ZealVM Terms of Service

Last updated: [DATE]

These terms govern use of ZealVM, a voicemail service provided by Zeal Consultants Limited ("Zeal", "we", "us"), a company registered in New Zealand.

By using ZealVM you agree to these terms. If you are using ZealVM through your employer, your organisation has agreed to them on your behalf and may have a separate written services agreement with us; where that agreement conflicts with these terms, that agreement takes precedence.

1. The service

ZealVM answers calls that you do not answer on your mobile, plays a greeting you have recorded, records the caller's message, transcribes it, and delivers it to you through the ZealVM application, push notifications and (optionally) email.

Use of ZealVM requires a Microsoft 365 work or school account and that your organisation has been enabled on the service.

2. Accounts and access

Access is granted through your organisation's Microsoft 365 tenant. Your organisation's administrator controls who may use ZealVM and can remove access at any time. You are responsible for keeping your Microsoft account secure and for activity carried out under it.

You must not attempt to access another person's or organisation's mailbox, circumvent access controls, or use the service to break any law.

3. Call diverting and telephony

To use ZealVM you divert unanswered calls from your mobile to a number we provide. Setting up and removing those diverts is your responsibility, and any charges your mobile provider applies to diverted calls are a matter between you and that provider.

While diverts are active, ZealVM answers calls that would otherwise reach your mobile provider's voicemail.

4. Acceptable use

You must not use ZealVM to record calls unlawfully, to store content that is unlawful, or in any way that interferes with the service or other users. New Zealand law generally permits a party to a call to record it; if you are unsure of your obligations, take your own advice.

5. Availability

We aim to keep ZealVM available at all times and monitor it continuously, but we do not guarantee uninterrupted service. Planned maintenance will be notified in advance where practical. Service levels, if any, are set out in your organisation's separate services agreement.

Important: ZealVM is not an emergency service and must not be relied on for urgent or emergency communications. If ZealVM is unavailable while your diverts are active, callers may not be able to leave a message.

6. Your content

You retain ownership of your greetings, voicemails and transcripts. You grant us the limited right to store and process that content solely to provide the service.

We do not use your content for any other purpose, do not sell it, and do not use it to train artificial intelligence models. Transcription is performed on our own infrastructure; recordings are not sent to third-party transcription services.

Your use of ZealVM is also subject to our Privacy Statement: https://zeal.net.nz/zealvm-privacy

7. Data protection

Where we process personal information on behalf of your organisation, we do so on their instructions and in accordance with the Privacy Act 2020. Retention periods are configurable by your organisation. On request, and on termination, we will export your organisation's data and then delete it from active systems, with backup copies expiring in the normal rotation.

8. Fees

Fees, billing periods and payment terms are as set out in your organisation's services agreement or quotation. Where no separate agreement exists, the service is provided on the terms quoted to your organisation in writing.

9. Suspension and termination

Either party may terminate on 30 days' written notice unless a separate agreement provides otherwise. We may suspend access immediately where use breaches these terms, threatens the security or integrity of the service, or where fees are substantially overdue.

On termination, your organisation may request an export of its data within 30 days, after which it will be deleted.

10. Liability

Nothing in these terms limits rights that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993 where it applies. Where the service is supplied for business purposes, the Consumer Guarantees Act does not apply.

To the extent permitted by law:

• We are not liable for indirect or consequential loss, loss of profits, loss of business, or loss of data beyond our reasonable control.

• Our total liability arising out of or in connection with the service in any 12-month period is limited to the fees paid for the service in that period.

We are not liable for failures caused by matters outside our reasonable control, including telecommunications network faults, your mobile provider's services, or your own network or devices.

11. Changes to these terms

We may update these terms from time to time. Material changes will be notified to organisations using the service at least 30 days in advance. Continued use after that period constitutes acceptance.

12. Governing law

These terms are governed by the laws of New Zealand, and the New Zealand courts have exclusive jurisdiction.

Contact

Zeal Consultants Limited Email: support@zeal.net.nz Website: https://zeal.net.nz