Caltrava Services Agreement

Updated: 1 May 2024

This Services Agreement (“Agreement”) governs all services provided by Caltrava AI Agents, operated by Intellica Solutions Pty Ltd (ABN: 47 661 166 543, “Agent”, “we”, “our”, or “us”), to any client, user, or business entity (“Client”, “you”, or “your”) that purchases, subscribes to, or otherwise engages our services through caltrava.com or any related communication or invoice.

By proceeding with any Caltrava AI Agent package, payment, or engagement, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. Engagement and Scope of Services

The Agent provides artificial intelligence (“AI”) based marketing, communication, and sales automation services, including but not limited to voice AI agents, SMS and email automation, CRM integration, and workflow implementation (“Services”).

The Client engages the Agent to perform the Services as described in the specific package, proposal, or communication prior to purchase.
The Agent agrees to perform these Services using reasonable skill, care, and diligence consistent with professional industry standards.

2. Commencement of Services

The Client acknowledges that Services commence immediately upon payment being processed or confirmation of engagement being received by the Agent.
This includes preparatory and development work such as environment setup, data configuration, workflow design, script creation, AI training, or compute provisioning.

Once payment has been received, the Client is deemed to have received part of the Service, and refund eligibility ceases (except as required by law).

3. Change of Mind and Client Delays

The Client acknowledges that refunds are not available for change-of-mind decisions, personal circumstances, or delays caused by Client unavailability, including missed or late attendance to scheduled meetings, calls, or onboarding sessions.

If the Client is unavailable or late to scheduled sessions, the Agent may proceed with preparatory work independently and reschedule at its discretion.

4. Ownership and Use of Data

• Ownership: The Client retains all ownership of any data, information, or materials provided to the Agent (“Data”).
  
• Use: The Agent may use the Data only for fulfilling the Services and will not share, sell, or disclose it except as necessary to perform the agreed work.
  
• Security: The Agent implements commercially reasonable security and privacy measures to protect all Client Data.
  

5. Fulfilment of Services

The Agent reserves the right to determine the appropriate means, methods, and technologies for delivering the Services.
Adjustments to delivery methods may be made at the Agent’s discretion, provided the quality and scope of the Services remain consistent with the engagement.

6. Confidentiality

Both parties agree to maintain strict confidentiality over all proprietary or sensitive information shared during the engagement, including but not limited to business operations, data, and technical processes.

Confidential information shall not be disclosed to any third party without prior written consent unless required by law.

7. Compensation

The Client agrees to pay the amounts specified in the package, proposal, or invoice provided by the Agent.
All payments are due in full prior to service commencement unless otherwise agreed in writing.

The Agent reserves the right to adjust pricing due to scope changes, technical requirements, or unforeseen circumstances, subject to Client approval.
All prices include GST unless stated otherwise.

Refunds are not available for any work that has commenced or been delivered in part or in full.

8. Term and Termination

This Agreement remains in effect from the date of engagement until the completion of Services, unless terminated earlier by written notice.

Upon termination, the Agent will return or securely delete Client Data in its possession, except where retention is required for compliance, internal records, or system integrity.

9. Warranties and Representations

Both parties warrant that they have the authority to enter into this Agreement.
The Agent warrants that Services will be performed with due care and skill in accordance with professional industry standards.

10. Limitation of Liability

To the maximum extent permitted by law:

• The Agent’s total liability for any claim arising out of this Agreement is limited to the amount paid by the Client for the specific Service in question.
  
• The Agent shall not be liable for indirect, incidental, or consequential loss, including but not limited to loss of profit, business interruption, or data loss.
  
• The Client assumes full responsibility for the accuracy and compliance of any data, contact lists, or materials provided for use within the Services.
  

11. Responsibility for Leads and Communications

The Client is responsible for ensuring that no leads or contacts provided for AI communication are on “Do Not Call” registers or otherwise restricted.
Any fines, penalties, or damages arising from non-compliant contact lists provided by the Client are the sole responsibility of the Client.

12. Governing Law

This Agreement is governed by the laws of the Commonwealth of Australia.
Any disputes arising from or relating to this Agreement shall be handled under the jurisdiction of the relevant State or Territory in which the Client resides or the Agent operates (New South Wales).

13. Entire Agreement

This Agreement constitutes the full understanding between the Client and the Agent regarding the Services.
Any prior agreements, representations, or understandings are superseded by this document.

14. Acceptance

By proceeding with any purchase, payment, or engagement of Caltrava AI Agent services — including submitting a deposit, completing an onboarding form, or confirming via email — the Client acknowledges that they have read, understood, and agree to be bound by this Services Agreement.

© 2025 Intellica Solutions Pty Ltd (ABN 47 661 166 543)

Trading as Caltrava
All rights reserved.