Terms of Service

These Terms of Service ("Terms") govern your access to and use of the CXUP website and our general services information. By browsing our website, submitting an enquiry, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, please do not use our website.

These Terms are separate from, and do not replace, the AI Receptionist Services Agreement that a business signs (including by ticking a box or clicking to accept during online onboarding) when it becomes a paying Client of CXUP. If you are a Client, the AI Receptionist Services Agreement governs the actual delivery of the Services, the applicable fees, and each party's rights and obligations; these Terms govern your general use of our website.

Acceptance of these Terms and of the AI Receptionist Services Agreement may occur electronically, including by ticking a checkbox or clicking to accept, consistent with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2011 (WA). Electronic acceptance is valid and binding to the same extent as a handwritten signature.

CXUP Pty Ltd (ACN 701 300 030) is a proprietary company registered in Western Australia. We provide AI-powered voice receptionist services to small businesses across a range of industries, including trades, hospitality, clinics, retail, real estate and other service businesses.

You may use our website to learn about our services, request a quote, or contact us. You must not:

• use our website for any unlawful purpose, or to infringe the rights of any other person
• attempt to gain unauthorised access to our systems, or interfere with or disrupt the operation of our website
• copy, reproduce, or republish content from our website without our written consent, other than for your own personal, non-commercial reference
• use any automated system to scrape or extract data from our website without our prior written consent
• introduce viruses, malware, or other harmful code through our website
• use our website for competitive benchmarking, or to help build a product or service that competes with CXUP, without our prior written consent

Our website describes our AI receptionist services at a general level. Nothing on our website constitutes a binding offer, and specific pricing, plan inclusions, and service terms are confirmed only in a signed AI Receptionist Services Agreement with a Client. Website building services are likewise confirmed in what we agree with you when you sign up.

Our services are intended for general business call-handling use only, and are not designed or suitable for life-critical, safety-critical, or emergency purposes. Our AI Agent operates within the limits described in the AI Receptionist Services Agreement — for example, it is not authorised to provide binding quotes, professional or trade advice, or medical or emergency guidance — and Clients remain responsible for making sure their use of the Services is appropriate for their business and risk profile.

When you send us an enquiry through our website, you confirm that the details you give us are accurate and that you are entitled to give them to us. Please don't include sensitive information, such as health information or payment card details, in your enquiry.

Sending an enquiry does not create a contract, and we can't promise to take on every enquiry. We use your details as described in our Privacy Policy, to respond to your enquiry.

Our enquiry form is protected against spam and misuse, and we may refuse or discard submissions that look automated or abusive.

All content on our website — including text, graphics, logos, and the CXUP brand — is owned by or licensed to CXUP and is protected by Australian copyright and trade mark law. You may not use our name, logo, or branding without our prior written consent.

Our website or services may reference or link to third-party platforms, including Twilio, Retell AI, OpenAI, ElevenLabs, Stripe, Vercel, Supabase, Resend, Google (including Google Workspace and Google Fonts), and Cal.com, which support the delivery of our services. We are not responsible for the content, availability, or practices of third-party platforms, and your use of them may be subject to their own terms and privacy policies.

Our collection and handling of personal information, including information collected through our website and through the operation of our AI Agent, is described in our Privacy Policy, which forms part of these Terms.

Our website and the general information on it are provided "as is" and without warranty of any kind, to the maximum extent permitted by law. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

To the maximum extent permitted by law, CXUP is not liable for any loss or damage arising from your use of, or inability to use, our website, except to the extent that liability cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.

Specific liability terms applicable to the delivery of our services to a Client are set out in that Client's AI Receptionist Services Agreement, not in these Terms.

We intend every provision of these Terms to be fair and reasonable and to reflect a legitimate interest of CXUP. If a provision is found to be an unfair contract term under the Australian Consumer Law, or otherwise void or unenforceable, that provision will be read down or severed to the minimum extent necessary, and the rest of these Terms will continue to apply.

We may update these Terms from time to time. The updated version will be posted on our website with a revised "last updated" date. Your continued use of our website after an update constitutes acceptance of the revised Terms.

These Terms are governed by the laws of Western Australia, and you submit to the exclusive jurisdiction of its courts.

If you have questions about these Terms, please contact us using the details below.