1. Introduction
Welcome to Drive Chat Pty Ltd (ABN 15 169 285 885) (“Drive Chat”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your access to and use of our live chat and AI chatbot services, website, and associated platforms and tools (the “Service”). By engaging Drive Chat, you agree to these Terms, our Privacy Policy, and any other applicable policies.
Drive Chat provides services to clients in Australia, New Zealand, the United Kingdom and the United States, and may serve clients in other regions from time to time.
2. Definitions
“Client” means the business or entity subscribing to and using the Service.
“End User” means a visitor or user of the Client’s website or digital platform.
“Service” means the live chat and AI chatbot services provided by Drive Chat, including human agent chat support and, where separately agreed in writing, AI Concierge and Hybrid AI plus Live Agent solutions. The standard managed live chat service is delivered by trained human agents unless the Client’s service agreement specifies an AI or Hybrid solution.
“AI Provider” means a third party provider of AI language model technology that Drive Chat accesses through business (API) connections to deliver AI or Hybrid solutions.
“Sub-processor” means a third party engaged by Drive Chat to process End User personal information on the Client’s behalf.
“Personal Information” means information about an identified or reasonably identifiable individual, and includes personal data as defined under the UK GDPR where applicable.
“Agreement” means the contract between the Client and Drive Chat, including these Terms and any Subscription Plan.
3. Acceptance of Terms
By accessing or using the Service, you accept these Terms in full. If you do not agree, you must stop using the Service.
4. Service Scope and Use
The Service is provided for lead capture, customer engagement and support, based on information provided by the Client. Drive Chat does not guarantee any specific results, lead volumes, conversions or response times unless agreed in writing.
5. Client Responsibilities
The Client is responsible for:
– providing accurate, current and complete information about its business;
– ensuring content shared with Drive Chat is lawful and non-infringing;
– notifying Drive Chat of changes to offerings, pricing or contact details in a timely manner; and
– ensuring lead delivery email addresses and integrations it provides are accurate, maintained and functioning.
6. Account Security
You are responsible for the confidentiality of your account credentials and all activity under your account. Drive Chat is not liable for unauthorised access resulting from your failure to secure your login information.
7. Intellectual Property
All intellectual property in the Service, including software, processes, reports, scripts, chat settings, training materials and designs, remains the exclusive property of Drive Chat. No licence or right to use Drive Chat intellectual property is granted except as agreed in writing. Unauthorised reproduction, disclosure, modification or use, particularly in transitioning to a competitor, is prohibited and may result in legal action.
8. Prohibited Conduct
You must not use the Service for unlawful, fraudulent, harmful or abusive purposes; interfere with or disrupt the Service; attempt to gain unauthorised access to related systems or networks; or transmit any virus or malicious code.
9. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis, and Drive Chat makes no warranties or guarantees, express or implied, regarding:
– the accuracy or reliability of information provided during chats;
– uninterrupted or error free operation; or
– compatibility with third party platforms or integrations.
All information relayed to End Users is based on Client supplied data. The Client is responsible for verifying accuracy and compliance, and for any business or financial decision made based on chat interactions.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded. To the extent a guarantee that cannot be excluded applies, Drive Chat’s liability for failing to comply with it is limited, at Drive Chat’s option, to re-supplying the relevant service or paying the cost of having it re-supplied.
10. Limitation of Liability
Subject to clause 9 and to the maximum extent permitted by law, Drive Chat and its directors, employees, agents and contractors are not liable for:
– errors, omissions or delays in lead delivery;
– leads not received or sent to an incorrect or inoperative address;
– failures caused by the Client’s hosting, email systems, CRM or API platforms, or third party tools;
– changes to or removal of chat code by the Client or its contractors;
– business decisions made based on information provided during chats; or
– loss of revenue, opportunity or goodwill due to technical issues or service changes.
The Service involves operational dependencies outside Drive Chat’s control. Subject to clause 9, Drive Chat’s maximum aggregate liability under any claim will not exceed the amount paid by the Client in the 30 day period preceding the claim.
Drive Chat is committed to reliable service delivery and will investigate and respond to any reported lead delivery or platform failure within 2 business days, and will work with affected Clients to resolve issues within its direct control.
11. AI Services and Client Responsibility
Where AI or Hybrid solutions are used, AI generated outputs are probabilistic and may be inaccurate or incomplete. The Client is responsible for reviewing, testing, monitoring, validating and approving any AI generated output or AI assisted decision before relying on it in its own systems, operations, decisions or business processes. To the maximum extent permitted by law, Drive Chat is not liable for the Client’s reliance on AI outputs without such review.
Drive Chat accesses AI Providers through business (API) connections, not consumer accounts. Under these arrangements, Drive Chat does not provide End User Personal Information, and does not permit it to be used, to train AI Providers’ models. AI Providers state that they retain such information only briefly for security purposes and then delete it, or do not retain it where zero data retention has been arranged. Drive Chat does not control AI Providers’ systems and does not warrant their performance or data handling.
12. Indemnity
To the extent permitted by law, you agree to indemnify Drive Chat and its officers, employees and agents from claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from:
– your use or misuse of the Service;
– your breach of these Terms;
– your content or your website;
– your failure to notify End Users or to maintain a lawful basis for the processing you instruct Drive Chat to perform; or
– any claim by an End User or third party relating to your website, content or conduct.
13. Data Privacy and Protection
Drive Chat complies with applicable privacy laws, including the Australian Privacy Act and the UK GDPR where applicable. When processing End User Personal Information on the Client’s behalf, Drive Chat acts as the Client’s service provider and the Client is the organisation responsible for that information. The Client warrants that it has provided the necessary notices to its End Users and has a lawful basis for the processing it instructs Drive Chat to perform.
Drive Chat engages Sub-processors to deliver the Service, including categories such as a live chat platform, AI Providers, and reporting and lead management tools. A current list of Sub-processors is available to Clients on request. Drive Chat will give reasonable advance notice of any material change to its Sub-processors.
Personal Information may be processed in Australia, the United States, the United Kingdom and the Philippines, and by AI Providers in the United States, in accordance with applicable law.
Retention: chat transcripts and lead records are retained by Drive Chat for 13 months. Client contact data is retained for the duration of the relationship and a reasonable period afterwards. Billing records are retained for 7 years as required by law. Clients with documented compliance requirements may request adjusted retention in writing, and Drive Chat will assess such requests in good faith. Billing retention is set by law and cannot be varied.
In the event of a confirmed data breach affecting End User Personal Information, Drive Chat will notify the affected Client without undue delay, and will aim to do so within 72 hours of becoming aware, with information about the nature of the breach, the data affected, and the steps being taken. This supports the Client’s obligations under the Notifiable Data Breaches scheme and, where applicable, the UK GDPR.
Drive Chat will assist Clients with End User access, correction and deletion requests, and other regulatory obligations, on request.
14. International Data Transfers
Where transfers of Personal Information require transfer safeguards under the UK GDPR or other applicable law, Drive Chat will enter into the applicable Standard Contractual Clauses and, for UK transfers, the UK International Data Transfer Addendum, or rely on another lawful transfer mechanism. Drive Chat will give reasonable notice of changes in law that materially affect data processing arrangements and will work with affected Clients to maintain compliance.
15. Third Party Services
The Service operates with third party platforms, including our live chat platform, AI Providers, and reporting and lead management tools. Drive Chat selects providers that meet appropriate security and compliance standards. While Drive Chat takes reasonable steps to ensure their reliability and security, it makes no warranty regarding the ongoing performance or data handling of third party platforms, and, subject to clause 9, disclaims liability for disruptions or data incidents caused by third party systems outside its direct control. Clients will be notified of material changes to third party platform arrangements with reasonable advance notice.
16. Subscription, Upgrades, Downgrades, Cancellation and Payments
16.1 Subscription and Billing. Services are billed monthly in advance and commence on the 1st day of each calendar month. The Service remains active while accounts are paid up to date. Where accounts are overdue, Drive Chat may suspend functionality until full payment is received.
16.2 Trial Period. Trial periods may be offered for a minimum of three months to assist evaluation. During this period, Clients may upgrade with immediate effect.
16.3 Upgrades and Downgrades. Upgrades take immediate effect and apply to current and ongoing billing cycles. Downgrades require a minimum of 30 days written notice and take effect from the start of the next calendar month after the notice period. No changes apply retroactively or without written confirmation.
16.4 Cancellations and Notice. Clients may cancel with 30 days written notice. Service and billing continue through to the end of the notice period, whether or not the Client continues to use the Service or removes Drive Chat’s code.
16.5 Code Removal or Disruption. If the Client removes or modifies the Drive Chat chat code, or if technical disruptions affect performance, the Client remains liable for full payment of the agreed package through to the end of any applicable notice period.
17. Lead Management and Communication
Drive Chat will take reasonable care to deliver leads to the addresses or endpoints provided by the Client. Drive Chat is not responsible for monitoring delivery success or confirming the operational status of recipient systems. It is the Client’s responsibility to ensure lead addresses and integrations are accurate, maintained and functioning. Monthly automated lead summary reports may be provided for visibility but should not be relied on as a sole record.
18. Data Deletion on Termination
On termination, Drive Chat will, on the Client’s written request, delete or return End User Personal Information held on the Client’s behalf, except where retention is required by law, within a reasonable period.
19. Force Majeure
Drive Chat is not liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including internet outages, system failures, natural disasters, cyberattacks, acts of war, or changes in law.
20. Changes to Terms
We may update these Terms from time to time. Updated versions are posted on our website with the effective date. Continued use of the Service constitutes acceptance of the revised Terms.
21. Governing Law
These Terms are governed by the laws of the State of Victoria, Australia. Disputes will be resolved in the courts of Victoria.
22. Contact Us
Drive Chat Pty Ltd
ABN 15 169 285 885
Email: [email protected]
Phone: (03) 9556 5495 (within Australia)
Version 1.0
Effective date: 2 June 2026