Aiiva Terms and Privacy
Last updated: 25 July 2025
This single document contains our Terms and Conditions and our Privacy Policy. It is written for Australian businesses and individuals and is intended to comply with the Privacy Act 1988 and the Australian Privacy Principles (APPs).
PART A - TERMS AND CONDITIONS
1. Who we are
Shaan Subramaniam trading as Aiiva ABN 54 037 667 756 of Perth WA 6003 provides white-label AI reception, chat, voice and automation software and implementation services for business customers in Australia. References to Aiiva, we, us or our mean Shaan Subramaniam trading as Aiiva. Contact: support@aiiva.com.au.
2. Agreement
By creating an account, signing a proposal, paying an invoice or using our products or services, you agree to these Terms. If you use Aiiva on behalf of a company, you confirm you are authorised to bind that company. If you do not agree, do not use Aiiva.
3. Services
Platform access for AI voice, chat and workflow automation, delivered through our own tooling and selected third-party providers. Implementation, configuration, training and support as set out in your plan or statement of work. Telephony, call recording, transcription, SMS and email delivery through integrated carriers and providers.
We may update features, interfaces and integrations. If a change materially reduces core functionality for a paid plan, we will give reasonable notice and options.
4. Accounts and eligibility
You must keep your login credentials secure and ensure your users follow these Terms. You are responsible for activity under your account, including content submitted by your end users. You must be at least 18 years old to hold an account.
5. Customer content and data
You retain all rights in your Customer Content, including recordings, transcripts, chat logs, contact lists and knowledge base materials. You grant us and our subprocessors a limited licence to process Customer Content only to provide, secure and support the services, to comply with law and to improve quality and reliability. We do not sell Customer Content. If you need a Data Processing Addendum for APP and overseas disclosures, ask us. Our standard DPA forms part of these Terms when executed.
6. Plans, fees and billing
Plans: Basic, Growth and Pro as published, or as agreed in writing. Pricing is per account per month unless stated otherwise. Usage tiers may apply for voice minutes, messages and storage. Fair use applies to any unlimited items. Trial model: we take a valid card at sign-up, deliver a draft agent in 4 days, then you have 7 days to review. The first monthly fee is charged only if you proceed. No lock-in contract. Cancel any time before the charge to avoid fees. Invoices are payable on receipt. Late amounts may be suspended after 7 days overdue. Government taxes are additional where applicable.
7. Acceptable use
You must not use Aiiva to break the law, infringe rights, harass or deceive people, send spam, or distribute malware. You must follow telemarketing, spam and privacy laws including the Spam Act 2003, the Do Not Call Register Act 2006 and any carrier rules. You are responsible for collecting and honouring required consents for call recording and messaging.
8. Third-party services and carriers
The platform relies on third-party hosting, telephony, email, SMS and AI model providers. Their terms apply in addition to ours. We are not responsible for outages or changes by those providers, but we will use reasonable efforts to switch or mitigate if a provider issue impacts you.
9. Service level, support and changes
We provide commercially reasonable uptime and support. Planned maintenance will be scheduled where possible outside business hours. We may modify or discontinue non-core features at any time. For material changes, we will give notice.
10. Security
We use administrative, technical and physical safeguards that are appropriate to the risks of our services. You are responsible for your own device and network security, user access controls and data exported from the platform.
11. Confidentiality
Each party must keep the other party’s non-public information confidential and use it only to perform under these Terms. This does not restrict disclosures required by law.
12. Intellectual property
Aiiva materials, including software, documentation, templates and branding, are our IP. You receive a non-exclusive licence to use them during your subscription. You must not copy, reverse engineer or resell our IP except as agreed for white-label branding.
13. Health and sensitive data
If you configure Aiiva to handle health or other sensitive information, you must ensure your workflows, prompts and data retention settings are suitable for your compliance needs. You must provide legally required notices and obtain consents from your clients. We act as your service provider.
14. Limitation of liability
To the maximum extent permitted by law, we exclude all implied warranties and limit any liability to you that cannot be excluded under the Australian Consumer Law to, at our option, resupplying the services or paying the cost of resupply. We are not liable for lost profits, loss of data, or indirect or consequential loss. Our aggregate liability in any 12 month period is capped at the fees you paid to us in that period.
15. Indemnity
You indemnify us from claims and costs arising from your unlawful use of the services, your content, or your breach of these Terms or law.
16. Suspension and termination
You can cancel at any time in the billing portal or by written notice. We can suspend or terminate for material breach or unlawful use. On termination, you can export your data for 30 days, after which we may delete it.
17. Australian Consumer Law
Nothing in these Terms limits your rights under the Australian Consumer Law. If our services are not supplied with due care and skill, you may be entitled to a remedy.
18. Governing law
These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction.
19. Changes to these Terms
We may update these Terms. We will post the new version with the effective date. Continued use after the effective date means you accept the changes.
PART B - PRIVACY POLICY (APP COMPLIANT)
1. Scope
This policy explains how we manage personal information under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. It applies to:
Visitors to our websites and pages. Business customers and their users. Individuals who interact with our customers’ assistants by phone, SMS, chat, email or web forms. For this data we act as a service provider processing on our customer’s instructions.
We review this policy and our privacy management practices annually to ensure ongoing compliance with the Privacy Act 1988 and the APPs.
2. The kinds of personal information we collect
Identity and contact data such as name, email, phone, address, job title and business name. Account and billing data such as plan, invoices and payment status. Card details are handled by our payment processor. Communications and content such as call audio, transcripts, voicemails, chat logs, emails and files you upload for configuration or support. Technical data such as IP address, device and browser, pages viewed, session logs and cookie identifiers. Sensitive information only where you or our customer choose to collect it, for example health or appointment details for a clinic. We do not seek to collect sensitive information by default.
3. How we collect personal information
Directly from you when you sign up, contact us or use our services. Automatically when you visit our sites or use the platform, including through cookies and analytics. From our customers who upload or connect data to configure their account. From integrations that you or our customer connect, such as calendars, booking platforms, telephony and messaging providers.
4. Why we collect, use and disclose personal information
We use personal information to:
Provide, operate and support our platform and services. Configure and improve assistants, routing and automations. Record and transcribe calls and messages with consent where required. Communicate with you about your account and provide support. Monitor, detect and prevent fraud, abuse and security incidents. Send marketing communications that you can opt out of at any time. Comply with law and enforce our terms. We will not use or disclose personal information for a secondary purpose unless permitted by the APPs, for example with consent or where an exception applies.
Before or at the time we collect information, we provide a short notice such as:
"By continuing, you agree to Aiiva’s Privacy Policy and consent to your information being processed and stored securely. Information may be processed overseas by our hosting providers."
5. Anonymity and pseudonymity
Where lawful and practicable, you may interact with us anonymously or using a pseudonym. Certain services require identity details.
6. Unsolicited personal information
If we receive personal information we did not ask for, we will decide whether we could have collected it under the APPs. If not, and it is lawful and reasonable, we will destroy or de-identify it.
7. Direct marketing
We may use your contact details to send you marketing about our services. You can opt out at any time by using the unsubscribe link or contacting us. We do not use sensitive information for marketing without consent.
8. Overseas disclosures and data hosting
Our platform is hosted on Google Cloud Platform (GCP) and Amazon Web Services (AWS). Both providers maintain industry-standard certifications such as ISO 27001 and SOC 2. We and our subprocessors may store or access personal information outside Australia, including in the United States, the European Union, the United Kingdom and other locations where our providers operate.
Before disclosing personal information overseas, we take reasonable steps to ensure the recipient will handle it consistently with the APPs —for example by using contracts that require APP-equivalent protection and by selecting reputable providers with appropriate safeguards. We require overseas recipients to comply with privacy and security standards equivalent to the Australian Privacy Principles.
9. Security
We use administrative, technical and physical measures appropriate to the nature of the information and the risks, including access controls, encryption in transit and at rest, network security, staff training and regular permission reviews. Two-factor authentication is enabled for administrative access. No system is perfectly secure, and you are responsible for the security of your own devices, networks and passwords.
10. Data quality
We take reasonable steps to ensure personal information we hold is accurate, up-to-date and complete. You can help by keeping your account details current.
11. Access and correction
You can request access to or correction of the personal information we hold about you by emailing privacy@aiiva.com.au. We will respond within a reasonable time, usually within 30 days, and may need to verify your identity. If we refuse access or correction as allowed by law, we will tell you why.
12. Cookies and analytics
We use cookies and similar technologies for functionality, analytics and, for our own visitors, marketing. You can control cookies through your browser settings; some features may not work if disabled. We do not place tracking cookies in customer content unless a customer requests it.
13. Children
Our services are designed for business users. We do not knowingly collect personal information from children under 16 without appropriate consent.
14. AI features and model providers
We use third-party AI services for speech recognition, text-to-speech and language processing. These providers process content only to return results. Unless you or our customer opt in, we instruct providers not to use Customer Content to train their models. All AI-generated responses are based on approved knowledge sources and are reviewed periodically to ensure accuracy and relevance. Users are informed when interacting with AI. Provider-specific data handling terms may apply; ask us for details.
15. Data retention and deletion
We retain personal information for as long as needed to provide the services and for legitimate business or legal purposes, then delete or de-identify it. Customers can control retention of recordings, transcripts and logs in their account or by written request. On termination, customers can export data for 30 days before routine deletion.
16. Government identifiers
We do not use government-related identifiers, such as Medicare or driver licence numbers, as our own identifiers.
17. How to make a privacy complaint
If you have a concern, contact privacy@aiiva.com.au and tell us what happened and what you would like us to do. We will investigate and respond, usually within 30 days. If you are not satisfied, you can contact the Office of the Australian Information Commissioner (OAIC): Phone 1300 363 992 Website oaic.gov.au Address GPO Box 5218 Sydney NSW 2001.
18. Changes to this policy
We may update this policy and will post the updated version with the new date. If changes are material, we will take reasonable steps to notify you.
19. Contact us
For privacy queries or requests: privacy@aiiva.com.au
For support: support@aiiva.com.au
Postal address: Perth WA 6003
