer has not replied for 24 hours, WhatsApp only permits pre-approved message templates until they respond again
• Some reminders and follow-ups therefore arrive in that fixed template format rather than as free-form replies
• Template approval is controlled by Meta, we cannot guarantee approval timeframes or that a given template stays approved
• Opt-outs are honoured in every format, see section 5b

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
• The AI identifies itself as AI: it never claims to be a person. Asked directly, it tells the customer it is the business's AI assistant, and any customer who asks for a real person is handed to you immediately. You must not configure or instruct the Service to present the AI as a human
• 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
• Our fees do not include your mobile carrier's call-diversion charges, which your carrier bills you directly, see section 4e
• 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.Free trials and pilots

• Free trial or pilot periods are offered at our discretion; the length and any conditions are stated at signup
• All of these Terms apply during a trial or pilot
• We may modify or end a trial at any time
• Unless you cancel before the trial ends, your account converts to a paid subscription at the then-current rate; we email you before conversion
• No fees are charged during the trial period

9.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
• Some messages cannot be delivered for reasons inherent to the channel rather than to our uptime, see sections 4c, 4d, and 4f
• Scheduled maintenance is announced at least 24 hours in advance

10.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 the Service to develop, train, benchmark, or assist in building any product or service that competes with Conversiq
• Copy, replicate, or create derivative works of the Service's user interface, dashboard layout, conversation flows, or prompt and agent configurations
• 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

11.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.

12.Data, intellectual property, and ownership

• Your licence: we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service solely for the internal business purposes of your own business, for as long as you hold a paid subscription
• Your data: you own all customer data and content you submit; you grant us a licence to use it only to provide the Service
• Aggregated data: we may use de-identified, aggregated data derived from use of the Service to operate, analyse, and improve it, provided no customer or end user is identifiable and no tenant's conversation content is used to train models serving other tenants
• 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

13.Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only for the purposes of this agreement.

14.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

Where you acquire the Service for the purposes of a business, the parties agree that the NZ Consumer Guarantees Act 1993 does not apply, and that it is fair and reasonable to be bound by this provision.

If you are a "consumer" under the NZ Consumer Guarantees Act 1993, statutory guarantees apply and are not excluded by these Terms.

15.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)

16.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

17.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.

18.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.

19.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

20.Contact

Conversiq Limited
8 Gilliam Street, New Lynn, Auckland, New Zealand
Email: legal@conversiq.io
Phone: +64 22 160 8481