Terms and Conditions

1. Who these Terms apply to

• Business customers: a shop owner or business that signs up, adds shops and staff, and chooses a plan.
• Users: anyone with an account, including staff invited by a business customer. Your Employer decides how it uses the Service for its workplace.
• Guests: people who book a table, join a waitlist or call a restaurant that uses the Service. Your booking is with the restaurant, not with Us. The restaurant provides the table and its own rules (such as deposits, cancellations and no-shows) apply.

Our Privacy Policy explains how We handle personal information. It forms part of these Terms.

Read the Privacy Policy.

2. Your account

• Give true and current details when You sign up, and keep them up to date.
• Keep Your password and sign-in codes private. You are responsible for what happens under Your account. Tell Us straight away if You think someone else has used it.
• Business customers are responsible for who they invite, the roles they give, and removing people who should no longer have access. This includes front desk tablets You pair: remove a tablet when it is lost or no longer used.
• One person, one account. Do not share an account.

3. Business customers and your staff

If You add staff or Guest information to the Service, You are responsible for having the right to do so and for telling those people how You use it, as required by the Privacy Act 1988 (Cth) where it applies to You.

The Service helps You roster, record hours and estimate pay. It does not replace Your own obligations as an employer. In particular:

• Pay figures in the Service are estimates based on the pay rules You set up. You are responsible for paying Your staff correctly under the Fair Work Act 2009 (Cth), the modern awards and any agreement that covers them.
• Timesheets We send to a connected payroll system (such as Xero) arrive as drafts. Check and approve them there before You pay anyone.
• You are responsible for keeping employee records for as long as the law requires. We keep time and pay records for seven years to help You do that.

4. Plans, prices and payment

Current prices are on Our website and in the dashboard before You choose a plan. All prices are in Australian dollars and exclude GST. GST is added to Your invoice where it applies.

• Free plan: free, with the limits shown on the pricing page.
• Team Pro: charged per company each month for each active employee. An active employee is a person (other than the owner) who clocked in at least once in that billing period. A person who works at more than one of Your companies is charged once. Rostering a person without a clock-in is not charged.
• Free trial: each owner can use the Team Pro free trial once. If You cancel before the trial ends, You are not charged.
• Enterprise: priced by quote, on the terms We agree in writing.

Payments are processed by Stripe. You authorise Us to charge Your saved card for each billing period, including usage (such as active employees and extra phone minutes) at the end of the period.

Cancelling. You can cancel Team Pro at any time in the dashboard. You can let it run to the end of the period, or end it now with no further charge for that period. When Team Pro ends, Your company moves to the Free plan and Free limits apply. We do not refund part periods, except where the Australian Consumer Law requires it.

Failed payment. If a payment fails, We retry it and email You. Everything keeps working for 14 days. If it is still unpaid after 14 days, Your company moves to the Free plan and its paid AI Front Desk shops are turned off. You cannot start a new paid plan while an invoice is unpaid.

Price changes. We will tell You by email at least one month before a new price applies to You, so You can cancel first if You want.

5. AI Front Desk

AI Front Desk is a paid add-on for each shop. The plans, included minutes and the price of extra minutes are shown before You choose.

• Choosing a plan costs nothing. Billing starts when We set up the phone line and the shop goes live.
• Minutes are counted from real calls in each billing period, added up and rounded up to whole minutes once for the period. Test calls are not counted. Included minutes are reduced for a part period.
• We email You at 80, 90 and 100 percent of Your included minutes. The assistant keeps answering after 100 percent, and extra minutes are charged.
• Upgrading is charged straight away for the rest of the period. Downgrading takes effect at the end of the period.
• Cancelling a live shop takes effect at the end of the billing period. The assistant keeps answering until then.

AI Voicemail is available to companies that pay for Team Pro or Enterprise. It answers missed calls only. It is free for the number of months shown on the pricing page from go-live, then it is charged at the price shown there. We email You 14 days before the first paid period, and You can cancel before then. Extra minutes are charged during the free months too. If Team Pro ends, AI Voicemail ends with it.

The AI can make mistakes. It can mishear a name, a number or a time, or give an answer that is not right for Your restaurant. You are responsible for:

• keeping the shop information the assistant uses (such as hours, menu notes and booking rules) correct;
• checking messages, booking requests and bookings the assistant takes, and following up with callers;
• making sure the assistant is right for Your business. It must not be relied on for emergencies, medical or allergy advice, or anything where a mistake could hurt someone.

The assistant tells every caller at the start that it is an AI assistant and that the call is transcribed. Do not change or remove this message.

6. Dowoomi Booking

A restaurant booking page and the walk-in waitlist are free for now. If We start charging for them, We will tell You before any charge applies.

• You are responsible for the information on Your restaurant page, the times You make available, and honouring bookings You accept.
• Your own booking rules (such as deposits, cancellation and no-show rules) are between You and Your Guests. We do not take payments from Guests.
• We only list a restaurant with the agreement of someone who can speak for it. You can ask Us to change or remove a listing at any time.
• Photos and text You upload must be Yours, or You must have permission to use them.

7. Acceptable use

You must not:

• use the Service for anything illegal, or to harass, mislead or harm anyone;
• enter personal information You have no right to use, or make fake bookings, waitlist entries or calls;
• try to get into accounts or data that are not Yours, or test or break Our security without Our written permission;
• copy, scrape, resell or reverse engineer the Service, or use it to build a competing product;
• overload the Service, or send spam or malware through it.

We may remove content or suspend access that breaks these rules.

8. Your data and Our software

Your data stays Yours. You give Us permission to store, copy and process it only as needed to run, support and improve the Service, and as described in Our Privacy Policy. We do not sell it and do not use it for advertising.

The Service, including its software, design and the Dowoomi name, belongs to Us. These Terms give You the right to use it while Your account is active. They do not transfer any ownership.

If You send Us feedback or ideas, We may use them without owing You anything.

9. Availability and changes to the Service

We work to keep the Service running, but We cannot promise it will always be available or free of errors. It depends on other services too, such as hosting, telephone and AI providers. We may need to stop it for maintenance or security.

We improve the Service often and may change or remove features. If a change removes something You pay for, We will tell You first. Features marked as beta are still being tested and may change or stop.

10. Consumer law and liability

Nothing in these Terms excludes, restricts or changes any right or remedy You have under the Australian Consumer Law or any other law that cannot be excluded.

Where the law allows Us to limit Our liability for a failure to meet a consumer guarantee, Our liability is limited, at Our choice, to supplying the service again, paying the cost of having it supplied again, or refunding the fees for the affected period.

Apart from those rights, the Service is provided "as is" and "as available". To the extent the law allows, We give no other promise that it will meet Your needs, be uninterrupted or be free of errors.

To the extent the law allows:

• Neither You nor We are liable to the other for indirect or consequential loss, such as lost profit, lost revenue, lost bookings, lost customers or damage to reputation, however it is caused.
• Our total liability to You for all claims together is limited to the fees You paid Us in the 12 months before the event that caused the claim, or A$100 if You paid Us nothing in that time.
• If data is lost or damaged, Our only duty is to take reasonable steps to restore it from Our most recent backup.
• We are not responsible for loss caused by a third party service (such as hosting, telephone, payment or AI providers), by information You or Your staff entered, or by decisions made on estimates or outputs of the Service (such as pay figures, AI call summaries or bookings taken by the AI).

These limits do not apply to loss caused by Our fraud or wilful misconduct, or where the law does not allow them.

11. Your responsibility for claims

If a business customer's staff member, Guest or caller makes a claim against Us because the business customer broke these Terms or the law, or because of information the business customer put into the Service without the right to do so, the business customer will cover Our reasonable costs and losses from that claim. This does not apply to the extent the claim was caused by Us.

12. Suspending and ending

You can stop using the Service and delete Your account at any time. A business owner must first remove or hand over their shops and businesses. Paid plans end as described in "Plans, prices and payment".

We may suspend or end Your access if You seriously or repeatedly break these Terms, do not pay, or use the Service in a way that puts others at risk. Where it is reasonable, We will warn You first and give You time to fix it.

When an account ends, We keep the records the law requires (such as time and pay records for seven years) and erase or de-identify the rest, as explained in Our Privacy Policy.

13. Events outside Our control

We are not responsible for a delay or failure caused by something outside Our reasonable control, such as an outage at a hosting, telephone, payment or AI provider, an internet or power failure, a cyber attack, a natural disaster, a pandemic or a change in law. We will tell You and work to restore the Service as soon as We reasonably can.

14. Transferring this agreement

We may transfer these Terms, and Your account and data, to a company We control (for example, if Dowoomi becomes a company) or to a buyer of all or part of the business. The same Terms and Privacy Policy will keep applying, and We will tell You when it happens. You may not transfer Your account to someone else without Our written agreement.

15. Sorting out a problem

If You or We have a problem with how the Service or these Terms are working, tell the other in writing first (by email is fine) and explain it. Both of us will try in good faith to sort it out within 30 days before starting court action. This does not stop either of us from asking a court for urgent help, and it does not affect Your rights under the Australian Consumer Law.

16. Changes to these Terms

We may update these Terms. We will post the new version here and change the "Last updated" date. For important changes, We will also tell business customers by email or in the Service before the change applies. If You keep using the Service after a change applies, You accept the new Terms.

17. Governing law

These Terms are governed by the laws of Victoria, Australia. You and We agree to the courts of Victoria. If any part of these Terms cannot be enforced, that part is read down or removed only as far as needed, and the rest still applies. If We do not enforce a right straight away, We do not give it up.