Inspra Campaign and Batch Calling Terms

Part A — Introduction

A1. When these terms apply

1. a.

   These are the Campaign and Batch Calling Terms of Genius365 Pty Ltd ABN 50 679 963 967, trading as Inspra (Inspra, we, us). They apply whenever your account (including your personnel and sub-accounts) is used for an outbound campaign, batch calling, batch messaging, a live transfer or a lead transaction. They apply however the campaign is set up, including where we help under Customer Terms clause 10.

2. b.

   They do not apply to inbound-only use (such as an AI receptionist). They do apply to any outbound follow-up, live transfer or lead transaction that arises from inbound use.

3. c.

   If you are a partner, you must bind each client that runs campaigns on the platform to terms at least as protective as these.

A2. Relationship with the Customer Terms

1. a.

   These terms are the Campaign Terms referred to in Customer Terms clause 4A. They form part of the Customer Terms, as does our Acceptable Use Policy (AUP). Terms defined in the Customer Terms (such as bot, call, call data, campaign design, target and managed service) have the same meaning here unless clause A5 says otherwise.

2. b.

   A breach of these terms is a breach of the Customer Terms (clause 9(p)). See clause B17 and Customer Terms clause 15.

A3. Order of priority

1. a.

   If documents conflict, the order of priority is:

   1. i.

      a signed Order Form, for its commercial terms (price, volumes, caps, term and delivery) and any clause of these terms that it expressly varies;

   2. ii.

      these terms, for campaigns, campaign telephony and lead transactions, except that the Customer Terms clauses listed in Customer Terms clause 4(d)(i) prevail over these terms; and

   3. iii.

      the rest of the Customer Terms, in the order set out in Customer Terms clause 4(d).

2. b.

   An Order Form may add to Part B and Part D. It may reduce them only if it names the clause it changes and both of us sign it.

3. c.

   Where these terms and the AUP both apply, you must comply with both. If you cannot, the stricter rule applies.

4. d.

   Nothing in these documents excludes, restricts or modifies non-excludable ACL rights (including the consumer guarantees and the unfair contract terms protections) or any right under privacy law.

A4. Roles and responsibilities

1. a.

   You are the caller and the marketer. Your campaigns' calls and messages are made by you or for your business, and you decide their purpose, content, recipients, timing and caller ID. Your bots are your agents (Customer Terms clause 2), and you must approve each campaign design before it goes live (clause 10.2).

2. b.

   We are the platform provider. We supply the tools. You choose your contacts, approve your offers and scripts, and decide when and why anyone is contacted, including where we help set up or tune a campaign under a managed service.

3. c.

   We do not supply phone services. Your carrier, whether your own or our carrier partner, supplies your numbers and carriage (Customer Terms clause 8 and Part C). A managed service (clause 10.3) does not change who the caller is. In a lead transaction, we act only as your platform provider (Part D). We do not supply, sell, buy or broker leads.

4. d.

   Each of us keeps its own legal obligations. Some laws (such as the DNCR Act, the Telemarketing Standard, the Spam Act and the Privacy Act) apply to anyone who makes, causes or arranges a call or message, or supplies services for it. We cannot contract out of our own obligations, and these terms do not try to. Nothing in them makes you responsible for our breach of the law or of these terms. Where we share obligations under the same law, each of us is responsible for its own compliance. Loss is allocated between us under these terms, Customer Terms clause 13.7 and Customer Terms Schedule 2 clause 3.

5. e.

   Neither of us is the other's agent, partner or joint venturer.

A5. Definitions

In these terms:

ACMA means the Australian Communications and Media Authority.

Batch calling and batch messaging mean calling, or sending SMS, WhatsApp or other electronic messages to, several contacts from a contact list through the platform.

Caller ID or CLI means the number, and any display name, presented to the person called. For a message, it means the sender ID.

Campaign has its Customer Terms meaning. It includes batch calling, batch messaging, live transfers and lead transactions.

Carrier partner, Carrier Terms and numbers from our carrier partner have their Customer Terms meanings (clauses 8.3, 4A(a) and 8.1(a)(ii)). Your carrier means your own carrier or our carrier partner, whichever supplies your numbers and carriage. Carrier requirements means the terms of your carrier and any acceptable use policy, rule or direction of your carrier or another carrier in the call path.

Consent record means a record that meets clause B3(a).

Contact means a person or organisation, and their number or address, that you contact or intend to contact in a campaign. Each contact is a target under the Customer Terms. Contact list means any source of contacts, including leads and client-supplied data (Customer Terms Schedule 2 clause 2.7).

DNCR means the Do Not Call Register under the Do Not Call Register Act 2006 (Cth) (DNCR Act).

Lead means information collected so that a business can contact someone about goods or services. In Part D it includes a call delivered to a buyer by live transfer or inbound routing (a delivered call).

Lead seller (or seller) means the party that generates, supplies or transfers a lead, and lead buyer (or buyer) means the party that receives it or pays for it. Each is you or a third party, never us.

Lead transaction means buying, selling, supplying, receiving or live-transferring leads, between you and a third party using the platform.

Live transfer means connecting a call in progress to another person or business.

Numbering Plan means the Telecommunications Numbering Plan 2025, available at https://www.legislation.gov.au/F2025L00409/latest/text.

Opt-out means any request by a contact, however made, not to be contacted (at all, for a purpose or by a channel) or to withdraw consent.

Order Form means a signed order form, proposal, statement of work or special terms.

Outbound campaign means a campaign in which bots make calls or send messages to contacts, including batch calling and batch messaging.

Publisher or traffic source means any channel through which a seller obtains leads or calls, such as a website, form, advertisement, affiliate, contact centre or data supplier.

Regulator means ACMA, the OAIC, the ACCC, ASIC, the Australian Energy Regulator, a State or Territory regulator, an ombudsman or a law enforcement agency.

Research call means a call made to conduct opinion polling or standard questionnaire-based research, as described in the Telemarketing Standard. Service call means a call with no marketing content that is neither a telemarketing call nor a research call.

Suppression list means your list of people you must not contact, either at all or for a particular purpose or channel. It includes opt-outs.

Telemarketing call has the meaning given in the DNCR Act and the Telemarketing Standard. Broadly, it is a call where one of the purposes is to offer, advertise or promote goods, services, land or a business or investment opportunity, or to seek donations. A service call or research call that includes marketing content is a telemarketing call.

Telemarketing Standard means the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017.

Wash means checking numbers against the DNCR through ACMA's register operator, and removing or flagging any registered number you may not call. The wash validity period is the period during which a wash result may be relied on, which is 30 days from the date of the wash.

Part B — Rules for every campaign

B1. Classification and purpose

1. a.

   Before launch, you must classify each campaign as telemarketing, research, service or mixed, and record its purpose. Any call or message with marketing content is treated as a telemarketing call or a commercial electronic message, whatever the campaign is called.

2. b.

   If you rely on an exemption (such as a designated telemarketing call by a registered charity under the DNCR Act), you must tell us before launch and keep evidence of it. The exemption does not cover the Telemarketing Standard.

B2. Lawful basis and consent

1. a.

   Before you contact anyone, you must have a lawful basis for each contact, purpose and channel. You must keep that basis current.

2. b.

   You must not make a telemarketing call to a number on the DNCR unless the account holder or their nominee has consented. The consent may be express or, where the law allows, inferred. A bot call that uses a synthetic voice is a voice call.

3. c.

   Any consent you rely on must:

   1. i.

      come from the account holder or their nominee, not merely from whoever supplied the number;

   2. ii.

      name your business, or describe it so clearly that the person would expect to hear from you;

   3. iii.

      cover the purpose and the channel, such as an AI call or an SMS;

   4. iv.

      be freely given and informed, and not obtained through pre-ticked boxes, hidden terms or misleading statements; and

   5. v.

      be current. It must not have been withdrawn or have expired, whether under its own terms or through the passage of time.

4. d.

   You may rely on inferred consent only where it can reasonably be inferred from the person's conduct and their relationship with you. You must record the facts you relied on.

5. e.

   Calls to numbers that are not on the DNCR are still subject to the Telemarketing Standard, APP 7, the ACL and your suppression list. If a third party collected the consent, clause D2 applies, and you must check that the consent covers your business, purpose and channel.

B3. Consent records

1. a.

   For each contact you make on the basis of consent, your consent record must show at least:

   1. i.

      who consented and, where known, that they were the account holder or nominee;

   2. ii.

      the numbers or addresses covered;

   3. iii.

      the date and time, with the time zone;

   4. iv.

      the source, such as a web address, form, advertisement or call recording;

   5. v.

      the exact wording shown or read, including the consent statement and the privacy collection notice;

   6. vi.

      each business named or described as able to make contact;

   7. vii.

      the scope: purpose, products, channels, duration and whether AI or automated calls are covered;

   8. viii.

      for online consent, the IP address, device or browser details and any session identifier;

   9. ix.

      for consent given on a call, the recording or transcript; and

   10. x.

       any later change, withdrawal or opt-out, with its date.

2. b.

   For other contacts, you must record the lawful basis you relied on.

3. c.

   You must keep consent records for as long as you rely on the consent and for at least 12 months after the last contact that relied on it, or longer if a law or industry rule requires. Keeping them is your responsibility; we do not keep them for you (clause E3).

4. d.

   You must give us consent and wash records we request in writing, electronically, within 5 business days, and use your best efforts to meet any shorter carrier or regulator deadline we tell you about. We will ask only for records reasonably relevant to a complaint, a carrier or regulator request, a review under clause B15 or a reasonable concern of breach.

5. e.

   If you cannot produce the consent record for a contact, you must stop relying on that consent. If records are missing for many contacts from one source, you must stop using that source until you have checked it, and clause B17 applies.

6. f.

   Platform recordings are deleted under your plan's retention settings. You must export any recordings you need to keep as consent records.

B4. Do Not Call Register washing

1. a.

   Before launching a telemarketing campaign, you must wash every number. You may call a registered number only if you hold a consent record that covers the call. Once the wash validity period ends, you must wash the number again before calling it.

2. b.

   You must wash using your own DNCR subscription or through a provider acting for you. You must keep wash records (date, subscription, numbers and results) for the period in clause E3.

3. c.

   We do not wash numbers for you unless we agree in writing to do so as a separate paid service (Customer Terms Schedule 2 clause 2.7(b)). Any wash integration is a tool under clause E1.

4. d.

   The DNCR Act does not restrict genuine research calls, service calls or messages. Your suppression list still applies to all of them.

B5. Suppression list and opt-outs

1. a.

   You must keep a suppression list and apply it to every campaign, sub-account, channel and brand you control on the platform.

2. b.

   Your bots must recognise opt-outs. If a contact opts out during a call, the bot must acknowledge it, stop marketing and end the call politely, unless the person wants to continue.

3. c.

   You must act on each opt-out. For calls, you must do so before any further call and within 5 business days. For electronic messages, you must do so within 5 business days (Spam Act).

4. d.

   You must treat an opt-out as covering all marketing in all channels, unless the person clearly limits it. You must not charge for an opt-out, ask the person to do more than tell you, or try to change their mind.

5. e.

   If someone asks where you got their information, you must tell them, unless APP 7 allows otherwise.

B6. Calling hours

1. a.

   You must make telemarketing calls only from 9am to 8pm on weekdays and from 9am to 5pm on Saturdays, in the recipient's local time, and not on Sundays or on any public holiday that applies where the recipient is located. This includes national public holidays and State, Territory and local public holidays in the recipient's location. A State or Territory public holiday in the recipient's location takes precedence over your own location's calendar.

2. b.

   You must make research calls only from 9am to 8:30pm on weekdays and from 9am to 5pm on weekends, in the recipient's local time, and not on any public holiday that applies where the recipient is located.

3. c.

   If you do not know where the recipient is, you must use the most cautious time zone that could reasonably apply. If the recipient says it is outside permitted hours where they are, you must end the call courteously.

4. d.

   You must make service calls at reasonable times. You must set each campaign's schedule, time zones and holiday calendar so that it complies. The platform's calling windows are a tool under clause E1.

B7. Caller ID

1. a.

   Caller ID must be enabled on every call. You must not withhold, block or hide it.

2. b.

   You may present only a valid, in-service number that the Numbering Plan and carrier requirements allow as a caller ID. It must be allocated to you, or to a business you call for that has authorised you in writing.

3. c.

   Each number you present on telemarketing or research calls must accept return calls for at least 30 days after the call. A person who calls the number must be told the name of the caller's employer (usually you), the purpose of the call and, for telemarketing, who authorised it. If your licence ends during this 30-day period, you must keep the number able to receive return calls for the rest of it, for example through your carrier's voicemail or a recorded message giving this information.

4. d.

   You must not:

   1. i.

      present someone else's number without their written authority, or present an unallocated or emergency number;

   2. ii.

      use a number to mislead anyone about who is calling or from where;

   3. iii.

      rotate or replace numbers to avoid blocking, spam labelling, complaint tracking, traceback or limits in these terms; or

   4. iv.

      use a number after being told it has been withdrawn, blocked or reallocated.

5. e.

   You may use several numbers in a campaign if each one complies. This clause applies whichever carrier you use, and Customer Terms clause 8.5 also applies.

B8. Call conduct and disclosures

1. a.

   At the start of each call, before any marketing, the bot or agent must do all of the following:

   1. i.

      give its name, your business name and the name of any business you are calling for;

   2. ii.

      say that it is an AI agent, as the AUP requires (see also Customer Terms clause 9A and Schedule 2 clause 2.8);

   3. iii.

      state the purpose of the call; and

   4. iv.

      give the recording notice required by clause B9(b).

2. b.

   If asked, the bot must confirm truthfully that it is an AI. It must never claim to be human, and it must give any other information the Telemarketing Standard requires on request. The bot must end the call immediately and courteously if the person asks or indicates they do not want to continue.

3. c.

   You must ensure that no bot or agent:

   1. i.

      makes false or misleading statements, including about who is calling and why, the terms of an offer, or any link with a government body, regulator or the person's provider; or

   2. ii.

      uses undue harassment, coercion, false urgency or high-pressure tactics.

4. d.

   Bots must recognise signs that a person may be vulnerable, such as confusion, distress, illness, cognitive impairment, language difficulty, hardship or being a minor. When those signs appear, the bot must stop selling, must not conclude a sale and must offer a callback or a transfer to a human. If you have set up human transfer, the bot must also offer it when the person asks or complains. If no human is available, the bot must offer a callback and record the request.

5. e.

   Where a call may lead to an unsolicited consumer agreement, you must comply with the ACL rules for those agreements. These include the required disclosures, the agreement document, the 10 business day cooling-off period, and the limits on supply and payment during that period.

B9. Recording and transcription

1. a.

   Recording and transcription settings for a campaign or batch are set before it starts. They cannot be changed while the campaign or batch is running, and recording cannot be stopped during a call.

2. b.

   If a call is recorded or transcribed, you must tell every party at the start of the call which of these happens and, where relevant, that AI analyses the conversation. You must give the same notice to each person who joins through a live transfer.

3. c.

   You must comply with the Telecommunications (Interception and Access) Act 1979 (Cth) and State and Territory surveillance and listening devices laws. Some require every party's consent, and covert recording may also found a claim under the statutory privacy tort.

4. d.

   If a person objects to recording, you must end the call courteously, because recording cannot be stopped during a call. You may offer to deal with them another way.

B10. Answering machines, voicemail and silent calls

1. a.

   You must not make silent calls. The bot must start speaking within 2 seconds of answer and must not hang up on a person without identifying your business and giving a return number. You are responsible for your answering machine detection settings. If a live transfer fails, the bot must say so and offer and record a callback.

2. b.

   A voicemail must identify your business, state the purpose of the call and give a return number that meets clause B7(c). It must not mislead (for example, by implying that you are returning a call) or disclose sensitive matters such as a debt. Each voicemail counts as an attempt.

3. c.

   Ringless voicemail requires our written approval.

B11. Attempt caps, pacing and limits

1. a.

   Unless we agree otherwise in writing, attempts to any one contact in telemarketing or debt collection campaigns are limited to 3 in any 24 hours. Every attempt counts, whether answered or not (including no answer, busy and voicemail), across all your campaigns and sub-accounts. Callbacks the contact asked for do not count.

2. b.

   Higher caps need our written approval, which we will give only where the higher cap is lawful and justified. Any stricter limit in a law or a guideline (such as the ACCC and ASIC Debt Collection Guideline) prevails.

3. c.

   Automatic redialling of unanswered, busy or voicemail calls (lead recycling) is turned off by default. If you turn it on, you must keep within clause B11(a) where it applies. We strongly recommend against repeated dialling of the same contact.

4. d.

   You must stay within your plan's concurrency limits and any calls-per-second or pacing limits that we or our carrier partners set. We may throttle traffic to meet those limits (Customer Terms clause 8.7 and AUP section 12(c)).

B12. List quality and automatic pauses

1. a.

   Contact lists must come from known, lawful sources. You must not dial sequential, random or range-generated numbers, or use scraped or harvested numbers. You must not use a purchased list without the consent records and checks that Part D requires.

2. b.

   You must load valid, de-duplicated numbers, with time zones where known. You must promptly remove numbers that are disconnected, invalid, wrong or repeatedly failing. After an invalid or unallocated result (such as a SIP 404), you must not call the number again unless the contact has confirmed it.

3. c.

   We may automatically pause a campaign (but not your account), as a step under clause B17(a)(iii) to which clauses B17(c) to B17(e) apply, if, over a rolling window of the last 1,000 attempts or 24 hours, whichever is shorter:

   1. i.

      more than 15% of attempts are invalid, unallocated or failed;

   2. ii.

      opt-outs exceed 2% of attempts, or there are 5 or more complaints in 24 hours; or

   3. iii.

      a carrier partner reports high volumes of invalid-number responses, very short calls, spam reports or suspected scam traffic from the campaign or its numbers.

4. d.

   We will tell you which threshold was reached. You may restart after cleaning the list and, if we ask, explaining the cause and the fix. If the campaign reaches a threshold again within 30 days, you need our approval to restart, which we will not unreasonably withhold or delay.

B13. Messaging campaigns

1. a.

   Commercial electronic messages need consent, which may be express or, where the Spam Act allows, inferred. Each message must identify the business that authorised it, give accurate contact details and include a functional unsubscribe that works for at least 30 days after the message is sent (for a message from an alphanumeric sender ID, a link or a number, not only a reply). You must honour an unsubscribe within 5 business days. You must not use harvested address lists or harvesting software.

2. b.

   From 1 July 2026, alphanumeric sender IDs must be registered on ACMA's SMS Sender ID Register. Messages from an unregistered ID may be marked "Unverified" or blocked. You may use only sender IDs registered for you or for the business you send for, and you must give us what we need to register or verify them. ACMA's guidance on the register is at https://www.acma.gov.au/sms-sender-id-register-user-guides-and-fact-sheets. If you send through a messaging provider, you must also follow that provider's sender ID and registration requirements (for example, Twilio's at https://www.twilio.com/en-us/guidelines). Messages to other countries must follow those countries' sender ID rules.

3. c.

   For WhatsApp, you must comply with Meta's WhatsApp Business policies and use approved templates for business-initiated messages. You may send free-form messages only within 24 hours of the person's last message. We are not responsible for Meta's actions on your account.

4. d.

   You must send messages at reasonable times. Customer Terms clause 8A applies.

B14. Industry overlays that need our approval

1. a.

   You need our prior written approval for campaigns involving:

   1. i.

      energy retail (explicit informed consent under the National Energy Retail Law);

   2. ii.

      financial products or insurance (the anti-hawking prohibition in the Corporations Act 2001 (Cth));

   3. iii.

      consumer credit (the National Consumer Credit Protection Act 2009 (Cth));

   4. iv.

      debt collection (the ACCC and ASIC Debt Collection Guideline and State licensing);

   5. v.

      health, therapeutic goods or health information (the Privacy Act sensitive information rules; the Health Records Act 2001 (Vic), the Health Records and Information Privacy Act 2002 (NSW) and the Health Records (Privacy and Access) Act 1997 (ACT); and the Therapeutic Goods Advertising Code);

   6. vi.

      charitable fundraising;

   7. vii.

      gambling, where the AUP allows it (political and electoral communications are not allowed: AUP section 5);

   8. viii.

      telecommunications products for consumers (the Telecommunications Consumer Protections Code (C628)); or

   9. ix.

      people likely to be vulnerable.

2. b.

   We will not unreasonably withhold or delay approval. We may ask for evidence of licences, scripts, consent flows and procedures, and set reasonable conditions. Material changes need fresh approval. We will not approve anything the AUP prohibits. Approval is not legal advice and does not confirm compliance.

B15. Launch confirmation and pre-launch review

1. a.

   By launching or scheduling a campaign, or letting it launch, you confirm that:

   1. i.

      you have classified it, recorded its purpose and approved its campaign design, scripts and prompts;

   2. ii.

      you have a lawful basis for each contact, and a consent record wherever you rely on consent;

   3. iii.

      you have washed the list where required and applied your suppression list;

   4. iv.

      it complies with clauses B6 to B14; and

   5. v.

      any leads from third parties meet the standards in clause D2.

      This expands the confirmation in Customer Terms Schedule 2 clause 2.9.

2. b.

   Before launch or after a material change, we may (but need not) review your scripts, prompts, consent flows and consent records, and a sample of your list. We may also require test calls, including to a number we nominate. A review is more likely for a first outbound campaign, a campaign of more than 10,000 contacts, a campaign under clause B14 or using purchased leads, and a restart after a pause.

3. c.

   We may refuse, delay or pause a launch if we reasonably believe your confirmation is wrong or incomplete, or that the campaign would breach these terms, the AUP or the law. We will tell you why and what to do, and we will act promptly once you have done it. Neither our review nor our decision not to review means we have approved the campaign's compliance.

B16. Complaints, regulator and carrier requests

1. a.

   You must handle complaints from contacts about your campaigns. That means keeping a complaints process and records, responding within a reasonable time, and telling complainants how to escalate (for example, to ACMA, the OAIC or an ombudsman).

2. b.

   We will promptly pass on complaints, requests and notices we receive about your campaigns, usually within 5 business days, with any information we can lawfully share. We may tell a complainant that your business made the call and how to reach you.

3. c.

   You must cooperate promptly and in good faith with us, our carrier partners and regulators (including ACMA, the OAIC and the ACCC), including on traceback under the Reducing Scam Calls and Scam SMs Industry Code (C661). You must give us information we request within 5 business days, or by any shorter carrier or regulator deadline we tell you about.

4. d.

   We may share information with carrier partners, other carriers in the call path and regulators where reasonably needed to respond to a lawful, traceback or complaint request, or to prevent scam or nuisance calls. That information may include your identity, campaign settings, caller IDs, call records, contact lists, consent records and recordings. We will share it only as the law allows, including the Privacy Act and Part 13 of the Telecommunications Act 1997 (Cth). We will tell you unless we are prevented from doing so. Customer Terms clause 15A does not restrict this.

5. e.

   You must tell us within 2 business days if you receive a regulator inquiry, warning or infringement notice, court proceedings, or a carrier notice about a number you use on the platform, concerning a campaign on the platform.

B17. Pausing and suspension: a staged response

1. a.

   If we reasonably believe that a campaign, number, sender ID or contact list breaches or is likely to breach these terms, the AUP or the law, or that a clause B12(c) threshold has been met, we will take the least disruptive step reasonably likely to resolve the problem. Usually, the steps are, in order:

   1. i.

      notice and a reasonable time to fix the problem;

   2. ii.

      throttling the campaign;

   3. iii.

      pausing the campaign, list, number or sender ID;

   4. iv.

      suspending your campaign features; and

   5. v.

      as a last resort, suspending your licence (Customer Terms clause 15.3) or ending it for breach (clause 15.2).

2. b.

   Apart from the automatic campaign pauses that clause B12(c) allows, we may act immediately only to the extent needed, on the grounds in Customer Terms clause 15.3(b). Examples include a scam or the targeting of vulnerable people, clearly unlawful activity at scale (such as spoofing, or calling DNCR numbers without consent or outside permitted hours), a carrier or regulator direction, and a carrier warning that it will block our traffic generally unless the activity stops.

3. c.

   We will tell you what we did, why we did it and what you need to do. Where practicable we will tell you before acting, and otherwise promptly afterwards, unless the law or a regulator prevents it. We will lift the measure promptly once the problem is fixed or not established, or once the direction ends.

4. d.

   You may contest our action, and we will respond in writing within 5 business days. Customer Terms clause 16A applies to disputes.

5. e.

   Customer Terms clause 15.3 applies to pauses and suspensions under this clause, including that we are not liable for a pause or suspension we reasonably believed was justified, and that we do not charge plan fees for any period that turns out to be unjustified. We remain liable for our own breach of these terms.

Part C — Numbers and carriers

C1. Customer Terms clause 8 governs your phone numbers and carriage, whichever carrier you use, including caller ID (clause 8.5), no emergency calls (clause 8.6), carrier directions and blocking (clause 8.7) and carrier charges (clause 8.8). You must also comply with carrier requirements and the return-call rule in clause B7(c).

Part D — Leads, calls and live transfers

D1. Application and our role

1. a.

   This Part applies when you use the platform in a lead transaction, for example where:

   1. i.

      you buy, source or receive leads or calls from a third party (such as a lead generator, publisher or affiliate) and contact those people using the platform; or

   2. ii.

      you generate leads or calls using the platform and sell, supply, deliver or live-transfer them to a third party.

2. b.

   We do not supply, sell, buy or broker leads, calls or contact lists. In a lead transaction we act only as your platform provider. We are not a party to your lead transactions, we do not check the third parties you deal with or their leads and consents, and we are not responsible for what they do.

3. c.

   The same standards apply whether you are the buyer or the seller. Your contracts with third parties must include terms at least as protective as clauses D2 to D5.

D2. Leads you use: source and consent standards

Before you contact anyone from a lead you obtained from a third party, you must make sure that:

1. a.

   lawfully generated: the lead relates to a person or business in Australia and was generated in compliance with Australian law, including the DNCR Act, the Telemarketing Standard, the Spam Act, the Privacy Act and the ACL;

2. b.

   consent covers you: the person consented to be contacted by your business (named, or described so clearly that the person would expect the contact) for the purpose and by the channel you will use, including AI calls where relevant, and has not withdrawn that consent;

3. c.

   no incentivised, coerced or misleading sign-ups: consent was not obtained through pre-ticked boxes, compulsory bundling, misleading statements (such as false rebate claims) or undisclosed incentives;

4. d.

   not recycled: the lead has not been resold without consent or supplied to more businesses than the consent allows;

5. e.

   current: you first use the lead within 30 days after the consent was given, unless the person has expressly consented to ongoing contact from your business (for example, about upgrades, marketing or other communications) and has not withdrawn that consent;

6. f.

   known sources: you know which traffic sources the lead came from;

7. g.

   APP 5 notice: when the information was collected, the person was told that it would go to your business (or a clearly described class of businesses that includes yours) and why;

8. h.

   consent records: you hold, or can obtain from the seller within 5 business days, a consent record that meets clause B3; and

9. i.

   no fraud: the lead is not fraudulent or artificial (for example, bot traffic, automated form fills, call-generation software or spoofed caller ID).

You must stop using a lead source if you cannot obtain consent records from it when asked, or if its leads repeatedly fail these standards. Clause B12(a) also applies.

D3. Leads and calls you supply or transfer to others

If you use the platform to generate, supply, deliver or live-transfer leads or calls to a third party:

1. a.

   the leads and calls must meet the standards in clause D2 as if the third party were using them, including consent that covers the third party;

2. b.

   for a live transfer, you must confirm the person's interest, tell them that they are being transferred to the named business, get their agreement, and make the original call in compliance with Part B;

3. c.

   you must give each person on a transferred call any recording, transcription and AI notice that clause B9 requires; and

4. d.

   you must pass opt-outs, access and correction requests and complaints to the third party, and act on those it passes to you, within 5 business days.

D4. Your contracts with lead sellers and buyers

Your contracts with the third parties you buy leads from, or supply leads or calls to, must:

1. a.

   require the seller to meet the standards in clause D2 and to produce consent records within 5 business days of a request;

2. b.

   give the buyer a right to check traffic sources, consent records, forms, advertisements and scripts;

3. c.

   require each party to comply with the Privacy Act, the DNCR Act, the Telemarketing Standard and the Spam Act, and to pass on opt-outs and complaints promptly; and

4. d.

   deal with data security and data breach notification for lead data.

We are not a party to those contracts and have no liability under them.

D5. Privacy and data security for lead data

1. a.

   You are responsible for your own compliance with the Privacy Act and the APPs for lead data. Where we handle lead data on the platform, Customer Terms clause 12.3 and Schedule 3 apply, and we act on your instructions.

2. b.

   A business that discloses or collects personal information for a benefit, service or advantage generally cannot rely on the small business exemption in the Privacy Act. If you buy or sell leads, you must comply with the APPs for lead data even if you would otherwise be exempt.

3. c.

   You must take reasonable steps to protect lead data (APP 11), must not send it offshore unless APP 8 is met, and must return or securely destroy it when you no longer need it, except records you must keep under clause E3 or the law.

D6. Records and your responsibility

1. a.

   You must keep records of each lead transaction, including traffic sources, consent records, delivery and transfer logs and recordings, for the periods in clause E3, and give them to us within 5 business days if we ask under clause B3(d) or B16.

2. b.

   You are responsible for your lead transactions and for the third parties you deal with. Customer Terms Schedule 2 clause 3, and its safeguards, apply to loss we suffer because of your breach of this Part. We are not liable for what third parties do or fail to do in their lead transactions with you.

Part E — General

E1. Our role and responsibility

1. a.

   We do not have to review, monitor or approve your campaigns for compliance. Any review we carry out (such as under clause B15) is for our own risk management. It is not advice and does not confirm compliance. We do not give legal advice (Customer Terms clause 10.3).

2. b.

   Platform tools are aids. Depending on your plan, they include calling windows, holiday calendars and time-zone settings, suppression lists, attempt and redial settings, answering machine detection, opt-out detection, consent fields, wash integrations and pause thresholds. Calling windows and holiday calendars are built in, but you must set them up and turn them on for each campaign, because the platform does not know where your contacts are or which hours and holidays apply to them. We strongly encourage you to use every platform tool that suits your business. The tools depend on your settings and data, and they do not guarantee compliance. You must check your settings and results.

3. c.

   We may monitor, sample and analyse campaign activity, including recordings and transcripts, as our Privacy Policy and Customer Terms Schedule 3 allow, to detect abuse and meet our own obligations, and we may act under clause B17. Knowing of a problem does not make us responsible for your compliance.

4. d.

   We will comply with the laws that apply to us and with these terms. This includes operating the compliance tools with reasonable care and skill, passing on complaints and opt-outs we receive, and following clause B17.

E2. Your indemnity

1. a.

   Customer Terms Schedule 2 clause 3 applies to these terms, as does clause 2.7(c) for client-supplied data. Your indemnity covers only the covered amounts listed in clause 3(a) of that Schedule (third-party claims, fines and regulator costs, carrier charges and reasonable legal costs), and only to the extent they are actually caused by your actual breach of these terms, your failure to comply with a law in a campaign, or your content or campaigns, to the extent they breach a law or a third party's rights.

2. b.

   The safeguards in that clause apply:

   1. i.

      you are not liable for a breach that is only alleged;

   2. ii.

      you are liable for fines, penalties and investigation costs only where your actual breach caused them and the law allows;

   3. iii.

      your liability is reduced to the extent we contributed to the loss; and

   4. iv.

      we must mitigate our loss, tell you promptly about any claim and not settle it without your consent, which you must not unreasonably withhold or delay.

3. c.

   Neither of us may recover the same loss twice. Nothing in these terms makes you liable for our own breach.

E3. Records retention summary

1. a.

   You are responsible for keeping your own records. We are a platform provider. Apart from the records the table below shows we keep, and our own billing records, we keep your data only so that you can use and export it while your workspace is active, for the retention period of your plan. We do not keep records for you long term, and we do not keep them to meet your record-keeping obligations.

2. b.

   You must export and keep any records you need, for as long as you need them or a law, regulator or industry rule requires. For example, some laws require records to be kept for up to 7 years.

3. c.

   When your licence ends, Customer Terms clause 15.7 applies. After the export period it allows, we delete or de-identify your data as that clause describes, including call recordings, transcripts, call detail records and campaign records.

4. d.

   We keep our own invoices and billing records as tax and corporations laws require. They are not a substitute for your records.

5. e.

   The periods below for records you keep are minimums. A law or an industry rule may require longer.

E4. Changes, survival and contact

1. a.

   We may change these terms only under Customer Terms clause 14. That clause requires 30 days' email notice of materially adverse changes and gives you the right to leave with a refund. Urgent changes required by law, a regulator or a carrier may take effect sooner if clause 14 allows. The commercial terms of a signed Order Form change only by written agreement.

2. b.

   Clauses B3, B16, D5, D6, E2 and E3 survive the end of a campaign or licence for as long as needed.

3. c.

   Contacts:

   1. i.

      general enquiries: hello@inspra.ai or 1300 INSPRA (1300 467 772);

   2. ii.

      legal notices (Customer Terms clause 16): hello@inspra.ai with "Important Legal Notice" in the subject line, or post to Level 10, 3 Bowen Crescent, Melbourne VIC 3004;

   3. iii.

      complaints about calls or messages, abuse reports and unwanted calls: report-dnc@inspra.ai;

   4. iv.

      privacy: compliance-officer@inspra.ai, attention Privacy Officer; and

   5. v.

      legal documents: https://inspra.ai/legal.