Terms of Service

Last updated: 29 July 2026

1. Who these terms are between

These terms are between KiwiCalls (Riley James Thompson, trading as KiwiCalls — sole trader, NZBN 9429053824547) and you, the business using the service. They apply to businesses using KiwiCalls in trade. By using or paying for the service, you accept these terms.

2. A few definitions

Service — the KiwiCalls AI phone-answering service. Lead — a caller's details we capture and pass to you. Fees — your monthly subscription. Account — your KiwiCalls account.

3. What the Service is — and what it isn't

KiwiCalls answers your calls with an AI receptionist, captures the caller's details, and texts the lead to you so you can call the person back. We add to what our assistants can do over time; what your particular plan includes is what we've agreed with you. It is not an emergency service — nobody should rely on it to get urgent help. While we work hard to make it reliable, we don't guarantee that every call will be answered, understood, or captured perfectly.

4. Your account

You confirm you're a business with authority to agree to these terms, that the information you give us is accurate, and that you're responsible for keeping your account and login details secure.

5. Fees and billing

KiwiCalls is a flat monthly subscription — pick the plan that fits your call volume:

• Starter — NZ$50/month — up to 150 minutes of calls
• Standard — NZ$99/month — up to 300 minutes
• Busy — NZ$200/month — up to 600 minutes

Your plan renews automatically each month until you cancel. If you go over your plan's minutes, we don't hit you with a surprise charge — we let you know and move you up to the next plan from your next billing month. There's no setup fee. Prices are in New Zealand dollars; we are not currently GST-registered, so no GST is added (if that changes we'll show it on your invoices and tell you first). If a payment fails, we'll let you know and may pause the service until it's sorted.

6. Changes to fees or terms

We may change our prices or these terms on reasonable notice to you. If we do, you're free to cancel before the change takes effect — you'll never be locked into a change you didn't agree to.

7. Cancelling — no lock-in

Cancel any time. Cancellation takes effect at the end of your current billing month, and there's no exit fee. The current month isn't refunded, since the service was running — but you won't be charged again after that.

8. Your responsibilities

You'll give us accurate information, and you're responsible for the leads and phone numbers you handle. You'll make sure you have any consents needed for us to text leads on your behalf, and you'll meet your own obligations under the Unsolicited Electronic Messages Act and the Privacy Act.

9. Acceptable use

Use the Service lawfully. Don't use it to break telecommunications or messaging rules. We may suspend the Service if it's being misused.

10. Intellectual property

We own the KiwiCalls platform and everything in it. While you're subscribed, you get a limited, revocable, non-exclusive right to use it.

11. Your data

You own your data and your leads. We process them only to run the Service, as set out in our Privacy Policy. On cancellation you can ask for an export, and we handle deletion per that policy.

12. Availability and disclaimers

The Service is provided "as is" and "as available." It relies on third parties (Vapi, Twilio, AddressFinder, TNZ, Cloudflare, Stripe) and may have downtime or planned maintenance. We don't promise it will be uninterrupted or error-free.

13. Consumer law (business customers)

Because you're using KiwiCalls in trade, you agree that the Consumer Guarantees Act 1993 and the relevant provisions of the Fair Trading Act 1986 do not apply to this agreement, to the extent the law allows businesses to contract out. Both parties agree this is fair and reasonable and are contracting in writing.

14. Our liability

To the extent the law allows, our total liability to you is limited to the fees you've paid us in the previous 3 months, and we're not liable for indirect or consequential loss — including lost leads, lost business or lost profit. Nothing here limits liability that can't legally be limited.

15. Indemnity

You'll cover us for claims, losses or costs arising from your misuse of the Service, your breach of these terms, or the data and messages you cause to be sent through it.

16. Suspension and termination

We may suspend or end the Service for non-payment, breach, or legal risk, with notice where practical. On termination, your data is handled per §11 and our Privacy Policy.

17. Governing law

These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction.

18. Contact

Questions about these terms: hello@kiwicalls.co.nz.