Terms of Service
Last updated: 24 August 2026
1. Parties and acceptance
1.1. These Terms of Service ("Terms") are between JoPaJoEm Pty Ltd (ACN 125 834 184) as trustee for the JoPaJoEm Family Trust (ABN 98 473 397 086), trading as "Inqelo", of 167 Flinders Street, Adelaide SA 5000, Australia ("Inqelo", "we" or "us"), and the person or organisation identified during registration or in an order ("Customer" or "you").
1.2. By creating an account, accepting an order, or using the Service, you agree to these Terms. If you accept for an organisation, you confirm that you have authority to bind it.
1.3. These Terms, any accepted order, the Data Processing Agreement where applicable, and policies expressly incorporated here form the agreement between the Parties (the "Agreement").
1.4. Business customers only. Inqelo is provided solely for business and professional use and is not available to consumers. By creating an account or subscribing to Inqelo, you represent that you are acting for purposes relating to your trade, business or profession and not as a consumer.
2. The Service
2.1. Inqelo captures and processes inbound enquiries from calls, forms and email; transcribes and analyses them; extracts configured information; estimates lead value; and returns results and configured signals to Customer systems (the "Service"). Available functions depend on the Customer's plan and configuration.
2.2. The Service automates the entire extraction process using artificial-intelligence systems: all content received by the Service is extracted with AI and then passed through generated algorithms and software that interact with AI systems. Outputs produced by the Service are AI-generated, and the in-product setup assistant is an AI system. Results are probabilistic and may be incomplete or incorrect. You must apply appropriate human review before relying on a result for a material decision.
2.3. We may improve the Service without materially reducing the core functions included in your active plan. Additional or materially different services may be subject to separate terms or an order.
3. Accounts and authorised use
3.1. You must provide accurate registration and billing information, keep it current, and ensure each person using the Service has an authorised account.
3.2. You are responsible for activity under your accounts and for keeping passwords, session access and API keys secure. Tell us promptly at support@inqelo.com if you reasonably suspect unauthorised use.
3.3. You must not use the Service unlawfully; attempt to bypass security or access another customer's data; interfere with the Service; introduce malicious code; resell or make the Service available to third parties unless an order permits it; or reverse engineer the Service except where applicable law does not allow that restriction.
4. Customer data and responsibilities
4.1. "Customer Data" means data, content and configuration supplied by or for Customer, or collected through Customer's use of the Service, including Customer Personal Data described in clause 5.
4.2. Customer retains its rights in Customer Data and gives Inqelo the limited right to process it as necessary to provide, secure, maintain, test and monitor the Service for Customer and to meet our legal obligations.
4.3. Customer is responsible for the lawfulness, accuracy and quality of Customer Data and its instructions. Customer must provide required privacy notices, lawful bases and consent signals, including any notice or consent required to record and analyse calls.
4.4. Customer must not intentionally configure the Service to solicit special-category or similarly sensitive personal data. If that data is captured unexpectedly, Customer must notify Inqelo so it can be handled under the DPA.
4.5. General guidance concerning Customer's data responsibilities is available in Customer Data Responsibilities. That guidance does not amend or form part of this Agreement.
5. Customer Personal Data and the DPA
5.1. Where Customer uses the Service to process personal data relating to its prospects, callers and enquirers, or the other Data Subjects described in the Data Processing Agreement ("Customer Personal Data"), Customer acts as controller and Inqelo acts as processor. Where Customer acts as a processor for another controller, Inqelo acts as Customer's sub-processor.
5.2. Customer Personal Data is the "Lead Data" defined in the Data Processing Agreement ("DPA"). The DPA is incorporated into and forms part of the Agreement.
5.3. When Customer accepts these Terms for a company during company onboarding, a plan change or through an accepted order, Customer also accepts the incorporated DPA. Acceptance of these Terms executes the European Commission Standard Contractual Clauses and the UK International Data Transfer Addendum incorporated by the DPA. The SCC module matching the Parties' actual roles applies automatically.
5.4. Customer Personal Data is stored at rest in EU regions under the DPA and applicable transfer safeguards. Inqelo is established in Australia, and limited authorised personnel may access the Service from Australia under those safeguards, including the Standard Contractual Clauses. Certain infrastructure providers may process network traffic or associated metadata outside the EEA, as disclosed in the sub-processor list referred to in clause 7.2. This is not a claim that Customer Personal Data is immune from non-EU jurisdiction.
5.5. If these Terms conflict with the DPA about Customer Personal Data, the DPA prevails. The SCCs and UK Addendum prevail for transfers they govern.
6. Data handling, security and privacy
6.1. Inqelo stores Customer Data according to Customer's configured retention period and the DPA. Where call recording is enabled, call audio is stored by Inqelo in the EU and processed by Inqelo and its authorised Sub-processors for transcription and analysis.
6.2. Inqelo maintains the technical and organisational measures in Schedule 2 of the DPA. No internet service is completely secure, but this does not reduce either Party's obligations under the DPA or applicable law.
6.3. Personal data relating to account holders, rather than Customer's enquirers, is handled under the Privacy Policy, where Inqelo acts as controller.
6.4. Inqelo will notify Customer of Personal Data Breaches in accordance with the DPA.
7. Integrations and Sub-processors
7.1. Customer may connect the Service to Customer-controlled advertising, analytics, telephony and other third-party accounts. Customer authorises Inqelo to interact with those accounts as configured and remains responsible for its relationship with those providers.
7.2. Inqelo may use Sub-processors to provide the Service in accordance with the DPA. The current authorised list is available on the Sub-processors page.
7.3. A third-party service may change, suspend or stop its own service. Inqelo is not responsible for that third party's independent acts, but remains responsible for its Sub-processors to the extent required by the DPA.
8. Plans, fees and payment
8.1. The plan, included Inqelo credits, billing interval, currency, fees and any trial or custom terms shown during checkout or in an accepted order form part of the Agreement.
8.2. Customer authorises Inqelo's payment provider to charge the applicable recurring fees, taxes and additional usage charges to the selected payment method. Additional usage is charged according to the pricing accepted at checkout or in the order.
8.3. Except where the Agreement or applicable law provides otherwise, paid fees are non-refundable. Customer must keep a valid payment method and pay undisputed amounts when due.
8.4. We may change pricing for a future renewal period by giving reasonable advance notice. A pricing change does not alter fees already paid for the current billing period.
8.5. Unused amounts, including those arising from a plan change, are held as account credit and applied to future invoices. Account credit is not payable in cash.
9. Intellectual property and feedback
9.1. Inqelo and its licensors retain all rights in the Service, software, documentation, models, designs and other materials provided by Inqelo. No rights are granted except the limited right to use the Service during the Agreement.
9.2. Customer may use results produced from its Customer Data for its business purposes, subject to these Terms and applicable law. Customer remains responsible for decisions made from those results.
9.3. If Customer voluntarily provides feedback, Customer permits Inqelo to use it without restriction or payment, provided Inqelo does not identify Customer publicly without permission.
10. Confidentiality
10.1. Each Party must protect the other Party's non-public information using reasonable care and use it only to perform or exercise rights under the Agreement. This obligation does not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received without restriction.
10.2. A Party may disclose confidential information where legally required if, where lawful, it gives advance notice and reasonable assistance to limit the disclosure.
11. Service availability and warranties
11.1. Inqelo will provide the Service with reasonable care and skill but does not promise uninterrupted or error-free operation, or that automated outputs will always be accurate or suitable for Customer's particular purpose.
11.2. To the maximum extent permitted by law, all warranties or conditions not expressly stated in the Agreement are excluded.
11.3. Nothing in the Agreement excludes, restricts or modifies a guarantee, right or remedy under the Australian Consumer Law or another law where doing so would be unlawful.
12. Liability
12.1. To the maximum extent permitted by law, neither Party is liable to the other for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, arising from the Agreement.
12.2. To the maximum extent permitted by law, Inqelo's total aggregate liability arising out of or relating to the Service, these Terms and the DPA is limited to the fees paid or payable by Customer to Inqelo during the 12 months immediately before the event giving rise to the claim.
12.3. The exclusions and cap do not apply to fraud or wilful misconduct, death or personal injury caused by negligence, a liability that applicable law does not permit a Party to limit, or a Data Subject's third-party beneficiary rights under the SCCs. Nothing in this clause limits or contradicts liability arising under the Standard Contractual Clauses or any other liability that applicable law does not permit the Parties to limit. Customer's obligation to pay fees is not limited by this clause.
13. Customer indemnity
Customer will indemnify Inqelo against a third-party claim to the extent it results from Customer's unlawful Customer Data, unlawful instructions, failure to provide required notices or consents, or material breach of clause 3 or 4. Inqelo must notify Customer promptly, give Customer reasonable control of the defence and settlement, and provide reasonable cooperation. Customer may not settle a claim in a way that admits fault by or imposes a non-monetary obligation on Inqelo without Inqelo's consent.
14. Suspension and termination
14.1. Customer may cancel or terminate as provided in its subscription or order. Unless the applicable cancellation flow or order states otherwise, cancellation takes effect at the end of the current paid billing period.
14.2. Either Party may terminate the Agreement if the other materially breaches it and does not remedy the breach within 14 days after written notice, or immediately if the breach cannot be remedied. Either Party may terminate immediately if the other becomes insolvent, subject to applicable law.
14.3. Inqelo may suspend access where reasonably necessary to prevent material harm, address unlawful use, protect the Service or other customers, or respond to overdue undisputed fees. Where practicable, Inqelo will give notice and a reasonable opportunity to remedy the issue.
14.4. On termination, Customer must stop using the Service and pay accrued amounts. Customer Personal Data is returned or deleted as stated in clause 7.10 of the DPA. Clauses intended by their nature to survive termination remain effective.
14.5. Customer may end the Agreement, including in order to move the Service to another provider, on notice of not more than 30 days. Inqelo will export Customer Data and assist with the transition at no charge. Inqelo then closes out the account: use to the termination date is charged at Inqelo's standard undiscounted monthly rate for the plan, and any remaining amount is settled with Customer.
15. Changes to these Terms
15.1. We may update these Terms to reflect changes to the Service, law, security or our business. The current Terms and their last-updated date will remain available on this page.
15.2. We will notify every active account of a material legal, privacy or compliance change by email before it takes effect. These are required Service notices and do not have a separate subscription or opt-out. If a material change substantially disadvantages Customer, Customer may stop using and cancel the affected Service before the change takes effect.
16. Governing law and disputes
16.1. These Terms and the Agreement are governed by the laws of South Australia, Australia. The courts of South Australia have exclusive jurisdiction, except where applicable law gives a Party a non-excludable right to bring proceedings elsewhere.
16.2. This clause does not change the governing law or forum of the SCCs or UK Addendum, which are stated in the DPA.
17. General
17.1. Neither Party may assign the Agreement without the other's written consent, not to be unreasonably withheld, except to an affiliate or as part of a merger, reorganisation or sale of substantially all relevant assets, provided the assignee can perform the Agreement.
17.2. Neither Party is liable for delay caused by events beyond its reasonable control, except for payment obligations.
17.3. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder continues. A failure to enforce a provision is not a waiver. The Parties are independent contractors; the Agreement creates no partnership, agency or employment relationship.
17.4. The Agreement is the entire agreement about its subject matter and replaces earlier discussions or representations about that subject matter. An order may override these Terms only where it expressly identifies the provision being varied.
18. Contact
JoPaJoEm Pty Ltd (ACN 125 834 184)
as trustee for the JoPaJoEm Family Trust (ABN 98 473 397 086)
trading as Inqelo
167 Flinders Street, Adelaide SA 5000, Australia
General: support@inqelo.com
Privacy: admin@inqelo.com
