Terms of Use
Last updated: 20 May 2026
1. Acceptance
By creating an account or using the NightShift Service (“Service”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, do not use the Service. These Terms form a binding agreement between you (“you” or “Subscriber”) and Orbyx (trading as NightShift) (“we”, “us”, “our”).
2. The Service
NightShift provides an AI-powered after-hours telephone answering and job booking service (“Sarah”) for trade and service businesses. Sarah answers inbound calls, triages enquiries, captures caller details, and (depending on your Autonomy Dial setting) books jobs on your behalf.
We are a technology service provider. We do not provide trade services, and we are not responsible for the services performed by you or your business in response to leads or bookings generated by the Service.
3. Eligibility
You must be at least 18 years old and have the legal authority to enter into contracts on behalf of any business you register. By using the Service you represent that these conditions are met.
4. Account Responsibilities
- You are responsible for maintaining the confidentiality of your account credentials.
- You must notify us immediately of any unauthorised access to your account.
- You are responsible for all activity that occurs under your account.
- You must provide accurate information when setting up your account and keep it current.
5. Subscription, Billing & Cancellation
Plans and charges
The Service is offered on a monthly subscription basis. Your plan’s base fee and included booking allocation are as shown on the pricing page at the time of purchase. Calls that result in confirmed bookings beyond your plan’s included allocation are charged at the per-booking overage rate for your plan.
Billing cycle
Subscriptions are billed monthly in advance on the anniversary of your activation date. Overage charges are calculated at the end of each billing month and charged to the payment method on file.
Cancellation
You may cancel your subscription at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. We do not provide pro-rata refunds for unused days in a billing period, except where required by applicable consumer law (see clause 9).
Price changes
We will give you at least 30 days’ written notice before changing your subscription price. Continued use after the change date constitutes acceptance.
Failed payments
If a payment fails, we will attempt to retry and notify you by email. If payment remains outstanding for 7 days, we may suspend the Service until the account is brought current.
6. Your Obligations
You agree to:
- Comply with all applicable laws, including privacy, telecommunications, and consumer laws in your jurisdiction.
- Ensure your callers are aware their calls may be recorded (Sarah discloses this automatically).
- Not attempt to circumvent, disable, or reverse-engineer any part of the Service.
- Not use the Service to engage in fraudulent, deceptive, or illegal activity.
- Not resell, sublicense, or white-label the Service without our prior written consent.
- Keep your forwarding number configuration accurate so Sarah can correctly attribute calls.
7. Call Recording & Regulatory Compliance
Sarah discloses call recording at the start of every call in accordance with the Telecommunications (Interception and Access) Act 1979 (Cth) and applicable state surveillance legislation. As a Subscriber, you must not configure the Service in a way that disables or circumvents this disclosure.
You are solely responsible for any additional regulatory obligations that apply to your specific trade, business type, or jurisdiction (e.g. licensing requirements, industry codes of conduct).
8. Intellectual Property
All software, design, trademarks, and content comprising the Service are owned by or licensed to us. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.
Call records and booking data generated from your account are yours. We process that data to provide the Service and as described in our Privacy Policy.
9. Australian Consumer Law
Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Where the Service fails to meet a consumer guarantee, you may be entitled to a remedy under that law. Nothing in these Terms limits, excludes, or modifies any right or remedy you have under the Australian Consumer Law.
10. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or that Sarah will correctly classify every call or capture all caller details.
AI voice agents may make errors. You are responsible for reviewing call records and taking appropriate action on the information provided.
11. Limitation of Liability
To the maximum extent permitted by law (and subject to clause 9), our total liability to you for any claim arising out of or relating to these Terms or the Service is limited to the total fees you paid to us in the 3 months immediately preceding the event giving rise to the claim.
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost bookings, or loss of business opportunity, even if we have been advised of the possibility of such damages.
12. Termination
We may suspend or terminate your account immediately if you breach these Terms, if required by law, or if we reasonably believe your use of the Service puts us, other users, or third parties at risk. We will give you reasonable notice where practicable.
Upon termination, your right to use the Service ceases immediately. Clauses 8, 10, 11, and 14 survive termination.
13. Changes to These Terms
We may modify these Terms from time to time. We will notify you by email at least 14 days before material changes take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.
14. Governing Law & Disputes
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales, Australia for any dispute arising out of these Terms or the Service.
Before commencing proceedings, the parties agree to attempt to resolve any dispute in good faith by contacting legal@orbyx.cc and allowing 14 days for a response.
EU/EEA users: If you are a consumer located in the EU/EEA, you may also have access to the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
15. Contact
For legal or billing enquiries: legal@orbyx.cc
For privacy requests: privacy@orbyx.cc