Intake Master Service Agreement

Effective Date: 19/2/2026 Last Updated: 19/2/2026

This Master Service Agreement (“Agreement”) is entered into between:

Intake (ABN to be inserted) (“Intake”, “we”, “us” or “our”); and
The entity or individual that creates an account, starts a free trial or otherwise uses the Services (“Customer”, “you” or “your”).

By clicking “I agree”, starting a Free Trial, activating an account, or using the Services, you agree to be bound by this Agreement.

1. Definitions and Interpretation

1.1 Definitions

In this Agreement:

Agreement means this Master Service Agreement, as updated from time to time in accordance with clause 18.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or public holiday in Western Australia.
Customer Data means all data, content, call recordings, transcripts, personal information and other materials submitted to, captured by, or processed through the Services on behalf of the Customer.
Fees means the subscription fees, usage-based fees, setup fees and any other charges payable by the Customer for the Services.
Free Trial means any trial access offered by Intake to the Starter plan for up to fourteen (14) days or up to the applicable call minutes threshold (currently 250 minutes), whichever occurs first.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Privacy Laws means the Privacy Act 1988 (Cth) and any other applicable privacy or data protection law in Australia.
Services means the AI-powered call handling, recording, transcription, lead capture and related cloud-based software services provided by Intake, including any associated websites, APIs and documentation.
Subprocessor means a third-party service provider engaged by Intake to assist in providing the Services, including hosting, infrastructure, AI processing and telecommunications providers.
Term has the meaning given in clause 2.5.

1.2 Interpretation

Unless the context requires otherwise:

(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) a reference to “including” means “including without limitation”; and
(d) a reference to a “person” includes an individual, company, partnership, trust, or other entity.

2. Provision of Services

2.1 Licence

Subject to this Agreement and the payment of applicable Fees, Intake grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services during the Term for the Customer’s internal business purposes.

2.2 Nature of Services

The Services are provided as a cloud-based platform to assist the Customer with handling inbound calls, recording and transcribing calls, and capturing structured lead information. Intake provides infrastructure and automation only and does not initiate outbound calls on behalf of the Customer.

2.3 Modifications

Intake may modify, enhance, update or deprecate features of the Services from time to time, provided that Intake will not materially reduce the core functionality of the Services without providing reasonable notice to the Customer.

2.4 Availability – No SLA

Intake will use commercially reasonable efforts to make the Services available, but does not guarantee that the Services will be uninterrupted, error-free, or continuously available. Unless Intake and the Customer have agreed a separate written service level agreement, no service level commitments apply.

2.5 Term

This Agreement commences on the Effective Date and continues until terminated in accordance with clause 16 (the Term).

3. Free Trial

3.1 Eligibility and Scope

Intake may provide the Customer with a Free Trial for the Starter plan, which includes up to fourteen (14) days of access or up to 250 minutes of call handling, whichever occurs first. Free Trials are offered at Intake’s discretion and may not be available for all plans.

3.2 Trial Configuration

Functionality, usage limits and features available during the Free Trial may differ from paid plans and may be changed by Intake at any time.

3.3 Trial Termination

Intake may suspend or terminate a Free Trial at any time for misuse, abuse, excessive non-human traffic, or any other legitimate business reason, without liability to the Customer.

3.4 Conversion to Paid Plan

At the end of the Free Trial, continued use of the Services requires the Customer to select a paid plan and provide valid payment details. If the Customer does not convert to a paid plan, Intake may deactivate the Customer’s account and delete Customer Data in accordance with clause 10.4.

3.5 Free Trial Liability

During the Free Trial, the Services are provided “as is” and “as available”. To the maximum extent permitted by law, Intake’s total aggregate liability arising out of or in connection with the Free Trial (whether in contract, tort including negligence, statute or otherwise) is limited to AUD $0.

4. Customer Responsibilities and Acceptable Use

4.1 Compliance with Laws

The Customer is solely responsible for its use of the Services and must ensure that such use complies with all applicable laws, regulations and codes of practice, including (without limitation) Privacy Laws, telecommunications laws, spam laws and laws relating to surveillance and the recording of communications.

4.2 Call Recording Compliance

Where the Services are configured to record calls or other communications, the Customer is solely responsible for:

(a) determining whether any notification, consent, authorisation or other requirement applies in relation to such recording or monitoring;
(b) providing any required notification to callers or other participants; and
(c) obtaining and maintaining any required consent or authorisation,

in each case in accordance with the laws that apply to the Customer and its callers and other participants.

4.3 No Unlawful Recording

The Customer must not use the Services to record or monitor any communication where such recording or monitoring would be unlawful in any applicable jurisdiction.

4.4 Acceptable Use

The Customer must not:

(a) use the Services to send spam or unsolicited communications in breach of applicable laws;
(b) use the Services to harass, threaten, deceive or mislead any person;
(c) interfere with or attempt to undermine the security or integrity of the Services or any systems or networks used to provide the Services;
(d) use the Services for any purpose that is unlawful or that would expose Intake to legal liability;
(e) access or use the Services to create a competing product or service; or
(f) attempt to gain unauthorised access to any part of the Services or related systems.

4.5 Review of Outputs

The Customer acknowledges that the Services use automated systems, including speech recognition and AI technologies, which may produce incomplete, delayed or inaccurate outputs. The Customer is responsible for reviewing and verifying outputs from the Services and for any decisions or actions taken in reliance on those outputs.

4.6 No Legal Advice

The Customer acknowledges that Intake does not provide legal, financial, medical or other professional advice and that the Services do not replace the Customer’s obligation to obtain its own professional advice where appropriate.

5. Account Registration and Security

5.1 Account Information

The Customer must provide accurate and complete information when creating an account and keep that information up to date.

5.2 Account Security

The Customer is responsible for maintaining the confidentiality of its login credentials and for all activities that occur under its account. The Customer must notify Intake promptly if it becomes aware of any unauthorised access to or use of its account.

5.3 Records and Logs as Evidence

The Customer agrees that Intake’s system logs, billing records and other electronic records are prima facie evidence of the use of the Services, the occurrence of events and the timing of such events.

6. Data Processing and Privacy

6.1 Roles of the Parties

To the extent that the Services involve the processing of Personal Information on behalf of the Customer:

(a) the Customer determines the purposes for which and the means by which the Personal Information is processed; and
(b) Intake processes the Personal Information solely for the purpose of providing the Services to the Customer and in accordance with the Customer’s reasonable instructions, this Agreement and applicable laws.

6.2 Customer Warranties

The Customer warrants that:

(a) it has all necessary rights, consents and authorisations to disclose Personal Information and other Customer Data to Intake and to permit Intake to process such data as contemplated by this Agreement; and
(b) its instructions to Intake in relation to the processing of Personal Information will comply with applicable laws.

6.3 Call Recordings and Transcripts

The Customer acknowledges that:

(a) the Services may involve the recording of calls and other communications handled through the Services;
(b) the Services may generate transcripts of such calls and create structured lead data derived from those recordings and transcripts; and
(c) such recordings, transcripts and structured lead data may contain Personal Information.

6.4 Retention of Call Recordings and Lead Data

(a) Intake will generally retain call recordings for approximately thirty (30) days after the relevant call, after which they are scheduled for deletion from Intake’s systems in the ordinary course of business, subject to any longer retention required by law, by a governmental authority, or for the purposes of managing actual or reasonably anticipated disputes.
(b) Structured lead records and related metadata may be retained for the duration of the Customer’s subscription and for a limited period afterwards for legitimate business purposes such as compliance, recordkeeping and dispute resolution.

6.5 Data Export and Deletion

(a) During the Term and for fourteen (14) days following termination or expiry of the Customer’s subscription, the Customer may request export of its structured lead data in a commercially reasonable format. Intake may charge reasonable fees for data export where significant effort is required.
(b) Subject to applicable law and clause 6.4(b), Intake may permanently delete Customer Data from its active systems at any time after the expiry of the fourteen (14) day period referred to in clause 6.5(a).
(c) Subject to applicable law and technical limitations, Intake will act on reasonable written requests from the Customer to delete or anonymise particular Customer Data within a reasonable time.

6.6 Subprocessors and Overseas Processing

(a) The Customer authorises Intake to engage Subprocessors to assist with the hosting, storage, processing and transmission of Customer Data and the provision of the Services.
(b) Some Subprocessors may be located, or may store or access Personal Information, outside Australia. Intake will take reasonable steps to ensure that such Subprocessors are bound by privacy obligations that are broadly comparable to those imposed on Intake under Australian Privacy Laws.
(c) Intake may update its list of key Subprocessors from time to time. An up-to-date list of key Subprocessors will be made available on request or via Intake’s website.

6.7 Security Measures

Intake will implement and maintain reasonable technical and organisational measures designed to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data transmitted, stored or otherwise processed in connection with the Services. The Customer acknowledges that no method of transmission over the internet or method of electronic storage is completely secure.

6.8 Data Breach Notification

If Intake becomes aware that there has been a data breach involving Personal Information held in connection with the Services that Intake reasonably believes is an “eligible data breach” under the Privacy Act 1988 (Cth), Intake will:

(a) take reasonable steps to contain and assess the breach; and
(b) notify the Customer as soon as reasonably practicable after becoming aware, and provide information that Intake is reasonably able to disclose about the nature of the breach and steps taken in response.

7. Intellectual Property

7.1 Ownership of Services

All intellectual property rights in and to the Services (including software, systems, documentation, logos and trade marks) are and remain owned by Intake or its licensors. Except for the limited licence granted in clause 2.1, nothing in this Agreement conveys any right, title or interest in or to the Services.

7.2 Ownership of Customer Data

The Customer retains all right, title and interest in and to Customer Data, subject to the rights granted to Intake under this Agreement.

7.3 Licence to Use Customer Data

The Customer grants Intake a non-exclusive, worldwide, royalty-free licence to host, store, reproduce and otherwise process Customer Data to the extent necessary to provide, maintain, secure and improve the Services and to comply with legal obligations.

7.4 Feedback

If the Customer provides feedback, suggestions or ideas about the Services, Intake may use such feedback without restriction and without obligation to the Customer.

7.5 Restrictions

The Customer must not (and must not permit any third party to):

(a) copy, modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any part of the Services (except to the extent expressly permitted by law); or
(b) remove or obscure any proprietary notices or trade marks on or in the Services.

8. Fees and Payment

8.1 Fees

The Customer must pay the Fees in accordance with the pricing and billing terms agreed at the time of sign-up or as otherwise notified by Intake from time to time in accordance with this Agreement.

8.2 Billing and GST

Unless stated otherwise, Fees are quoted in Australian dollars (AUD) and are exclusive of GST. Where GST applies, Intake will issue a tax invoice and the Customer must pay the GST-inclusive amount.

8.3 Invoicing and Payment Terms

Subscription Fees are generally billed in advance on a monthly basis, unless otherwise agreed in writing. The Customer authorises Intake (or its payment processor) to charge the Customer’s nominated payment method for all Fees when due.

8.4 No Set-Off

The Customer must pay all Fees without set-off, deduction or counterclaim, except to the extent that a set-off, deduction or counterclaim cannot be excluded by law.

8.5 Late Payment and Suspension

If Fees are not paid when due:

(a) Intake may charge interest on overdue amounts at a reasonable rate not exceeding the rate prescribed under applicable law; and
(b) Intake may suspend the Customer’s access to the Services upon at least 7 days’ prior notice (which may be provided by email), until all overdue amounts are paid.

8.6 Refunds

Fees are non-refundable except as required under the Australian Consumer Law or as expressly stated otherwise in this Agreement.

8.7 Price Changes

Intake may change its Fees from time to time. Intake will provide at least 30 days’ notice of any material increase in recurring Fees. The revised Fees will apply from the start of the next billing period after the notice period expires.

9. Warranties and Disclaimers

9.1 Limited Warranties

To the extent permitted by law, Intake provides the Services “as is” and “as available” and does not make any representation or warranty that:

(a) the Services will meet the Customer’s specific requirements;
(b) the Services will be error-free, uninterrupted or free from security vulnerabilities; or
(c) outputs from the Services will be accurate, complete or suitable for any particular purpose.

9.2 Business Use

The Services are provided for business use. The Customer must not use the Services for personal or household purposes.

9.3 Australian Consumer Law

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the Customer by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified. Where Intake’s liability in respect of such a non-excludable guarantee, right or remedy may be limited, Intake’s liability is limited, at its option, to resupplying the relevant Services or paying the cost of having the Services supplied again.

10. Limitation of Liability

10.1 Exclusion of Certain Loss

To the maximum extent permitted by law, Intake will not be liable to the Customer for:

(a) loss of profit, revenue, business, opportunity or anticipated savings;
(b) loss or corruption of data;
(c) loss arising from business interruption; or
(d) any indirect, consequential, special or punitive loss or damage,

in each case, however caused and even if foreseeable.

10.2 Cap on Liability

Subject to clauses 3.5 and 9.3, and to the maximum extent permitted by law, Intake’s total aggregate liability to the Customer arising out of or in connection with this Agreement or the Services (whether in contract, tort including negligence, statute, equity or otherwise) is limited to an amount equal to the Fees paid by the Customer to Intake for the Services in the twelve (12) months immediately preceding the first event giving rise to the relevant claim.

10.3 Aggregate Cap

The limitation in clause 10.2 applies in aggregate to all claims, losses and causes of action arising out of or in connection with this Agreement or the Services.

10.4 Free Trial

For clarity, during any Free Trial period, Intake’s aggregate liability is further limited in accordance with clause 3.5.

11. Indemnity

11.1 Customer Indemnity

The Customer indemnifies Intake and its officers, employees and agents (those indemnified) against any loss, liability, damage, cost or expense (including reasonable legal costs) suffered or incurred by those indemnified arising out of or in connection with any third-party claim to the extent that the claim results from:

(a) the Customer’s use of the Services in a manner that is unlawful or contrary to this Agreement;
(b) the Customer’s failure to obtain or maintain any consent, notice or authorisation required under applicable law in relation to the collection, recording or monitoring of calls or other communications using the Services; or
(c) any allegation that Intake’s processing of Personal Information in accordance with this Agreement and the Customer’s instructions infringes the privacy or other rights of an individual,

except to the extent that the claim is caused or contributed to by Intake’s breach of this Agreement, negligence or unlawful act or omission.

12. Suspension and Termination

12.1 Suspension

Intake may suspend the Customer’s access to all or part of the Services immediately if:

(a) the Customer fails to pay Fees when due and does not remedy the non-payment within 7 days of notice;
(b) Intake reasonably believes that use of the Services by the Customer poses a security risk to the Services or any third party;
(c) the Customer uses the Services in a manner that is unlawful or that may subject Intake to liability; or
(d) Intake is required to do so by law or by a regulatory authority.

Intake will lift a suspension once the underlying issue has been remedied, where reasonably practicable.

12.2 Termination for Cause

Either party may terminate this Agreement by written notice if the other party commits a material breach of this Agreement and fails to remedy that breach within 14 days of receiving written notice specifying the breach and requiring it to be remedied.

12.3 Termination for Convenience by Customer

The Customer may terminate this Agreement at any time by cancelling its subscription in accordance with Intake’s standard account cancellation process. Termination for convenience does not entitle the Customer to a refund of Fees already paid, except as required under the Australian Consumer Law.

12.4 Termination for Business Reasons

Intake may terminate this Agreement for legitimate business reasons on at least 30 days’ written notice to the Customer. If Intake terminates under this clause 12.4 and the Customer has prepaid Fees for Services to be provided after the termination date, Intake will refund the unused portion of such prepaid Fees.

12.5 Consequences of Termination

Upon termination or expiry of this Agreement:

(a) the Customer’s right to access and use the Services immediately ceases (subject to any limited post-termination access granted by Intake for data export);
(b) the Customer must cease using the Services; and
(c) Intake may delete Customer Data in accordance with clause 6.5.

12.6 Survival

Clauses 1, 3.5, 4, 5.3, 6, 7, 8.4, 8.6–8.7, 9, 10, 11, 12.5–12.6, 13, 14, 15, 16, 17 and 18, and any other provisions which by their nature are intended to survive termination, will continue in force after this Agreement ends.

13. Confidentiality

13.1 Confidential Information

Each party (Recipient) must keep confidential any non-public information of the other party (Discloser) disclosed in connection with this Agreement that is identified as confidential or that would reasonably be considered confidential (Confidential Information).

13.2 Use and Disclosure

The Recipient may use Confidential Information solely for the purposes of performing its obligations under this Agreement and must not disclose Confidential Information to any third party except:

(a) to its personnel, professional advisers and Subprocessors who need to know the information for the purposes of this Agreement and who are bound by confidentiality obligations; or
(b) where disclosure is required by law, a court or a regulatory authority.

13.3 Exclusions

Confidential Information does not include information that:

(a) is or becomes public other than through the Recipient’s breach of this Agreement;
(b) was already known to the Recipient at the time of disclosure; or
(c) is independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.

14. Force Majeure

14.1 Force Majeure Events

Neither party is liable for any delay or failure to perform its obligations (other than an obligation to pay money) if such delay or failure is caused by a Force Majeure Event, being an event or circumstance beyond that party’s reasonable control, including acts of God, war, terrorism, riots, strikes, industrial disputes, failure of utilities, telecommunications or networks, pandemics, natural disasters or government restrictions.

14.2 Notification and Mitigation

The affected party must promptly notify the other party of the Force Majeure Event and use reasonable efforts to mitigate its effects.

15. Assignment

15.1 By Intake

Intake may assign or transfer its rights and obligations under this Agreement, in whole or in part, in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of its assets, by providing notice to the Customer.

15.2 By Customer

The Customer must not assign, transfer or novate any of its rights or obligations under this Agreement without Intake’s prior written consent (which must not be unreasonably withheld).

16. Notices

16.1 Form of Notice

Notices under this Agreement must be in writing and may be delivered personally, sent by email or by other electronic means agreed between the parties.

16.2 Contact Details

Intake may provide notices to the Customer using the email address associated with the Customer’s account. The Customer must ensure that its contact details are kept up to date.

16.3 Deemed Receipt

A notice is deemed received:

(a) if delivered personally – at the time of delivery;
(b) if sent by email – at the time the email is sent, unless the sender receives an automated message that the email has not been delivered; or
(c) if delivered by another agreed method – at the time specified by that method.

17. Changes to this Agreement

17.1 Updates

Intake may update this Agreement from time to time. Intake will provide the Customer with reasonable notice of material changes, which may be done by posting the updated Agreement on Intake’s website and/or by email notification.

17.2 Material Adverse Changes

If a change to this Agreement materially and adversely affects the Customer, the Customer may terminate this Agreement by giving written notice to Intake within 14 days of being notified of the change. If the Customer does not terminate within that period and continues to use the Services after the effective date of the change, the Customer is deemed to have accepted the updated Agreement.

18. General

18.1 Governing Law and Jurisdiction

This Agreement is governed by the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts that may hear appeals from those courts.

18.2 Relationship of the Parties

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between the parties.

18.3 Entire Agreement

This Agreement, together with any documents expressly incorporated by reference (including Intake’s Privacy Policy), constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements, understandings and representations.

18.4 Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision will be read down or severed to the minimum extent necessary so that the remaining provisions continue in full force and effect.

18.5 No Waiver

A failure or delay by a party to exercise any right or remedy under this Agreement does not operate as a waiver of that right or remedy. A waiver of a right or remedy must be in writing and signed by the party giving it.

18.6 Order of Precedence

If there is any inconsistency between the terms of this Agreement and any other document or policy referred to in this Agreement, the terms of this Agreement will prevail to the extent of the inconsistency, unless expressly stated otherwise.