Terms of Service

1. Who this agreement is between

This agreement is between Kale Buchanan, trading as Right With You, a sole trader registered in New Zealand since 23 March 2020, NZBN 9429048030304 (we, us, Right With You), and the business that subscribes to the service (you).

By subscribing to, or using, Right With You you agree to these terms. If you are agreeing on behalf of a company, you confirm you are authorised to bind it.

2. Business use only

Right With You is supplied to businesses, for use in trade. You confirm you are acquiring it for the purposes of a business and not as a consumer. This affects sections 13 and 14.

3. What the service does

When a call to your business goes unanswered, we send a text message to the caller on your behalf and hold a short text conversation using an AI assistant trained on the information you give us. We show you the call, any voicemail and its transcript, and the conversation as it happens. You can take over at any point, and one tap stops the assistant.

We may improve, change or add features over time. If we ever remove something you rely on, we will give you reasonable notice first.

4. Your account

• Keep your login details to yourself, and tell us promptly if you think someone else has them.
• You are responsible for everything done through your account.
• Give us accurate details, and keep them current. We rely on your contact details to reach you.
• Your plan sets how many people can use the account. Do not exceed it.

5. What we need from you

Most of what the assistant says is a direct result of what you tell it. So:

• You are responsible for the instructions you give it. The prices, availability, claims and promises you configure are yours. If you tell it to quote a price, that price goes out under your business name.
• You must have the right to text the people who call you. In practice this is straightforward, because we only text people who have just rung your business, which is what makes the reply expected rather than unsolicited. You must not use Right With You to send marketing to numbers that have not contacted you, and you must comply with the Unsolicited Electronic Messages Act 2007.
• You must keep your whitelist current if you do not want existing contacts, friends or family texted.
• You must honour opt-outs. If someone asks not to be contacted, that applies to your business, not just to us.
• You must meet your own privacy obligations to the people who contact you, under the Privacy Act 2020. The conversation data is yours, and so is the duty of care that comes with it.
• You must not use the service unlawfully, to deceive anyone, to impersonate another business, or in a way that could damage our systems or our reputation.

6. What the AI can and cannot be relied on for

The assistant is built to stay on topic, to follow the rules you set it, and to say that your team will be in touch rather than invent an answer it does not have. That is how it is designed, and it is what we work to keep true.

It is still AI. It can misread a message, misunderstand a request or produce a reply you would not have written yourself. You should treat its messages as an opening conversation, not as a binding quote, a confirmed booking or professional advice. We recommend you read your conversations, which is why we put them all in one place.

We are not liable for the content of a message the assistant sends where it was acting on the configuration you gave it.

Right With You uses generative AI, a developing technology that can make mistakes. We are not responsible for the effect the service has on your business or your customers. We train the assistant to behave well, but we cannot guarantee its behaviour and are not responsible for anything it says.

7. Availability and delivery

We aim to text every missed call back within 30 seconds, and that is what the service is built to do. We cannot guarantee it in every case, because delivery depends on mobile networks, international carriers and third-party providers we do not control.

We do not promise the service will be uninterrupted or error free. We will give you notice of planned maintenance where we reasonably can, and we will work to restore any unplanned outage as quickly as possible.

A text that cannot be delivered by the network, or a call our system is not told about, is not a failure we can be held responsible for.

8. Plans, texts and top-ups

We offer the Essential, Pro, Enterprise plans. What each one includes is set out on our pricing page, which forms part of these terms.

Everything is prepaid, so you will never get a surprise bill. That is the whole idea, and the rules below all follow from it.

• Your plan is paid at the start of each period and includes the texts advertised for that plan.
• Unused texts roll over into the following month while your subscription is active.
• Rolled over texts are not refundable and have no cash value. They are lost when your subscription ends.
• Replies from your customers are free. You are not charged for inbound messages.
• We warn you before you run low. When you reach 80% of your allowance we will tell you, along with how many days are left until your renewal, so you can decide whether to top up.
• If you use them all, replies simply stop until your plan renews or you buy a top-up. We will not keep sending on credit and then invoice you for it. There is no overage charge, because there is no overage.
• Top-ups are prepaid too, at the rate shown for your plan, and they are added to your balance straight away.

9. Fees and billing

• Prices are in New Zealand dollars.
• We are not currently registered for GST, so no GST is charged. If we register, GST will be added to prices from that point and we will tell you before it happens.
• Monthly plans are paid monthly in advance. Annual plans are paid for twelve months in advance.
• Payment is by bank transfer. We do not take card payments and we do not hold a card on file, so nothing is ever charged automatically. We send you an invoice, you pay it, and your service continues.
• Because the service is prepaid, an unpaid renewal simply means the service does not renew. We will tell you before that happens rather than switching you off without warning.
• We may change our prices. Existing clients get at least 30 days notice, and a price rise never applies to a period you have already paid for.

10. Cancelling

There are no lock-in contracts. You can cancel at any time by telling us, and you will not be billed again.

• You keep the service until the end of the period you have paid for, whether that is the rest of the month or the rest of the year. Nothing is switched off early.
• We do not refund the unused part of a period you have already paid for. You have the use of the service for all of it.
• You can export your conversation data before you go, or ask us to send it to you. See the Privacy Policy for how long we keep it afterwards.

Thirty day money back guarantee. There is one exception to the point above about unused periods. If the service is not right for you, tell us within thirty days of your first payment and we will refund that payment in full, whether you paid for a month or a year. No questions asked. The guarantee is available once per client, applies to your first subscription period only, and the service is switched off when we refund you. We guarantee back the subscription cost. Any extra text packs purchased and consumed during the thirty day period are not refundable.

We may suspend or cancel your account if you breach these terms, use the service unlawfully, or fail to pay. Where the situation allows it, we will tell you first and give you a chance to put it right.

11. Your data

Your data stays yours. Your customer conversations, voicemails, transcripts, contact lists and assistant configuration belong to you. We hold them to run the service for you.

You give us the permission we need to store, process and transmit that data in order to provide the service, and nothing wider than that. We will not sell it and we will not use your conversations to train an AI model for anybody else. How we handle personal information is set out in our Privacy Policy.

12. Intellectual property and confidentiality

The Right With You platform, software, branding and documentation are ours and stay ours. These terms give you the right to use the service, not to own any part of it. You must not copy, resell, reverse engineer or white label it without our written agreement.

Each of us will keep the other's confidential information confidential, and use it only for the purposes of this agreement. That obligation continues after the agreement ends.

13. Guarantees, and what we are contracting out of

We will provide the service with reasonable care and skill. Beyond that, and to the extent the law allows, we do not give any warranty about the service, including that it will be uninterrupted, error free or that it will produce any particular commercial result.

Consumer Guarantees Act 1993. The service is supplied and acquired in trade. You and we agree that the guarantees in the Consumer Guarantees Act 1993 do not apply, as permitted by section 43(2) of that Act. You agree it is fair and reasonable for us to be bound by this agreement on that basis.

Fair Trading Act 1986. You and we agree to contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986, as permitted by section 5D of that Act, and agree that it is fair and reasonable to do so.

If you are not in trade, these two paragraphs do not apply to you and your rights under those Acts are unaffected.

14. Liability

Neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, or loss of anticipated savings, however it arises.

Our total liability to you, for everything connected with this agreement added together, is capped at the total fees you have paid us in the twelve months before the event that gave rise to the claim.

We are not liable for lost business arising from a missed message, a delayed text, a network outage, or something the assistant said while acting on the configuration you gave it.

Nothing in these terms limits liability that cannot legally be limited, including for fraud or for death or personal injury caused by negligence.

15. Indemnity

You will cover us for any claim brought against us that arises from your use of the service in breach of these terms, from the instructions you gave your assistant, or from your failure to meet your own obligations under the Privacy Act 2020 or the Unsolicited Electronic Messages Act 2007.

16. Changes to these terms

We may update these terms as the service develops. If a change materially affects you, we will email you at least 30 days before it takes effect. If you do not accept the change, you can cancel before it applies. The date at the top of this page shows when it was last updated.

17. General

• Governing law. New Zealand law applies, and the New Zealand courts have exclusive jurisdiction.
• Disputes. Talk to us first. Most things get sorted with a phone call. If they do not, we will both try mediation in good faith before going to court.
• Notices. We will contact you at the email address on your account. You can reach us at kale@rightwithyou.co.nz.
• Assignment. You cannot transfer this agreement without our written consent. We may transfer it if the business is sold, and will tell you if that happens.
• Events outside our control. Neither of us is liable for a failure caused by something genuinely outside our control, such as a network or power failure, a natural disaster or a change in the law.
• Severability. If any part of these terms is found to be unenforceable, the rest keeps working.
• Whole agreement. These terms, the pricing page and the Privacy Policy are the whole agreement between us about the service.
• No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.

18. Getting in touch

Email kale@rightwithyou.co.nz or phone +64 27 225 5365. You will reach Kale Buchanan.