Terms & Conditions

Last Updated: August 15, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the websites, including https://sunburstdigital.ai/ and any successor URLs (the “Sites”), the companion mobile applications (the “Apps”), and any and all related software, documentation, AI team members, integrations (e.g., Twilio for calls/SMS, GoHighLevel for CRM, Lead Indicator for voice IVR, OpenAI for processing, Make.com for automations), and online, mobile-enabled, and/or digital services (collectively, including the Sites and the Apps, the “Service”) provided by Sunburst Digital AI Pty Ltd (“Sunburst,” “we,” “our,” or “us”).

By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Policy (as further described in Section 7).

Sunburst reserves the right to modify these Terms and will provide notice of such changes as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service, whether as individuals or entities (collectively, “Users,” “you,” or “your”).

Please Read Carefully. These Terms Contain:

This requires exclusive use of binding arbitration in Perth, WA, under Australian law. You expressly waive your right to seek relief in court or to participate in any class action.

This is a binding contract under Australian law. If you do not agree, cease use immediately.

1. Definitions

  • Services: AI team members for Real Estate, Trades, and Brokers (Mortgage · Finance · Insurance) — voice IVR replacement, omni-channel messaging, memory buffers, lead qualification, bookings, site scraping, reminders, alerts; websites; integrations; calls/chats.
  • User Data: Any data you provide/submit (e.g., leads, CRM info, calendar data).
  • Trial: 14-day free period — full access, no obligations.
  • Agreement: These Terms and Conditions.
  • Client: The person and/or business accepting these Terms.
  • Authorisation: Acceptance via online portal, payment, or signing.
  • Business Day: Any day not a Saturday, Sunday, or public holiday in Western Australia.
  • Fees: The Price together with any Additional Charges.
  • Bug: Any lack of function in the Services due to coding or design error by Sunburst.
  • Training: Instruction in Service operation.
  • Website: Your website hosted or managed under this Agreement.
  • Scope: Document describing Services.
  • Reasonable Time Frame: Varies by scope; extended by client delays.
  • Intellectual Property: Copyright, patents, trademarks, designs, domain names.
  • Confidential Information: Information identified as confidential or reasonably so.
  • Price: Fees outlined in pricing structure.

2. Eligibility & Accounts

  • Must be 18+ to use.
  • Provide accurate registration info; liable for account activity.
  • We may suspend for violations, without refund.
  • Entity accounts: License limited to named Authorised Users.
  • Notify us immediately of unauthorised use.
  • We are not liable for losses from unauthorised use.

3. Services & Limitations

  • Description: AI for Real Estate, Trades, and Brokers (Mortgage · Finance · Insurance) — omni-channel handling, property/booking matching, emergency flows, qualification, CRM sync.
  • No Guarantees: Provided “as is.” AI may misinterpret data.
  • Outages: Not liable for downtime (third parties like Twilio/OpenAI). Force majeure applies.
  • Bugs: Must be notified in writing within 60 days.
  • No liability for data loss, business interruption, or consequential damages.

4. Trial Period

  • 14-day Trial: Full features, no charge.
  • Ends automatically. Continued use = full billing.
  • No refunds/claims for losses during/after Trial.

5. Payments & Billing

  • Plans: Per pricing (Solo $785/mo, Multi $987/mo, Real Estate $895/mo).
  • 12-month minimum; auto-renew.
  • Direct Debit: Mandatory via Stripe.
  • Non-Payment: Suspension, $100 reactivation, 1.5% interest.
  • Usage Fees: Passed at cost (Twilio/OpenAI).
  • Taxes: You pay (GST etc).
  • Additional charges: Work beyond scope = $195/hour + GST.
  • Auto-renew unless cancelled with 30 days’ notice.

6. User Obligations & Indemnity

  • Compliance: Must comply with laws (Spam Act, Privacy Act).
  • Data: You grant us license to process User Data.
  • Prohibitions: No illegal use, reverse-engineering, scraping our Service.
  • Indemnity: You indemnify us against claims/losses, unlimited.

7. Data & Intellectual Property

  • We own all IP. You are licensed to use Services.
  • We apply security (encryption, testing).
  • You are responsible for consent of your data collection.

8. Limitation of Liability

  • No liability for indirect/consequential damages.
  • Liability capped at fees paid in prior month.
  • Aggregate liability capped at 35% of Price + Additional Charges.

9. Termination

  • We may terminate for non-payment.
  • Early termination = 50% of remaining contract due.
  • Data deleted after 30 days.

10. Dispute Resolution

  • Governed by WA law.
  • Arbitration in Perth (Australian Disputes Centre).
  • No class actions. Prevailing party recovers costs.

11. Miscellaneous

  • Force Majeure applies.
  • Severability: Invalid clauses don’t void rest.
  • Entire Agreement.
  • Business Relationship: We may cease if abuse occurs.
  • Contact: dave@sunburstdigital.com.au

By Using, You Agree.