Terms of Service

These Terms of Service are an agreement between you — the business that holds the Nimble account — and Michael Louis Russo trading as Nimble AI, ABN 47 795 081 403 (we, us, Nimble).

They apply when you create an account, and for as long as you use the service. Our Privacy Policy and Acceptable Use Policy form part of this agreement. If you do not accept them, do not use Nimble.

To open an account you must:

• Be at least 18 years old.
• Be using Nimble for a business, not as a consumer.
• Have authority to enter this agreement on behalf of that business.
• Give us accurate account and business details and keep them up to date.

Nimble is built for Australian businesses and is designed around Australian phone numbers, time zones and law.

Nimble is an AI phone receptionist. When you forward your business line to your Nimble number, Nimble:

• Answers inbound calls in the voice and with the greeting you configure.
• Records calls — this is on by default — and plays callers a spoken recording notice.
• Transcribes calls and runs AI analysis over them to produce summaries, intent and outcomes.
• Captures caller details and job details and stores them as customer records.
• Books appointments into a Google or Outlook calendar you connect.
• Sends SMS confirmations and reminders to your customers.
• Builds a knowledge base by scanning your public business website, so it can answer questions about you.

You are responsible for everything that happens under your account. Keep your password confidential, use a strong and unique one, and tell us promptly at support@nimbleai.com.au if you believe your account has been accessed without your permission.

If you invite team members, you are responsible for their use of Nimble and for removing their access when they leave.

You must own or be authorised to control any phone number you forward to Nimble or configure as a transfer destination. You are responsible for arranging the forwarding with your carrier and for any charges they apply.

Call carriage is provided through our telephony provider. Call quality, connectivity and delivery depend on that provider and on the networks between your caller and us, which are outside our control.

Recording phone calls in Australia is regulated by state and territory surveillance devices and listening devices laws, and those laws differ between states. Requirements for notice, consent, and what you may do with a recording afterwards are not the same everywhere.

You warrant that you have the right to record, store and have us process every call handled through your account, and that you have given the people you speak to any notice the Privacy Act and state recording laws require.

As between you and us, you own your call recordings, transcripts, customer records, knowledge base and account content (Your Data).

You grant us a non-exclusive licence to host, store, transmit, transcribe, analyse and otherwise process Your Data, and to disclose it to the providers named in our Privacy Policy, for the purpose of operating the service for you, supporting you and meeting our legal obligations.

You are the organisation with the direct relationship with the people who ring you. You are responsible for your own obligations to them under the Privacy Act 1988 (Cth), including having your own privacy policy, collecting their information lawfully and fairly, and responding to their requests about it.

Nimble uses AI models. AI output can be inaccurate, incomplete or plainly wrong. Call summaries, intent labels, outcomes, transcripts and the answers the receptionist gives callers are generated automatically and are not verified by a person.

• Check bookings before you rely on them. A misheard address or time is your risk to catch.
• Read the transcript or listen to the recording before you act on anything important.
• The knowledge base is built from your own website. If your website is out of date, the receptionist will repeat what is on it. Review and edit the knowledge base after a scan.
• You are responsible for what the receptionist tells your customers on your behalf, including anything it says about price, availability or scope of work.

Nimble sends SMS messages to your customers at your direction, using our messaging provider. Those messages are sent on your behalf and for your business.

The Spam Act 2003 (Cth) regulates commercial electronic messages sent to Australian numbers. Broadly, it requires consent, accurate identification of the sender, and a functional unsubscribe facility for marketing messages.

• You must ensure you have the consent required for the messages sent through your account, whether express or reasonably inferred.
• You must not use Nimble to send unsolicited marketing, promotional campaigns or bulk messaging.
• Confirmations and reminders about a job the customer asked you to do are intended to be functional messages about a transaction the customer initiated. Whether a particular message is caught by the Spam Act depends on its content and context, and that is your responsibility to assess.
• You must honour any request from a customer to stop messaging them.

Breaching the Spam Act can attract significant penalties from the Australian Communications and Media Authority. We may suspend messaging on your account if we believe it is being used unlawfully.

If you connect Google Calendar or Microsoft Outlook, you authorise Nimble to read your availability and create, update and cancel events on your behalf. You can disconnect at any time from the integrations page.

Nimble books what a caller asks for based on the availability it can see. It cannot know about commitments that are not in the connected calendar. Double bookings, travel time and job duration remain your responsibility to manage, and you should confirm appointments with your customers.

Your plan, its inclusions and any usage charges are those shown on our website or in the app when you choose the plan. You can pay monthly or yearly; a yearly plan costs ten months’ price. Prices are in Australian dollars. GST is not charged, as we are not registered for GST; if that changes we will tell you before prices include it.

• New accounts start with a 14-day free trial, one per account. We take your card when you choose a plan and charge nothing during the trial. The trial includes up to 60 call minutes and 20 texts (an email reply counts as a text): once the minutes are used, Nimble takes messages on calls instead of answering normally, and once the texts are used no more are sent, until the trial ends. Your plan starts and your first payment is taken automatically when the trial ends unless you cancel before then. Our payment provider, Stripe, emails you a reminder 7 days before it ends.
• Your plan renews automatically at the end of each billing period, and the fee for the next period is charged in advance, until you cancel.
• Usage above your plan’s inclusions — call minutes and texts — is charged at your plan’s rates in arrears. Usage is counted monthly. On a monthly plan it is added to your next renewal invoice; on a yearly plan each month’s extra usage is billed on its own invoice. When your plan ends, any extra usage from your last period is charged to your saved card on a final invoice.
• You can set a monthly cap on extra usage in Settings → Billing. Once extra charges reach it, Nimble takes messages instead of answering normally, and stops sending texts, until your next billing period.
• You can move between plans, and between monthly and yearly billing, from Settings → Billing → Manage billing. Moving to a bigger plan takes effect straight away, with a prorated charge for the rest of the period. Moving to a smaller plan, or from yearly to monthly billing, takes effect at the end of the period you have paid for. Anything the new plan does not include switches off when the change takes effect. Changing plan during the free trial keeps the trial. A plan with a tailored price, or one paid by invoice, is changed by contacting us.
• Card payments are processed by Stripe. We do not see or store your full card details. Receipts, renewal reminders and expiring-card notices are emailed by Stripe, and charges appear on your card statement as NIMBLEAI.COM.AU. A custom plan may instead be billed by emailed invoice, payable within 14 days.
• If a card payment fails, Stripe emails you and retries it automatically — up to 8 times over about two weeks — and Nimble keeps answering normally while it does. If it still cannot be collected after the last retry, your account is suspended: Nimble takes messages for you but does not otherwise answer, book or transfer calls, and does not send texts, until the amount is paid.
• Accounts opened before paid plans were introduced (“Early access”) are not charged and have the Scale plan’s features. We will tell you before that changes.
• We may change our prices on at least 30 days’ notice. If you pay yearly, your price is fixed for the year you have paid for, and any price change applies from your next renewal. If you pay monthly, a price change applies no sooner than 30 days after we tell you. If you do not accept a price change you may cancel before it takes effect.

Fees already paid are non-refundable, except where the law requires otherwise. If you cancel, your plan runs to the end of the period you have paid for: a monthly plan to the end of the month, with no partial refund, and a yearly plan to the end of the paid year, with no refund for unused months. Nothing in this section limits the consumer guarantees under the Australian Consumer Law, which cannot be excluded.

Nimble depends on third-party providers, including Telnyx for telephony and text messages, OpenAI for AI processing, Resend for email, Stripe for payments, and Render and Vercel for hosting. Google and Microsoft provide the calendars you may connect.

Those services have their own terms, and their outages, changes or restrictions may affect Nimble. We are not responsible for a third-party provider’s acts or omissions, but we will make reasonable efforts to keep the service working and to tell you about significant disruptions.

We aim to keep Nimble available at all times, but we do not promise uninterrupted service and we do not currently offer a service level agreement or uptime guarantee. The service may be unavailable due to maintenance, a provider outage, a fault or events outside our control.

Because Nimble answers your phones, you should have a fallback — for example, keeping your own voicemail or an alternative number available — so that an outage does not leave your customers with nowhere to go.

Support is available at support@nimbleai.com.au.

You must use Nimble in accordance with our Acceptable Use Policy, which forms part of this agreement. It covers unlawful use, recording where recording is not permitted, harassment and spam, impersonation, scraping and reselling, and circumventing limits. Breaching it may result in suspension or termination.

We own the Nimble platform, software, models, prompts, designs, branding and documentation, and all intellectual property rights in them. Nothing in this agreement transfers those rights to you. You get a non-exclusive, non-transferable right to use the service while this agreement is on foot.

You own Your Data. You may not copy, modify, reverse engineer, decompile or create derivative works from the Nimble platform, except to the extent the law says we cannot stop you.

If you give us feedback or suggestions, we may use them to improve the service without owing you anything.

Each of us may learn confidential information about the other. Each of us agrees to keep the other’s confidential information confidential, to use it only for the purposes of this agreement, and to disclose it only to people who need to know it and are under a similar obligation — unless disclosure is required by law.

You can cancel

You may cancel at any time in Settings → Billing → Manage billing, or by contacting us at support@nimbleai.com.au. Cancellation takes effect at the end of your current billing period — or at the end of your free trial, if you cancel during it — unless we agree otherwise. Nimble keeps working until then, and Settings → Billing shows the date your plan ends. What happens next is set out in When your plan ends below.

You can close your account

The account owner can close a business’s account at any time in Settings → Account → Close my account. Closing is not the same as cancelling: it takes effect straight away and cannot be undone. When you close your account:

• Your plan is cancelled at once, with no refund for the rest of the period, and any extra usage so far is charged to your saved card on a final invoice. If the same plan covers another of your businesses that is still open, it carries on for that business.
• Your Nimble number is released immediately and cannot be recovered.
• Call recordings and the call conversations our telephony provider holds are deleted, a connected calendar is disconnected, and alerts, customer texts and reminders stop.
• For 30 days you can still sign in to download a copy of Your Data. After that, your business and Your Data are permanently deleted, except for records we must keep by law, as set out in our Privacy Policy.

We can suspend or terminate

We may suspend or terminate your account if:

• You breach this agreement or the Acceptable Use Policy.
• You do not pay when payment is due, after we have given you notice.
• We reasonably believe your use is unlawful, or creates a risk of harm to another person, to us or to our providers.
• A provider requires us to.

Where it is reasonable to do so we will give you notice and an opportunity to fix the problem first. For serious or unlawful conduct we may suspend immediately.

While your account is suspended, Nimble takes messages for you but does not otherwise answer, book or transfer calls, and does not send texts.

When your plan ends

Your plan ends when a cancellation takes effect at the end of your paid period or free trial, or if your plan is otherwise ended. When it ends:

• Nimble stops answering your calls.
• We email you to say your plan has ended, with the date your business will be deleted.
• Any extra usage from your last period is charged to your saved card on a final invoice.
• For 30 days you can still sign in to view Your Data, ask us for a copy of it, and restart a plan to restore everything, including your Nimble number.
• After 30 days, your business and Your Data are permanently deleted and your Nimble number is released, except for records we must keep by law, as set out in our Privacy Policy.

A failed payment is different: your plan does not end, but your account is suspended until the amount is paid, as set out in Fees and billing.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this agreement excludes, restricts or modifies any right or remedy you have under that law.

Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

Subject to the section above, and to the extent permitted by law, Nimble is provided on an “as is” basis. We do not warrant that the service will be uninterrupted, error free, or that AI output will be accurate.

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profits, loss of revenue, loss of business opportunity or loss of goodwill.

To the extent permitted by law, our total aggregate liability arising out of or in connection with this agreement is limited to the total fees you paid us under this agreement in the 12 months before the event giving rise to the claim.

Neither party is liable for a failure caused by something outside its reasonable control.

To the extent permitted by law, you indemnify us against claims, losses, penalties and reasonable costs arising from:

• Recording a call where recording was not lawful, or where a caller was not given the notice or did not give the consent the law required.
• Messages sent through your account that breach the Spam Act 2003 (Cth).
• Your breach of the Acceptable Use Policy or of any law in your use of Nimble.
• A claim by one of your customers about what the receptionist told them or did on your behalf, other than to the extent it was caused by us.

This indemnity is reduced to the extent our own act or omission caused the loss. This clause in particular should be reviewed by a lawyer before it is relied on.

We may change the service as it develops. We will not make a change that materially reduces the core functionality you are paying for without giving you at least 30 days’ notice.

We may also update these terms. If a change is material we will notify you by email or in the app before it takes effect. Continuing to use Nimble after that means you accept the updated terms. If you do not accept them, you may cancel.

• Governing law. This agreement is governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of its courts.
• Assignment. You may not assign this agreement without our consent. We may assign it as part of a sale or restructure of our business.
• Severability. If part of this agreement is unenforceable, the rest of it continues to apply.
• Entire agreement. This agreement, together with the Privacy Policy and the Acceptable Use Policy, is the entire agreement between us about the service.
• No waiver. If we do not enforce a right immediately, we do not give it up.

• Email: support@nimbleai.com.au
• ABN: 47 795 081 403