Terms & Conditions - Caalano Systems

CAALANO SYSTEMS

Last Updated 2nd September, 2026

TERMS OF SERVICE USER AGREEMENT

We are Caalano Systems Pty Ltd (ABN 49 670 857 851), trading as Caalano Systems (known therein as “Company,” “we,” “us,” “our”), who is a registered Company in Australia having its registered offices at 612/7 Maitland Place, Norwest, in the State of New South Wales 2153.

The Company is the proprietor and operator of the website https://caalanosystems.com.au (the “Site”), the mobile application LeadConnector (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively referred to in this Agreement as the “Services”).

You can contact us by phone at 0482 075 618, email at hello@caalanosystems.com.au, or by mail to 612/7 Maitland Place, Norwest NSW 2153, Australia.

Acknowledgement

By accessing and engaging in the Services, you acknowledge and agree that these Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Caalano Systems, concerning your access to and use of the Services.

You agree that by accessing the Services that you have read, understood, and agreed to be bound by all of these Terms. In the event that you do not agree with any of these terms, then you are expressly prohibited from using or having access to the services offered by us and you are required to discontinue use immediately.

You confirm that you have legal capacity to enter into a binding agreement and, if you are accepting on behalf of a company or other entity, that you are authorised to bind it.

We disclaim all liability to the maximum extent as permitted by the law of New South Wales and Australia.

Please read our terms and policies, including our privacy policy carefully before using our platform.

The Company may at any time post supplementary terms and conditions or documents from time to time and such supplementary terms and conditions will be at the sole discretion of the Company. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services

We recommend that you print a copy of our terms of service for your records.

TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
SOFTWARE
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
GUIDELINES FOR REVIEWS
MOBILE APPLICATION LICENCE
SOCIAL MEDIA
THIRD-PARTY WEBSITES AND CONTENT
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY.
A) HEALTH INFORMATION
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS.
A) AUSTRALIAN CONSUMER LAW
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SMS TEXT MESSAGING
MISCELLANEOUS
ACCOUNT TRANSFER AND USAGE RESTRICTIONS
PHONE MESSAGING POLICY
ADDITIONAL CHARGES FOR USAGE-BASED SERVICES
CONTACT US

OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, known as the “Content”), as well as the trademarks, service marks, and logos contained therein (collectively known as the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) in Australia and the State of New South Wales.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these Legal Terms, including but not limited to the essential terms of this Agreement, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable licence to:

– access the Services; and

– download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as expressly stated in this Agreement, no part of the Services, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licenced, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission by the Company. You acknowledge that misuse or replication of the Services may cause us loss, and you indemnify us, to the extent permitted by law, for loss we suffer as a result of your breach of this section.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@caalanosystems.com.au. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

– confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

– to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

– warrant that any such Submission and/or Contributions are original to you or that

you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

– warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

Except for liability outlined above, to the extent permitted by law, the Company specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness, arising out of or in any way connected with your use of the services.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our sole opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.

USER REPRESENTATIONS AND OBLIGATIONS

By using the Services, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity to enter and you agree to comply with these terms of service.
you are not a minor in the jurisdiction in which you reside;
you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Services for any illegal, immoral or unauthorised purpose; and
your use of the Services will not violate any applicable law or regulation.
you must not post anything that is false, inaccurate or misleading or deceptive (b) be fraudulent (c) infringe on any other person’s rights, patent, trademark etc (d) violate any applicable law, statute or regulation (e) be defamatory, threatening or harassing (f) be obscene or contain any material in our discretion that is inappropriate (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Services, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
you have all necessary rights and consents in relation to any personal information you store in or transmit through the Services, you are not breaching any law by collecting it or storing it in the Services, and our provision of the Services in relation to that information will not cause you or us to breach any law; and
your own published privacy policy and collection notices are accurate, disclose that you use a third party customer relationship management platform and that information you collect is stored outside Australia in the United States, and do not state that information is not disclosed overseas or that tracking or analytics data is anonymous, in a manner inconsistent with your use of the Services.

We reserve the right to suspend or terminate your account, if there are any breaches of our policies.

USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PURCHASES AND PAYMENT

We accept the following forms of payment:

– Visa

– Mastercard

– American Express

– Apple Pay

– Google Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Unless stated otherwise, all fees are exclusive of GST, which will be added where applicable.

Currency. Subscription fees are charged in Australian dollars. Usage charges are calculated in United States dollars and converted to Australian dollars at the rates provided in this agreement.

Changes to fees. We may change subscription fees or usage charges by giving you at least 30 days’ written notice. If you do not accept a change you may cancel before it takes effect, without penalty.

Overdue amounts. We may charge interest on overdue amounts at 2% above the Reserve Bank of Australia cash rate, and recover reasonable costs of collection.

You agree to pay all fees at the rates in effect when they are incurred, and you authorise us to charge your nominated payment method for those fees when due. If a payment fails we may retry it and may suspend the Services after notice. We may correct pricing errors, including after payment has been requested or received, and will tell you when we do.

SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless otherwise cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

Fees paid are non-refundable except as required by law, including the Australian Consumer Law. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current payment term. If you have any questions or are unsatisfied with our Services, please email us at hello@caalanosystems.com.au.

Fee Changes

Changes to the subscription fee are made in accordance with the “Changes to fees” paragraph in section 5.

SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

– Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

– Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

– Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

– Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

– Use any information obtained from the Services in order to harass, abuse, or harm another person.

– Make improper use of our support services or submit false reports of abuse or misconduct.

– Use the Services in a manner inconsistent with any applicable laws or regulations.

– Engage in unauthorised framing of or linking to the Services.

– Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism directed at the Services or at other users, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or similar devices. This does not prevent you configuring tracking or analytics tags on your own pages and forms built in the Services, which is governed by section 17A.

– Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

– Delete the copyright or other proprietary rights notice from any Content.

– Attempt to impersonate another user or person or use the username of another user.

– Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

– Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

– Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

– Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

– Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

– Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

– Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.

– Use a buying agent or purchasing agent to make purchases on the Services.

– Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

– Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

– Sell or otherwise transfer your profile.

USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, known as “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

– The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

– You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

– You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

– Your Contributions are not false, inaccurate, or misleading.

– Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

– Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

– Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

– Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

– Your Contributions do not violate any applicable law, regulation, or rule.

– Your Contributions do not violate the privacy or publicity rights of any third party.

– Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

– Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

– Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

This section, and the “Your submissions and contributions” part of section 2, do not apply to any personal information, customer data, contact records, enquiry data, appointment data, recordings, or other data you store in or transmit through the Services in the course of using them for your business. That data remains yours, is dealt with only under sections 17, 17A and 27, and we claim no licence over it beyond what is necessary to provide the Services to you.

GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

If you advertise a regulated health service, section 133 of the Health Practitioner Regulation National Law prohibits the use of testimonials about clinical aspects of that service in advertising. You are responsible for compliance, including on any reviews you collect, display or republish using the Services.

MOBILE APPLICATION LICENCE

Use licence

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms of Service You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

In the event that you breach these terms, you are acknowledging that there will be quantifiable losses to the Company and you are agreeing to provide the Company with an indemnity, unlimited, for such loss of business, reputation and other loss suffered by the Company, in the Company’s sole discretion.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the ; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

There will be no advertisements within the platform promoting anything outside of Caalano Systems Products/services or features.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

PRIVACY POLICY

17.1 Our Privacy Policy at caalanosystems.com.au/privacy-policy is incorporated into these Legal Terms.

17.2 Where the Services are hosted. The Services are hosted on infrastructure located in the United States, provided by the infrastructure provider identified in our Privacy Policy. Personal information you or your users transmit to or store in the Services, including information about your customers and patients, is held in the United States. This clause is a disclosure to you. It is not, and you must not treat it as, the consent of any individual whose information you store; clause 17.3 sets out what you must do to obtain that.

17.3 What this means for you. You must ensure that your own privacy policy and collection notices disclose that personal information you collect may be stored outside Australia and identify the countries concerned, and that you have any consent required for that disclosure. Where you rely on consent for an overseas disclosure under Australian Privacy Principle 8.2(b), that consent must expressly inform the individual that Australian Privacy Principle 8.1 will not apply and that they may be unable to seek redress under the Privacy Act 1988 (Cth).

17.4 How we handle your customer data. We handle personal information in your customer data only on your instructions and only to provide the Services to you. We do not use it for our own purposes, and we do not use it to build products, models, benchmarks or training data, except in de-identified and aggregated form from which no individual is reasonably identifiable. We do not disclose it to any third party except a provider engaged to deliver the Services, an integration you connect, or where required by law.

17.5 Account segregation. We hold each account’s customer data separately. We do not link, match or de-duplicate records about an individual across different accounts, and we do not maintain any cross-account identity graph or shared contact record.

17.6 Security. We take reasonable steps, including technical and organisational measures, to protect customer data from misuse, interference and loss, and from unauthorised access, modification and disclosure. These include role-based least-privilege access, multi-factor authentication, encryption in transit, and logging of access to accounts holding health information. We do not use live customer data in development or test environments. No system is completely secure and we do not guarantee absolute security.

17.7 Data breaches. If we become aware of circumstances giving us reasonable grounds to suspect an eligible data breach affecting your customer data, we will notify you within 24 hours, cooperate with you in assessing it, and assist you to meet your obligations under the Notifiable Data Breaches scheme. Where the breach relates to your customer data, you will ordinarily notify affected individuals and the Office of the Australian Information Commissioner, because you have the direct relationship with those individuals. Neither party will publicly name the other in relation to a breach without the other’s prior written consent, except where required by law.

17.8 Access and correction. We will assist you to respond to a request by an individual for access to, or correction of, their personal information within 10 business days of your request.

17.9 Hosting region. If we make an Australian hosting region available, we will notify you, and you may elect in writing to have your account migrated. We will tell you what the migration involves, whether backups, logs, file storage, messaging and AI features are all within the region, and any charge. Until a migration is complete, clause 17.2 continues to apply to your account.

17A HEALTH INFORMATION

17A.1 Acknowledgement. You acknowledge that the Services are a client acquisition, marketing and communication platform and are not a clinical or practice management system; that information you store in or transmit through the Services, including any health information about your patients or clients, is held on infrastructure located in the United States as set out in clause 17.2; and that we handle that information only as set out in section 17 and our Privacy Policy.

17A.2 Your sole responsibility. Where you use the Services to collect, store, transmit or otherwise handle health information or any other sensitive information, it is your sole responsibility to ensure that the information is collected, held, used, disclosed, retained and destroyed in a responsible manner and in accordance with all legislation that applies to you. That legislation may include the Privacy Act 1988 (Cth) and the Australian Privacy Principles, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Health Practitioner Regulation National Law, and the health records and privacy legislation of each State or Territory in which you operate or in which your patients or clients are located, such as the Health Records and Information Privacy Act 2002 (NSW), the Health Records Act 2001 (Vic) and the Health Records (Privacy and Access) Act 1997 (ACT). Your responsibility extends to every notice, consent, record of consent, retention period, overseas disclosure requirement, destruction obligation and access or correction request that the legislation requires, and to the content of your own privacy policy and collection notices.

17A.3 Your decisions. You determine what information is collected through the Services, from whom, for what purpose, and what is done with it, including through any form, page, workflow, integration, tracking technology or advertising platform that you, or a third party on your behalf, connect to or configure in your account. Any disclosure of information that results from a form, page, workflow, integration, tracking technology or configuration in your account is your disclosure, not ours, and you are responsible for it.

17A.4 Our position. We are responsible for our own compliance in relation to the information we hold, as set out in section 17. We do not provide legal advice, and we make no representation that your use of the Services complies with any law. Nothing in these Legal Terms makes us responsible for your compliance with any law, and section 26 applies to any claim, loss or penalty arising from your failure to comply. These Legal Terms allocate responsibility between you and us; they do not limit a regulator’s ability to take action against either party.

17A.5 Suspension. We may suspend or disable any feature, integration, tracking configuration or account, without liability, where we reasonably believe that its continued operation would breach a privacy law or expose us to a claim. We will tell you why.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, you are obligated to notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

The Terms of Service shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, These Legal Terms remain in force while you use the Services. You may cancel your subscription at any time by giving us notice, effective at the end of your current billing period, subject to any minimum term in a Marketing Services Agreement. We may suspend or terminate your access where you materially breach these Legal Terms, fail to pay, or use the Services unlawfully. Except where we are required by law to act immediately, or where the breach involves unlawful activity or a serious security risk, we will give you written notice and a reasonable opportunity to remedy before suspending or terminating. We will not delete your customer data without first giving you at least 30 days to export it, in accordance with section 27. On termination your licence ends, you must stop using the Services, and accrued fees remain payable. Sections 2, 17, 17A.8, 23A, 24, 25, 26 and 27 survive termination.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. Subject to 23A, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of New South Wales, Australia, applicable to agreements made and to be entirely performed within New South Wales, Australia, without regard to its conflict of law principles. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating Mediation. Such informal negotiations commence upon written notice from one Party to the other Party.

Mediation and Arbitration

22.1 If a dispute arises under these Legal Terms, the parties must first attempt to resolve it by good faith negotiation between senior representatives within 21 days of one party giving the other written notice of the dispute.

22.2 If the dispute is not resolved in that time, either party may refer it to mediation administered by the Australian Disputes Centre, and the parties will share the mediator’s costs equally.

22.3 A party may not commence court proceedings until 21 days after the mediation has ended or been declined, except to seek urgent injunctive relief.

22.4 Nothing in this section prevents you making a complaint to a regulator or an ombudsman.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23A AUSTRALIAN CONSUMER LAW

23A.1 Nothing in these Legal Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

23A.2 Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied.

23A.3 Sections 2, 7, 12, 20, 24, 25 and 27, and every other exclusion or limitation of liability in these Legal Terms, apply only to the extent permitted by law and are subject to this section 23A.

DISCLAIMER

SUBJECT TO 23A, THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
(3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Call Recording & Legal Compliance

Caalano Systems provides an optional call recording feature that may be enabled within your account. By enabling and using this feature, you acknowledge and agree that it is your sole responsibility, as the account owner and subscriber, to ensure compliance with all applicable local, state, and federal laws relating to the recording of telephone calls and communications.

Caalano Systems does not provide legal advice and does not assume any responsibility or liability for your compliance with such laws. If you choose to enable call recording, you must ensure that you obtain any required consents or approvals in accordance with relevant legislation in your jurisdiction.

By enabling or using this feature, you agree that Caalano Systems will not be held liable for any legal consequences, disputes, penalties, or claims arising from your use of call recording.

When enabled, the feature records your calls with your own contacts. You are the party making the recording. We do not listen to, review or use your recordings except to provide the Services. You must comply with the surveillance devices legislation of every State and Territory in which a party to the call is located, including the Surveillance Devices Act 2007 (NSW), the Surveillance Devices Act 1999 (Vic) and the Listening Devices Act 1992 (ACT). These are criminal statutes and the rules differ by jurisdiction; in some, the consent of all parties is required. You must play or read a recording notice at the start of each recorded call, and stop recording on request. Notifying a participant that a call may be recorded is not, by itself, consent in every jurisdiction. You must not record a call in which an individual discusses their own health condition, treatment or attendance, and must not store such a recording in the Services. You are responsible for the retention and deletion of recordings in your account.

LIMITATIONS OF LIABILITY

25.1 Subject to section 23A, and to the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill or loss of anticipated savings.

25.2 Subject to section 23A, our total aggregate liability arising out of or in connection with these Legal Terms, however arising, is limited to the total fees you paid us in the 3 months before the event giving rise to the liability.

25.3 Clause 25.2 does not apply to our liability for our fraud or wilful misconduct, or for death or personal injury caused by our negligence.

25.4 Each party must take reasonable steps to mitigate its loss.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services;
(3) breach of these Legal Terms;
(4) any breach of your representations and warranties set forth in these Legal Terms;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Each indemnity in these Legal Terms is reduced to the extent the loss was caused or contributed to by the party claiming it. An indemnity allocates cost between the parties. It does not transfer either party’s obligations under privacy law to the other, consistent with clause 17A.4.

USER DATA

27.1 You own your customer data. We claim no ownership of it.

27.2 You may export your contact, opportunity and appointment data at any time during your subscription.

27.3 We perform routine backups. You remain responsible for keeping your own copies of data that is important to your business.

27.4 On termination, within 30 days we will provide an export of your customer data in a commonly used machine-readable format on request. Unless you elect earlier deletion in writing, we will permanently delete your customer data 90 days after termination and confirm in writing. Backups are purged within 28 days after that.

27.5 You may request deletion of your account and its customer data at any time. We will action it and confirm.

27.6 Clause 27.4 does not require us to delete data we are required by law to retain, or aggregated and de-identified data.

27.7 Default retention where you configure none: enquiry and contact records, 24 months from last contact; call recordings and transcripts, 12 months; message logs, 24 months. We will notify you before applying a default deletion.

27.8 Subject to section 23A, our liability for loss or corruption of data is limited as set out in section 25.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

SMS TEXT MESSAGING

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at hello@caalanosystems.com.au or call at 0482 075 618.

Your obligations as sender. You are the sender of every message sent from your account. You must not use the Services to send a commercial electronic message unless you have the recipient’s consent within the meaning of the Spam Act 2003 (Cth) and hold a record of it; the message clearly and accurately identifies you as the person who authorised it, with contact details that will remain valid for at least 30 days; and the message contains a functional unsubscribe facility, unless it is a designated commercial electronic message consisting of no more than factual information. You must action unsubscribe requests within 5 business days. A website visit or an email enquiry is unlikely, by itself, to be consent to inclusion on a marketing list.

Streams. You must not send marketing content from a message stream configured as transactional or as an appointment reminder. A reminder that carries a promotional sentence or link becomes a commercial electronic message and requires consent and an unsubscribe facility. Every marketing SMS must honour a reply of STOP (or equivalent) as an unsubscribe, and you must configure appointment confirmations and reminders as a separate stream so that an unsubscribe from marketing does not prevent transactional messages.

Sender identification. Where you use a sending domain or number provided by the platform, you must ensure the message identifies you, not us, as the sender.

Do Not Call Register. Where the Services are used to make telemarketing calls to Australian numbers, each party will comply with the Do Not Call Register Act 2006 (Cth) and take all reasonable steps to ensure that its employees and agents comply with that Act. You must wash any calling list against the Register within 30 days before any call and retain evidence of the wash. A bare express consent to be called, with no stated period, is taken to be withdrawn after 3 months.

Schedule 2 sets out the operational messaging policy, sending limits and deliverability rules that apply to your account.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign these Legal Terms to a related body corporate or in connection with a sale of our business, on notice to you. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Notices to us go to hello@caalanosystems.com.au. Privacy requests and complaints go to privacy@caalanosystems.com.au. Notices to you go to the email address on your account.

ACCOUNT TRANSFER AND USAGE RESTRICTIONS

Non-transferability of Account: Each account created with Caalano Systems is personal to the account holder and is non-transferable under any circumstances. Account holders are prohibited from transferring, assigning, selling, or otherwise disposing of their accounts to other persons or entities, including but not limited to other agencies or accounts, without the express written consent of Caalano Systems.
Restrictions on Content and Material: All content, data, and material generated, stored, or processed within Caalano Systems, including but not limited to reports, graphics, documents, and other intellectual property, cannot be transferred or used outside of the designated Caalano Systems account, except as expressly permitted by these terms or as otherwise authorised in writing by Caalano Systems. This restriction aims to protect the proprietary and confidential nature of the services and material available through Caalano Systems.
Exclusion of Contact Data: Notwithstanding the above, your customer data, including contact, opportunity and appointment records, may be exported or transferred from Caalano Systems, provided that such actions comply with applicable privacy laws and Caalano Systems’ privacy policy. This exclusion is intended to facilitate legitimate business communications without contravening the account and content usage restrictions herein.
Consequences of Unauthorised Transfer: Any unauthorised attempt to transfer an account or its associated contents may result in immediate termination of the account, legal action, and other remedies available to Caalano Systems under applicable law. By creating an account with Caalano Systems, you acknowledge and agree to adhere to these terms and conditions, which are designed to ensure the integrity and security of the services provided by Caalano Systems.

PHONE MESSAGING POLICY

All messaging transmitted via the Caalano Systems platform, regardless of use case or phone number type (e.g., long code or toll-free), must comply with Application-to-Person (A2P) messaging standards. All A2P messages originating from the system are subject to this Messaging Policy, which includes the following rules and prohibitions:

Consent (“opt-in”): Consent cannot be bought, sold, or exchanged. For example, you cannot obtain the consent of message recipients by purchasing a phone list from another party. SMS should only be sent to opted-in contacts.

Revocation of Consent (“opt-out”): The initial message sent to an individual must include language such as “Reply STOP to unsubscribe,” or an equivalent, so individuals have the ability to revoke consent at any time by replying with a standard opt-out keyword.

Sender Identification: Every initial message must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.

Messaging Usage: You should not send messages related to alcohol, firearms, gambling, tobacco, or other adult content.

Filtering Evasion: We do not allow content designed to evade detection by unwanted messaging detection and prevention mechanisms. This includes intentionally misspelt words or non-standard opt-out phrases created to evade these mechanisms. We do not permit snowshoeing, which is spreading similar or identical messages across many phone numbers to evade unwanted messaging detection and prevention mechanisms.

This policy applies to all customers using Caalano Systems’ phone messaging services to safeguard their messaging capabilities and services.

How We Handle Violations

When we identify a violation of these principles, we will, where possible, work with customers in good faith to get them back into compliance with the messaging policy. However, to protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to suspend or remove access to the platform for customers or customers’ end users who are not complying with the Messaging Policy or following applicable laws or communications industry guidelines and standards, in some instances with limited notice in the case of serious violations of this policy.

SMS Ramp-Up Model (V2)

All accounts have an 8-level SMS ramp. Below is the table detailing the ramp:

| Level | SMS Sending Limit |

|——-|——————-|

| 1 | 100 |

| 2 | 250 |

| 3 | 500 |

| 4 | 750 |

| 5 | 1500 |

| 6 | 2250 |

| 7 | 3000 |

| 8 | 3000+ |

How it Works:

This ramp does not start on the signup date; it starts on the day the first successful SMS message is sent. All accounts start at Level 1, enabling them to send 100 SMS within 24 hours. To increase sending limits, the account must send the full level sending limit within a 24-hour window. After sending the full level sending limit within 24 hours, the account will be temporarily restricted from sending SMS for the next 24 hours. During this temporary restriction, SMS sending is disabled. After 24 hours, the temporary restriction will be removed, and the account will unlock the next level sending limit, increasing their sending limit.

Example:

A new account will start at Level 1 with a sending limit of 100 SMS within 24 hours. To unlock Level 2, the account must send 100 SMS within 24 hours. After sending 100 SMS within 24 hours, the account will be temporarily restricted from sending SMS for 24 hours. After 24 hours, SMS sending will be allowed again, and the account will unlock Level 2 with a sending limit of 250. This process continues until Level 8, which allows for sending 3000+ SMS.

FAQs on SMS Ramp-Up Model:

– Can I change or remove this ramp-up model? No. Previously, agencies could change the SMS limit within the ramp or post-ramp period. That capability has been removed.

– Do one-to-one and missed call text back SMS count toward my daily limit sending? Yes. Previously, one-to-one messages and missed call text back messages were not counted as part of the day’s total message; this will be counted henceforth.

– Can I send one-to-one messages during the 24-hour temporary sending restriction after reaching my level limit? No. Previously, when a location was temporarily restricted, one-to-one messages were allowed. That capability has been removed.

Why the Change?

Caalano Systems’ phone policy was implemented to:

– Avoid SMS spam blasts from fake signups. New accounts on Caalano Systems Phone will follow the Ramp-Up Model.

– Avoid getting accounts blocked due to suspicious activity.

– Avoid legal actions due to increased spamming to non-consenting customers. Only bulk SMS sending will have daily limitations to avoid account suspension due to non-compliant messaging activity.

Error Screens or Notifications During a Violation:

– Conversation Error: You have exceeded your SMS sending limit.

– Bulk Action: You are allowed to send 5000 message(s) in a day. You have already sent 5000 message(s). If you wish to proceed, 1 Message(s) will be failed.

Spam Message Handling

Each message sent from the account ends up with one of the following four statuses:

– Sent: The messages for which we did not receive a response from the carrier can be in any of the statuses below.

– Delivered: The messages successfully delivered to the contact.

– Failed: The messages cancelled or not sent to the carrier to forward to the contact.

– Undelivered: The messages sent were suspicious or did not fulfil the messaging policy.

As part of this feature, we will only consider undelivered messages. All undelivered messages will have a particular error code stored at each message level. We will use these codes to enable Temporary/Permanent DND at a contact level, preventing new SMSs from being sent to them and increasing your deliverability rate.

The table below summarises the undelivered SMS error codes, their descriptions, and the relevant remediation measures:

| Response Code | Code Description | Remediation |

|—————|———————————–|—————————|

| 30005 | User Inactive/Number does not exist | Enable Temporary DND |

| 30003 | Unreachable- Out of Service | Enable Temporary DND |

| 30004 | Do not want SMS/DND enabled | Enable Permanent DND |

| 30006 | Landline/Incapable to receive SMS | Enable Temporary DND |

| 30008 | None of the above scenarios matched | Do nothing |

Temporary DND: The DND set at a contact level can be revoked by the agency or location.

Permanent DND: The DND set at the contact level cannot be revoked by the agency or location as the contact is incapable of receiving the message or has opted out of receiving messages.

Opt-Out Keyword: Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword like STOP, Unsubscribe, etc. In this case, a permanent DND will be enabled at the contact level.

Advantages:

– This will restrict the location from sending SMS to non-relevant contacts, eventually increasing the deliverability rate and decreasing the possibility of getting blocked.

– Locations will only send messages to contacts who have opted in.

Spam Messaging Error Screens:

– Conversation: Cannot send messages as DND is active for SMS.

– Bulk Action: All SMS sent via features like workflow and bulk SMS will automatically skip the DND-marked contacts from the sender list.

How to Revoke the DND for a Contact:

– For Temporary DND, go to the contact details and remove the DND flag.

– For Permanent DND, you cannot revoke it from the UI. To revoke the permanent DND, request the contact to send a reply with the “START,” “YES,” or “UNSTOP” keywords to the number. This should automatically remove the DND from the contact. Note: If the START keyword does not revoke the DND and incoming/outgoing messages still fail, please raise a support ticket.

Opt-Out Language Addition

Consent for sending communications cannot be bought; it must be obtained explicitly from the user. Each initial message sent out by the company to an end-user must include two mandatory pieces of information: Sender ID and opt-out language.

Opt-Out Language: The end user should have the capability to remove consent at any time. Each initial message should include opt-out keywords like STOP, UNSUBSCRIBE, etc. We will additionally add the opt-out language: “Reply STOP to unsubscribe.”

Note:

– The “Opt-out message” feature is applicable to bulk actions (Bulk SMS), workflows, and campaigns, but not to one-on-one conversations unless it is the first text being sent to a new contact who has never sent a text to the Caalano Systems phone number before.

Sender Information Addition

SenderID: Every message you send must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation. We will additionally add the sender info: “Thanks, [Your business name] .”

Note:

– The “Sender ID” feature is only applicable to bulk actions (Bulk SMS), workflows, and campaigns, and not to one-on-one conversations.

Error and Opt-Out Rate Monitoring

We focus on helping our customers deliver trusted communications. To ensure that the carrier does not block or suspend the account permanently based on bad usage, we will monitor the delivery rate of the overall account and take proactive measures to keep the delivery rate in check:

Violation Email: We will send a notification email when the account hits an error rate of 8% and an opt-out rate of 1%.

Temporary Account Restriction: We will send a suspension email when the account hits an error rate of 12.5% and an opt-out rate of 2.5%.

Note: When the account hits the temporary suspension, all upcoming outbound SMS will fail until 00:00 AM UTC.

What to Do When You Receive a Violation Email:

– Stop all workflows, campaigns, triggers, and/or bulk actions to contacts who have not explicitly opted in to receive messages from the account.

– Enable and customise the opt-out language and SenderID message as per your use case to prevent upcoming messages from being flagged.

– Discuss with your client to ensure no bulk communication, message blasts, or cold prospecting message campaigns are sent in the near future before replying to the support ticket.

Error and Opt-Out Rates:

– High Opt-Out Rate: Indicates that contacts receiving your messages have objected, generated complaints, or marked your SMS as spam. A good opt-out rate is typically 0 – 1%. Once the opt-out rate hits 2%, the account will be locked for sending text messages for 24 hours.

– High Delivery Error Rate: Indicates sending SMS to contacts that are no longer in service, unreachable, or using a non-SMS-capable device such as a landline. This may also mean external carrier filters are refusing to deliver your SMS due to past bad sending behaviour. A good error rate is typically 0 – 6%. Once the error rate hits 12%, the account will be locked for sending text messages for 24 hours.

How to Remove Account Suspension Early:

The account suspension will be lifted in 24 hours. If the account is permanently suspended, refer to the article “Why is your account suspended” to unsuspend the account.

Note: One-on-one conversations, test SMS, resend messages, and missed call text back are allowed even if the account is suspended.

FAQs:

– How often does the SMS limit last? The SMS limit refreshes every 24 hours. For new accounts, the increments increase daily according to the ramp-up table. After the 8th day, the SMS limit is capped at 5000 per day.

– Can I send more than 5000 SMS per day? Once your location(s) hit the 8th-day mark (5000 SMS per day), you may request a limit extension from support.

– What happens when we hit our daily limit? Can we respond to SMS if a lead replies? No. The SMS daily limits affect all messaging activities, including manual SMS in conversations, automation within workflows, and bulk actions.

– Can we undo the DND option in bulk? No, this prevents sending SMS in bulk again after DND is enabled for the contacts.

– Does the auto-append Sender ID and Opt-Out Language feature apply to every first text of workflow or manual SMS? This feature is only applicable to bulk actions (Bulk SMS) and not to one-on-one conversations, workflows, or campaigns.

ADDITIONAL CHARGES FOR USAGE-BASED SERVICES

Making Calls: Subscribers will incur a charge of $0.1423 per minute for making calls through the service.
Receiving Calls: Subscribers will incur a charge of $0.0253 per minute for receiving calls through the service.
Sending SMS Messages: Subscribers will incur a charge of $0.093 per segment sent as a text message through the service.(1 segment represents 160 characters)
Receiving SMS Messages: Subscribers will incur a charge of $0.0135 per segment received as a text message through the service. (1 segment represents 160 characters)
Call Recording: Subscribers will incur a charge of $0.0045 per minute of Recording for recorded phone calls through the service.
Call Recording storage: Subscribers will incur a charge of $0.0009 per minute of Recording per month.
Call Transcription: Subscribers will incur a charge of $0.0432 per minute of transcription when this feature is enabled.
Answering Machine Detection: Subscribers will incur a charge of $0.0135 per answering machine detection executed.
Voicemail drops: Subscribers will incur a charge of $0.1423 per minute for voicemail drops.
Conference Calls: Subscribers will incur a charge of $0.00324 per minute for conference calls.
Line Rental – Local Number: Subscribers will incur a charge of $3 per month to use a Local number.
Line Renal – Mobile Number: Subscribers will incur a charge of $6.5 per month to use a Mobile number.
Line Rental – Toll Free Number: Subscribers will incur a charge of $16 per month to use a Toll Free phone number.
WhatsApp Messages: Subscribers will incur a charge of $0.148 per conversation through the service.
Premium Triggers & Actions (gold crown): Subscribers will incur a charge of $0.025 per trigger and action used in the premium category.
Email Verification: Subscribers will incur a charge of $0.005 per email verification conducted through the service.
Emails: Subscribers will incur a charge of $0.00135 for each email sent through the service.
Content AI: Subscribers will incur a charge of $0.18 for every 1000 words processed by the Content Ai service.
Workflow AI: Subscribers will incur a charge of $0.06/GPT 4 Execution and $0.03/GPT 3.5 execution processed through the Workflow AI Service.
Content AI – Workflow – External AI Models: Subscribers will incur a charge of $2.4 per 750,000 words processed through the Content AI Service.
Conversation AI: Subscribers will incur a charge of $0.06 per execution processed through the conversation AI Service.
Dedicated IP: Subscribers will incur a charge of $88.5 per dedicated IP address for outbound email sending.
WhatsApp: $0.148/ Whats App message usage
Review AI: $0.02/review
Domain Purchase: $14 per domain
Funnel AI: $1.98/ Funnel AI
Agent Studio: $0.75 for 750,000 words.
Ask AI: $6.33/1000000 token
AI Studio: $6.33/1000000 token
Voice AI: $0.05/minute

*Note: Volume discounts may apply based on usage volume.

These charges will be calculated & billed in USD and then converted to AUD, as per the applicable exchange rate at the time of billing.

CONTACT US

Caalano Systems Pty Ltd (ABN 49 670 857 851) 612/7 Maitland Place, Norwest NSW 2153, Australia.

General and contractual enquiries: hello@caalanosystems.com.au

Privacy enquiries: privacy@caalanosystems.com.au

Phone: 0482 075 618