Terms and Conditions

By engaging AI Point or using our services, you agree to these Terms. If you do not agree, please do not use our services.

1. Acceptance and Structure of the Agreement

By accessing or using our services you agree to be bound by:

• These Terms and Conditions
• Our Privacy Policy
• Any Proposal you have accepted
• Any Data Processing Agreement ("DPA") we have executed with you

Where an accepted Proposal or executed DPA conflicts with these Terms, that document prevails for that engagement.

2. Definitions

Channels means the outbound communication channels we operate, being email, LinkedIn, SMS and AI voice calling.

Client or you means the business engaging us.

Done-For-You means an engagement where we build and operate your outbound system on an ongoing basis.

Done-With-You means an engagement where we build your outbound system, integrate it with your stack, train your team, monitor performance for an agreed period, and hand it over for your team to operate.

Client Data means data, lists, content, brand assets and system access you provide to us.

Outbound System means the campaign infrastructure, workflows, sequences, targeting logic, prompts and integrations built for you under an engagement.

Proposal means the engagement document we issue setting out scope, channels, volumes, deliverables, timelines, fees and any engagement-specific terms. A Proposal becomes binding when you accept it in writing, including by email confirmation, electronic signature, or by paying the first invoice issued under it. Where an accepted Proposal is silent on a matter, these Terms apply.

Prospect means an individual we contact on your behalf.

Sourced Data means prospect data we identify, collect or enrich rather than receive from you.

3. Our Services

We provide:

3.1 AI Outbound Engine. Signal-based prospecting and omnichannel outreach, which may include:

• ICP definition and buying-signal research
• Account and contact data sourcing and enrichment
• Lead scoring and qualification
• Campaign copywriting, subject to your approval
• Outreach across email, LinkedIn, SMS and AI voice calling
• Meeting booking and nurture sequencing
• CRM integration, deliverability management and reporting

3.2 Engagement Models. The AI Outbound Engine is delivered as either Done-For-You or Done-With-You, as specified in your Proposal.

3.3 Training. Group and cohort-based training, including the AI Outbound Masterclass and AI Outbound Accelerator.

3.4 Consulting. CRM optimisation, sales workflow automation, and go-to-market advisory.

The specific services, channels, volumes, deliverables, timelines and fees for your engagement are set out in your Proposal. Not every channel applies to every engagement.

4. How Engagements Work

4.1 Approval gate. No outreach is sent without your prior approval. You approve the target audience, the messaging and the sequence for each channel before any campaign goes live. Material changes to approved messaging require fresh approval.

4.2 Your nominated approver. You must nominate at least one authorised representative empowered to approve campaigns, targeting and messaging on your behalf. We are entitled to rely on that person's approval.

4.3 Sending identity. Outreach may be sent from your domains, your LinkedIn accounts, phone numbers procured for the engagement, or infrastructure we operate on your behalf, as specified in the Proposal. You authorise us to send in your name and on your behalf within the approved scope.

4.4 Personas. Where a campaign uses a named sender persona, that persona must be a real person authorised by you, or must be clearly and accurately described. We will not create outreach identities that falsely claim to be a specific real individual without that individual's authorisation.

4.5 Scope changes. Changes to scope require written agreement and may affect fees and timelines.

4.6 Your cooperation. You agree to provide timely access to systems, data and personnel, respond to information requests within agreed timeframes, maintain your own backups, and give feedback on campaign performance.

5. Your Warranties and Responsibilities

You warrant and agree that:

• You have the legal authority to engage us to conduct outreach on your behalf
• Any Client Data you provide has been lawfully collected and you are entitled to provide it to us for the purposes of the engagement
• You have a lawful basis under the Privacy Act 1988 (Cth) and Spam Act 2003 (Cth) for the outreach you approve
• Your products, services and claims made in approved messaging are accurate and lawful
• You will maintain, and instruct us on, your do-not-contact and suppression requirements
• You will promptly tell us if a Prospect opts out, complains, or asserts a legal right through a channel we do not monitor
• You will comply with your obligations under the Australian Consumer Law in relation to any claims made in outreach

You are responsible for compliance obligations specific to your industry, including any regulatory restrictions on how your sector may market to prospects. We do not advise on industry-specific regulation.

6. Acceptable Use

You may not use our services to:

• Send unsolicited commercial messages in breach of the Spam Act 2003 (Cth)
• Contact individuals in breach of the Do Not Call Register Act 2006 (Cth)
• Collect or process personal information without a lawful basis
• Breach the terms of service of any third-party platform, including LinkedIn
• Engage in fraudulent, deceptive or misleading conduct
• Impersonate a real individual or organisation in a deceptive manner
• Harass, abuse, threaten or intimidate any person
• Market products or services that are unlawful in the recipient's jurisdiction
• Infringe intellectual property rights
• Interfere with the security or integrity of our systems, or transmit malicious code

Breach of this section may result in immediate suspension or termination without refund. We may also refuse or halt any campaign we reasonably consider unlawful, deceptive or reputationally damaging, and we may do so without notice.

7. Channel-Specific Terms

These terms apply in addition to the general terms above, for each channel used in your engagement.

7.1 Email

• Approved messaging must comply with the Spam Act 2003 (Cth), including accurate sender identification, valid contact details, and a functional unsubscribe facility in every commercial message
• Unsubscribe requests are actioned within five business days, and in practice as soon as processed
• Where we manage sending infrastructure, we will apply reasonable deliverability practices including domain warm-up, volume pacing and bounce management
• We do not guarantee inbox placement, deliverability rates, or that messages will not be filtered as spam
• You are responsible for the reputation of domains you own, and for any historical sending activity on those domains predating our engagement

7.2 LinkedIn

• LinkedIn outreach is conducted through your LinkedIn account or accounts, or accounts you authorise
• You warrant that your use of LinkedIn, and our use on your behalf, complies with LinkedIn's User Agreement and Professional Community Policies
• LinkedIn imposes connection, message and activity limits that change without notice, and may restrict or suspend accounts at its discretion
• We are not liable for restriction, suspension or permanent loss of any LinkedIn account, or for changes to LinkedIn's policies, functionality, pricing or API access
• LinkedIn data obtained during the engagement may not be re-scraped, re-sold, or combined with other datasets except as LinkedIn permits
• You must notify us immediately if LinkedIn contacts you regarding your account activity or issues any notice

7.3 SMS

• SMS is a commercial electronic message under the Spam Act 2003 (Cth). Every message we send on your behalf will identify the sender, include valid contact details, and include a functional opt-out instruction
• You warrant that you have a lawful basis to send commercial SMS to each contact, and that any consent relied upon is current and evidenced
• Opt-out requests, including replies such as STOP, are added to the suppression list and actioned within five business days
• SMS sender identification, number registration and short-code requirements vary by carrier and jurisdiction. Where registration is required, you are responsible for providing accurate registration information
• We will apply reasonable sending-hours restrictions consistent with Australian and New Zealand practice, and will not send commercial SMS outside those hours without your written instruction
• We do not guarantee delivery of any SMS. Carriers may filter, delay or block messages
• You are responsible for any carrier charges, number provisioning costs and per-message fees, unless the Proposal states these are included
• We are not liable for carrier filtering, number blocking, or regulatory action arising from messaging you have approved

7.4 AI Voice Calling

• AI voice agents may be used for outbound cold calling, lead qualification, meeting booking and follow-up, as specified in your Proposal
• Disclosure. Every AI voice agent we deploy will identify itself as an automated or AI assistant at the start of the call, and will identify the business it is calling on behalf of. We will not deploy voice agents that hold themselves out as human. This is a non-negotiable condition of the service
• Do Not Call Register. Where we place calls on your behalf to Australian numbers, we will wash the calling list against the Do Not Call Register before dialling and at intervals no less frequent than the register's currency requirements. Both the person who makes a call and the person who causes it to be made may bear liability under the Do Not Call Register Act 2006 (Cth). Responsibility for register washing is allocated in your Proposal. Where the Proposal is silent, we will perform the washing and you will reimburse the register access cost. Business numbers may be listed on the register, and we do not rely on B2B status as an exemption
• Recording. Where calls are recorded, the recording will be disclosed at the start of the call. You must not instruct us to record calls without disclosure
• Calling hours. Calls will be placed only within permitted calling hours for the recipient's jurisdiction under the Do Not Call Register Act and applicable telemarketing standards
• Escalation. Voice agents will transfer to a human contact, or take a callback request, where a recipient asks to speak to a person
• Limitations. Voice AI may misinterpret accents, speech patterns, background noise or context. It cannot handle all objections or complex scenarios. Call quality depends on telephony and third-party AI services outside our control
• Liability. Subject to section 17, we are not liable for lost opportunities arising from voice agent errors, for recipient complaints about receiving an AI call, or for reputational effects of outreach you have approved

7.5 Suppression and Opt-Out Across Channels

• We maintain a single suppression list per engagement. An opt-out received on any channel suppresses that individual across all channels operated for you, not only the channel on which it was received
• Suppression is applied within five business days of receipt and is permanent for the duration of the engagement
• On termination, we will provide you with the suppression list. You must continue to honour it
• You must provide us with any existing do-not-contact list, customer list or excluded-account list before campaign launch, and keep it current

8. Data Sourcing and Enrichment

8.1 Two scenarios. Prospect data used in your campaigns may be:

• Client-supplied: provided by you, in which case you warrant its lawful collection and your right to have us use it; or
• Sourced by us: identified, collected or enriched by us using commercially available data providers, public sources and buying-signal research.

8.2 Sourced Data. Where we source data, we do so on your behalf and for the purposes of your engagement. Sourced Data is drawn from commercially available data providers including Prospeo and Clay, from publicly available business information, and from business, industry and membership directories. We will not use a directory or data source where doing so would breach that source's terms of use, and we may decline to use a list or source you supply on that basis.

8.3 Accuracy. We do not guarantee the accuracy, currency or completeness of any prospect data, whether supplied by you or sourced by us. Data may contain outdated roles, duplicate records, invalid contact details or misattributed information.

8.4 Validation. Before wide deployment, campaigns are tested on limited batches and bounce and complaint rates are monitored. You will be informed of material data quality issues.

8.5 Liability. Subject to section 17, we are not liable for inaccurate third-party data, for regulatory action arising from outreach you have approved, or for bounce rates, complaint rates or platform restrictions attributable to data quality.

9. AI Outputs, Limitations and Automated Decisions

9.1 Nature of AI outputs. Copy, research summaries, scoring, recommendations and strategies generated with AI assistance are suggestions and insights, not professional advice. They are not legal, financial, tax, medical or compliance advice.

9.2 Limitations. You acknowledge that AI systems may produce inaccurate or fabricated information, may reflect bias present in training data, may produce inconsistent outputs across model versions, and may misread context or nuance.

9.3 Human oversight. All outbound messaging is reviewed by a human before approval and before sending. You are responsible for reviewing and approving messaging that carries your name.

9.4 Lead scoring and qualification. Where we apply automated scoring or qualification to prospect data, this ranks and prioritises prospects for outreach. It is a prioritisation tool, not a determination of any person's rights, entitlements or access to services. If you intend to use our outputs to make decisions that significantly affect individuals, you must tell us in advance, and you are responsible for ensuring your own compliance with the Privacy Act 1988 (Cth), including the automated decision-making transparency obligations commencing 10 December 2026.

9.5 Liability. Subject to section 17, we are not liable for discriminatory or biased outcomes arising from your use of AI outputs, or for regulatory consequences of decisions you make using them.

10. Intellectual Property and Handover

10.1 Our IP. Our methodologies, frameworks, prompt libraries, signal taxonomies, playbooks, training materials, templates and internal tooling remain our property. You may not copy, reverse-engineer, redistribute or resell them, or use them outside the scope of your engagement.

10.2 Your IP. You retain ownership of Client Data, your brand assets, your content and your customer records.

10.3 Campaign assets. On full payment, you own the campaign assets created specifically for you — approved outreach copy, sequences, your ICP definition, and your prospect and campaign data. We retain a licence to use anonymised and aggregated performance data to improve our services.

10.4 Done-With-You handover. Where your Proposal is for a Done-With-You engagement, on completion of the handover milestone and full payment, you receive:

• A perpetual, non-exclusive, non-transferable licence to operate the Outbound System built for you, within your own business
• Documentation, configuration and campaign assets required to run it
• Ownership of accounts and subscriptions held in your name

The handover licence does not permit you to resell the Outbound System, offer it as a service to third parties, or use our underlying methodologies to build a competing offering. Our IP under clause 10.1 is not transferred.

10.5 Training materials. Masterclass and Accelerator materials are licensed to the registered participant for internal use only, and may not be shared, reproduced or taught to third parties.

10.6 Case studies. We may reference your engagement and results in case studies and marketing only with your written consent, which may be withdrawn on 30 days notice.

11. Performance

11.1 What we commit to. We will perform the services with reasonable skill and care, in accordance with the Proposal, and will keep you informed of campaign performance through agreed reporting.

11.2 What we do not guarantee. We do not guarantee:

• Any specific number of booked meetings, qualified opportunities, replies or conversions
• Any specific reply rate, connection rate, answer rate or deliverability rate
• Revenue, pipeline value or return on investment
• That any particular prospect will be reachable or responsive
• Continued availability or functionality of any third-party channel or platform

Performance figures in proposals, case studies and marketing materials describe past results for other clients and are not forecasts or commitments for your engagement.

11.3 Timelines. Indicative timelines in your Proposal assume timely provision of access, data, approvals and feedback by you. Delays in your inputs shift delivery dates accordingly.

12. Fees and Payment

12.1 Fees. Fees are as set out in your Proposal or the applicable training listing. All fees are in Australian dollars and exclusive of GST and other applicable taxes unless stated otherwise.

12.2 Payment terms.

• Retainer engagements: invoiced monthly in advance, payable within seven days of invoice date unless your Proposal states otherwise
• Project engagements: as set out in your Proposal, typically 50% on commencement and 50% on completion, or against defined milestones
• Training: payable in full at time of registration

12.3 Third-party and pass-through costs. Unless your Proposal states that they are included, you are responsible for the cost of tooling, data credits, sending infrastructure, phone numbers, per-minute voice charges, per-message SMS charges and platform subscriptions used in your engagement. We will tell you in advance where these apply.

12.4 Late payment. If an invoice is not paid by its due date:

• Interest accrues on the overdue amount at 1.5% per month, calculated daily from the due date until payment in full
• We may suspend all services, including active campaigns, on seven days written notice
• Non-payment of an undisputed invoice is a material breach of this agreement
• You are liable for all reasonable costs of recovering the debt, including debt collection agency fees, legal costs and court costs, payable on demand in addition to the invoiced amount

12.5 Disputed invoices. If you dispute an invoice in good faith, you must notify us in writing within seven days of the invoice date, identifying the disputed items. Undisputed amounts remain payable on time.

12.6 Fee changes. We may change retainer fees on 60 days written notice, effective from the start of the next billing period.

13. Cancellation, Refunds and Termination

13.1 Retainer engagements. Either party may terminate a retainer engagement on 30 days written notice, effective at the end of a billing period. Fees for the notice period are payable.

13.2 Project engagements. You may cancel a project on 14 days written notice. Fees for work completed and for non-recoverable third-party commitments to the date of termination are payable.

13.3 Training refunds.

• Cohort programs, including the AI Outbound Accelerator: full refund if cancelled seven or more days before the start date; 50% refund within seven days of the start date; no refund after the program commences
• Live single sessions and masterclasses: full refund seven or more days before; 50% within seven days; no refund for non-attendance
• Recorded or self-paced material: refund within 14 days of purchase where less than 25% of the content has been accessed

13.4 Termination by us. We may suspend or terminate immediately for breach of section 6, for material breach not remedied within seven days of notice, or where required by law. We may terminate for non-payment on 15 days written notice.

13.5 Discontinuation of a service. If we discontinue a service you are using, we will give 30 days notice and offer a pro-rata refund or a migration period.

13.6 Effect of termination. On termination:

• Outstanding fees become immediately due
• Active campaigns cease and sending is halted
• We will provide your campaign data, prospect data and suppression list in a usable format within 14 days of request
• We will delete or return Client Data in accordance with our Privacy Policy and any DPA
• Sections 5, 6, 10, 14, 17, 18 and 20 survive termination

13.7 Refund processing. Approved refunds are processed within 14 business days to the original payment method.

14. Confidentiality

14.1 Mutual obligation. Each party will keep the other's confidential information confidential, use it only for the purposes of the engagement, and not disclose it without written consent.

14.2 Exceptions. These obligations do not apply to information that is publicly available other than through breach, was already lawfully known, is independently developed, or must be disclosed by law or court order.

14.3 Survival. Confidentiality obligations survive termination for three years. Obligations in respect of personal information survive indefinitely.

14.4 Audit. For data processing engagements you may, on 30 days notice and no more than once per year unless a breach is detected, request an audit of our data handling practices or evidence of our security controls. We may require an NDA, a reasonable schedule, and reimbursement of our reasonable costs for detailed audits.

15. Third-Party Platforms

15.1 Platforms we use. Delivery relies on third-party services including LinkedIn and LinkedIn Sales Navigator, email sending and deliverability platforms, LinkedIn automation platforms, data providers, AI and voice providers, telephony and SMS carriers, CRM platforms and cloud infrastructure. A current list is maintained in our Privacy Policy.

15.2 Our approach. We exercise reasonable care in selecting and monitoring vendors, and seek data protection commitments in vendor contracts.

15.3 Limits. We have no control over third-party availability, security, pricing, policies or functionality. Subject to section 17, we are not liable for third-party outages, breaches, policy changes, functionality changes or account restrictions.

15.4 Material unavailability. If a platform essential to your engagement becomes permanently unavailable and no reasonable substitute exists, either party may terminate the affected scope with a pro-rata refund of prepaid fees.

16. Warranties and Disclaimers

16.1 We warrant that we will perform the services with reasonable skill and care, that we have the right to provide them, and that we will comply with applicable Australian laws in our performance.

16.2 Otherwise, to the extent permitted by law, services are provided as is. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant uninterrupted, error-free or secure operation.

16.3 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

17. Limitation of Liability

17.1 Cap. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the services is limited to:

• For retainer engagements: the fees paid by you in the 12 months preceding the event giving rise to the claim
• For project engagements: the total fees paid for that project
• For training: the amount paid for that program

17.2 Excluded loss. To the extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, loss of profits, revenue, business, goodwill or anticipated savings, loss of data, business interruption, or third-party claims.

17.3 Consumer guarantees. Where our liability for a failure to comply with a consumer guarantee cannot be excluded, our liability is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied.

18. Indemnity

You indemnify us, our directors, employees and contractors against claims, losses, penalties and reasonable costs arising from:

• Your breach of these Terms, including sections 5 and 6
• Outreach content, targeting or channels you have approved
• Client Data you provide to us, and any lack of lawful basis for its use
• Your instructions that we have followed
• Your use of campaign outputs, prospect data or the Outbound System after handover
• Your breach of the Privacy Act 1988 (Cth), Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth) or Australian Consumer Law
• Your breach of any third-party platform terms

This indemnity does not apply to the extent the claim arises from our own breach, negligence or wilful misconduct.

19. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy. Where we handle personal information on your behalf, we will execute a Data Processing Agreement setting out scope, security measures, retention, deletion, sub-processors and each party's obligations.

20. Dispute Resolution

20.1 The parties will first attempt to resolve any dispute through good-faith discussion between senior representatives.

20.2 If unresolved within 21 days, the parties will attempt mediation in Sydney, New South Wales, each bearing its own costs and sharing the mediator's fees equally.

20.3 If mediation does not resolve the dispute, either party may commence proceedings in the courts of New South Wales.

20.4 Nothing in this section prevents either party from seeking urgent injunctive relief.

21. General

21.1 Entire agreement. These Terms, the Privacy Policy, and any accepted Proposal or executed DPA constitute the entire agreement between the parties.

21.2 Amendments. We may update these Terms. Material changes will be notified by email or on our website at least 30 days before taking effect for existing clients. Continued use after that date constitutes acceptance.

21.3 Severability. If any provision is unenforceable, the remainder continues in full effect.

21.4 Waiver. Failure to enforce a provision is not a waiver of it.

21.5 Assignment. You may not assign without our written consent. We may assign on reasonable notice.

21.6 Subcontracting. We may engage subcontractors, and remain responsible for their performance and for their compliance with confidentiality and privacy obligations.

21.7 Force majeure. Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, industrial action, pandemic, or failure of internet, telephony or utility infrastructure.

21.8 No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship, except that we act as your authorised agent for the limited purpose of sending approved outreach on your behalf.

21.9 Notices. Notices must be in writing and sent to the contact addresses recorded in the Proposal, or to us via aipoint.io/contact.

22. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

AI Point Pty Ltd | ABN 32 667 971 388