ZemlyAI Terms of Service
By using ZemlyAI, you agree to the following terms. Please read them carefully before accessing or using our platform.
Welcome to ZemlyAI. These Terms of Service ("Terms") govern your access to and use of the ZemlyAI website, platform, software, voice and AI services, integrations, and related services (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company, agency, or other entity, you represent that you have authority to bind that entity to these Terms.
1. Who We Are
ZemlyAI is a brand owned and operated by Everpower Labs Pty Ltd (ABN 36 673 566 875) ("ZemlyAI", "we", "us", or "our").
Email: hello@zemly.ai
Address: Unit G10/48 Gungahlin Pl, Gungahlin ACT 2912
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Services.
If you create an account on behalf of a business, you confirm that you are authorised to do so.
3. Description of Services
ZemlyAI provides AI-powered call handling and related workflow tools for property management and similar businesses. Depending on your subscription and configuration, the Services may include:
- Inbound and outbound call handling
- AI-generated responses based on agency-provided rules, documents, and settings
- Call summaries, transcripts, tags, and suggested actions
- Maintenance triage and escalation
- Integrations with third-party systems
- Dashboards, analytics, and configuration tools
ZemlyAI is a configurable software service. You are responsible for how you configure it, the content you upload, the escalation rules you set, and how you choose to use responses generated by the platform.
4. No Legal, Financial, or Professional Advice
ZemlyAI provides general information based on your setup, scripts, uploaded materials, and system configuration. It does not provide legal, financial, tenancy, tax, insurance, or other regulated professional advice.
You must not rely on the Services as a substitute for advice from a qualified professional. You are responsible for reviewing any legally sensitive, high-risk, or business-critical outcomes before acting on them.
5. Account Registration and Security
To use certain features, you may need to create an account. You agree to:
- Provide accurate and complete registration information
- Keep your login credentials secure
- Promptly update information if it changes
- Notify us immediately of any unauthorised use of your account
You are responsible for all activity that occurs under your account unless caused by our breach of these Terms or failure to implement reasonable security measures.
6. Customer Data and Uploaded Content
You may upload or submit content to the Services, including policies, scripts, agency settings, contact information, call routing rules, documents, and other materials ("Customer Content").
You retain ownership of your Customer Content. By uploading or submitting it, you grant ZemlyAI and Everpower Labs Pty Ltd a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, store, and use that content solely to:
- Provide and improve the Services
- Generate responses, summaries, and workflows
- Maintain security, support, backups, and system integrity
- Comply with legal obligations
You warrant that:
- You have all necessary rights to provide the Customer Content
- Your use of the Services and Customer Content complies with applicable laws
- Your Customer Content does not infringe the rights of any third party
7. Call Recording, Transcripts, and Notices
Some features may involve call recording, transcription, and AI analysis of voice and text content. You are responsible for ensuring that all legally required notices, disclosures, and consents are given to callers, tenants, landlords, staff, contractors, or other participants, including where call recording laws apply.
ZemlyAI is not responsible for your failure to provide legally required notices or obtain required consents.
8. Acceptable Use
You must not use the Services:
- For unlawful, misleading, fraudulent, or deceptive activity
- To store or process content you do not have authority to use
- To harass, discriminate against, exploit, or harm others
- To transmit malware, spam, or malicious code
- To probe, disrupt, or interfere with the Services or related systems
- To reverse engineer, copy, resell, or create competing services from the Services except as permitted by law
- In a way that breaches privacy, telecommunications, consumer, tenancy, anti-discrimination, or other applicable laws
We may suspend or restrict use if we reasonably believe your use breaches these Terms, creates legal risk, threatens security, or may harm us, other users, or third parties.
9. AI Outputs and Accuracy
The Services use artificial intelligence and automated processing. AI-generated outputs may sometimes be incomplete, inaccurate, out of date, misleading, or unsuitable for your intended purpose.
You acknowledge that:
- Outputs should be reviewed before use in important decisions
- You remain responsible for actions taken based on the Services
- ZemlyAI does not guarantee that outputs will always be accurate, complete, or fit for purpose
10. Third-Party Services and Integrations
The Services may connect with or rely on third-party platforms, communication providers, telephony providers, AI or language model providers, CRMs, property management systems, and other external tools.
Your use of third-party services is governed by those providers' own terms and policies where applicable. ZemlyAI is not responsible for third-party products, services, uptime, availability, data handling, or changes to their features, APIs, or pricing.
11. Fees, Billing, and Subscription Terms
Some Services are provided on a subscription or usage basis. By subscribing, you agree to pay all applicable fees, charges, taxes, and overage amounts described on our website, order form, or plan details.
Unless otherwise stated:
- Subscriptions renew automatically for the same billing cycle
- You authorise us to charge your nominated payment method
- Fees are non-refundable except where required by law or expressly stated otherwise
- Plan changes may take effect immediately or at the next billing cycle, depending on the change
We may suspend or limit access for overdue accounts after reasonable notice.
12. Trials and Beta Features
We may offer free trials, pilot programs, or beta features. These may be modified, suspended, or withdrawn at any time.
Beta and pilot features are provided "as is" and may contain bugs, limitations, or incomplete functionality.
13. Intellectual Property
Everpower Labs Pty Ltd and its licensors own all rights, title, and interest in the Services, including all software, designs, workflows, trademarks, branding, models, prompts, configurations, and related intellectual property, excluding Customer Content.
These Terms do not give you ownership of the Services. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription term in accordance with these Terms.
14. Confidentiality
Each party may receive confidential information from the other. The receiving party must use that information only as needed to perform under these Terms and must protect it using reasonable safeguards.
This clause does not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed, or required to be disclosed by law.
15. Privacy
Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.
16. Service Availability and Changes
We may update, enhance, modify, or discontinue parts of the Services from time to time. We do not guarantee uninterrupted or error-free availability.
We may perform maintenance, introduce new features, or remove features where reasonably necessary for security, legal, operational, or commercial reasons.
17. Suspension and Termination
You may stop using the Services at any time.
We may suspend or terminate your access immediately if:
- You breach these Terms
- Payment is overdue
- We reasonably suspect fraud, abuse, unlawful conduct, or security risk
- Continued provision would expose us or others to unacceptable risk
Upon termination, your right to use the Services ends immediately. Clauses that by nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, disclaimers, liability limits, and dispute provisions.
18. Disclaimers
To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis.
We do not warrant that the Services will be uninterrupted, error-free, secure, or that outputs will be accurate, lawful in your specific context, or suitable for your needs.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded. Where any statutory guarantee applies, our liability is limited to the maximum extent permitted by law.
19. Limitation of Liability
To the maximum extent permitted by law:
- ZemlyAI and Everpower Labs Pty Ltd will not be liable for indirect, incidental, special, consequential, or punitive loss
- ZemlyAI and Everpower Labs Pty Ltd will not be liable for loss of profits, revenue, business opportunity, goodwill, data, or anticipated savings
- ZemlyAI's total aggregate liability arising out of or in connection with the Services or these Terms will not exceed the total fees paid by you to Everpower Labs Pty Ltd in the 12 months before the event giving rise to the claim
This limitation does not apply where liability cannot lawfully be excluded or limited.
20. Indemnity
You agree to indemnify and hold harmless ZemlyAI, Everpower Labs Pty Ltd, and their officers, employees, contractors, and affiliates from claims, losses, liabilities, and costs arising from:
- Your Customer Content
- Your breach of these Terms
- Your misuse of the Services
- Your failure to obtain required notices or consents
- Your breach of applicable laws or third-party rights
21. Governing Law
These Terms are governed by the laws of Australia, and where applicable, the laws of the Australian Capital Territory, excluding conflict of law principles.
The parties submit to the exclusive jurisdiction of the courts of Australia and the Australian Capital Territory, unless applicable law requires otherwise.
22. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will publish the revised version on our website and update the "Last updated" date.
Your continued use of the Services after updated Terms take effect means you accept the revised Terms.
23. Contact
If you have any questions about these Terms, please contact us at:
Everpower Labs Pty Ltd
ABN: 36 673 566 875
Email: hello@zemly.ai
Address: Unit G10/48 Gungahlin Pl, Gungahlin ACT 2912