Last updated: 3 June 2025
1.1 These Terms of Service ("Terms") form a legally binding agreement between FifthGen, an unincorporated business operating in New South Wales, Australia ("FifthGen", "we", "our", "us") and each business client that engages us ("Client", "you", "your").
1.2 By (a) signing or accepting an order form, statement of work, proposal or email quotation that references these Terms, or (b) continuing to use any FifthGen service after receiving these Terms, you confirm you have read, understood and agree to be bound by them and by our Privacy Policy.
1.3 If you accept on behalf of an entity, you warrant you have authority to bind that entity; "Client" then refers to it.
1.4 If you do not agree, do not use our Services.
"Agent Minutes" – telephony minutes processed by FifthGen AI voice agents.
"Standard Plan" – the subscription tier that includes 5 000 Agent Minutes per billing cycle and inbound call handling of general business enquiries.
"Professional Plan" – the subscription tier that includes 5 000 Agent Minutes per billing cycle, inbound call handling of general business enquiries and the creation of bookings or appointments (e.g., service or test drive appointments).
"Comprehensive Plan" – the subscription tier that includes 5 000 Agent Minutes per billing cycle, all features of the Professional Plan, and integrations that surface live data from the Client's internal systems (e.g., CRM, DMS, inventory databases) or website via authorised APIs to answer real time queries.
"Confidential Information" – non public information disclosed in any form that a reasonable person would understand is confidential.
"Content" – data, audio, text or other material supplied by Client or callers, or generated during calls (e.g., recordings, transcripts).
"Intellectual Property Rights" – patents, copyrights, trade marks, database rights, trade secrets and all similar rights worldwide.
"Overage Charges" – fees for Agent Minutes beyond the plan allowance, at AUD 0.20–0.30 per minute (rate specified on the invoice).
"Services" – the design, deployment and operation of AI voice agents, associated APIs, provisioning of phone numbers, integrations, dashboards, support and any other service described in an order.
"Third Party Provider" – a vendor that supplies tooling (e.g., telephony, speech to text, language models) used within the Services.
3.1 FifthGen designs and hosts cloud based voice agents that answer or place calls, respond to spoken queries, make bookings and interact with Client systems.
3.2 Each agent is built from information you supply. We may connect to your DMS, CRM or other systems via APIs or authorised credentials you provide.
3.3 The Services orchestrate multiple Third Party Providers to transcribe speech, generate language responses and convert text to speech. Provider choices may vary by project; we disclose material sub processors in our Privacy Policy.
4.1 We onboard Clients manually; no self service portal is offered.
4.2 You must be at least 18 years old, duly organised under applicable law and able to form binding contracts.
4.3 You must supply accurate business details, integration endpoints and any data files we reasonably request.
5.1 Subscription. Services are sold by monthly subscription to either the Standard Plan, Professional Plan or Comprehensive Plan (together "Plans").
5.2 Inclusive Minutes. Each Plan includes 5 000 Agent Minutes per billing cycle.
5.3 Overage. Minutes in excess of the allowance incur Overage Charges of AUD 0.20-0.30 per minute, calculated and invoiced in arrears.
5.4 Currency & Taxes. All prices are in Australian dollars and exclude GST, VAT or similar taxes which, if applicable, are added to the invoice.
5.5 Invoices & Due Date. We email invoices in PDF; full payment is due seven (7) days from the issue date.
5.6 Late Fees. Overdue balances accrue interest at 1.5 % per month (or the maximum lawful rate, if lower) plus reasonable collection costs.
5.7 Changes. We may adjust Plan pricing or Overage Charges upon thirty (30) days' written notice; the new rates apply from the next renewal.
Client must not, and must not allow anyone to:
7.1 FifthGen retains all rights to the underlying platforms, algorithms, models, prompts and know how used to deliver the Services.
7.2 Client owns its own Content. By supplying Content you grant FifthGen and its Third Party Providers a worldwide, royalty free licence to host, use, copy, transmit, cache, display, modify and create derivative works from that Content solely to provide and improve the Services.
7.3 FifthGen may generate aggregated, de identified usage statistics; we own those statistics.
8.1 Our Privacy Policy describes how we collect, use and share personal information.
8.2 Call audio, transcripts and logs are retained for the shorter of (a) the period necessary to operate, secure and improve the Services or (b) the period permitted under an applicable order; you may request deletion at any time, and we will remove data from active systems within a commercially reasonable period.
8.3 We store data in Australia or other jurisdictions we consider to offer adequate protections; international transfers rely on recognised safeguard mechanisms (e.g., SCCs).
8.4 Client is responsible for obtaining all required consents under privacy and telecommunication laws.
9.1 We may route Content to Third Party Providers chosen by us or mutually agreed in writing. Your Content will be processed under those providers' terms.
9.2 We are not liable for acts or omissions of Third Party Providers, but will use reasonable efforts to engage reputable vendors and pass through any service level credits we receive.
10.1 Except as required by law, the Services are provided "as is" without service level guarantees. We endeavour to minimise downtime but do not warrant uninterrupted availability.
10.2 Email support is available at support@fifthgen.io during Australian business hours. We will use reasonable efforts to respond within one (1) business day.
11.1 FifthGen warrants it will provide the Services with reasonable care and skill.
11.2 Except as set out in these Terms, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non infringement.
11.3 Machine learning outputs may contain errors or duplicate responses generated for others; you assume all risk arising from use of Outputs.
12.1 To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, lost profits, revenue, data or business interruption.
12.2 Each party's total aggregate liability under these Terms (whether contract, tort or statute) is capped at the greater of (a) AUD 150 and (b) the fees paid by Client to FifthGen in the twelve (12) months preceding the claim.
12.3 Nothing limits liability for death, personal injury, fraud or any liability that cannot legally be limited.
13.1 Client will indemnify, defend and hold harmless FifthGen and its directors, officers and employees against claims arising from (a) Client Content, (b) Client's breach of these Terms or law, or (c) use of the Services in violation of section 6.
13.2 FifthGen will indemnify Client against third party claims that the hosted software (excluding Client Content) infringes those parties' Australian patents, copyrights or trade marks, provided Client (i) promptly notifies us, (ii) allows us to control defence and settlement, and (iii) cooperates at our expense.
14.1 Either party may terminate for convenience on thirty (30) days' written notice after the initial subscription term.
14.2 Either party may terminate immediately for material breach if the breach is not cured within fourteen (14) days of notice.
14.3 We may suspend Services with immediate effect if continued operation would breach law or pose a security risk.
14.4 On termination, all licences end and outstanding fees become due immediately. No refunds are provided for partial months. Sections that by nature survive (including 7–13, 16–22) remain in force.
We may modify the Services or these Terms at any time. Material changes take effect thirty (30) days after notice (email is sufficient). Continued use after that date constitutes acceptance. If you object, your sole remedy is to terminate before the change takes effect.
These Terms are governed by the laws of New South Wales, Australia without regard to conflicts principles.
17.1 Informal Resolution. The parties will first attempt in good faith to resolve any dispute by negotiation for thirty (30) days.
17.2 Binding Arbitration. If not resolved, any claim arising out of or relating to these Terms or the Services shall be finally settled by confidential arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under its Rules. The seat of arbitration is Sydney; the language is English; the tribunal will consist of one arbitrator.
17.3 Class Waiver. Proceedings must be conducted on an individual basis, not a class or representative action.
17.4 Emergencies & IP. Either party may seek injunctive relief in any competent court to protect confidential information or intellectual property rights pending arbitration.
Legal notices must be in writing and delivered by courier, hand, or email.
Email (preferred): support@fifthgen.io
A notice sent by email is deemed received at the time the message leaves the sender's outbox, provided the sender retains proof of transmission.
Physical delivery:
If a sender requires courier or personal service of documents, the sender must first request FifthGen's current service address by email. FifthGen will provide an Australian street address in Wollongong, NSW within two (2) business days of such request. A notice delivered to that address is deemed received on the date of delivery as confirmed by the courier or process server.
For clarity, email delivery satisfies any requirement under these Terms to give "written" or "legal" notice.
Neither party may assign these Terms without the other's written consent, except to an affiliate or successor in a merger or asset sale. Any unauthorised assignment is void.
A party is not liable for failure to perform caused by events beyond reasonable control, including natural disasters, war, civil unrest, government action, power or internet failures.
If any provision is unenforceable, it is severed and the remainder remains in effect. Failure to enforce any right is not a waiver of future enforcement.
These Terms and any referenced documents constitute the entire agreement and supersede all prior agreements or representations relating to their subject matter.