01 Who we are
The agreement
Talkgate is operated by Talkgate AI, a New Zealand company. When these terms say "we", "us" or "Talkgate", that is who we mean. "You" is the partner, or the client business of a partner, using the service. By signing up, using an agent, or letting calls forward to a Talkgate number, you agree to these terms. If you are agreeing on behalf of a business, you confirm you are allowed to do that.
You can reach us any time at [email protected].
02 What Talkgate does
The service
Talkgate provides AI agents that answer, screen, qualify and route calls, make outgoing calls, handle texts, WhatsApp messages, website chat and email, join meetings, take messages, send summaries, and book appointments into your connected calendar or booking system. The exact behaviour depends on the brief you configure and the integrations you connect. We may add, change or remove features over time to keep improving the product.
03 Your account
Keeping it yours
You are responsible for your account, your login details, and everything your agents do under your brief. Keep your password safe and tell us straight away if you think someone else has access. You must be at least 16 and using Talkgate for a genuine business purpose, not to break the law.
04 Plans and pricing
What you pay for a plan
Talkgate is sold through partners, and each partner sets its own prices for its clients. If you are a client, your plan, your price and any included amounts are in your agreement with your partner. If you are a partner, your rates are in your agreement with us. Custom or negotiated rates, where they have been agreed in writing, apply as written.
05 Minutes and call charges
Included minutes, then the agreed rate
A plan may include an allowance of call minutes. If you use more than your allowance, extra minutes are charged at the rate in your plan. Your plan says how inbound and outbound minutes count, how part minutes are rounded, and whether an allowance rolls over.
06 Text and WhatsApp messages
Messages
Texts and WhatsApp messages sent by your agent on your behalf, such as call summaries, booking confirmations and follow ups, are charged as your plan says. WhatsApp is charged apart from texts. If you connect your own WhatsApp Business number, you pay WhatsApp directly for it.
07 Billing and payment
How we charge
A client is billed by whoever supplies its service, usually its partner. A partner is billed by us. Depending on the account, payment is taken automatically or an invoice is sent. Card payments, direct debits and invoices are processed by providers such as Stripe, Windcave, GoCardless, PayPal, Xero and MYOB. If a payment fails or an invoice is overdue, agents may be paused until it is settled. You will always be told first.
You will be told in advance of any change to standard pricing.
08 Trials and demos
Try before you pay
You may be given a demo number or a trial period so you can see Talkgate working before you pay anything. If your trial includes a free period, billing starts when that period ends unless you cancel first. Trial offers may change or end at any time.
09 Cancelling
Walking away
A client cancels through its partner, and a partner cancels by emailing us, on the notice in the relevant agreement. Your plan stays active until the end of the current billing cycle, and we do not refund part months unless the law requires it. When you cancel, you keep access to your transcripts and data until your account is closed, in line with our privacy policy.
10 Acceptable use
Use it for good
Talkgate is for legitimate business call and message handling. You agree not to use it to break the law, to harass or deceive people, to send bulk unsolicited marketing calls or texts in breach of the Unsolicited Electronic Messages Act or its equivalent where you operate, or to handle calls you are not authorised to handle. Campaigns may only ring or message lists you own, and never bought, scraped or harvested numbers. You are responsible for telling callers what they need to know and for getting any consent the law requires, including consent to record where that applies, and consent to be messaged on WhatsApp. If you use WhatsApp through Talkgate, you also agree to follow WhatsApp's own business and messaging policies.
11 Phone numbers and forwarding
Numbers and carriers
Talkgate can work by forwarding your calls to a Talkgate number. Numbers we provide stay ours and are loaned to you while you are a customer. Call connection depends on telephony carriers we do not control, and standard carrier call records may be held by them for billing and regulatory reasons. You are responsible for your own line rental and any charges your own provider makes for forwarding.
12 Third party services
The other companies in the loop
Talkgate relies on third parties such as voice and language providers, telephony carriers, text message gateways, Meta for WhatsApp, calendar and CRM systems, payment processors and cloud hosting. When you connect one of these, you also agree to their terms. Depending on your plan, a client may enter its own keys to direct call logs, transcripts or skills to third party models in other countries. That is the client's choice and responsibility. We choose reputable providers, but we are not responsible for outages or changes on their side. How your data flows through them, and which ones they are, is covered in section 05 of our privacy policy.
13 Your content and ours
Who owns what
Your briefs, recordings, transcripts and contacts are yours. You give us the permission we need to process them so we can run the service for you. The Talkgate software, branding and underlying technology stay ours. We do not train AI models on your transcripts, as set out in our privacy policy.
14 Availability
We aim high, not perfect
We work hard to keep Talkgate running around the clock, but no online service is up 100% of the time. We may need to take the service down for maintenance, and parts we depend on can fail. A partner may have a separate written service level agreement. Outside of that, the service is provided on an "as is" basis.
15 Liability
Where we draw the line
Nothing in these terms limits any rights you have under the Consumer Guarantees Act or the Fair Trading Act where they apply. If you are using Talkgate in trade, you agree those Acts do not apply to the extent the law lets you contract out of them. To the extent allowed by law, our total liability to you in any 12 month period is limited to the fees you paid us in that period, and we are not liable for indirect or consequential loss such as lost profits or missed business.
16 Suspension and termination
When we can step in
We may suspend or close an account that breaches these terms, that puts the service or other customers at risk, or that has unpaid charges. Where it is reasonable, we will warn you first and give you a chance to put it right. If we close your account, we will help you export your data where we can.
17 Governing law
New Zealand law
These terms are governed by New Zealand law, and the New Zealand courts have non exclusive jurisdiction over any dispute. We would always rather sort things out by talking first, so email us before anything else.
18 Changes
When these terms change
We will update this page if our terms change. Material changes get an email to your account address at least 14 days before they take effect. The date at the top of this page is always the current effective date. If you keep using Talkgate after a change takes effect, you accept the updated terms.
Questions
Just ask
Email [email protected] or use the contact page. We answer in plain English, usually within a few hours during NZ business hours.