These Terms of Service ("Terms") are a binding agreement between Nikita Blud PR Novi Sad, sole trader (preduzetnik), registered in the Republic of Serbia, registration no. (matični broj) 67468627, of Gajeva 3A, Novi Sad, Serbia ("Switchie", "we", "us") and the business that purchases or uses the Service ("Customer", "you"). By purchasing a subscription, creating an account, or using the Service, you accept these Terms.
1.1 Switchie provides an AI-powered call answering service for trade businesses: it answers calls forwarded to a dedicated number, converses with callers using automated speech technology, collects job details, books appointments into connected systems (such as ServiceM8 or Google Calendar), sends SMS notifications, and can transfer designated emergency calls to numbers you nominate ("the Service").
1.2 Business use only. The Service is supplied for business purposes and may only be acquired by a person acting in trade. You confirm you are at least 18 years old and authorised to bind the Customer business.
1.3 The Service uses artificial intelligence. AI-generated speech, transcripts, and decisions can be inaccurate, incomplete, or misinterpret a caller. You accept that no automated system answers every call perfectly and that occasional errors, misunderstandings, missed details, or dropped calls are an inherent characteristic of the Service, not a defect.
1.4 Not an emergency service. The Service is not a substitute for emergency numbers (000 in Australia, 111 in New Zealand) and must not be presented to callers as one. Emergency transfer features depend on telephone networks, your nominated numbers being reachable, and caller behaviour, and are provided on a best-effort basis.
2.1 You must provide accurate business information (services, prices, service area, trading hours, emergency rules) and keep it current. The Service answers callers based on the information you supply; you are responsible for its accuracy.
2.2 You must have the right to connect any third-party account (e.g. ServiceM8, Google Calendar) and authorise us to read from and write to it for the purpose of operating the Service.
2.3 Call recording and caller privacy. Calls handled by the Service are recorded and transcribed. Each call begins with a recording disclosure. You must not ask us to remove or suppress this disclosure. You are responsible for ensuring that your use of the Service, including call recording and the handling of caller information, is lawful in the places where you operate, and for making any privacy disclosures your own customers are entitled to.
2.4 You must configure call forwarding on your own phone service. Forwarding is a function of your telecommunications provider; we are not responsible for its behaviour, charges, or failures.
2.5 Acceptable use. You must not use the Service: for unlawful purposes; to harass, deceive, or record people unlawfully; to handle calls for a business other than the Customer business described in your account; to probe, overload, reverse-engineer, or resell the Service; or to process special categories of sensitive information beyond what callers volunteer in the ordinary course of requesting a trade service.
3.1 The subscription fee is the amount displayed at checkout when you subscribe, as it may later change under clause 3.4, and is billed in advance each month. Payments are processed by Lemon Squeezy, LLC as merchant of record; the purchase transaction is additionally subject to Lemon Squeezy's terms, and taxes are calculated and remitted by them at checkout.
3.2 The one-off setup fee is the amount quoted to you at purchase and is invoiced separately by us; it is payable before the Service goes live, unless agreed otherwise in writing.
3.3 Fair use. "All calls answered" means the ordinary inbound call volume of a single trade business at a single location. Indicative fair use is 1,000 answered minutes per calendar month. If your usage materially and repeatedly exceeds fair use, we will contact you to agree an adjusted plan; we may throttle or suspend the Service if no agreement is reached within 14 days.
3.4 We may change fees with at least 30 days' notice, effective from your next billing period. If you do not accept a change, you may cancel before it takes effect.
3.5 Failed payments are retried by the payment provider. We may suspend the Service if payment remains outstanding 14 days after the due date. Initiating a card chargeback for fees genuinely owed, instead of using the refund process in our Refund Policy, is a material breach.
4.1 The subscription runs month to month and renews automatically. You may cancel at any time from the billing portal; cancellation takes effect at the end of the current billing period. Except as set out in the Refund Policy or required by law, fees already paid are not refunded pro-rata.
4.2 We may suspend or terminate the Service immediately for material breach of these Terms (including sections 2.3, 2.5, and 3.5), for unlawful use, or where required by a carrier, regulator, or infrastructure provider. Otherwise we may terminate for convenience with 30 days' notice and a pro-rata refund of the unused period.
4.3 On termination we will, on request made within 30 days, provide an export of your call log and transcripts, after which we may delete Customer data in accordance with our Privacy Policy.
The Service depends on third-party infrastructure and integrations, including telephony carriers, speech and language model providers, hosting, payment processing, and the systems you connect (e.g. ServiceM8, Google). We do not control these services, their availability, or changes to their terms or APIs, and we are not liable for their acts, omissions, or outages. Where a third party discontinues or materially changes a capability the Service relies on, we will use reasonable efforts to provide an alternative and may adjust the Service accordingly.
We provide the Service on a commercially reasonable efforts basis. We do not promise uninterrupted or error-free operation and do not offer a service-level agreement. We may modify, add, or remove features, and update the underlying AI models and voices, provided the core function described in section 1.1 is maintained.
7.1 We own the Service, the software, the agent templates, prompts, and all improvements. You receive a non-exclusive, non-transferable right to use the Service for your business while your subscription is active.
7.2 You own your business information and your call data (recordings, transcripts, job details). You grant us a licence to host, process, transmit, and display this data as needed to operate, secure, support, and improve the Service, and to create de-identified, aggregated statistics that do not identify you or your callers.
7.3 You must not use our name or the Service in a misleading way. We may identify you as a customer (name and logo) only with your prior consent.
8.1 Except as expressly stated in these Terms and in the Refund Policy, the Service is provided "as is", and we exclude all implied warranties, conditions, and guarantees to the maximum extent permitted by law.
8.2 Australia. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee in relation to services can be limited, it is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
8.3 New Zealand. You confirm you are acquiring the Service in trade and agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply to dealings between us, to the extent this is fair and reasonable and permitted by those Acts.
9.1 To the maximum extent permitted by law, we are not liable for: loss of profit, revenue, business opportunity, or goodwill; missed, dropped, misrouted, misunderstood, or mishandled calls; jobs not booked or booked with incorrect details; the content of AI-generated speech or advice given to callers; actions taken (or not taken) by you or by callers in reliance on the Service; failures of telecommunications networks, call forwarding, or third-party services; or any indirect or consequential loss.
9.2 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service in any 12-month period is capped at the subscription fees you paid to us in the 3 months preceding the event giving rise to the claim.
9.3 Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud.
9.4 You indemnify us against third-party claims (including from your callers) arising from: information you supplied being inaccurate or unlawful; your breach of section 2 (including recording compliance); or your instructions to configure the Service in a particular way.
10.1 Governing law and venue. These Terms are governed by the laws of the Republic of Serbia, and the courts of Belgrade, Serbia have exclusive jurisdiction — except that this clause does not deprive you of the protection of mandatory consumer or fair-trading laws of your own country, or of the right to bring proceedings in your own courts where that right cannot lawfully be excluded.
10.2 Changes to these Terms. We may update these Terms by giving at least 14 days' notice by email or in the customer portal. Continued use after the effective date constitutes acceptance; if you do not accept, you may cancel before the change takes effect.
10.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
10.4 Severability; waiver; assignment. If a provision is unenforceable, it is severed and the remainder stands, and the provision is read down to the minimum extent necessary rather than removed where possible. A failure to enforce is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor of the business with notice to you.
10.5 Entire agreement; notices. These Terms, the Refund Policy, and the Privacy Policy are the entire agreement between us regarding the Service. Notices may be given by email: to you at your account email; to us at legal@switchieai.com.
Contact: Nikita Blud PR Novi Sad · Gajeva 3A, Novi Sad, Serbia · legal@switchieai.com