Terms of Service

These Terms of Service ("Terms") govern your use of the Nearbyte AI platform. Nearbyte is operated by NEARBYTE PTY LTD (ABN 92 701 718 121 · ACN 701 718 121) ("Nearbyte", "we", "us"). By creating an account or using our services, you agree to these Terms.

If you are using Nearbyte on behalf of a business, you represent that you have authority to bind that business to these Terms.

Nearbyte provides AI-powered front-desk agent services across the following plans:

Features and pricing are subject to change with 30 days' notice to existing subscribers.

Accounts are created by Nearbyte on your behalf upon subscription. You are responsible for:

• Keeping your login credentials secure
• All activity that occurs under your account
• Ensuring the information in your knowledge base is accurate

You must be at least 18 years old and operating a legitimate business to use our services.

• Subscriptions are billed monthly in advance in Australian Dollars (AUD)
• Payments are processed via Stripe
• Your subscription renews automatically each month unless cancelled
• No refunds are provided for partial months
• If payment fails, access may be suspended after 7 days' notice

You may cancel your subscription at any time with no lock-in period and no cancellation fee. Cancellation takes effect at the end of your current billing period.

To cancel, contact support@nearbyte.com.au or use your dashboard settings.

You are responsible for:

• The accuracy of all information in your knowledge base
• Ensuring your use of Nearbyte complies with applicable laws
• Obtaining any necessary consents from your customers before collecting their data through our platform
• Ensuring your customers have provided marketing consent before enabling Tier 3 SMS features
• Not using the platform for unlawful, abusive, or deceptive purposes

You control the personal information of your customers that is collected through the platform. Nearbyte handles it on your behalf, only to provide the services to you, and as described in our Privacy Policy.

Service providers, including overseas. To provide the services, customer messages, call content and booking details are processed by the service providers listed in Section 4 of our Privacy Policy, including AI providers that generate replies and automatically check messages and replies before they are sent. Some of these providers process data outside Australia, mainly in the United States. You authorise us to use these providers. We will give you at least 14 days' notice by email before we add a new provider that processes your customers' personal information.

Telling your customers. You must tell your customers, for example in your own privacy policy or collection notice, that your business uses an AI assistant to handle enquiries and that their information may be disclosed to service providers overseas. You may use or adapt the example wording below.

Our commitments. We will:

• Use your customers' information only to provide the services to you, and never sell it or use it to train AI models for any other business
• Require our service providers to protect the information and use it only to provide their service to us
• Notify you without undue delay if we become aware of a data breach affecting your customers' information, and help you assess and respond to it, including under the Notifiable Data Breaches scheme
• Help you respond to your customers' requests to access, correct or delete their information
• On request after your account closes, export or delete your customers' information, unless we are required by law to keep it

You acknowledge that:

• AI responses are generated automatically and may occasionally be inaccurate
• Nearbyte is not liable for errors in AI-generated responses
• You are responsible for reviewing and maintaining the accuracy of your knowledge base
• Nearbyte AI agents identify as your business, not as Nearbyte

We recommend reviewing your AI agent's responses regularly and keeping your knowledge base up to date.

Nearbyte's AI agents respond based on information you provide. AI-generated responses may occasionally be incomplete, outdated, or incorrect. The platform is provided “as is” with no warranty that AI responses will be error-free. You are responsible for keeping your knowledge base current. End customers should confirm critical details — such as pricing, availability, and appointment times — directly with your business. Nearbyte is not liable for any loss or damage arising from reliance on AI-generated responses.

If you use Tier 2 or Tier 3 features:

• You must not use our phone or SMS services for harassment, spam, or unlawful communication
• All outbound marketing SMS sent via the platform must comply with the Australian Spam Act 2003
• You must ensure customers have given explicit consent before enabling marketing SMS campaigns
• You must not attempt to circumvent the mandatory AI call disclosure message

• Nearbyte retains all intellectual property rights in the platform, software, and AI systems
• You retain ownership of all content you add to your knowledge base and all data about your customers
• You grant Nearbyte a limited licence to use your business information and knowledge base content solely to operate the service on your behalf

To the maximum extent permitted by Australian law:

• Nearbyte's total liability to you in any 12-month period is limited to the total fees you paid in that period
• Nearbyte is not liable for indirect, consequential, or incidental losses
• Nearbyte is not liable for missed bookings, lost revenue, or customer dissatisfaction arising from AI errors

We may suspend or terminate your account if you:

• Breach these Terms
• Fail to pay fees after notice
• Use the platform in a way that causes harm to others or exposes Nearbyte to legal risk

We will provide reasonable notice except where immediate termination is required to prevent harm.

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

We may update these Terms with 30 days' notice to subscribed merchants by email. Continued use after the notice period constitutes acceptance.