Terms of Service

Last updated: October 2026

These Terms of Service (“Terms”) govern the access to and use of the Octovox platform and associated services provided by Octovox Limited, NZBN 9429052101342 (“Octovox”, “we”, “us” or “our”).

By subscribing to, accessing or using the Octovox platform, the customer (“Customer”, “you” or “your”) agrees to these Terms.

These Terms apply whether the Services are purchased directly from Octovox or through an authorised Octovox reseller.

1. Services

1.1. Octovox provides an AI-powered voice automation software platform for creating, deploying and managing AI voice agents for inbound and outbound telephone communications

1.2 The platform may integrate with telephony systems, contact centre platforms, PBX systems, customer relationship management (CRM) systems, calendars and other business applications.

1.3 The Services include, where subscribed to or made available:

a. Automated inbound and outbound AI voice interactions;

b. AI-powered customer enquiries, appointment scheduling, notifications, account management and calling campaigns;

c. The Octovox Switchboard for configuring, monitoring, supervising and managing AI voice agents;

d. Speech-to-text and text-to-speech capabilities;

e. Integrations with supported third-party applications; and

f. Related implementation, integration, maintenance, support and professional services.

1.4 The Services are provided on a subscription or usage basis, as specified in the applicable order, subscription or commercial agreement.

1.5 Octovox may develop, enhance, modify or introduce new features and functionality during the subscription period. We will use reasonable efforts to avoid materially reducing the core functionality of subscribed Services during an agreed subscription term.

2. Customer Agreements and Resellers

2.1 Customers may obtain the Services directly from Octovox or through an authorised reseller.

2.2 Where Services are supplied through a reseller:

a. The reseller is ordinarily responsible for the primary commercial relationship with the Customer, including sales, account management, onboarding coordination, first-line support, invoicing and payment collection;

b. Octovox remains responsible for hosting, operating, maintaining and providing the underlying platform and associated technical services;

c. Commercial matters, including subscription pricing, payment terms, agreed minimum commitments and renewals, are governed by the applicable commercial agreement or order;

d. Octovox may communicate directly with the Customer regarding technical support, implementation, security, legal, operational or service-related matters; and

e. These Terms govern the Customer’s use of the Octovox platform, regardless of the reseller involved.

2.3 If a reseller arrangement changes or ends, Octovox may make reasonable arrangements to maintain service continuity, including transferring commercial administration to Octovox or another authorised reseller, subject to the Customer’s applicable contractual rights and obligations.

2.4 In the event of an inconsistency between these Terms and a separate written agreement signed by Octovox and the Customer, the signed agreement prevails to the extent of that inconsistency. A reseller’s separate commercial terms do not amend Octovox’s obligations under these Terms unless Octovox expressly agrees in writing.

3. Right to Use the Platform

3.1 Subject to payment of applicable fees and compliance with these Terms, Octovox grants the Customer a limited, non-exclusive, non-transferable right to access and use the Services for its internal business operations during the applicable subscription term.

3.2 The Customer must not:

a. Copy, reproduce, modify, distribute, resell or sublicense the platform except as expressly authorised;

b. Reverse-engineer, decompile or attempt to obtain the platform’s source code, except where applicable law expressly permits;

c. Circumvent security controls, access restrictions or usage limits;

d. Access the platform or related systems without authorisation;

e. Use the platform to develop or operate a competing service through unauthorised copying or extraction of Octovox technology; or

f. Use the Services in any manner that infringes intellectual property rights or violates applicable laws.

3.3 The Customer is responsible for ensuring its authorised users maintain the confidentiality of their account credentials and comply with these Terms.

4. Acceptable Use

4.1 The Customer must use the Services lawfully, responsibly and in accordance with applicable telecommunications, consumer protection, privacy, marketing and other relevant laws.

4.2 The Customer must not use the Services to:

a. Conduct unlawful, fraudulent, deceptive, threatening, abusive or harassing communications;

b. Make unsolicited marketing calls or send communications in breach of applicable laws;

c. Contact individuals who have opted out of communications where such contact is prohibited;

d. Impersonate another person or organisation without lawful authority;

e. Mislead individuals about the identity or purpose of a communication;

f. Collect, disclose or process personal information unlawfully;

g. Introduce malicious software, compromise security or disrupt platform operations; or

h. Conduct any activity that could reasonably expose Octovox, its infrastructure providers or telecommunications partners to legal or regulatory penalties.

4.3 The Customer is responsible for its calling campaigns, contact lists, scripts, AI agent instructions, workflows, integrations and business processes.

4.4 The Customer must ensure that any person contacted through the Services may exercise applicable rights to withdraw consent, opt out or request that communications cease.

4.5 Octovox may suspend or restrict access to affected Services where reasonably necessary to prevent unlawful activity, material security risks, abuse or significant disruption, or where required by law. Where reasonably practicable, Octovox will provide notice and an opportunity to remedy the issue.

5. Artificial Intelligence

5.1 The Services use artificial intelligence, automated speech recognition, text-to-speech and related technologies to generate and conduct voice interactions.

5.2 AI-generated responses may be inaccurate, incomplete, inappropriate or inconsistent with the Customer’s intended instructions.

5.3 Octovox does not warrant that AI-generated responses will be error-free, suitable for every purpose or compliant with every law applicable to the Customer’s business.

5.4 The Customer is responsible for:

a. Configuring and supervising AI agents appropriately;

b. Ensuring that instructions, knowledge sources and information provided to AI agents are accurate, lawful and appropriate;

c. Reviewing AI-generated information where necessary;

d. Establishing appropriate human oversight and escalation procedures;

e. Ensuring that AI interactions are suitable for the Customer’s intended business purposes; and

f. Providing legally required disclosures that a caller is communicating with an AI system.

5.5 The Services are not intended to replace qualified professional advice, professional judgement or mandatory human decision-making in regulated or high-risk situations.

5.6 The Customer must not rely solely on AI-generated responses for decisions involving personal safety, medical treatment, legal rights, financial suitability or other matters where incorrect information could cause significant harm, without appropriate qualified human review.

6. Call Recording, Monitoring and Consent

6.1 The Services may provide capabilities for recording, transcribing, monitoring, analysing and storing telephone interactions.

6.2 The Customer is responsible for determining whether these activities are lawful in the jurisdictions in which it operates or communicates.

6.3 The Customer must obtain all necessary consents, provide required notices and comply with applicable laws relating to:

a. Call recording and monitoring;

b. Collection and processing of personal information;

c. Automated calling and marketing;

d. AI-generated or AI-assisted communications; and

e. Storage, retention and disclosure of recordings and transcripts.

6.4 Octovox provides technical capabilities for recording, transcription and monitoring but does not determine whether any particular Customer use is lawful.

6.5 The Customer is responsible for establishing lawful retention periods and appropriate access permissions for recordings, transcripts and other information generated through the Services.

7. Customer Data and Privacy

7.1 Customer Data means information, content, recordings, transcripts, contact details, instructions, knowledge bases and other data supplied by or on behalf of the Customer, or generated through the Customer’s use of the Services.

7.2 Customer Data remains the property of the Customer or the party that lawfully supplied it. Nothing in these Terms transfers ownership of Customer Data to Octovox.

7.3 The Customer grants Octovox the rights necessary to host, access, process, transmit and otherwise use Customer Data solely for providing, maintaining, supporting and improving the Services.

7.4 Octovox will implement reasonable technical and organisational measures to protect Customer Data against unauthorised access, disclosure, alteration and loss.

7.5 Octovox may use third-party service providers to deliver necessary functions, including cloud hosting, telecommunications, speech processing and AI capabilities, subject to appropriate confidentiality and security arrangements.

7.6 Each party is responsible for complying with applicable privacy and data protection laws relating to its own activities.

7.7 The Customer is responsible for ensuring it has a lawful basis to collect and provide Customer Data to Octovox, including any required permissions, notifications and consents.

7.8 Octovox will not sell Customer Data to third parties.

7.9 Octovox’s processing of personal information is also subject to its published Privacy Policy and any separately agreed data processing terms.

8. Information Security and Security Incidents

8.1 Octovox is responsible for maintaining reasonable security measures for the hosted platform and infrastructure under its control.

8.2 The Customer is responsible for securing its own systems, networks, devices, account credentials, configurations and third-party integrations.

8.3 Octovox will investigate and take reasonable steps to mitigate security incidents affecting Customer Data hosted on the platform.

8.4 Octovox will notify the Customer or its authorised reseller without undue delay after becoming aware of a confirmed or reasonably suspected security incident affecting Customer Data, where notification is appropriate or required.

8.5 The parties will reasonably cooperate in investigating security incidents, taking remedial action and fulfilling applicable legal notification obligations.

8.6 The Customer must promptly notify Octovox if it becomes aware of unauthorised access to its account or a security incident that may affect the platform.

9. Service Availability and Support

9.1 Octovox will use reasonable efforts to provide platform availability of 99.9%, calculated annually, subject to the exclusions in this section.

9.2 The following are excluded from the calculation of Platform Availability:

a. Scheduled maintenance;

b. Events beyond Octovox’s reasonable control;

c. Failures involving Customer or reseller systems, equipment, networks, configurations, actions or omissions;

d. Telecommunications carriers and third-party telephony services; and

e. Third-party AI, cloud, infrastructure or other services outside Octovox’s reasonable control.

9.3 Octovox will use reasonable efforts to give advance notice of scheduled maintenance that is expected to materially affect platform availability, where practicable.

9.4 Support is provided according to the following service levels, measured during Octovox Business Hours:

Incident Classification	Initial Response	Restoration Target
Critical: Platform unavailable	1 Business Hour	4 Business Hours
High: Core functionality materially impaired, no reasonable workaround	4 Business Hours	1 Business Day
Medium: Core functionality materially impaired, reasonable workaround available	1 Business Day	Not specified
Low: Minor functionality issue	1 Business Day (general support)	Not specified

9.5 Business Hours means Octovox’s normal business hours in New Zealand, excluding weekends and New Zealand public holidays.

9.6 Restoration targets are objectives for restoring materially affected functionality and are not guaranteed resolution times.

9.7 Customers purchasing through an authorised reseller should ordinarily contact that reseller for first-line support. Octovox provides escalated technical support and may communicate directly with Customers when appropriate.

9.8 Enhanced service levels, including 24/7 support, may be made available under a separate written agreement, potentially subject to additional fees.

10. Third-Party Services and Integrations

10.1 The platform may depend on third-party telecommunications operators, speech processing providers, AI providers, hosting services and software integrations.

10.2 Octovox is responsible for operating integrations it provides, to the extent those integrations and their operation are within Octovox’s reasonable control.

10.3 Octovox does not guarantee the continuous availability, accuracy or performance of third-party services outside its reasonable control.

10.4 The Customer is responsible for complying with applicable terms and conditions of third-party services that it independently obtains, configures or connects to the platform.

10.5 Octovox may modify or replace third-party providers or components where reasonably required to maintain or improve the Services.

11. Fees, Subscription Terms and Payment

11.1 Subscription fees, usage-based charges, minimum subscription periods, billing arrangements and payment terms will be specified in the applicable order or commercial agreement.

11.2 Where the Services are purchased through an authorised reseller, the reseller is ordinarily responsible for invoicing and collecting payment from the Customer.

11.3 Usage-based services, including AI calling minutes, may be charged in addition to fixed subscription fees in accordance with the applicable pricing arrangements.

11.4 Unless otherwise agreed, fees are exclusive of applicable taxes.

11.5 Subscription renewals, price changes and cancellation rights are governed by the applicable commercial agreement.

11.6 Pricing changes will not affect fees already agreed for an existing committed subscription period unless expressly permitted by the applicable commercial agreement or agreed in writing.

11.7 Octovox may suspend Services for material non-payment where permitted by the applicable commercial agreement, after reasonable notice and an opportunity to remedy the non-payment, except where immediate action is legally required.

12. Intellectual Property

12.1 Octovox and its licensors retain all intellectual property rights in the platform, software, documentation, technology, designs, functionality and related materials.

12.2 The Customer receives only the limited rights to access and use the Services expressly granted under these Terms.

12.3 The Customer retains ownership of its Customer Data, business information, contact lists and other materials supplied to the platform.

12.4 Where the Customer provides suggestions or feedback concerning the platform, Octovox may use that feedback to develop and improve its products without obligation to compensate the Customer. This does not transfer ownership of the Customer’s underlying confidential information or Customer Data.

13. Warranties and Disclaimers

13.1 Octovox will use reasonable care and skill in providing the Services.

13.2 Except for commitments expressly stated in these Terms or a separate written agreement, and to the maximum extent permitted by applicable law, the Services are provided without additional warranties.

13.3 Octovox does not warrant that:

a. The Services will operate without interruption or error;

b. AI-generated responses will always be accurate, complete or appropriate;

c. Every integration or third-party service will remain continuously available;

d. The Services will achieve a particular business, sales, revenue or operational outcome; or

e. The Services will satisfy legal or regulatory requirements specific to the Customer’s activities without appropriate Customer configuration and oversight.

13.4 Nothing in these Terms excludes or limits any right, guarantee or remedy that cannot lawfully be excluded or limited.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, Octovox will not be liable for indirect, consequential, incidental or special losses, including loss of profits, revenue, savings, business opportunities or goodwill, arising from the use of the Services.

14.2 Subject to clause 14.4, Octovox’s maximum aggregate liability arising from or relating to the Services, whether in contract, tort (including negligence) or otherwise, will not exceed the fees paid or payable to Octovox, directly or through an authorised reseller, for the affected Services during the 12 months immediately preceding the event giving rise to the claim.

14.3 Octovox is not responsible for losses arising to the extent caused by:

a. Unlawful or unauthorised use of the Services;

b. Inaccurate information, instructions or data provided by the Customer;

c. The Customer’s failure to supervise AI agents appropriately;

d. The Customer’s failure to obtain legally required consents or provide legally required notices;

e. Failures of third-party telecommunications, AI, cloud or integration services outside Octovox’s reasonable control; or

f. The Customer’s breach of these Terms.

14.4 Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury where liability cannot lawfully be limited, or any other liability that cannot be excluded or limited under applicable law.

14.5 Each party must take reasonable steps to mitigate losses arising from a breach of these Terms.

15. Suspension and Termination

15.1 These Terms apply for the duration of the Customer’s subscription to or use of the Services.

15.2 Subscription duration, renewal, cancellation and termination rights are governed by the applicable commercial agreement, subject to any additional termination rights expressly stated in these Terms.

15.3 Octovox may suspend affected Services where reasonably necessary due to:

a. Material breach of these Terms;

b. Unlawful use of the platform;

c. A significant security threat;

d. Non-payment by either the Customer or its Authorised Reseller;

e. A legal or regulatory requirement.

15.4 Where practicable, Octovox will provide notice of suspension and a reasonable opportunity to remedy the issue.

15.5 Upon termination or expiry of the applicable subscription:

a. The Customer’s right to use the affected Services ends;

b. All outstanding fees remain payable in accordance with the applicable commercial agreement;

c. Octovox may disable the relevant accounts and integrations; and

d. Customer Data will be retained, made available or deleted in accordance with applicable law, the Privacy Policy and any agreed data retention or exit arrangements.

15.6 Provisions relating to accrued payment obligations, intellectual property, confidentiality, liability and dispute resolution survive termination to the extent necessary to give them effect.

16. Confidentiality

16.1 Each party must protect confidential information obtained from the other party and must not disclose it except as reasonably necessary to perform its obligations, as authorised by the disclosing party or as required by law.

16.2 Each party must maintain reasonable safeguards to protect confidential information against unauthorised access and disclosure.

16.3 Confidential information may be disclosed to personnel, professional advisers and authorised service providers who reasonably require access and are subject to appropriate confidentiality obligations.

16.4 Confidentiality obligations do not apply to information that becomes publicly available without breach, was lawfully known to the receiving party, or is lawfully received from another source without a confidentiality restriction.

17. Changes to These Terms

17.1 Octovox may update these Terms from time to time to reflect changes in the Services, applicable laws, security requirements or business operations.

17.2 Where a change materially affects an existing Customer’s rights or obligations, Octovox will provide reasonable advance notice.

17.3 Material changes will not override the express terms of an existing written Customer agreement or agreed subscription commitment without the required agreement of the affected parties.

17.4 The latest version of these Terms will be published on the Octovox website with its effective date.

18. General

18.1 Force Majeure: Neither party is responsible for failure to perform its obligations to the extent caused by circumstances beyond its reasonable control, provided it takes reasonable steps to mitigate the effects.

18.2 Assignment: The Customer may not transfer its rights or obligations under these Terms without Octovox’s prior written consent, except where applicable law requires otherwise.

18.3 Severability: If any provision is found unenforceable, the remaining provisions continue in effect.

18.4 No Waiver: A failure to enforce a provision does not constitute a waiver of any rights.

18.5 Entire Agreement: These Terms, together with any applicable written Customer agreement, order and expressly incorporated documents, govern the Customer’s use of the Services.

18.6 Governing Law: These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand, subject to any mandatory applicable law.

18.7 Notices: Formal notices may be delivered electronically to the contact details provided by the parties.

19. Contact Information

Octovox Limited NZBN 9429052101342 Phone: +6492431233 Website: www.octovox.ai Sales Email: sales@octovox.ai Service Email: support@octovox.ai

For account management, commercial enquiries, billing and first-line support, Customers purchasing through an authorised reseller should contact their reseller in the first instance.