Terms of Service

Effective day 07.01.25

Welcome to Operator. These Terms of Service ("Terms") govern your access to and use of the websites, platforms, applications, AI voice answering services and related services (collectively, the "Service") provided by Operator Platform Pty Ltd (ACN 686101440), an Australian company registered in Victoria ("Company," "we," "us," or "our").

By accessing or using the Service, creating an account, or clicking a button indicating your acceptance, you agree to be bound by these Terms and our Privacy Policy (https://heyoperator.com/privacy), which is incorporated herein by reference and forms an integral part of this Agreement. If you are using the Service on behalf of an organisation or entity ("Organisation"), then you are agreeing to these Terms on behalf of that Organisation, and you represent and warrant that you have the authority to bind the Organisation to these Terms. In that case, "you" and "your" refer to that Organisation.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING CALL RECORDING CONSENT LAWS AND EXPORT CONTROLS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Service Description

Operator provides an AI-powered voice answering service designed to handle inbound phone calls for businesses. Key features may include, but are not limited to, answering calls, transcribing conversations, generating summaries, categorising calls, integrating with certain third-party calendars or CRMs (as available), and providing notifications.

The specific features, functionalities, and limitations (such as supported languages, currently English only, supported phone number types, currently local numbers only, and potential usage caps) available to you depend on your subscription plan and are further described within the Service documentation or on our website ("Website"). We reserve the right to modify the Service from time to time. We will provide reasonable notice of material changes to the Service where practicable. We may suspend or discontinue the Service (or any part thereof) as outlined in Section 15.

2. Licence Grant

Subject to your compliance with these Terms, including payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable licence during the term of your subscription to access and use the Service solely for your internal business operations and not for resale, redistribution, or service bureau purposes, in accordance with the documentation and any usage limits associated with your plan.

3. Account Registration and Use

Eligibility: You must be at least 18 years old and capable of forming a binding contract to use the Service. By agreeing to these Terms, you represent and warrant that you meet these requirements.

Account Creation: You must register for an account to access the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

Account Security: You are responsible for safeguarding your account password and any other credentials used to access the Service. You are solely responsible for all activities that occur under your account, whether or not you authorised them. You must notify us immediately of any unauthorised use of your account.

Account Roles: If the Service permits, you may designate different user roles (e.g., administrators, members) within your Organisation's account. The account administrator is responsible for managing user access and permissions. All users associated with your account must comply with these Terms.

4. Fees, Payment, and Trials

Subscription Plans: The Service is offered under various subscription plans, detailed on our Website. Fees are based on the plan you select and your usage of the Service (e.g., number of calls answered).

Billing: You agree to pay all applicable fees associated with your chosen plan and any usage-based charges, including overage fees if you exceed your plan's limits. Fees are typically billed in advance on a recurring basis (e.g., monthly or annually) unless otherwise specified. All fees are quoted in USD unless otherwise stated.

Payment: You must provide valid and current payment information (e.g., credit card). You authorise us (or our third-party payment processor, e.g., Stripe) to charge your payment method for all applicable fees. You are responsible for keeping your payment information up-to-date.

Overage Fees: If your usage exceeds the limits of your selected plan, you will be charged overage fees as specified on our Website or in your plan details. Consistent usage exceeding plan limits may require an upgrade or, following notice, result in service degradation or suspension as outlined in Section 15.

Free Trials & Promotions: We may offer free trials or promotional offers. These are subject to these Terms and any additional terms presented at the time of the offer. We reserve the right to modify or terminate trials or promotions at any time. At the end of a trial period, your access may be limited, or you may be automatically converted to a paid plan unless you cancel beforehand.

No Refunds: Fees paid are non-refundable. If you cancel your subscription mid-term, you will not receive a refund or credit for any partial subscription period or unused portion of the Service. This policy does not limit or exclude any rights or remedies you may have under the Australian Consumer Law (ACL) in relation to major failures or other breaches of consumer guarantees (see Section 12.4).

Taxes: Fees do not include taxes. You are responsible for paying all applicable taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any jurisdiction (collectively, "Taxes").

Price Changes: We reserve the right to change our subscription fees upon reasonable notice (e.g., by posting on our Website or emailing you). Price changes will typically take effect at the start of the next subscription period following the notice date.

5. User Responsibilities & Acceptable Use

Compliance with Laws: You agree to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations. This includes, but is not limited to, laws related to privacy, data protection, intellectual property, telecommunications, and export controls.

Call Recording Consent: YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS REGARDING THE RECORDING OF TELEPHONE CALLS, INCLUDING OBTAINING ANY NECESSARY CONSENT FROM CALLERS BEFORE RECORDING. The Service may provide features to assist with notification (e.g., configurable announcements like "This call may be recorded"), but using these features does not guarantee compliance, nor does it create any obligation for the Company to ensure such compliance. You must ensure your use of the call recording features is lawful in all relevant jurisdictions. We disclaim all liability for your failure to comply with call recording laws.

Acceptable Use Policy (AUP): You agree not to (and not to allow any third party to):

Use the Service for any illegal, fraudulent, harassing, threatening, or abusive purpose.

Use the Service to violate any applicable laws, including telemarketing, spam, or privacy laws (e.g., TCPA, CAN-SPAM, Australian Spam Act).

Use the Service to handle or attempt to handle emergency calls (e.g., 000, 911, 112). The Service is not designed or intended for emergency call handling.

Use the Service in connection with highly sensitive industries or data unless explicitly permitted by us in writing and subject to additional terms (e.g., healthcare subject to HIPAA, financial services). Currently, use for these purposes is prohibited.

Transmit, record, or generate any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of a third party.

Use the Service for deceptive practices, including misrepresenting your identity or the purpose of a call, or creating synthetic voices or "voice clones" without explicit consent.

Interfere with or disrupt the integrity or performance of the Service or its components, including the networks or systems of our third-party providers, or engage in usage patterns that degrade service performance for other users (even if within numerical plan limits).

Attempt to gain unauthorised access to the Service or its related systems or networks.

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure, ideas, or algorithms of the Service, except as permitted by law.

Perform any benchmark tests, vulnerability assessments, or competitive analysis of the Service without our prior written consent.

Resell, sublicense, lease, rent, or otherwise make the Service available to third parties without our express written permission.

Use the Service to build a competitive product or service, or copy any features, functions, or graphics of the Service.

Overload, flood, spam, or otherwise impose an unreasonable burden on the Service infrastructure.

Content Responsibility: You are solely responsible for all data, information, text, recordings, transcripts, configurations, and other materials that you or your callers provide, generate, or process through the Service ("User Content").

6. Content Ownership and Licenses

User Content: As between you and the Company, you retain ownership of your User Content. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to access, use, process, copy, distribute, perform, export, and display User Content:

Solely to the extent necessary to provide, maintain, secure, and update the Service for you;

To prevent or address service, security, support, or technical issues;

As required by law or permitted by the Privacy Policy.

Aggregated Anonymous Data & AI Training: You also grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate User Content into aggregated and anonymised datasets for the purposes of analytics, service improvement, industry benchmarking, developing new products or services, and to improve the underlying algorithms and models powering the Service generally. Provided always that such data is aggregated and anonymised such that it cannot identify you, your Organisation, or any individual natural person, and its use complies with applicable law and our Privacy Policy.

Service Content: The Service itself, including its underlying software, algorithms, interfaces, "look and feel" (e.g., text, graphics, images, logos), proprietary content, information, and other materials provided by the Company (excluding User Content), are protected by copyright, trademark, and other intellectual property laws ("Service Content"). The Company and its licensors own all right, title, and interest in and to the Service Content. You may not use the Service Content except as permitted under these Terms via the licence granted in Section 2.

Feedback: If you provide us with any suggestions, comments, ideas, improvements, or other feedback relating to the Service ("Feedback"), you acknowledge that such Feedback is provided voluntarily, without restriction, and is not your Confidential Information. You hereby grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license (with the right to sublicense) to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit any Feedback in any manner, without any obligation or compensation to you. You further agree that the Company obtains full ownership rights, including all intellectual property rights, in and to any developments or improvements based on such Feedback.

7. Third-Party Services and Integrations

The Service relies on and may integrate with various third-party services, APIs, and platforms ("Third-Party Services"), including but not limited to telephony providers, AI service providers, speech-to-text services, voice synthesis services, and payment processors (examples of which may be listed in our documentation or Privacy Policy).

Your use of these Third-Party Services may be subject to their respective terms and conditions and privacy policies. We are not responsible for the operation, availability, security, or data handling practices of Third-Party Services, nor for any actions taken or content provided by them. Any integration with a Third-Party Service does not imply our endorsement. We do not guarantee the continued availability or compatibility of any Third-Party Service integrations. Further details regarding key sub-processors may be described in our Privacy Policy.

8. Subcontractors

You acknowledge and agree that the Company may use subcontractors, including its affiliates and the Third-Party Service providers mentioned in Section 7, to provide parts of the Service. The Company remains responsible for the performance of its subcontractors and their compliance with the relevant obligations under these Terms (including confidentiality and data protection), subject always to the limitations and exclusions of liability set out in these Terms.

9. AI Features and Disclaimers

The Service utilises artificial intelligence (AI) and machine learning technologies to provide features like transcription, summarisation, call categorisation, and automated responses or actions. You acknowledge and agree that:

AI Outputs are Probabilistic: AI-generated content (transcripts, summaries, categorisations, responses, actions) is generated through complex algorithms and may contain errors, inaccuracies, omissions, or "hallucinations" (fabricated information).

No Guarantee of Accuracy: WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY AI-GENERATED CONTENT OR ACTIONS.

User Verification Required: You are solely responsible for reviewing and verifying the accuracy and appropriateness of all AI-generated outputs before relying on them or taking action based on them. Do not rely on the Service for critical decisions without independent verification.

No Liability for AI Errors: We disclaim all liability for any errors, inaccuracies, or failures of the AI features, including but not limited to incorrect transcriptions, missed information, inaccurate summaries, incorrect categorisation, failed lead capture, or improper automated actions.

10. Data Handling and Privacy

Your use of the Service is subject to our Privacy Policy (https://heyoperator.com/privacy), which is incorporated by reference and details how we collect, use, store, share, and protect your personal information and User Content (including caller data). You agree to the practices described in our Privacy Policy and warrant that you have obtained all necessary rights, consents, and provided all necessary notices (including from callers) to allow the Company to process User Content as described in these Terms and the Privacy Policy. Key aspects covered in the Privacy Policy include:

Types of data collected (User and Caller data)

Purposes of data use (Service provision, improvement, etc.)

Human review practices and safeguards

Our use of third-party service providers (sub-processors)

Data security measures

Data retention periods

Cross-border data transfer practices and safeguards

User rights regarding their data

11. Confidentiality

"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes your User Content. Our Confidential Information includes the non-public aspects of the Service and its underlying technology. Confidential Information excludes information that (a) is or becomes publicly known without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.

The Receiving Party agrees to: (i) protect the Disclosing Party's Confidential Information with the same degree of care it uses to protect its own confidential information of like kind (but no less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement; and (iii) except as otherwise authorised by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

The Receiving Party may disclose Confidential Information of the Disclosing Party if required by law or court order, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

12. Warranties and Disclaimers

"As-Is" Service: EXCEPT AS EXPRESSLY PROVIDED HEREIN OR REQUIRED BY NON-EXCLUDABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Guarantee of Performance: THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS, INCLUDING THE INTERNET.

Disclaimer for Third-Party Services: WE DISCLAIM ALL WARRANTIES AND LIABILITIES RELATED TO THE PERFORMANCE, AVAILABILITY, SECURITY, OR DATA HANDLING OF ANY THIRD-PARTY SERVICES. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK.

Australian Consumer Law (ACL): If you are a "consumer" or a "small business" eligible for protection under the ACL, the Service comes with guarantees that cannot be excluded under the ACL. For major failures with the service, you may be entitled to remedies including cancelling your service contract with us and obtaining a refund for the unused portion or compensation for its reduced value. You may also be entitled to compensation for other reasonably foreseeable loss or damage. For failures that do not amount to a major failure, you may be entitled to have the failure rectified in a reasonable time, and if this is not done, to cancel your contract and obtain a refund for the unused portion. Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the ACL, which cannot be limited or excluded.

13. Limitation of Liability

Exclusion of Indirect Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

Cap on Direct Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Basis of Bargain: The limitations of liability set forth above are fundamental elements of the basis of the bargain between you and the Company and apply notwithstanding any failure of the essential purpose of any limited remedy.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including your representations and warranties; (c) your violation of any third-party right, including without limitation any right of privacy, publicity, or intellectual property; (d) your violation of any applicable law, rule, or regulation, including your failure to obtain necessary consents (such as call recording consents) or provide required notices; or (e) any User Content originating from your account.

15. Term, Termination, and Suspension

Term: These Terms commence on the date you first accept them and continue until your subscription expires or is terminated as set forth herein.

Termination by You: You may terminate your account and these Terms at any time by following the cancellation procedures within the Service settings or by providing written notice to us. Termination will be effective at the end of your current billing cycle, subject to Section 4.6 (No Refunds, except as required by ACL).

Termination by Company:

For Cause: We may terminate these Terms and your access to the Service immediately upon notice if: (i) you materially breach these Terms (including the AUP) and fail to cure such breach within seven (7) days of notice (or immediately if the breach is incapable of cure); (ii) you breach your payment obligations and fail to cure within the period specified in Section 15.4; (iii) your use of the Service poses a security risk, violates the law, infringes third-party rights, or harms the Service or others; (iv) required by law or governmental authority; or (v) you cease business operations or become subject to insolvency proceedings.

For Convenience: We may choose not to renew your subscription by providing you with at least thirty (30) days' written notice prior to the end of your then-current subscription term.

Suspension Rights: We reserve the right to suspend your access to the Service (in whole or in part) immediately, without prior notice:

If we reasonably suspect a violation of the Acceptable Use Policy (Section 5.3), illegal activity, actions posing a security risk to the Service, the Company, or third parties, or usage patterns that significantly degrade or interfere with the performance of the Service for other users.

For non-payment of fees. We will typically provide notice and a cure period of thirty (30) days before suspending for non-payment, unless payment is significantly overdue or there is a pattern of late payment.

If required by law or governmental authority.

We will generally provide notice of suspension where practicable and work with you in good faith to resolve the issue leading to suspension. Suspension does not relieve you of your obligation to pay fees accrued prior to or during the suspension period.

Effect of Termination: Upon termination: (a) the licence granted in Section 2 ceases immediately; (b) your right to access and use the Service ceases immediately; (c) you must pay any outstanding fees owed up to the effective date of termination (as per Section 4); (d) we may delete your account and associated User Content according to our data retention policies outlined in the Privacy Policy, unless legally prohibited. The following Sections shall survive termination: 4 (Fees - outstanding payment obligations), 5 (User Content Responsibility), 6 (Content Ownership/Licenses - specifically Aggregated Data and Feedback rights), 8 (Subcontractors - responsibility aspect, subject to limitations), 9 (AI Disclaimers), 10 (Data/Privacy References), 11 (Confidentiality), 12 (Warranties/Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15.5 (Effect of Termination), 16 (Dispute Resolution), 18 (General Provisions, including Publicity and Export Controls), and any other provisions which by their nature should survive.

16. Dispute Resolution, Governing Law, and Venue

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

Informal Negotiation: Before filing any formal claim, the parties agree to attempt to resolve any dispute, claim, question, or disagreement directly through good faith negotiations involving individuals with authority to settle the dispute, which shall be a precondition to initiating mediation or arbitration.

Mediation: If negotiations fail within thirty (30) days, the parties agree to endeavor to settle the dispute by mediation administered by the Resolution Institute under its Mediation Rules, before resorting to arbitration. If the parties cannot agree on a mediator within fourteen (14) days of a party requesting mediation, the mediator shall be appointed by the Chair of the Resolution Institute or the Chair's nominee.

Arbitration: If mediation is unsuccessful, any dispute arising out of or relating to these Terms or the Service (including any question regarding its existence, validity, or termination) shall be finally resolved by binding arbitration administered by Australian Centre for International Commercial Arbitration (ACICA) in accordance with its Arbitration Rules. The seat of arbitration shall be Melbourne, Victoria, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The arbitral award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Exceptions (Injunctive Relief): Notwithstanding the above, either party may seek urgent interlocutory or preliminary injunctive relief in any court of competent jurisdiction in Melbourne, Victoria, Australia to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidentiality obligations, or material misuse of the Service. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and the Commonwealth of Australia for such purposes.

17. Modifications to Terms

We may modify these Terms from time to time. If we make a material change to these Terms, we will provide you with reasonable prior notice (e.g., by posting the revised Terms on our Website or sending an email notification to the address associated with your account) before the change becomes effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, your sole remedy is to cease using the Service and terminate your account in accordance with Section 15.2. If a change materially and adversely affects your rights or obligations under these Terms, and you notify us within thirty (30) days of receiving notice of the change that you do not agree to it, you may be entitled to terminate your subscription and receive a pro-rata refund for the unused portion of your pre-paid subscription term, provided such termination right is exercised reasonably and in good faith.

18. General Provisions

Notices: Any notices or other communications provided by the Company under these Terms will be given: (i) via email to the address associated with your account; or (ii) by posting to the Service or Website. Notices to you will be deemed given 24 hours after the email is sent or when posted. Notices to the Company should be sent to the contact address in Section 19, with a copy via email, and are deemed given upon receipt.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without consent will be null and void. We may freely assign or transfer these Terms without restriction, provided the assignee agrees to be bound by them.

Force Majeure: Neither party shall be liable for any failure or delay in performance under these Terms (except for payment obligations) due to circumstances beyond its reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, materials, or failure of public telecommunications networks.

Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy (https://heyoperator.com/privacy) and any order forms, specific plan details, or other terms expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and the Company regarding the Service, and supersede and replace any and all prior oral or written understandings or agreements between you and the Company regarding the Service. In the event of any conflict between these Terms and an order form, the terms of the order form shall prevail solely with respect to the subject matter of that order form.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision, or of the right to enforce it later. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of the Company.

Relationship: The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

Publicity: You grant the Company the right to use your Organisation's name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with existing or potential customers, subject to your standard trademark usage guidelines as provided to us from time-to-time. If you prefer not to be listed as a reference, you may opt out by sending an email to legal@heyoperator.com stating that you do not wish to be used as a reference.

Export Controls: The Service may be subject to Australian and international export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, in using the Service. You represent and warrant that you are not located in a country subject to Australian or U.S. Government embargo, or that has been designated by the Australian or U.S. Government as a "terrorist supporting" country, and that you are not listed on any Australian or U.S. Government list of prohibited or restricted parties.