TERMS OF SERVICE

1. Agreement to These Terms

By accessing or using the OmniPulse website at www.omnipulseai.ai, submitting an enquiry or contact form, engaging with our communications, or entering into a professional services arrangement with OmniPulse (ABN: 18 685 524 387), operated by Omnipulse Pty Ltd ("OmniPulse," "we," "us," or "our"), you ("you," "your") agree to be bound by these Terms of Service ("Terms").

If you are acting on behalf of a business, organisation, or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" and "your" refer to that entity.

These Terms apply to all visitors, enquirers, and clients of OmniPulse. They govern our website, how we communicate with you, and the professional services we provide.

If you do not agree with these Terms, you must not use our website or submit an enquiry.

2. Definitions

In these Terms, the following meanings apply:

"AI Agent" means an artificial intelligence-powered digital assistant, built and operated on The Augmented 4's platform, capable of performing tasks including voice calls, email communication, SMS, chat, scheduling, and CRM operations.

"The Augmented 4" or "A4" means The Augmented 4 Pty Ltd (ACN: 686 749 575), OmniPulse's technology partner, whose enterprise AI agent platform OmniPulse uses to conduct its own business communications and which OmniPulse introduces to clients as a reseller.

"Confidential Information" means any non-public proprietary information disclosed by either party in connection with these Terms, including business plans, pricing, client lists, technical information, and strategic discussions.

"Contact Submission" means any enquiry, booking request, form submission, or other communication you send to OmniPulse through our website or any other intake channel.

"Material Breach" means a significant violation of these Terms that substantially affects the ability of the non-breaching party to receive the intended benefit of the engagement, including but not limited to: (i) non-payment of agreed fees; (ii) unauthorised use of deliverables or confidential information; (iii) violation of applicable laws in connection with the engagement; or (iv) conduct that is illegal, fraudulent, or harmful to OmniPulse or third parties.

"Personal Information" has the meaning given in the Privacy Act 1988 (Cth).

"Professional Services" means the AI strategy consulting, implementation advisory, and technology introduction services provided by OmniPulse to clients as described in Section 8.

"Usage Data" means data generated from your interactions with OmniPulse communications, including call records, email open and response data, and website analytics.

3. Who We Are and What We Do

OmniPulse is an AI strategy and commercial advisory business operating in Australia and New Zealand. We help businesses understand, adopt, and implement artificial intelligence solutions that are practical, measurable, and fit for purpose.

Our activities include:

• (a) Identifying and engaging prospective clients through outbound and inbound marketing, including calls, emails, SMS, and digital channels;
• (b) Conducting discovery sessions and demonstrations to introduce AI agent technology to businesses;
• (c) Providing professional AI strategy consulting services, including assessment, planning, and implementation advisory;
• (d) Acting as an authorised reseller and introducer of The Augmented 4's enterprise AI agent platform, connecting clients with that platform's technology and services; and
• (e) Using AI-powered tools, including The Augmented 4's platform, in the conduct of our own business development and client communications.

OmniPulse does not provide software-as-a-service directly to clients. Where a client proceeds with The Augmented 4's platform following an introduction by OmniPulse, the client enters into a direct agreement with The Augmented 4 for those services. OmniPulse's role is to advise, introduce, and support the client through that process.

4. Our Technology Partner

OmniPulse operates as an authorised reseller and commercial partner of The Augmented 4 Pty Ltd. The AI agent technology that OmniPulse uses in its own communications, and introduces to clients, is developed, hosted, and maintained by The Augmented 4.

4.1 OmniPulse's Role

OmniPulse is your primary point of contact for strategy, sales, and advisory. We manage your enquiry, conduct discovery and demonstrations, and where relevant, facilitate an introduction to The Augmented 4 for platform services. OmniPulse is responsible for the conduct of its own communications and advisory services.

4.2 The Augmented 4's Role

The Augmented 4 provides the underlying technology platform, infrastructure, and AI capabilities. Where you engage with The Augmented 4 directly following an OmniPulse introduction, your agreement with The Augmented 4 is governed by their own Customer Agreement and Terms and Conditions. OmniPulse is not a party to that agreement and does not assume responsibility for the delivery of The Augmented 4's platform services.

4.3 Platform Hosting

The Augmented 4's platform is hosted on Australian AWS infrastructure, maintaining data sovereignty within Australia.

4.4 No Guarantee of Third-Party Performance

OmniPulse does not control and cannot guarantee the performance, availability, or conduct of The Augmented 4's platform or services. Any warranties or representations made in these Terms are given by OmniPulse in our capacity as a professional services provider and do not extend to The Augmented 4 unless expressly stated.

5. Eligibility

To submit an enquiry, engage with OmniPulse, or enter into a professional services arrangement, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. If acting on behalf of a business, you must be duly authorised to do so.

OmniPulse's services are designed for business and professional use. We reserve the right to decline to engage with any person or entity if we reasonably believe these eligibility requirements are not satisfied.

6. Contact Form Submissions and Consent to Communication

6.1 What Happens When You Submit a Form

When you submit a contact form, booking request, or any other enquiry through our website or intake channels, you are taking an active step to initiate contact with OmniPulse. By doing so, you acknowledge that you have read and agree to these Terms.

6.2 Consent to Be Contacted

By submitting a Contact Submission, you expressly consent to OmniPulse contacting you in connection with your enquiry. This includes contact via:

• (a) telephone, including outbound calls that may be made by or with the assistance of AI-powered voice agents;
• (b) email, including automated or AI-assisted follow-up communications;
• (c) SMS; and
• (d) any other channel you have provided contact details for.

You understand and agree that initial and follow-up contact may be initiated and conducted in whole or in part by an AI Agent, and not by a human representative of OmniPulse.

6.3 These Terms Are a Condition of Submission

You cannot submit a Contact Submission without agreeing to these Terms. Agreeing to these Terms does not prevent you from withdrawing consent to further contact at any time, as set out in Section 6.4.

6.4 Withdrawing Consent to Be Contacted

You may withdraw consent to future contact from OmniPulse at any time by:

• (a) emailing Dclelland@omnipulseai.ai or bshaddick@omnipulseai.ai;
• (b) informing any OmniPulse representative or AI Agent during a communication; or
• (c) using the unsubscribe facility provided in any electronic communication.

Withdrawal of consent to contact does not affect the validity of these Terms or any processing carried out before withdrawal. OmniPulse will action all withdrawal requests within five business days in accordance with the Spam Act 2003 (Cth).

6.5 Consent Records

OmniPulse maintains records of all consents obtained, including the date, method, and terms applicable at the time of collection, in accordance with the requirements of the Australian Communications and Media Authority.

7. How We Contact You

7.1 Outbound Calling Hours

OmniPulse AI Agents and human representatives will only initiate outbound calls during hours permitted by applicable law. In Australia, this means:

• (a) weekdays between 9:00 AM and 8:00 PM local time of the recipient;
• (b) Saturdays between 9:00 AM and 5:00 PM local time of the recipient; and
• (c) no calls on Sundays or national public holidays.

For recipients located in New Zealand or other jurisdictions, OmniPulse will comply with the calling hour restrictions applicable in the recipient's location.

7.2 Caller Identification

All outbound calls made by or on behalf of OmniPulse will display a valid and accurate calling line identification number in compliance with the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017.

7.3 Do Not Call Register

OmniPulse maintains procedures to comply with the Do Not Call Register Act 2006 (Cth). Call lists are checked against the Australian Do Not Call Register before any outbound calling activity is initiated. You may request to be added to OmniPulse's internal do-not-contact list at any time by contacting us at Dclelland@omnipulseai.ai or bshaddick@omnipulseai.ai.

7.4 Electronic Marketing

All commercial electronic messages sent by OmniPulse comply with the Spam Act 2003 (Cth). Every commercial electronic message will:

• (a) clearly identify OmniPulse as the sender;
• (b) include accurate contact details; and
• (c) provide a functional and free-of-charge unsubscribe facility that remains operational for at least 30 days.

Unsubscribe requests will be actioned within five business days. OmniPulse will not send further commercial electronic messages to any person who has unsubscribed, except where expressly permitted by law.

7.5 Call Recording

OmniPulse may record telephone calls for quality assurance, training, compliance, and to enable accurate follow-up from call content. Where required by law, you will be informed that a call is being recorded at the commencement of the call.

8. Professional Services

8.1 Scope of Services

OmniPulse offers professional AI strategy and implementation advisory services to businesses. These services may include, but are not limited to:

• (a) AI readiness assessments and strategy development;
• (b) workflow analysis and automation planning;
• (c) facilitation of AI agent demonstrations and proof-of-concept engagements;
• (d) introduction and referral to The Augmented 4 for AI agent platform services; and
• (e) implementation support and ongoing strategic advisory.

The specific scope of services provided to any individual client will be agreed in a separate written engagement or service order.

8.2 No Guarantee of Outcomes

OmniPulse provides advisory services based on skill, experience, and available information. We do not guarantee specific business outcomes, revenue improvements, or operational results. AI technology and its commercial application involve inherent uncertainty, and client results will depend on factors outside OmniPulse's control.

8.3 Client Responsibilities

Clients engaging OmniPulse's professional services are responsible for providing accurate information, timely feedback, and reasonable access to people and systems necessary for the delivery of services. OmniPulse is not liable for delays or reduced service quality arising from a client's failure to meet these obligations.

8.4 Fees and Payment

Fees for professional services will be agreed in writing prior to commencement. Unless otherwise agreed, invoices are due within 14 days of issue. Overdue amounts may accrue interest at 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower.

8.5 The Augmented 4 Platform Services

Where a client proceeds to engage The Augmented 4 directly for platform services following an introduction by OmniPulse, that arrangement is governed entirely by The Augmented 4's own Customer Agreement, Terms and Conditions, and Privacy Policy. OmniPulse is not a party to that agreement and accepts no liability for the delivery, availability, or performance of The Augmented 4's platform.

9. Acceptable Use of Our Website

You agree to use the OmniPulse website only for lawful purposes and in a manner consistent with all applicable laws. You must not:

• (a) attempt to gain unauthorised access to any part of our website, systems, or data;
• (b) use our website to transmit or upload malicious code, viruses, or harmful content;
• (c) scrape, harvest, or collect personal information or content from our website without authorisation;
• (d) interfere with the availability or performance of our website or services;
• (e) use our website in connection with any fraudulent, misleading, or unlawful activity; or
• (f) reproduce, distribute, or otherwise exploit our website content without our prior written consent.

10. Consent to AI-Assisted Communication

10.1 Our Use of AI in Communications

OmniPulse uses AI-powered voice and messaging agents, built on The Augmented 4's platform, in the conduct of its own business development and client communication activities. This includes making outbound calls, sending follow-up messages, and managing enquiry responses.

10.2 AI Disclosure

OmniPulse is committed to transparency. Our AI Agents will identify themselves as AI-powered at the commencement of any call or communication, where required by applicable law or where reasonably practicable. OmniPulse does not direct or program AI Agents to misrepresent their nature as human.

10.3 Your Consent at Point of Enquiry

By submitting a Contact Submission, you acknowledge and expressly consent to:

• (a) being contacted by AI Agents on behalf of OmniPulse via telephone, email, SMS, and chat;
• (b) calls being recorded, transcribed, and processed for the purposes of follow-up, quality assurance, compliance, and AI performance improvement; and
• (c) information you provide during AI Agent interactions being handled in accordance with our Privacy Policy.

10.4 What We Do With Call Data

Information gathered during AI Agent communications, including voice recordings, transcripts, and interaction logs, is used to:

• (a) facilitate accurate and relevant follow-up with you;
• (b) maintain records of your enquiry and our communications;
• (c) improve the quality and performance of our communications; and
• (d) meet our compliance and record-keeping obligations.

We do not sell your personal information to third parties. We do not share your information with parties unrelated to the delivery of our services.

10.5 Withdrawal of Consent to AI Communications

You may withdraw consent to AI-assisted communications at any time as described in Section 6.4. Following withdrawal, OmniPulse will not initiate further AI-assisted contact with you, except where required to fulfil a pre-existing contractual obligation or as otherwise permitted by law.

11. Telemarketing and Communication Compliance

11.1 Australian Compliance

All OmniPulse communications comply with applicable Australian law, including:

• (a) the Spam Act 2003 (Cth), which prohibits sending unsolicited commercial electronic messages without consent and requires accurate sender identification and a functional unsubscribe facility in every message;
• (b) the Do Not Call Register Act 2006 (Cth), which prohibits telemarketing calls to registered numbers without a recognised exemption;
• (c) the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017, prescribing calling hours, caller identification, and call handling obligations; and
• (d) the Privacy Act 1988 (Cth) and the Australian Privacy Principles, governing the collection, use, disclosure, and storage of personal information.

11.2 New Zealand Compliance

Where OmniPulse contacts individuals in New Zealand, we comply with:

• (a) the New Zealand Privacy Act 2020 and associated Information Privacy Principles; and
• (b) the Telecommunications Information Privacy Code 2020.

11.3 International Compliance

Where OmniPulse contacts individuals outside Australia and New Zealand, we will use reasonable endeavours to comply with applicable telecommunications, privacy, and consumer protection laws in the recipient's jurisdiction, including:

• (a) the General Data Protection Regulation (EU) 2016/679 and the ePrivacy Directive 2002/58/EC for individuals in the European Economic Area;
• (b) the UK GDPR and the Privacy and Electronic Communications Regulations 2003 for individuals in the United Kingdom;
• (c) the California Consumer Privacy Act and California Privacy Rights Act for individuals in California; and
• (d) the Telephone Consumer Protection Act 47 U.S.C. 227 and applicable FCC regulations for individuals in the United States, including the requirement for prior express written consent for AI-generated voice calls.

11.4 Record Keeping

OmniPulse maintains records of all consents, Do Not Call Register wash dates, and communication logs for a minimum of five years, or such longer period as required by applicable law.

12. Your Privacy and How We Handle Your Data

12.1 What We Collect

When you submit a Contact Submission or engage with OmniPulse, we may collect personal information including your name, business name, email address, phone number, job title, and information you provide during calls or communications.

12.2 How We Use Your Information

We use personal information we collect for the following purposes:

• (a) to respond to your enquiry and conduct follow-up communications;
• (b) to assess whether and how OmniPulse's services may assist your business;
• (c) to send you relevant information about OmniPulse's services and The Augmented 4's platform;
• (d) to maintain accurate records of our interactions with you;
• (e) to meet our legal and compliance obligations; and
• (f) to improve the quality of our communications and services.

12.3 Who We Share Your Information With

OmniPulse does not sell, rent, or trade your personal information to third parties. We may share your information with:

• (a) The Augmented 4, where necessary to facilitate an introduction or demonstration of their platform on your behalf, subject to their Privacy Policy;
• (b) service providers who assist us in operating our business, including CRM, email, and communication platforms, subject to appropriate data processing arrangements; and
• (c) regulators, law enforcement, or other authorities where required by law.

12.4 Data Storage and Security

Personal information collected by OmniPulse is stored within Australia. We implement technical and organisational measures appropriate to the sensitivity of the information held, consistent with the requirements of APP 11 of the Privacy Act 1988 (Cth).

12.5 Data Retention

We retain personal information for as long as reasonably necessary to fulfil the purposes for which it was collected, or as required by law. Where you withdraw consent to contact and do not proceed as a client, we will retain minimum records sufficient to honour your withdrawal and comply with our legal obligations, and will otherwise delete or de-identify your information within a reasonable period.

12.6 Your Rights

You have the right to:

• (a) request access to the personal information OmniPulse holds about you;
• (b) request correction of inaccurate or out-of-date information;
• (c) withdraw consent to marketing communications at any time; and
• (d) make a complaint to the Office of the Australian Information Commissioner if you believe your privacy rights have been breached.

To exercise any of these rights, contact us at Dclelland@omnipulseai.ai or bshaddick@omnipulseai.ai.

12.7 Overseas Disclosure

Where personal information is processed outside Australia, including through cloud-based tools or The Augmented 4's platform infrastructure, OmniPulse will take reasonable steps to ensure that overseas recipients handle your information in a manner consistent with the Australian Privacy Principles.

13. Automated Decision-Making and AI Transparency

Transparency Notice (APP 1.7, effective 10 December 2026): OmniPulse uses AI-powered technology in the conduct of its business communications.

13.1 How We Use Automated Systems

OmniPulse uses AI Agent technology powered by The Augmented 4's platform to assist in outbound prospecting, call management, and follow-up communications. These systems use information you provide, including contact details and information shared during calls, to personalise and manage communications with you.

13.2 Decisions Made With AI Assistance

OmniPulse does not use fully automated decision-making to make binding commercial or legal decisions about individuals. AI systems are used to assist in the scheduling and routing of communications, generating summaries of call content, and managing follow-up sequences. Human review is applied to all significant decisions, including whether to proceed with a commercial engagement.

13.3 Kinds of Personal Information Used

Personal information used in automated communication processes includes names, contact details, call recordings, and interaction history.

13.4 Your Rights in Relation to Automated Processing

Where any automated process is used in connection with a decision that significantly affects your rights or interests, you have the right to request human review of that decision. Contact us at Dclelland@omnipulseai.ai to make such a request.

14. Intellectual Property

All intellectual property rights in the OmniPulse website, brand, content, materials, and advisory deliverables created for clients are owned by OmniPulse or its licensors. The underlying AI agent technology is owned by The Augmented 4.

Nothing in these Terms transfers any intellectual property rights to you, except a limited, non-exclusive right to use deliverables provided to you under a professional services engagement for your internal business purposes.

15. Confidentiality

Each party agrees to keep confidential any proprietary or non-public information disclosed by the other party in connection with an enquiry or engagement. This obligation does not apply to information that is publicly available, independently developed without reference to confidential information, or disclosed by a third party without restriction.

Confidentiality obligations survive the end of any engagement for a period of two years.

16. Limitation of Liability

16.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, OmniPulse and its directors, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website, your Contact Submission, or any engagement with OmniPulse.

16.2 Liability Cap

To the maximum extent permitted by law, OmniPulse's total aggregate liability for all claims arising under these Terms will not exceed the total fees paid by you to OmniPulse in the twelve months preceding the event giving rise to the claim. Where no fees have been paid, liability is limited to AUD $500. This limitation does not apply to liability that cannot be excluded by law, including under the Australian Consumer Law, or to liability for death, personal injury, fraud, or wilful misconduct.

16.3 The Augmented 4 Platform

OmniPulse is not liable for losses arising from the performance, availability, or conduct of The Augmented 4's platform or services, which are provided under a separate agreement between you and The Augmented 4.

17. Indemnification

You agree to indemnify and hold harmless OmniPulse and its directors, officers, and employees from and against any claims, losses, damages, liabilities, and reasonable legal costs arising from: (a) your use of our website or communications in violation of these Terms; (b) your violation of any applicable law; or (c) your infringement of any third-party rights.

18. Warranties and Disclaimers

To the maximum extent permitted by applicable law, the OmniPulse website and general communications are provided "as is" and "as available." OmniPulse makes no warranty that the website will be uninterrupted or error-free, or that information on the website is complete or current.

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy implied or imposed by the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.

19. Australian Consumer Law

Certain guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) cannot be excluded. Nothing in these Terms purports to exclude, restrict, or modify any such guarantee. To the extent permitted by law, our liability under any non-excludable guarantee is limited to re-supplying the relevant service or paying the cost of having it re-supplied.

20. Termination of Engagement

20.1 Professional Services Engagements

Termination rights for professional services engagements, including notice periods and any early termination obligations, will be set out in the relevant written engagement or service order.

20.2 Website Access and Communications

OmniPulse reserves the right to restrict access to our website or cease communications with any person who has breached these Terms, engaged in conduct that is unlawful or harmful, or who has made a withdrawal of consent to contact.

20.3 Survival

Provisions that by their nature should survive the end of any engagement or these Terms, including confidentiality, intellectual property, limitation of liability, indemnification, and governing law, will continue to apply.

21. Dispute Resolution

The parties agree to first attempt to resolve any dispute arising from these Terms or a professional services engagement through good-faith negotiation. If the dispute is not resolved within 30 days of written notice, either party may refer the matter to mediation administered by the Australian Disputes Centre in Sydney, New South Wales. If mediation does not resolve the dispute, either party may pursue the matter through the courts as set out in Section 22.

22. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia, and any appellate courts.

23. Changes to These Terms

OmniPulse may update these Terms from time to time. Where changes are material, we will provide at least 30 days' notice by email to any address associated with an active engagement, or by posting a notice on our website. Continued use of our website or ongoing engagement with OmniPulse after the effective date of any change constitutes acceptance of the revised Terms.

24. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any written service order or engagement letter, constitute the entire agreement between you and OmniPulse in respect of the subject matter and supersede all prior understandings, whether written or oral.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

Waiver: No waiver of any provision is effective unless made in writing and signed by the waiving party.

Assignment: You may not assign your rights or obligations under these Terms without OmniPulse's prior written consent. OmniPulse may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Force Majeure: Neither party will be liable for failure to perform obligations due to causes beyond its reasonable control, including natural disasters, government action, pandemics, or failure of third-party telecommunications infrastructure.

Relationship of Parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and OmniPulse.

Notices: All formal notices must be sent in writing to the addresses in Section 25, or to the email address associated with your engagement.

25. Contact Information

For questions about these Terms, privacy concerns, or to exercise any right described in these Terms, contact us at: