Terms of Service

Last updated: February 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the Sunaiva Talking Website Widget ("Service") operated by Sunaiva Digital Pty Ltd (ABN pending) ("we", "us", "our"). By subscribing to or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

Sunaiva provides an AI-powered voice widget that can be embedded on business websites. The widget enables real-time voice conversations between your website visitors and an AI assistant trained on your website content. The Service includes:

• AI voice assistant widget for website embedding
• Website content scraping and AI training for your specific business
• Call handling, lead capture, and visitor interaction management
• Analytics dashboard and call recordings

3. Subscription and Billing

The Service is offered on a monthly subscription basis. By subscribing, you authorise us to charge your nominated payment method on a recurring monthly cycle. Key billing terms:

• All prices are in US Dollars (USD) unless otherwise stated.
• Billing begins on the date of subscription and recurs monthly on the same date.
• You may cancel at any time. Cancellation takes effect at the end of your current billing period. No partial refunds are issued for unused portions of a billing cycle.
• We reserve the right to modify pricing with at least 30 days written notice via email. Continued use after the effective date constitutes acceptance of the new pricing.
• Payments are processed securely through Stripe. We do not store your full payment card details on our servers.

4. Website Data Processing

To provide the Service, we scrape and process content from your website to train your AI voice assistant. By using the Service, you:

• Grant us permission to access, crawl, and process publicly available content on the website URL(s) you provide.
• Confirm you have the authority to grant this permission for the website(s) submitted.
• Acknowledge that the AI assistant's responses are generated based on your website content and may not always be perfectly accurate.

5. Acceptable Use

You agree not to use the Service to:

• Distribute illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable content through your voice agent.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Engage in fraud, phishing, or any deceptive practices via the voice widget.
• Violate any applicable local, state, national, or international law or regulation.
• Interfere with or disrupt the Service or servers connected to the Service.
• Use the Service for unsolicited outbound calling or spam.

We reserve the right to suspend or terminate your account without notice if we determine, in our sole discretion, that you have violated these acceptable use terms.

6. Intellectual Property

The Service, including its software, design, and documentation, is owned by Sunaiva Digital Pty Ltd and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the Service for your business purposes. You retain ownership of your website content and business data.

7. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind, express or implied, including fitness for a particular purpose or merchantability.
• We do not guarantee that AI-generated responses will be accurate, complete, or error-free.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total aggregate liability arising from or relating to these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

8. Termination

Either party may terminate this agreement at any time. Upon termination:

• Your access to the Service will cease at the end of your current billing period.
• We will delete your account data within 30 days of termination, unless retention is required by law.
• Call recordings and analytics data will be deleted in accordance with our Privacy Policy.

9. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via email or through the Service dashboard at least 14 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

10. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

11. Contact

If you have questions about these Terms, contact us at:

Sunaiva Digital Pty Ltd
Email: support@sunaivadigital.com