Terms of Service

These Terms of Service (the “Terms”) govern access to and use of the tickOver platform, available at tickover.com.au (the “Service”), which is operated by Emei Pty Ltd (ABN 63 686 497 469), trading as “tickOver”(“ tickOver”, “we”, “us” or “our”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other organisation, you represent that you have authority to bind that organisation, and “you” and “ Customer” refer to that organisation. If you do not agree to these Terms, you must not use the Service.

Your use of the Service is also subject to our Privacy Policy, which explains how we handle personal information.

• “Service” means the tickOver platform and all related websites, applications, features, and integrations we make available.
• “Customer”(or “organisation”) means the business or entity that registers for an account and on whose behalf the Service is used.
• “User”means an individual authorised by a Customer to access the Service under the Customer’s account.
• “Customer Data” means the data a Customer or its Users submit to, or generate within, the Service — including contacts, leads, bookings, messages, call recordings and transcripts, and custom fields.
• “Contact”means an individual whose information is stored or processed in the Service by a Customer (for example, a lead, prospect, or customer of the Customer’s business).
• “Third-Party Services” means services provided by third parties that the Service integrates with or relies on, such as Telnyx, Meta Platforms, and Supabase.

tickOver is an all-in-one lead-to-booking growth platform for local service businesses. Depending on the Customer’s plan and configuration, the Service may include:

• Lead management. Capturing, importing, and organising leads, including from Facebook/Instagram Lead Ads and manual import.
• Lead-to-booking automations. A visual workflow builder that runs automated follow-ups across SMS, WhatsApp, and email, with send-safety controls such as quiet hours and opt-out handling.
• AI calling.AI-assisted voice agents, powered by Telnyx, that place and handle calls to contact and qualify leads at the Customer’s direction.
• Online booking. Public booking pages, venue and session scheduling, and personalised booking links.
• CRM. Managing contacts, leads, tags, and custom fields.
• Messaging & integrations. Sending and receiving messages, and connecting to third-party services and apps.

We may add, change, or remove features of the Service from time to time. We will use reasonable efforts to avoid materially reducing the core functionality available to active Customers without notice.

To use the Service you must register for an account and provide accurate, current, and complete information. You must be at least 18 years old and capable of forming a binding contract, and you must use the Service for business purposes.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly at info@emei.com.auif you become aware of any unauthorised use of, or access to, your account. You are responsible for your Users’ compliance with these Terms.

The Service is a tool that acts on your instructions. You are solely responsible for how you use it and for the messages and calls it sends on your behalf. In particular, you agree that:

• You are the sender and caller. For every SMS, email, WhatsApp message, or voice call initiated through the Service, you are the sender or caller for legal purposes. You warrant that you have all necessary rights and valid consents to contact each Contact through the relevant channel.
• Consent under the Spam Act 2003 (Cth). You must comply with the Spam Act 2003 (Cth). You must obtain and be able to evidence the required consent before sending commercial electronic messages (SMS, email, or WhatsApp), include accurate sender identification, and provide and honour a functional unsubscribe / opt-out mechanism.
• Calling under the Do Not Call Register Act 2006 (Cth). You must comply with the Do Not Call Register Act 2006 (Cth) and related industry standards when placing calls (including AI-assisted calls), including screening against the Do Not Call Register where required and respecting permitted calling hours.
• Comply with applicable law. You must comply with all laws that apply to your use of the Service, including privacy, telemarketing, consumer protection, and anti-spam laws.
• No unlawful or misleading messaging. You must not use the Service to send content that is unlawful, misleading or deceptive, fraudulent, harassing, defamatory, or otherwise objectionable, or to contact individuals who have opted out or withdrawn consent.
• Platform terms. Where your use relies on Third-Party Services, you must also comply with their terms — including the Telnyx acceptable-use and messaging policies and the Meta / WhatsApp Business policies.
• No misuse of the Service. You must not attempt to gain unauthorised access to the Service, interfere with its operation, reverse engineer it, or use it to build a competing product, and you must not exceed the usage limits of your plan.

You are responsible for maintaining records of the consents you rely on. We are not responsible for verifying that you hold the necessary consents, and you remain responsible for the content of your messages and calls.

As between you and us, you own your Customer Data, including your CRM and lead data. We do not claim ownership of it.

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display, and otherwise use Customer Data solely as necessary to provide, maintain, secure, and support the Service, and as otherwise permitted by these Terms and our Privacy Policy. This licence continues for so long as we hold the Customer Data and ends when it is deleted in accordance with our data-retention practices.

You are responsible for the accuracy, quality, and legality of Customer Data and for having the rights and consents needed for us to process it on your behalf. Our handling of personal information is described in our Privacy Policy.

The Service, including its software, design, text, graphics, logos, and the tickOver name and branding, and all related intellectual property rights, are owned by Emei Pty Ltd (ABN 63 686 497 469), trading as “tickOver” or our licensors. Except for the limited right to use the Service under these Terms, no rights are granted to you.

You must not copy, modify, distribute, sell, or lease any part of the Service, or remove or obscure any proprietary notices. If you provide us with feedback or suggestions about the Service, we may use them without restriction or obligation to you.

The Service integrates with and relies on Third-Party Services to function, including:

• Telnyx — voice calling and messaging.
• Meta Platforms — Facebook/Instagram Lead Ads and WhatsApp messaging.
• Supabase — database, storage, and authentication.

Your use of Third-Party Services is subject to their own terms and policies, and you are responsible for complying with them. We do not control Third-Party Services and are not responsible or liable for their acts, omissions, availability, or performance. A change to, or the discontinuation of, a Third-Party Service may affect the Service, and we are not liable for any resulting disruption.

Fees for the Service are as set out in the written order, proposal, or agreement between you and Emei Pty Ltd (ABN 63 686 497 469), trading as “tickOver”(each, an “Order”). Where no Order specifies a fee, that part of the Service is provided at no charge unless and until we agree otherwise in writing. Unless stated otherwise, fees are exclusive of GST and other applicable taxes, which you are responsible for paying.

Except as required by law or expressly stated in your Order, fees are non-refundable. We may change our fees on reasonable notice, effective from the start of your next billing period or renewal term. Usage-based charges from Third-Party Services (such as telephony and messaging) may apply in addition to any fees set out in your Order and are your responsibility.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated call or message content will always be accurate or appropriate.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited (at our option) to re-supplying the relevant service or paying the cost of having it re-supplied.

To the maximum extent permitted by law, and subject to the Australian Consumer Law provisions above, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with the Service or these Terms, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the amount of fees you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the liability.

You agree to indemnify and hold harmless Emei Pty Ltd (ABN 63 686 497 469), trading as “tickOver” and our officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your Customer Data or the messages and calls you send through the Service; (c) your breach of these Terms; or (d) your breach of any applicable law or third-party rights, including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), or the terms of any Third-Party Service.

You may stop using the Service and close your account at any time. We may suspend or terminate your access to the Service, in whole or in part, if: (a) you breach these Terms; (b) your use poses a security, legal, or reputational risk, or risks harm to others or to a Third-Party Service; (c) we are required to do so by law or by a Third-Party Service; or (d) fees are overdue. Where practicable and lawful, we will give you notice.

On termination, your right to use the Service ends. We will make Customer Data available for export, or delete it, in accordance with our data-retention practices and applicable law. Terms that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnity, and governing law — survive.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Material changes will be communicated through the Service or by other appropriate means. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Victoria, Australia, where Emei Pty Ltd (ABN 63 686 497 469), trading as “tickOver” has its registered office (Burnside Heights VIC 3023). You and we submit to the non-exclusive jurisdiction of the courts of that State and the courts competent to hear appeals from them.

If you have any questions about these Terms, contact Emei Pty Ltd (ABN 63 686 497 469), trading as “tickOver” at info@emei.com.au, or by post at our registered office: Burnside Heights VIC 3023, Australia.