Effective Date: Friday the 16th May, 2025
This REVcaller Service Terms Addendum ("REVcaller Addendum") supplements the General Terms and Conditions ("General Terms") of Transparent Corporation Pty Ltd ("Transparent Corp," "We," "Us," "Our"). These terms apply specifically to Your use of the REVcaller AI voice bot service ("REVcaller Service") as a user or customer ("User," "You," "Your"). Users of the REVcaller Service may or may not be real estate agents.
By subscribing to or using the REVcaller Service, You agree to be bound by the General Terms, Our Privacy Policy, and this REVcaller Addendum. Capitalized terms not defined herein have the meanings given to them in the General Terms. In the event of a conflict between this REVcaller Addendum and the General Terms, this REVcaller Addendum shall prevail with respect to Your use of the REVcaller Service.
1.1. The REVcaller Service utilizes third-party AI voice bot technology (e.g., Retell.ai, ChatGPT) to make outbound calls to a list of contacts ("Contact List") provided by You ("Your Contacts") for User-defined purposes such as client nurturing, marketing, and client engagement, as agreed between You and Transparent Corp.
1.2. Calls are made using a telephone number ("Dedicated Number") provisioned for Your exclusive use during Your active REVcaller Service subscription through Transparent Corp's account with a third-party telecommunications provider (e.g., Twilio).
1.3. The REVcaller Service generates call outcome summaries and basic analytics related to the disposition of calls ("Call Analytics") based on the calls made. For clarity, the REVcaller Service as provided to You does not typically include the provision of call recordings or full call transcripts to You, unless explicitly agreed otherwise in writing.
2.1. Provision of Information for Dedicated Number:
a. To use the REVcaller Service, You must provide accurate, current, and complete information as requested by Transparent Corp for the provisioning of Your Dedicated Number via Our third-party telecommunications provider. This information may include, but is not limited to, proof of address, ABN (if applicable), company registration details, business name, trading name, primary contact person details (name, phone, email), and any other information required by the telecommunications provider or applicable regulations ("Registration Information").
b. You expressly authorise Transparent Corp to act on Your behalf to submit Your Registration Information to the telecommunications provider (e.g., Twilio) to apply for and manage the necessary telecommunications service bundle (including the Dedicated Number) for Your use with the REVcaller Service.
c. You warrant and represent that all Registration Information You provide is true, accurate, current, and complete, and that You have the full legal authority to use the business identity and contact details associated with such information for the purpose of making outbound calls via the REVcaller Service.
d. Transparent Corp facilitates the acquisition and provisioning of the Dedicated Number for Your use; however, the underlying master account with the telecommunications provider remains with Transparent Corp. The Dedicated Number is allocated for Your exclusive use only during Your active and paid subscription to the REVcaller Service.
2.2. Contact Lists and Consent for Calling (User's Sole Responsibility):
a. You are solely and exclusively responsible for compiling, managing, and providing Your Contact Lists for use with the REVcaller Service.
b. You expressly warrant, represent, and undertake that for every individual on any Contact List You provide to Us for use with the REVcaller Service: (i) You have obtained all necessary explicit, prior, informed, and verifiable consents from that individual to be contacted by an automated AI voice bot using Your Dedicated Number for the specific purpose(s) of the call campaign, and that such consent is current and complies with all applicable laws, including but not limited to the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth); and (ii) You have lawfully obtained all contact information on the list.
c. You are solely and exclusively responsible for ensuring Your Contact Lists are accurately and regularly scrubbed against the official Australian Do Not Call Register (DNCR) *prior* to providing them to Us for each campaign, and that no calls are initiated via the REVcaller Service to any number on the DNCR unless You hold a valid exemption or specific, current consent from the recipient that lawfully overrides their DNCR registration. This must be done in full compliance with the Do Not Call Register Act 2006 (Cth), the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017, and all related legislation and guidelines.
d. Transparent Corp relies entirely and exclusively on Your warranties, representations, and undertakings regarding consent and DNCR compliance. We do not, and are not obligated to, independently verify the consent status or DNCR status for numbers on Your Contact Lists. The entire legal and financial responsibility for such compliance rests with You.
e. You agree to maintain accurate and contemporaneous records of all consents obtained and DNCR scrubbing activities and to provide such records to Transparent Corp or any relevant regulatory authority immediately upon request.
2.3. Lawful Use and Call Content:
a. You are solely responsible for the content of any call scripts, objectives, or instructions You provide for the AI voice bot and for the overall purpose, nature, and lawfulness of Your call campaigns conducted via the REVcaller Service.
b. You must ensure all calls made via the REVcaller Service comply with all applicable Australian laws, industry codes (e.g., those issued by ACMA or Communications Alliance), and ethical standards, including but not limited to those relating to telemarketing, consumer protection, privacy, fair trading, and debt collection (if applicable).
c. You agree not to use the REVcaller Service for any unlawful, fraudulent, deceptive, misleading, harassing, abusive, threatening, defamatory, or obscene purpose, or in any way that could damage Our reputation, the reputation of Our third-party providers (e.g., Retell.ai, Twilio), or violate the rights of any third party.
2.4. Indemnification (Specific to REVcaller): In addition to any indemnities set forth in the General Terms, You agree to indemnify, defend, and hold harmless Transparent Corp, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, penalties, fines, costs, and expenses (including reasonable legal fees and disbursements on a full indemnity basis) arising out of or in any way related to: (i) Your provision of inaccurate, incomplete, or unlawful Registration Information or Contact Lists; (ii) Your failure to obtain necessary consents from individuals on Your Contact Lists or Your failure to comply with DNCR requirements and all other applicable telemarketing and privacy laws; (iii) the content, nature, or purpose of Your call campaigns conducted via the REVcaller Service; (iv) any breach of Your warranties, representations, or obligations under this REVcaller Addendum; or (v) any claim by a recipient of a call made via the REVcaller Service on Your behalf.
3.1. Registration Information: Your Registration Information will be used by Us and shared with Our third-party telecommunications provider (e.g., Twilio) as necessary for provisioning, managing, and ensuring compliance related to Your Dedicated Number.
3.2. Contact Lists: Your Contact Lists are provided to Us by You for the sole purpose of executing the agreed call batch(es) via the REVcaller Service. We will use the list to input into the third-party AI voice bot system (e.g., Retell.ai). We will not use Your Contact Lists for any other purpose. We will securely delete Your Contact Lists from Our active systems within seven (7) business days after the completion of the relevant call batch and the successful delivery of Call Analytics to You.
3.3. Call Analytics: Call Analytics (objective outcomes, not transcripts or recordings, unless otherwise specifically agreed in writing) are generated based on the calls made and provided to You. This data relating to the outcomes of calls to Your Contacts belongs to You. We will securely store copies of Call Analytics provided to You on Our systems (e.g., secure Google Drive folders) for a limited period (e.g., up to seven (7) business days after confirmed delivery to You, or as otherwise agreed) primarily for the purpose of ensuring delivery and providing immediate support, after which they will be securely deleted from Our active systems. You are responsible for downloading, reviewing, and securely storing Your Call Analytics once delivered.
3.4. Internal Training Recordings (Transparent Corp's Use):
a. You acknowledge and agree that Transparent Corp may, for its own internal quality assurance, AI model training, and service improvement purposes *only*, make and retain recordings of some calls conducted via the REVcaller Service, provided such calls are not identifiable as originating from You specifically to the individuals called without further specific consent for such association in the recording.
b. If Transparent Corp makes such internal training recordings, We will: (i) endeavour to ensure that any AI bot scripts used for calls that *might* be recorded for this internal purpose include a clear statement at the beginning of the call that the call may be recorded for training/quality purposes (if feasible within the AI technology and script constraints); (ii) use reasonable efforts to anonymize or de-identify such recordings to the extent practicable to protect the privacy of individuals involved; (iii) store such recordings securely in Our password-protected data storage (e.g., Google Drive, GoHighLevel secure storage); and (iv) retain them for no longer than twelve (12) months, or a shorter period if deemed appropriate.
c. These internal training recordings are for Transparent Corp's internal operational use only, are not considered part of the Service deliverables to You, will not be provided to You, and will not be used for any other purpose.
d. You remain solely responsible for any and all disclosures or consents required to be made or obtained from Your Contacts regarding the possibility of call recording generally, based on Your specific call scripts, purposes, and applicable legal obligations.
4.1. Fees: Use of the REVcaller Service requires payment of an upfront AI Bot setup fee and pre-payment for call packages or credits as per Our current pricing schedule, which will be provided to You prior to engagement.
4.2. No Refunds: Once the AI Bot setup fee has been paid and work has commenced on setup, or call packages/credits have been purchased and any portion thereof has been scheduled or executed, no refunds will be issued for such fees or consumed calls/credits under any circumstances, except as may be strictly required by the Australian Consumer Law. Unused pre-paid calls/credits may be subject to an expiry period as specified at the time of purchase.
4.3. Dedicated Number Maintenance and Cancellation:
a. To maintain Your Dedicated Number's active status, You must execute at least one (1) paid batch call campaign through the REVcaller Service within each calendar month (or other period as agreed to cover the ongoing costs associated with the number as charged by the telecommunications provider).
b. If You do not meet this minimum usage requirement, We may issue a warning notification approximately seven (7) days before the end of Your monthly (or other agreed) billing cycle for the Dedicated Number.
c. If no qualifying batch call campaign is initiated by the end of that cycle to cover the number's cost, We reserve the right, at Our sole discretion, to cancel and de-provision Your Dedicated Number. Should You wish to continue using the REVcaller Service thereafter, You will need to re-apply for a new Dedicated Number, subject to availability and any applicable setup or provisioning fees at that time.
d. Upon cancellation, Dedicated Numbers are returned to the telecommunications provider's pool of available numbers and are not retained by or for Transparent Corp or You. Transparent Corp has no liability for Your inability to secure the same number again.
5.1. Service Operational Hours: The REVcaller Service is generally available to initiate and execute call batches on Australian business days, typically Monday to Friday, between 10:00 AM and 4:00 PM AEST (Brisbane standard time), excluding Queensland public holidays. Transparent Corp may designate other unavailable days or times with reasonable notice where possible (e.g., for system maintenance or capacity management).
5.2. No Guarantees of Call Outcomes or Connection Rates: Transparent Corp does not guarantee any specific call completion rates, connection rates, answer rates, lead generation success, or any particular outcomes from Your call campaigns conducted via the REVcaller Service. The effectiveness and results of the REVcaller Service depend on numerous external factors, including the quality and accuracy of Your Contact List, the nature and clarity of Your call script/objective, the responsiveness of Your Contacts, network conditions, and the inherent limitations of AI and automated calling technologies.
5.3. Reliance on Third-Party AI and Telecommunications: You acknowledge and agree that the REVcaller Service relies heavily on third-party AI technologies (e.g., Retell.ai, ChatGPT) and third-party telecommunications infrastructure (e.g., Twilio). The performance, capabilities, accuracy, and availability of these underlying third-party systems are subject to the terms, limitations, and operational stability of those providers. Transparent Corp is not liable for errors, biases, failures, downtime, or limitations originating from these third-party AI or telecommunications systems. We will use commercially reasonable efforts to work with these providers to resolve issues but cannot guarantee their uninterrupted or error-free operation. You agree to comply with any acceptable use policies of these third-party providers that We notify You of.
5.4. Call Analytics: Call Analytics are provided based on the information and signals received from the AI voice bot system and telecommunications network. While We strive for accuracy, We do not guarantee the complete accuracy or real-time delivery of all Call Analytics. Delivery of Call Analytics is typically within forty-eight (48) hours from the completion of the last call in a batch.
5.5. User Testing and Approval: For AI Bot setup, You will be given an opportunity to test the configured AI Bot prior to live deployment of a call campaign. Your approval to proceed with a live campaign signifies Your acceptance of the Bot's configuration at that time.
5.6. The general disclaimers and limitations of liability set out in Clauses 8 and 9 of the General Terms apply fully to the REVcaller Service provided under this Addendum.
6.1. In addition to any general Acceptable Use Policy outlined in the General Terms or any separate AUP document provided by Transparent Corp, You specifically agree not to use the REVcaller Service, nor allow it to be used:
a. To make calls to emergency service numbers (e.g., 000, 112).
b. To make calls to any number listed on the Do Not Call Register unless You have a valid exemption or have obtained explicit, current consent from the recipient that lawfully overrides their DNCR registration, and You can provide evidence of such.
c. For any deceptive, misleading, fraudulent, harassing, threatening, abusive, discriminatory, or defamatory purpose, or to impersonate any person or entity.
d. To transmit any unlawful, offensive, obscene, or pornographic material.
e. In any way that violates the terms of service or acceptable use policies of Our underlying telecommunications or AI technology providers (e.g., Twilio, Retell.ai), as may be communicated to You.
f. To conduct calls related to illegal products or services, pyramid schemes, or other prohibited activities.
g. To make an excessive number of calls to any single number in a short period (call flooding) or engage in other practices that could be deemed a nuisance or harassment.
6.2. Transparent Corp reserves the right to review proposed call campaign purposes, scripts, or objectives and may, in its sole discretion, refuse to execute or continue any campaign it deems to be in violation of this Addendum, applicable law, or ethical standards, or that could harm Our reputation or that of Our providers. We may suspend or terminate Your access to the REVcaller Service for any violation of this Acceptable Use section.
7.1. Term: This REVcaller Addendum commences upon Your first payment for or use of the REVcaller Service and continues until terminated by either party as permitted herein or in the General Terms.
7.2. Termination by User: You may terminate Your use of the REVcaller Service at any time by providing written notice to Transparent Corp. Termination will be effective upon Our acknowledgment, but no refunds will be provided for unused pre-paid call packages/credits or setup fees, as per Clause 4.2.
7.3. Other termination rights and consequences are as per Clause 7 of the General Terms. Upon termination, Your right to use the Dedicated Number provisioned for the REVcaller Service will cease, and the number will be de-provisioned.
Your use of specific services provided by Transparent Corporation Pty Ltd is also governed by the relevant addendum listed below, which should be read in conjunction with these General Terms and Conditions and Our Privacy Policy.
Link to: AgentREV Service Terms Addendum (for Real Estate Agents)
https://transparentagent.com.au/terms-conditions-a1
Link to: REVcaller Service Terms Addendum
https://transparentagent.com.au/terms-conditions-a2
Link to: Marketing Services Terms Addendum (for Business Sellers)
https://transparentagent.com.au/terms-conditions-a3
Link to: Our Privacy Policy
https://transparentagent.com.au/privacy-policy