Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are an agreement between you and HODforce for use of the HODforce website, applications, and platform (the “Service”).

By creating an account, starting a trial, connecting a mailbox or other integration, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you use HODforce on behalf of a business, you confirm that you have authority to bind that business, and “you” includes that business.

If you do not agree, do not use the Service.

2. Eligibility and account registration

You must be able to form a legally binding contract to use HODforce. If you are registering for a business, you must be authorised to do so.

You must provide accurate registration details and keep them current. You are responsible for account credentials, for people you invite to your workspace, and for activity that occurs under your account. Tell us promptly if you believe your account has been compromised.

3. HODforce services

HODforce is an AI workforce platform. It provides an AI Executive Team that can help a business receive enquiries, communicate with customers, and support selected sales, customer-success, operations, and marketing workflows.

Depending on your package and the features you enable, the Service may include Reception, Taylor (Head of Sales), Jade (Head of Customer Success), Sam (Head of Operations), Riley (Head of Marketing), Website Reception, connected email, SMS or phone where enabled, a Knowledge Center, and other platform capabilities we make available from time to time.

Not every feature is included in every package. What you can use depends on your trial or subscription, feature flags, and the integrations you connect. We do not promise that every listed capability will be available to every customer.

4. AI Executive Team and AI-generated communications

HODforce uses artificial intelligence to generate replies, summaries, recommendations, and other outputs. Those outputs may be sent on behalf of your business through channels you enable, including website chat, connected email, and SMS or phone where those features are turned on.

When you enable a channel, you authorise HODforce to create and send communications that appear to come from your business. You remain the communicating party for those messages. Recipients should understand that they are dealing with your business, and that some responses may be generated by AI.

5. AI limitations and accuracy

AI can make mistakes. HODforce outputs may be incomplete, outdated, inaccurate, or inappropriate for a particular situation. The Service is not a substitute for professional legal, financial, medical, or other specialist advice.

You must review, configure, and supervise HODforce in a way that is appropriate for your business. That includes teaching accurate Knowledge Center information, setting permissions, reviewing conversations where needed, and intervening when a matter should be handled by a human.

Do not rely on HODforce as the sole check for prices, legal claims, medical or safety advice, or any statement that could cause harm if it is wrong.

6. Customer responsibilities

You are responsible for how your workspace uses HODforce, including the instructions you give the AI Executive Team and the people you allow to access the Service.

You are responsible for complying with laws that apply to your business and your communications. That includes privacy, consumer, spam, telemarketing, and electronic-marketing rules. HODforce does not guarantee that your use of the Service will be lawful in every situation.

You must not use HODforce to mislead people about who they are communicating with, to send unlawful or unsolicited marketing, or to process personal information without a lawful basis.

7. Knowledge Center and customer-provided information

You may add business information to the Knowledge Center and related workspace areas so HODforce can answer questions about your services, hours, policies, and similar topics.

You are responsible for the accuracy, completeness, and lawfulness of information you provide. If that information is wrong, outdated, or you are not allowed to use it, HODforce answers that rely on it may also be wrong. We are not obliged to independently verify everything you teach the platform.

8. Email, Website Reception, SMS, and phone

If you connect email, install Website Reception, or enable SMS or phone, HODforce may receive inbound customer messages, maintain conversation context, generate replies, and send those replies through the channel you connected.

You are responsible for obtaining any consent required to contact people, for honouring opt-out requests, and for complying with the Spam Act 2003 (Cth) and other communications laws that apply to your messages. Enabling a channel in HODforce does not, by itself, create consent.

Message delivery depends on mailbox providers, carriers, and the recipient’s systems. We do not guarantee that every message will be delivered, read, or answered.

9. Third-party integrations

You may connect third-party services such as Google or Microsoft mailboxes, payment providers, telephony providers, calendars, or other tools we support. Those services are provided by third parties under their own terms and privacy policies.

HODforce is not responsible for a third party’s availability, security, or acts. If you disconnect an integration, some features that depend on it will stop working.

10. Free trials

We may offer a free trial so you can evaluate HODforce. Trial length, included executives, and enabled features are described at the time you start the trial and may differ from a paid package.

A trial does not guarantee conversion to a paid plan, continued access after the trial ends, or any particular business result. When a trial ends, access may be limited or closed unless you subscribe.

11. Subscriptions, billing, and renewal

Paid access is offered as a subscription. Current packages, included features, and prices are shown at the time you subscribe. We do not lock package prices into these Terms because they may change.

Unless we say otherwise at checkout, subscriptions renew automatically for the same billing period until you cancel. Fees are billed in advance through a third-party payment provider. You authorise that provider to charge the payment method you supply.

Prices may be stated exclusive or inclusive of GST or other taxes. You are responsible for applicable taxes. Failed payments may result in suspension.

12. Cancellation and refunds

You may cancel a subscription through your HODforce billing settings or by contacting support. Cancellation usually takes effect at the end of the current paid period, and you keep access until then unless we agree otherwise or the law requires a different outcome.

Except where Australian Consumer Law or another non-excludable law requires a refund or other remedy, fees already paid are not refundable for unused time, change of mind, or unused features.

We may change packages or prices for a later billing period. If a change is material, we will take reasonable steps to tell you before it applies to you.

13. Acceptable use

You must use HODforce lawfully and in a way that does not harm other people, our infrastructure, or the Service. You must not:

• use the Service to send spam, scams, harassment, or unlawful marketing;
• attempt to access another customer’s workspace, data, or conversations;
• probe, overload, or interfere with the Service except through documented interfaces;
• upload malware or content you do not have the right to use;
• use HODforce to build a competing product by systematically copying the platform; or
• misrepresent HODforce outputs as human-authored professional advice where that would be misleading.

14. Intellectual property

HODforce and its licensors own the platform, software, designs, trademarks, and documentation. These Terms do not transfer that ownership to you. We grant you a limited, non-exclusive, non-transferable right to use the Service during your authorised trial or subscription.

You retain rights in your own content, Knowledge Center materials, and customer records. You grant HODforce a licence to host, process, and display that material only as needed to provide and improve the Service for you, including generating AI responses in your workspace.

15. Customer data and content

You are responsible for customer, lead, member, and contact information you store in HODforce, and for having a right to use it. You must not upload information you are not allowed to collect or share.

We process that information to operate your workspace, as described in the Privacy Policy. We do not sell your customer lists.

16. Privacy and confidentiality

Our collection and use of personal information is described in the Privacy Policy. If there is a conflict about personal information, the Privacy Policy explains our privacy practices.

Each party must take reasonable care of confidential information received from the other and use it only to perform this agreement, except where disclosure is required by law or the information is already public through no fault of the receiving party.

17. Service availability and changes

We aim to keep HODforce available and useful, but we do not guarantee uninterrupted, error-free, or always-on access. The Service depends on internet connectivity, cloud infrastructure, mailbox providers, carriers, and other third parties.

We may change, add, or remove features, perform maintenance, or temporarily suspend parts of the Service. We will try to avoid unnecessary disruption, but emergency or security work may happen with little notice.

18. Disclaimers

To the extent permitted by law, HODforce is provided “as is” and “as available”. We do not warrant that the Service, or any AI output, will meet your requirements, be accurate, or be free of defects.

Nothing in these Terms is intended to exclude, restrict, or modify rights that cannot be excluded under the Australian Consumer Law or any other law that applies to you.

19. Limitation of liability

To the extent permitted by law, HODforce is not liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, goodwill, or business opportunity, whether arising in contract, tort (including negligence), or otherwise.

To the extent permitted by law, our aggregate liability arising out of or in connection with the Service is limited to the fees you paid to HODforce for the Service in the 12 months before the claim (or, if you are on a trial and have paid no fees, a reasonable resupply of the Service).

Where the Australian Consumer Law applies and we are allowed to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to resupplying the services or paying the cost of resupplying them.

20. No guarantee of business results

HODforce does not guarantee increased revenue, profit, sales, conversions, customer retention, customer satisfaction, or any other business result. AI responses, Website Reception, and outbound communications may help you operate, but outcomes depend on your business, your market, your configuration, and factors outside our control.

Any examples, case studies, or marketing statements about what HODforce can do are illustrative only and are not a promise of the same result for you.

21. Suspension and termination

We may suspend or terminate access if you breach these Terms, fail to pay, misuse the Service, create a security or legal risk, or if we are required to do so by law. We may also stop providing the Service with reasonable notice if we discontinue a product.

On termination, your right to use HODforce ends. We may delete or deactivate workspace data after a reasonable period, subject to the Privacy Policy and any legal retention requirement. Sections that should reasonably survive (including intellectual property, disclaimers, limitation of liability, and governing law) continue to apply.

22. Australian Consumer Law and non-excludable rights

If you are a consumer or small business protected by the Australian Consumer Law, you have rights that these Terms cannot take away. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures, you may be entitled to cancel the service and a refund for the unused portion, or to compensation for its reduced value. You may also be entitled to compensation for other reasonably foreseeable loss or damage. For other failures, you may be entitled to have the service repaired or replaced, or to a refund where repair is not possible.

These Terms apply in addition to those rights. If a term would be invalid because it attempts to exclude a non-excludable right, that term is read down or severed so the rest of the Terms still apply.

23. Governing law

These Terms are governed by the laws of Australia. Australian courts have jurisdiction, except that if a non-excludable law gives you a right to bring a claim in another forum, that right is not taken away.

We have not named a specific State or Territory as the exclusive venue because HODforce’s registered legal entity and address have not been confirmed in these documents.

24. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page will change when we do. For material changes, we will take reasonable steps to notify account holders, such as an email or an in-product notice.

If you continue to use the Service after the updated Terms take effect, you accept the updated Terms. If you do not agree, you should stop using the Service and cancel any subscription.

25. Contact

Questions about these Terms can be sent to support@hodforce.com or through the contact form on the HODforce website.

Please do not send passwords, payment-card numbers, or mailbox access tokens to that address.