Terms of Service

Last updated: 2 November 2026

1. About these terms

These Terms of Service (Terms) are an agreement between you, the business signing up (you), and William Garske trading as MisfloAI, ABN 90 654 262 069, based in Sydney, Australia (MisfloAI, we or us).

By ticking the box at checkout and paying for a plan, you agree to these Terms. If you are signing up on behalf of a business, you confirm you are authorised to bind that business. Please read them carefully, and contact us if you have any questions before you buy.

2. The service

MisfloAI is a missed-call text back service. When a call to a business phone number connected to MisfloAI goes unanswered, we automatically send a text message to the caller on your behalf, collect any replies, and send you a summary so you can follow up. Follow-up replies to callers and the summaries we send you are written by an AI model. They are designed to collect enquiry details only, but may occasionally be inaccurate, so please check the details with the caller when you call back.

The features included in each plan (such as text allowances, the number of business phone numbers, dashboard access, monthly reports and support level) are described on our pricing page at the time you sign up.

MisfloAI is not an emergency service. Our automated messages may tell callers to call 000 if there is immediate danger, but we do not monitor messages in real time and you must not rely on MisfloAI to respond to emergencies.

3. Signing up

To sign up you must give us accurate and complete details, including your name, business name, phone number and email address, and keep them up to date. After you pay, we will contact you to set up MisfloAI on your business number(s). Your service starts once setup is complete.

Setup usually involves turning on call forwarding for unanswered calls with your phone provider. You are responsible for any charges your phone provider makes, and for keeping your call forwarding settings in place. We will help you with the setup steps.

4. Subscription, fees and billing

  • Monthly subscription. MisfloAI is a subscription that renews automatically every month until you cancel. Your plan fee is charged when you sign up and then every 30 days after that.
  • Setup fee. A one-off setup fee of A$99 is charged with your first payment.
  • Prices and GST. All prices are in Australian dollars (AUD). We are not currently registered for GST, so no GST is charged. You will receive a receipt by email for each payment.
  • Current prices: Basic A$29.99 per month; Pro A$99.99 per month; Enterprise A$499.99 per month.
  • Payments. Payments are processed by our payment provider, Whop. We do not see or store your full card details. By subscribing you authorise us, through Whop, to charge your payment method every 30 days until you cancel.
  • Failed payments. If a payment fails, we will let you know and Whop may retry it. If payment is still outstanding 14 days after we first notify you, we may suspend your service until it is paid.
  • Changing plans. You can ask to upgrade or downgrade at any time. The change will apply from your next billing date, unless we agree otherwise.

5. Plan allowances and fair use

Each plan includes a monthly allowance of outbound texts (sent to callers) and inbound texts (replies received), and a set number of business phone numbers. Allowances reset at the start of each calendar month and unused texts do not carry over.

If you reach your monthly text allowance, we will let you know by text and email, and automated texts pause until the start of the next month. There are no extra charges for going over. You can upgrade your plan at any time.

“Unlimited” on the Enterprise plan means there is no fixed monthly cap for normal use of the service, that is, responding to genuine missed calls to your connected business numbers. It does not cover bulk or marketing messaging, sending texts that are not triggered by a missed call, or use that is designed to get around the limits of other plans. If your usage is well beyond what is typical for your type of business, we will contact you to discuss it before taking any action.

6. Cancelling your subscription

You can cancel at any time, for any reason, by emailing MisfloAI@gmail.com or calling 0411 919 238. There is no lock-in contract or cancellation fee.

Your cancellation takes effect at the end of the billing month you have already paid for. You can keep using MisfloAI until then, and you will not be charged again. We will confirm your cancellation by email. After cancellation you should switch off call forwarding to MisfloAI with your phone provider.

7. Refunds

Except where the law requires otherwise (see section 12):

  • monthly fees are not refunded for partial months, including when you cancel part-way through a billing month; and
  • the setup fee is not refundable once we have started setting up your service. If you cancel before we have started setup, we will refund the setup fee in full.

If we are unable to set up MisfloAI for your business at all (for example, because it is not compatible with your phone provider), we will refund everything you have paid.

8. Your responsibilities

You agree that you will:

  • only connect phone numbers that belong to your business or that you are authorised to use;
  • use MisfloAI only to respond to people who have called your business, and not for unsolicited marketing, bulk messaging, or anything unlawful, misleading, offensive or harmful;
  • check that the wording of your automated messages is accurate for your business, and tell us if it needs changing;
  • follow up callers yourself. MisfloAI passes on enquiries, but responding to them, quoting, booking and doing the work is your responsibility; and
  • comply with all laws that apply to your business and your use of the service.

9. Text messages, consent and opt-outs

Automated texts are sent on behalf of your business, in reply to a call the person has made to you. Each message identifies your business and tells the recipient how to opt out (for example, by replying STOP).

When someone opts out, we will stop sending them automated messages from your business as soon as practicable, and in any case within 5 business days, as required by the Spam Act 2003 (Cth). You must not try to message someone through MisfloAI after they have opted out.

You are responsible for making sure your use of MisfloAI complies with the Spam Act 2003 (Cth), including having a lawful basis to contact the people we message on your behalf. If you are unsure, please ask us or seek advice.

10. Privacy and your customers’ data

We handle personal information in line with the Privacy Act 1988 (Cth) and our Privacy Policy.

Your callers’ phone numbers and messages belong to your business. We only use them to provide MisfloAI to you, to keep the service secure and working, and as required by law. We do not sell them or use them to market to your customers.

You must tell your customers how their information is handled where the law requires it (for example, in your own privacy policy). When your subscription ends, we will delete or de-identify your customers’ data within 90 days, unless we are required by law to keep it, and you can ask us for a copy before then.

11. Availability and no guaranteed results

We work hard to keep MisfloAI running reliably, but the service depends on phone networks, SMS carriers and other third parties that we do not control. Texts are usually sent within seconds, but we cannot guarantee that every message will be sent or delivered, or how quickly. There may also be planned maintenance or occasional outages.

MisfloAI is designed to help you follow up missed calls. We do not promise or guarantee any particular number of enquiries, jobs, bookings or amount of revenue, because that depends on many things outside our control, including how and when you respond.

12. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Nothing in these Terms excludes, restricts or modifies any right you have under that law.

13. Limitation of liability

To the extent permitted by law, including the Australian Consumer Law:

  • where our services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again;
  • neither of us is liable to the other for indirect or consequential loss, such as loss of profits, revenue or business opportunity, including jobs or bookings you believe you missed; and
  • each party’s total liability to the other under or in connection with these Terms is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law, or to loss caused by a party’s fraud, wilful misconduct or breach of privacy obligations.

14. Suspension and termination by us

We may suspend or end your service:

  • if you seriously breach these Terms and do not fix the breach within 14 days of us asking you to;
  • immediately, if you use MisfloAI for spam, fraud or anything unlawful, or in a way that puts our service, our carriers or other people at risk; or
  • if payment is overdue as described in section 4.

We may also stop offering MisfloAI altogether by giving you at least 30 days’ notice, in which case we will refund any fees you have paid for the period after the service ends.

15. Intellectual property

We own MisfloAI, including our software, website, branding and message templates. While your subscription is active, we give you a right to use the service for your business. You own your business name, logo and your customers’ data, and you let us use them only to provide the service to you.

16. Changes to the service, prices or these Terms

We may improve or change MisfloAI over time. We will not make changes that significantly reduce the features of your plan without giving you notice.

If we change our prices or make a change to these Terms that could negatively affect you, we will email you at least 30 days before it takes effect. If you don’t agree with the change, you can cancel before it takes effect, without any fee. Price changes will not apply to a billing month you have already paid for.

17. Complaints and disputes

If you have a problem or complaint, please contact us first so we can try to fix it. We aim to respond within 2 business days. If we can’t resolve it together within 30 days, either of us may refer the matter to mediation or to a relevant body, such as NSW Fair Trading or the Australian Small Business and Family Enterprise Ombudsman, before starting court proceedings (except where urgent relief is needed).

18. General

  • These Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have jurisdiction.
  • We may send notices to the email address you gave us when you signed up. You can send notices to us at the contact details below.
  • If any part of these Terms is found to be invalid or unenforceable, the rest of the Terms continue to apply.
  • We are not responsible for delays or failures caused by events outside our reasonable control, such as carrier or network outages, natural disasters or government action.
  • You may not transfer your subscription to someone else without our written agreement. We may transfer these Terms to a business that takes over MisfloAI, and will tell you if we do.
  • These Terms, together with the plan details shown at checkout and our Privacy Policy, are the entire agreement between us about MisfloAI.

19. Contact us

Email: MisfloAI@gmail.com
Phone: 0411 919 238
Based in Sydney, Australia