WildJar Terms and Conditions

1. About These Terms
‍1.1  These Terms and Conditions of Service (Terms) apply to all services provided by WildJar Pty Ltd (ABN 84 611 323 758), including its associates, related parties, successors and assigns (collectively referred to as WILDJAR, we, us or our), to any individual or entity in Australia accessing or using the Services (referred to as Customer, you or your).
1.2  These Terms form part of, and should be read alongside, WILDJAR’s Privacy Policy (available at www.wildjar.com/privacy-policy), which sets out how we collect, use and protect personal data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. In the event of any inconsistency between these Terms and the Privacy Policy, these Terms will prevail to the extent of any inconsistency relating to service obligations.
1.3  By signing these Terms or accessing the Services, you confirm that you have read, understood and agree to be bound by them. If you do not agree, you must not use the Services.
1.4  We may update these Terms from time to time. We will notify you of any material changes by email or through the platform. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
‍
2. Definitions
‍In these Terms, the following words have the following meanings:
‍Advanced Call Routing Service: The service that enables the routing of Incoming Calls to the appropriate destination based on a Calling Party’s phone number, location, or postcode input.
‍AI Outputs: Any transcripts, summaries, sentiment scores, keyword tags, call scores, action points or other data generated by WildJar AI.
‍Call Alert Lead Notifications: The service that records and notifies you of missed or answered Incoming Call information, including caller details, source, lead type, and voicemail recordings where left by the Calling Party.
‍Call Flow Service: The drag-and-drop call routing interface that enables you to configure and manage how Incoming Calls are handled and routed within the platform.
‍Call Recording Service: The service that enables Recordings of Incoming Calls to be made and stored.
‍Call Tracking Service: The service that enables tracking of Incoming Call information, including the Calling Party’s details, advertising source, call duration and call history.
‍Calling Party: A person who places an Incoming Call to you using the Services.
‍Carrier: The third-party Australian telecommunications carrier that operates the Network.
‍Data: Any and all information procured, collected or compiled by WILDJAR in relation to a Calling Party or your use of the Services, including call logs, call activity reports, advertising source data and Personal Information.
‍GST: Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
‍Incoming Call: A telephone call received by you through use of the Services.
‍Interactive Voice Response (IVR) Service: The service comprising a system for routing Incoming Calls or providing recorded information to Calling Parties, including hold messages and automated prompts.
‍Network: The Australian telecommunications network operated by the Carrier through which WILDJAR supplies the Services.
‍Outbound Call Service: The service that enables you to make and track outbound telephone calls through the WILDJAR platform.
‍Personal Information: Information that identifies or could reasonably identify a Calling Party, including but not limited to their phone number, name, address and email address, as defined under the Privacy Act 1988 (Cth).
‍Phone Number: A WILDJAR telephone number made available to you as part of the Services.
‍Recording: An audio recording of an Incoming Call made using the Call Recording Service.
‍Services: The services supplied by WILDJAR under these Terms, which include:
Call Tracking Service
Call Recording Service
Advanced Call Routing Service
Interactive Voice Response (IVR) Service
Call Alert Lead Notifications
WildJar AI
SMS Services
Outbound Call Service
Call Flow Service
API Access
Any other services WILDJAR may offer from time to time
‍SMS Services: The messaging services provided by WILDJAR, including SMS, MMS, RCS (where available), two-way messaging, bulk SMS campaigns, automated SMS notifications, SMS follow-up, and access to the WILDJAR SMS API.
‍Website: WILDJAR’s website at www.wildjar.com, the platform at app.wildjar.com, and any other platform, application or service through which the Services are accessed.
‍White Label Services: The reselling or rebranding of the Services by you to your own end clients under your own brand, where approved in writing by WILDJAR.
‍WildJar AI: WILDJAR’s suite of artificial intelligence services, including speech-to-text transcription of Recordings, automated call summarisation, sentiment analysis, keyword spotting and tagging, call scoring, and any other AI-powered features as WILDJAR may offer from time to time.
‍
3. Provision of Services
‍3.1  In supplying the Services, WILDJAR will provide you with:
1. A Phone Number through which the Services will be accessed, forming part of the Network;
2. Equipment and infrastructure that WILDJAR considers appropriate and necessary to deliver the Services;
3.Reasonable technical and customer support as WILDJAR deems appropriate.
3.2  Any new features, services, content or applications made available by WILDJAR from time to time will be subject to these Terms, unless we notify you otherwise.
3.3  WILDJAR will use reasonable endeavours to ensure the Services are available at all times. However, we do not guarantee uninterrupted availability and may perform scheduled or emergency maintenance from time to time. Where possible, we will provide reasonable advance notice of planned outages.
3.4  WILDJAR may, from time to time, modify, enhance or update the Services or any related equipment. We will aim to give you reasonable notice of material changes that may affect your use of the Services.
‍
4. Phone Numbers
‍4.1  Phone Numbers made available to you by WILDJAR are provided solely in connection with the supply of the Services and form part of those Services.
4.2  All Phone Numbers remain the property of WILDJAR at all times, including upon expiry or termination of your account or these Terms.
4.3  You may request to port a Phone Number to an alternative service provider, Carrier or Network. Porting requests are subject to WILDJAR’s prior written consent, which WILDJAR reserves the right to withhold. Where WILDJAR consents to a porting request, a porting fee of $60.00 (AUD) per Phone Number will apply, payable prior to the port being processed.
4.4  WILDJAR may, without notice or liability to you, discontinue or modify any Phone Number at any time, including where required by a Carrier, Network requirements, or to comply with any statutory, regulatory or legal obligation. In such cases:You must accept any new or modified Phone Number issued by WILDJAR, unless these Terms have been terminated in accordance with clause 11;WILDJAR will endeavour to provide you with written notice of any such discontinuance or modification as soon as reasonably practicable; andYou have no claim against WILDJAR for any loss or damage resulting from such discontinuance or modification.
‍
5. Your Obligations
‍5.1  In using the Services, you agree that you will:Only use the Services for your own legitimate business purposes;Not use the Services in any way that is unlawful, abusive, harmful, threatening, defamatory, or that infringes the intellectual property rights of any third party;Not interfere with or disrupt the stability, operation or integrity of the Network;Not re-supply, resell, chain or group the Services in any way without WILDJAR’s prior written consent (see clause 9 for White Label terms);Keep your account credentials confidential and notify WILDJAR immediately of any unauthorised access or suspected breach of security;Be responsible for all activity that occurs under your account, whether or not authorised by you; andCo-operate with WILDJAR in relation to any complaints, enquiries or investigations connected with the Services, and meet any reasonable costs associated with such matters at WILDJAR’s direction.
5.2  You must ensure that any employees, contractors, agents or other persons who access or use the Services on your behalf are aware of, and comply with, these Terms.
‍
6. Call Recordings and Personal Information
‍6.1  When you enable the Call Recording Service, you are requesting WILDJAR to record the full length of each Incoming Call received through your Phone Number, and to collect Personal Information about the Calling Party on your behalf.
6.2  By using the Call Recording Service, you agree that:You authorise WILDJAR to make Recordings and collect Personal Information as your agent, including Caller Line Identification data;Prior to any Recording commencing, you must ensure the Calling Party is informed that their call may be recorded. You may do this by either:Authorising WILDJAR to play a pre-call voice message notifying the Calling Party of the Recording; orMaking your own arrangements to provide the required notification in accordance with applicable law;All Recordings are stored by WILDJAR for a period of twelve (12) months from the date of the call. After this period, or upon cancellation of your account, Recordings will no longer be accessible and WILDJAR will have no liability for failure to retain them beyond this period;All Personal Information collected through the Services must be handled by you in compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Telecommunications Act 1997 (Cth), and the Telecommunications (Interception and Access) Act 1979 (Cth);You must inform your staff that their conversations with Calling Parties may be recorded through the Services; andWILDJAR has no liability for how you, your staff, agents or authorised representatives use or rely on Recordings or Personal Information collected through the Services.
‍
7. WildJar AI
‍7.1  WildJar AI is an optional feature that uses artificial intelligence to transcribe, analyse and summarise your Recordings. When enabled, WildJar AI will automatically process your Recordings to produce AI Outputs including transcripts, sentiment scores, keyword tags, call scores and call summaries.
7.2  By enabling WildJar AI, you agree that:AI Outputs are generated by automated processes and may not always be accurate, complete or error-free. You must not rely solely on AI Outputs for any decision that carries legal, financial, regulatory or other significant consequence;AI Outputs are stored by WILDJAR for the same period as the associated Recording (twelve (12) months), after which they will no longer be accessible;You are responsible for ensuring that your use and sharing of AI Outputs — including transcripts shared with your employees, clients or third-party tools — complies with the Privacy Act 1988 (Cth) and all other applicable Australian laws;By enabling WildJar AI, you confirm that you have ensured (or will ensure) that Calling Parties are appropriately notified that their call may be transcribed and analysed using AI, consistent with your obligations under clause 6.2(b); andWILDJAR has no liability for how you or your authorised representatives use or rely on AI Outputs, or for any decisions made in reliance on them.
7.3  WildJar AI may be updated or enhanced from time to time. The accuracy, features and availability of WildJar AI may change without notice, and WILDJAR makes no warranty as to the performance of any AI feature.
‍
8. SMS Services
‍8.1  WILDJAR’s SMS Services allow you to send and receive SMS, MMS and, where available, RCS messages, including bulk campaigns, automated notifications, two-way messaging and SMS follow-ups, via the WILDJAR platform or API.
8.2  In using the SMS Services, you agree that:You will only send messages to recipients who have given their express consent to receive messages from you, in accordance with the Spam Act 2003 (Cth) and the Australian Communications and Media Authority (ACMA) guidelines;Every commercial message sent through the SMS Services must include a clear and functional opt-out mechanism (for example, ‘Reply STOP to unsubscribe’), and you must promptly honour all opt-out requests;You must not use the SMS Services to send spam, unsolicited messages, unlawful content, or messages that are abusive, deceptive, misleading or otherwise in breach of the Spam Act 2003 (Cth) or any other applicable law;WILDJAR may suspend or terminate your access to the SMS Services immediately if we reasonably believe you are in breach of this clause or applicable messaging laws; andYou are solely responsible for the content of all messages sent using the SMS Services and you indemnify WILDJAR against any claim, loss or liability arising from your use of the SMS Services.
8.3  SMS Services are charged on a per-message basis in accordance with WILDJAR’s current rate schedule. Rates may vary by message type (SMS, MMS, RCS) and are subject to change with reasonable notice.
‍
9. White Label and Reseller Arrangements
‍9.1  WILDJAR offers White Label Services that allow approved customers to resell or rebrand the Services under their own brand identity. Access to White Label Services requires WILDJAR’s prior written approval.
9.2  If you are approved to offer White Label Services, you agree that:You remain at all times primarily and directly responsible for compliance with all obligations under these Terms, regardless of how you structure your arrangement with your end clients;You must ensure that all of your end clients are made aware of, and agree to, obligations equivalent to those set out in these Terms, including in relation to call recording consent, SMS compliance, data protection and acceptable use;You must not represent to your end clients that WILDJAR is the provider of the Services without WILDJAR’s prior written consent;You must not use the WILDJAR brand, logo or trademarks without WILDJAR’s prior written approval, and any approved use must be in accordance with WILDJAR’s brand guidelines; andYou accept full liability for the acts and omissions of your end clients in relation to the Services, and you indemnify WILDJAR against any claim, loss, cost or liability arising from your end clients’ use of the Services.
9.3  WILDJAR reserves the right to audit your compliance with this clause and to withdraw White Label approval at any time with reasonable notice if WILDJAR determines that you are not meeting these obligations.
‍
10. API Access
‍10.1  WILDJAR provides API access to allow you to integrate WILDJAR data and functionality into your own platforms, tools and workflows.
10.2  In using the API, you agree that:You will access the API only for legitimate business purposes connected to your use of the Services;You must not use the API in any way that could damage, overload or impair the WILDJAR platform or infrastructure;WILDJAR may impose rate limits or usage restrictions on API access at any time, and may suspend API access if we reasonably believe misuse is occurring; andWILDJAR has no liability for the performance of any applications, integrations or workflows that you build using the API, or for any loss or damage resulting from changes to the API.
10.3  WILDJAR may update or deprecate API endpoints from time to time. Where possible, we will provide reasonable advance notice of breaking changes.
‍
11. Billing and Payment
‍11.1  You will be charged for the Services in accordance with WILDJAR’s rate schedule as published or notified from time to time. All charges are exclusive of GST unless stated otherwise.
11.2  Payment is due by the date specified on your invoice. If you fail to pay by the due date, WILDJAR may, without limiting any other rights:Charge interest at the rate of 10% per annum, calculated daily on all overdue amounts until paid in full;Charge a reasonable administrative fee for costs associated with recovering the overdue amount;Suspend or cancel your account or Phone Numbers;Terminate any agreement between you and WILDJAR and demand immediate payment of all amounts owing;Cancel any rebate, discount or allowance that would otherwise have applied; andCommence debt recovery proceedings at your cost.
11.3  You may not set off or deduct any amounts owed by you to WILDJAR, regardless of any dispute or counter-claim you may have.
11.4  Phone number porting fees ($60.00 AUD per number) are payable in advance and are non-refundable once the porting process has been initiated.
‍
12. Third-Party Integrations
‍12.1  The Services integrate with a range of third-party platforms, including Google Analytics, Google Ads, Microsoft Ads, Slack, Zapier and various CRM systems. By connecting these integrations, you authorise WILDJAR to transmit relevant data to and from those platforms on your behalf.
12.2  You are responsible for reviewing and complying with the terms, privacy policies and data handling practices of any third-party platform you connect to the Services.
12.3  WILDJAR has no control over third-party platforms and accepts no liability for any disruption, change, loss or damage caused by or arising from a third-party platform, including any changes to APIs, integrations or data-sharing arrangements made by third parties.
12.4  WILDJAR’s use of information received from Google APIs will adhere to the Google API Services User Data Policy, including Limited Use requirements.
‍
13. Data and Confidentiality
‍13.1  WILDJAR will maintain the confidentiality of your data and will not share it with third parties except as set out in these Terms or our Privacy Policy.
13.2  WILDJAR may use anonymised or aggregated data derived from the Services for internal research, product development and analytics purposes, provided such data cannot be used to identify you or any Calling Party.
13.3  For full details of how WILDJAR collects, uses, stores and protects personal data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, please refer to our Privacy Policy at www.wildjar.com/privacy-policy.
‍
14. Intellectual Property
‍14.1  All intellectual property rights in the Services, the platform, WildJar AI, the Website, software, algorithms, data models, documentation and any derivative works thereof (collectively, Works) belong to WILDJAR and are protected under the Copyright Act 1968 (Cth) and other applicable Australian intellectual property laws.
14.2  You must not, without WILDJAR’s prior written consent:Copy, reproduce, modify, distribute or create derivative works from the Works;Sell, sublicense or otherwise make the Works available to any third party (except as permitted under clause 9 for White Label arrangements); orReverse engineer, decompile or attempt to extract the source code of any part of the platform or Services.
14.3  Nothing in these Terms transfers any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable licence to access and use the Services for your own business purposes during the term of these Terms.
‍
15. Compliance with Laws
‍15.1  You are responsible for ensuring that your use of the Services complies at all times with all applicable Australian laws and regulations, including:Telecommunications Act 1997 (Cth)Telecommunications (Interception and Access) Act 1979 (Cth)Privacy Act 1988 (Cth) and the Australian Privacy PrinciplesSpam Act 2003 (Cth)Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth))Any applicable ACMA guidelines and regulatory instruments.
15.2  You are solely responsible for obtaining any required consents from Calling Parties in connection with Recordings, WildJar AI transcription and data collection, and for providing any required disclosures or notifications under applicable law.
15.3  WILDJAR has no obligation to advise you on legal compliance. You agree to indemnify and hold WILDJAR harmless from any claim, loss, penalty or liability arising from your failure to comply with applicable laws in your use of the Services.
‍
16. Limitation of Liability
‍16.1  To the fullest extent permitted by the Australian Consumer Law and any other applicable law, WILDJAR excludes all implied conditions, warranties and representations, including any implied warranty of merchantability, fitness for a particular purpose, or that the Services will be uninterrupted or error-free.
16.2  Where the Australian Consumer Law applies and cannot be excluded, WILDJAR’s liability for a failure to comply with a consumer guarantee is limited to the resupply of the Services or the payment of the cost of having the Services resupplied, at WILDJAR’s election.
16.3  Subject to clause 16.2, WILDJAR will not be liable to you under any circumstances for any indirect, incidental, special or consequential loss, including loss of profits, revenue, business, data or goodwill, whether arising in contract, tort (including negligence) or otherwise.
‍
17. Indemnity
‍17.1  You agree to indemnify WILDJAR and hold it harmless from and against any claims, demands, liabilities, losses, costs and expenses (including reasonable legal costs) arising out of or in connection with:Any breach by you of these Terms;Your use or misuse of the Services, including any non-compliant use of Recordings, AI Outputs, SMS Services or Personal Information;Any claim by a Calling Party or end client arising from your use of the Services; andAny unauthorised re-supply or use of the Services by a third party enabled by you.
‍
18. Term and Termination
‍18.1  These Terms commence on the date you sign this document or first access the Services (whichever is earlier) and continue until terminated.
18.2  Either party may terminate these Terms by giving 30 days’ written notice to the other.
18.3  WILDJAR may immediately suspend or terminate your access to the Services if:You breach any of your obligations under these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice;You fail to pay any invoice by the due date;You become insolvent, enter administration, or cease to carry on business in the normal course; orWILDJAR’s right to provide the Services, or the Carrier’s right to provide access to the Network, ceases or is materially interrupted for any reason.
18.4  These Terms will automatically and immediately terminate if WILDJAR’s right to provide the Services ceases entirely for any reason.
18.5  On termination, you must cease all use of the Services. Clauses that by their nature should survive termination (including clauses relating to intellectual property, indemnity, limitation of liability and confidentiality) will continue to apply after termination.
‍
19. General
‍19.1  Entire Agreement. These Terms, together with the Privacy Policy and any schedules or documents expressly incorporated by reference, constitute the entire agreement between you and WILDJAR in relation to the Services and supersede all prior agreements, representations and understandings.
19.2  Variations. WILDJAR may update these Terms from time to time. We will give you reasonable notice of material changes. Continued use of the Services after changes take effect constitutes acceptance.
19.3  Waiver. A failure by WILDJAR to enforce any provision of these Terms does not constitute a waiver of WILDJAR’s right to enforce that provision at a later time.
19.4  Severability. If any provision of these Terms is found by a court to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and all other provisions will remain in full force and effect.
19.5  Assignment. You may not assign or transfer your rights or obligations under these Terms without WILDJAR’s prior written consent. WILDJAR may assign its rights and obligations to a related body corporate or in connection with a business sale or restructure.
19.6  No Agency. Nothing in these Terms creates an agency, partnership, joint venture or employment relationship between you and WILDJAR, except as expressly stated in clause 6 in relation to the collection of Recordings and Personal Information on your behalf.
‍
20. Governing Law and Jurisdiction
‍20.1  These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.
20.2  Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and the courts of appeal from them in respect of any dispute arising out of or in connection with these Terms.