1. The parties
These Terms are a contract between:
- Snackable Media Pty Ltd (ACN 643 012 239, ABN 18 643 012 239) trading as Proshop AI, of 9-13 Bronte Road, Bondi Junction, NSW 2022, Australia ("Proshop AI", "we", "us", "our"); and
- the legal entity that signs up to a Plan and identifies itself in the signup process (the "Customer", "you", "your").
Together we are the "Parties". This document, together with the Privacy Policy and the Acceptable Use Policy (each available at proshop.callproshops.com/legal), forms the entire agreement between us.
If you sign up on behalf of an entity (a golf club, a pro shop business), you represent that you have authority to bind that entity to these Terms.
2. What we provide
Proshop AI is an AI-powered concierge for golf pro shops. The service ("Service") answers your nominated phone number, WhatsApp and SMS, takes tee time booking requests, answers caller questions from a knowledge base you configure, and presents calls and bookings back to you through a dashboard.
The Service is provided as software-as-a-service. You access it through:
- the customer dashboard at
app.callproshops.com; - the inbound voice and messaging channels you nominate; and
- any other surfaces we expose to you from time to time.
We may update, change, or remove features of the Service. We will tell you in advance about any change that materially reduces the Service's functionality.
3. Your account
You give us accurate information when you sign up and keep it current. You are responsible for everything that happens under your account, including by your staff and anyone you authorise. You keep account credentials secure and tell us promptly if you suspect they have been compromised.
You may add additional staff users to your account. Each staff user must use their own credentials.
4. Plans, fees and overages
We offer the Plans set out at callproshops.com/pricing. Each Plan has:
- a monthly base price that covers a defined volume of interactions per month;
- a per-interaction overage rate that applies above the included volume; and
- optional add-ons (such as language add-ons), charged in addition to the base.
For the avoidance of doubt:
- An "interaction" is one inbound voice call (regardless of duration), OR one inbound message thread (a series of WhatsApp or SMS messages from the same number within a 30-minute window).
- Calls that hang up within 5 seconds (wrong numbers, accidental calls) do not count as interactions.
- Outbound messages we send on your behalf (booking confirmations, reminders) do not count as interactions.
- Calls the Service transfers to your staff still count as interactions.
We bill you monthly through Stripe. Your subscription auto-renews each month unless you cancel. We push interaction counts to Stripe each day; overage charges appear on the same monthly invoice as the base price.
Free trials. New customers begin on a 14-day free trial unless we agree otherwise in writing. The first three pilot customers receive a 60-day free trial under separate terms set out in the signup flow.
Price changes. We may change the price of any Plan or add-on by giving you at least 30 days' notice by email. Price changes take effect at the start of your next billing cycle.
GST. All prices are stated in Australian dollars and are exclusive of GST. GST will be added to invoices where applicable.
5. Hard cap (optional)
You may opt to set a hard cap on interactions in your dashboard settings. When the cap is reached for a billing month, the Service will politely refuse further interactions for that month rather than incurring overages. The hard cap is off by default.
6. Your data and ours
6.1 What we mean by "Customer Data"
"Customer Data" means:
- knowledge-base content you configure (hours, pricing, facts, lessons, booking rules, etc.);
- information about your staff users;
- bookings captured by the Service;
- transcripts of inbound calls and messages handled by the Service;
- caller phone numbers and any caller-provided information (names, emails, special notes); and
- any other information you or your staff provide to us.
6.2 You own Customer Data
You retain ownership of Customer Data. You grant us a non-exclusive, worldwide, royalty-free licence to use Customer Data solely to provide the Service to you, to operate and improve the Service, and to comply with our legal obligations.
6.3 We protect Customer Data
We store Customer Data in Australia (currently Supabase's ap-southeast-2 region in Sydney). We take reasonable steps to protect Customer Data, including encryption in transit and at rest, role-based access controls, and audit logging of staff access.
6.4 Caller personal information
The Service captures personal information about callers (your customers and prospective customers). You are the "APP entity" responsible for that personal information under the Privacy Act 1988 (Cth); we act as your service provider. Our handling of caller personal information is described in our Privacy Policy.
You must:
- ensure that your own privacy notice on your website discloses that calls and messages to your pro shop may be handled by Proshop AI and that personal information may be processed accordingly;
- not configure the Service in a way that would breach the Privacy Act or any other applicable privacy law; and
- comply with the Spam Act 2003 (Cth) and any other applicable communications laws if you instruct the Service to send outbound messages on your behalf.
6.5 Call recording (off by default)
By default the Service does not retain audio recordings of inbound calls. It transcribes the call to text and stores the transcript so you can see what was said. You may opt in to audio recording on a per-account basis in dashboard settings. If you opt in:
- the Service will verbally tell callers at the start of the call that audio recordings are kept; and
- audio recordings are retained for 90 days, then deleted.
Transcripts are retained for 18 months unless you ask us to delete them earlier.
6.6 Aggregated and anonymised data
We may use Customer Data in aggregated and anonymised form (so that no individual or business is identifiable) to operate, improve and benchmark the Service. We do not sell Customer Data.
7. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which forms part of these Terms. Breaching the Acceptable Use Policy is grounds for suspension or termination under clause 12.
8. The Service is not a substitute for staff judgment
The Service uses generative AI (currently Anthropic's Claude model) to interpret caller questions and respond. Although we work hard to keep responses grounded in your knowledge base, AI systems can produce incorrect or unexpected outputs.
You acknowledge that:
- the Service is a tool you operate, not a replacement for human staff judgment;
- bookings captured by the Service are requests that require your staff to confirm or reject before they are final;
- you remain responsible for the accuracy of your knowledge base, your hours, your pricing and your booking rules; and
- you are responsible for the outcomes of decisions you make on the basis of Service outputs.
9. Service availability
We aim for the Service to be available 99.5% of the time in any given calendar month, measured at the public APIs of the customer dashboard and the inbound webhook endpoints, excluding:
- planned maintenance, for which we give at least 24 hours' notice;
- emergency maintenance;
- outages caused by a third-party service we depend on (Twilio, Anthropic, Deepgram, ElevenLabs, Supabase, Resend, Stripe, Clerk, Fly, Vercel) where we have taken reasonable steps to mitigate; and
- factors outside our reasonable control (force majeure under clause 16).
If the Service is unavailable for more than 24 consecutive hours due to a fault on our side, you may claim a prorated credit equal to the affected portion of your base monthly fee, by email to support within 30 days of the outage.
10. Intellectual property
We own all intellectual property in the Service, including the software, the system prompts, the knowledge-base templates, the dashboard design, the brand and the documentation. Nothing in these Terms transfers IP from us to you, other than the limited licence to use the Service set out in these Terms.
You own all intellectual property in your Customer Data and in the configurations you build inside the Service.
11. Confidentiality
Each Party will treat the other Party's confidential information in confidence, use it only to perform under these Terms, and protect it with at least the care a reasonable business uses for its own confidential information. Confidential information does not include information that is or becomes public through no fault of the receiving Party, was already known to the receiving Party, or is independently developed without reference to the disclosing Party's confidential information.
This clause survives termination of the Terms.
12. Suspension and termination
12.1 Termination by you
You may cancel your subscription at any time through your dashboard or by emailing support. Cancellation takes effect at the end of the current billing month. We do not refund the base fee for the current month, but no further charges will accrue.
12.2 Termination by us
We may suspend or terminate your access:
- with 30 days' notice for convenience;
- immediately if you breach these Terms (including the Acceptable Use Policy) and do not cure the breach within 7 days of our notice; or
- immediately if your account is more than 14 days past due on payment, having received at least one reminder.
12.3 What happens on termination
On termination:
- your access to the Service ends;
- we will keep Customer Data available for export for 30 days, then delete it;
- you remain liable for any fees accrued up to the termination date; and
- the clauses that by their nature should survive (including 6, 10, 11, 13, 14, 15, 17) survive.
13. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in Schedule 2) or any other law that cannot lawfully be excluded.
Where the Australian Consumer Law applies to the supply of the Service to you, and where we are entitled to limit our liability, our liability is limited (at our option) to:
- supplying the Service again; or
- the cost of having the Service supplied again.
14. Limitation of liability
Subject to clause 13:
- No indirect or consequential loss. Neither Party is liable to the other for any indirect, consequential, special or punitive loss, including loss of revenue, loss of profit, loss of business opportunity, loss of goodwill, or loss of anticipated savings, in each case arising out of or in connection with these Terms or the Service.
- Cap on liability. Our total liability to you under or in connection with these Terms in any 12-month period is capped at the total fees you paid to us for the Service in the 3 months immediately before the event giving rise to liability. If you paid no fees in that period (for example, during a free trial), our total liability is capped at A$500.
These limits apply to all causes of action in aggregate, whether in contract, tort (including negligence), under statute or otherwise.
15. Indemnity
You indemnify us against any loss, damage, claim or expense we suffer or incur arising out of:
- your breach of these Terms, including the Acceptable Use Policy;
- your configuration of the Service in a way that causes the Service to provide incorrect information to a caller, where you knew or ought to have known the configuration was incorrect; or
- a claim by a third party (including a caller) arising from your knowledge base content, your hours, your pricing or your booking rules, except to the extent the claim arises from our breach of these Terms.
Our indemnity obligations to you are limited to the cap in clause 14.
16. Force majeure
Neither Party is liable for failure or delay in performing its obligations under these Terms if the failure or delay results from a cause beyond its reasonable control, including natural disaster, telecommunications failure, internet failure, third-party service-provider failure, government action or industrial dispute, provided that the affected Party takes reasonable steps to mitigate.
17. General
17.1 Governing law
These Terms are governed by the laws of New South Wales, Australia. Each Party submits to the exclusive jurisdiction of the courts of New South Wales.
17.2 Changes to these Terms
We may update these Terms by posting a revised version at proshop.callproshops.com/legal and giving you at least 30 days' notice by email. If you keep using the Service after the change takes effect, you are deemed to accept the change. If you object to a change, you may terminate under clause 12.1 before the change takes effect.
17.3 Notices
We give notices to you by email to the address you registered with. You give notices to us by email to legal@callproshops.com.
17.4 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms to a successor entity (for example, on a sale of the business) on written notice to you.
17.5 Independent contractors
The Parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture or employment relationship.
17.6 Severability
If any clause of these Terms is held to be invalid or unenforceable, the rest of the Terms remain in effect.
17.7 Entire agreement
These Terms, together with the Privacy Policy and the Acceptable Use Policy, are the entire agreement between the Parties and supersede any prior representations.
Contact for these Terms: legal@callproshops.com
Postal address: 9-13 Bronte Road, Bondi Junction, NSW 2022, Australia