Acceptable Use Policy

1. Purpose and relationship to other terms

This Acceptable Use Policy (“AUP”) sets out the rules for using Emii AI’s products, websites, AI systems, APIs, phone numbers, SMS and messaging services, email, chat, and related services (the Services). It forms part of your agreement with us (the Agreement), which also includes our Terms of Service and Privacy Policy. Where there is a conflict, the Agreement prevails, except that this AUP specifically governs how the Services may be used.

2. Who this applies to

This AUP applies to:

• Customers — the businesses and individuals who have contracted with Emii AI to use the Services;
• their personnel, contractors, and representatives; and
• End Users — members of the public who interact with a Customer’s business through the Services (for example, callers, SMS recipients, email correspondents, and chat users).

Customers are responsible for ensuring their personnel and End Users comply with this AUP.

3. Key definitions

• Customer Data: data you or your users provide to or through the Services, including contacts, recordings, transcripts, and CRM data.
• Service Data: telemetry, logs, diagnostics, and analytics generated by the Services.
• Input: prompts, instructions, audio, documents, and other material you submit to the Services.
• Output: content generated by the Services in response to Input.
• Recordings & Transcripts: audio recordings and text transcriptions of calls, voicemails, or other interactions captured through the Services.
• End User: a member of the public who interacts with a Customer’s AI agent via any channel.
• Feedback: suggestions, ideas, or comments you provide about the Services.
• Relevant Laws: includes the Privacy Act 1988 (Cth) and Australian Privacy Principles, Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth), Telecommunications (Interception and Access) Act 1979 (Cth), state and territory surveillance and listening devices laws, the Australian Consumer Law, and any equivalent laws applicable where you or your End Users are located.

4. Your responsibilities

You must:

1. Use the Services lawfully and in compliance with this AUP, Relevant Laws, and applicable industry codes and regulator guidance;
2. Clearly disclose to End Users that they are interacting with an AI agent, where required by law or where a reasonable person would expect such disclosure;
3. Provide all required notices and obtain all necessary consents from End Users before recording or monitoring calls or other communications;
4. Maintain appropriate account security, including unique named accounts, strong passwords, multi-factor authentication where available, and timely removal of access for departing personnel;
5. Ensure Customer Data is accurate, free of malware, and that you hold all necessary rights and permissions to use it with Emii AI;
6. Promptly co-operate with Emii AI on any abuse, security, or privacy investigations and any required remedial steps.

5. Prohibited conduct

5.1 Unlawful, harmful, or abusive activities

You must not use the Services to violate any law; harass, threaten, stalk, defame, or discriminate against any person; incite violence or hatred; disseminate extremist content; share sexually exploitative material; or distribute, solicit, or facilitate child sexual abuse material in any form.

5.2 Privacy, recording, and AI transparency

• You must not record or monitor calls, voicemails, or other communications without providing all required notices and obtaining all required consents under the Telecommunications (Interception and Access) Act 1979 (Cth) and applicable state and territory surveillance and listening devices laws. Requirements vary by jurisdiction — it is your responsibility to understand and comply with the laws that apply to you and your End Users.
• You must not engage in misleading or deceptive conduct, or make false or misleading representations, including by omission, in connection with your use of the Services or the operation of your AI agent.
• You must not represent that an End User is speaking with a human when they are interacting with an AI agent, or otherwise conceal the AI nature of the interaction in a way that deceives or harms End Users.
• You must not upload, process, or transmit Personal Information without a lawful basis or in breach of the Privacy Act 1988 (Cth), the Australian Privacy Principles, or our Privacy Policy.

5.3 Messaging, calling, and outreach

• You must comply with the Spam Act 2003 (Cth), including obtaining required consents, clearly identifying the sender in all commercial electronic messages, and providing a functional unsubscribe mechanism.
• You must comply with the Do Not Call Register Act 2006 (Cth) and honour all opt-outs and suppression requests promptly.
• You must not spoof phone numbers, misrepresent your identity or your business, or engage in any deceptive calling or messaging practices.
• You must not conduct mass automated outbound calling or messaging campaigns without a lawful basis and appropriate consents for each recipient.

5.4 Sensitive and restricted data

Unless you have a lawful basis and Emii AI has given prior written approval (or the Service expressly enables an approved capture flow), you must not input, upload, transmit, store, or otherwise process through the Services any of the following:

• Full payment card numbers (PANs) or card verification values (CVVs);
• Tax File Numbers (TFNs);
• Medicare numbers;
• Passport or driver’s licence numbers;
• Health information or biometric data; or
• Any other special-category or sensitive data as defined under applicable law.

This prohibition applies across all channels, including calls, recordings, voicemail, SMS, email, chat, file uploads, APIs and webhooks, and support requests.

Where Emii AI has expressly approved a compliant capture flow, you remain responsible for meeting all applicable regulatory standards (including PCI DSS for card data), using tokenisation, DTMF masking, or redaction where applicable, minimising data collected, and obtaining all required notices and consents. Emii AI may automatically filter, redact, delete, or block restricted data and is not obliged to store, process, recover, or restore it.

5.5 Synthetic voice and identity

You must not use the Services to clone or synthetically replicate any real person’s voice without that person’s informed and verifiable consent. You must not use synthetic voice outputs generated by the Services to deceive, impersonate, defraud, or harm any person.

5.6 Security and network integrity

You must not probe, scan, or test the vulnerability of the Services; reverse engineer or decompile any part of the Services; scrape the Services at scale; bypass access controls or rate limits; conduct denial-of-service attacks; flood systems; or introduce malware or malicious code.

Security research is only permitted under an Emii AI-approved Vulnerability Disclosure Program with prior written authorisation.

5.7 Intellectual property and competitive misuse

You must not upload or process content you do not have the right to use. You must not remove proprietary notices from the Services or any Output, or rebrand, resell, or sublicense the Services or Outputs without authorisation.

You must not use the Services or Outputs to train or fine-tune a competing AI model, attempt model extraction or reverse engineering of Emii AI’s underlying systems, or conduct deceptive or harmful benchmarking.

5.8 High-risk and regulated decisions

Outputs generated by the Services must not be used as the sole basis for decisions that are life-critical or safety-critical, or for regulated professional advice (including medical, legal, financial, or accounting advice), without appropriate human review, professional oversight, and clear disclosure to End Users. If your business operates in a regulated industry, you are responsible for ensuring your use of the Services complies with all applicable professional and regulatory obligations.

5.9 Carrier and third-party platform compliance

You must comply with all applicable carrier, telephony, and platform terms and conditions. Emii AI may act on carrier abuse notices by rate-limiting, blocking traffic, or suspending features in order to preserve network integrity and regulatory compliance.

5.10 Sanctions and export controls

You must comply with all applicable sanctions and export control laws, including those administered by the Australian Department of Foreign Affairs and Trade (DFAT). You must not use the Services for or on behalf of sanctioned parties or in prohibited jurisdictions.

6. Fair use, throttling, and plan limits

To maintain service quality for all customers, Emii AI may apply concurrency limits, rate limits, fair-use thresholds, and storage caps across calls, messages, API requests, and recordings. Where usage materially exceeds reasonable business patterns or risks service stability, Emii AI may (acting reasonably) throttle usage, require a plan change or additional fees, or suspend abusive workloads after providing notice where practicable.

7. Emergency services

The Services are not a substitute for emergency services and must not be relied upon to contact or route emergency calls. In Australia and New Zealand, emergency services are reached by dialling 000 or 111 respectively.

8. Data handling and roles

Customers remain the controller of Customer Data they introduce into the Services. Emii AI processes Customer Data as a service provider to deliver, secure, and improve the Services, as described in our Privacy Policy. Customers are responsible for honouring all applicable data subject rights, including rights of access, correction, and deletion, as required under the Privacy Act 1988 (Cth) and applicable Australian Privacy Principles. Both parties must comply with Notifiable Data Breach obligations under the Privacy Act 1988 (Cth) where applicable.

9. Monitoring, investigations, and enforcement

Emii AI may monitor usage (through automated and manual means) to operate, secure, and improve the Services, and to investigate suspected AUP breaches. Where necessary to protect users, data, or networks, comply with legal or carrier requirements, or address urgent risk, Emii AI may remove content, block traffic, disable credentials, restrict features, or suspend accounts. For non-urgent matters, Emii AI will act reasonably and may provide notice and a timeframe to remediate before taking action.

10. Notice, takedown, and appeals

Where Emii AI takes enforcement action under this AUP, we will (where lawful and practicable) notify the affected Customer with a brief explanation and remediation steps. Customers may appeal by emailing [email protected] with relevant context and supporting information. Emii AI will review good-faith appeals promptly.

11. Requests from authorities

Emii AI responds to valid legal process and regulator requests as required by law. If you receive a notice from an authority that may affect the Services or Customer Data held by Emii AI, please notify us promptly at [email protected], unless you are legally restricted from doing so.

12. Changes to this AUP

Emii AI may update this AUP from time to time. Material changes will be notified at least 30 days before taking effect (or sooner where required by law or to address urgent risk). Continued use of the Services after the effective date of a change constitutes acceptance of the updated AUP.

13. Governing law

This AUP is governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and its appellate courts, without prejudice to mandatory consumer protections that may apply in other jurisdictions.

14. Contact

For general enquiries, privacy matters, or to report an AUP concern, contact us at [email protected].

Effective date: 14th April 2026