AI Ticket Reply by New Aim – Terms of Service
Effective Date: 20-May-2025
These Terms of Service (“Terms”) govern your access to and use of the “AI Ticket Reply by New Aim” API (“API”), operated by New Aim Pty Ltd (ABN 50 115 804 432) (“New Aim”, “we”, “our”, or “us”). By accessing or using the API, you (“you”, “your”, or the “Customer”) agree to be bound by these Terms.
1. Overview of Services
1.1. AI Ticket Reply by New Aim is an API designed to streamline customer support workflows by automatically classifying and responding to tickets using AI-generated replies. Key features include:
(a) Intent-based ticket classification
(b) Automated responses based on pre-defined templates
(c) Adjustable confidence thresholds for classification
(d) Manual and automatic reply modes
1.2. You are responsible for configuring the API within your Zendesk environment and ensuring its use aligns with your internal policies and applicable laws.
2. Eligibility and Access
2.1. You may use the API only if you:
(a) are 18 years or older,
(b) have the authority to bind your organisation to these Terms, and
(c) comply with all applicable laws and regulations.
2.2. Access to the API may require an active Zendesk subscription and administrative permissions in your Zendesk instance.
3. Licence Grant
3.1. Subject to your compliance with these Terms, New Aim grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the API solely for your internal business operations.
3.2. You may not:
(a) Reverse-engineer, decompile, or attempt to extract the source code of the API
(b) Use the API to develop competing products
(c) Sell, sublicense, or otherwise transfer access to the API
4. Customer Responsibilities
4.1. You are solely responsible for:
(a) Ensuring templates, thresholds, and configurations are appropriate for your use case
(b) Monitoring API outputs and reviewing replies for accuracy
(c) Complying with all data privacy and customer communication laws (including but not limited to the Privacy Act 1988 (Cth))
4.2. You agree not to use the API for unlawful, harmful, misleading, or abusive communications.
5. Data Use and Privacy
5.1. New Aim may collect and process data generated from your use of the API, including metadata, usage statistics, ticket classifications, and response outputs, for purposes including:
(a) Monitoring system performance and ensuring reliability
(b) Improving the functionality, accuracy, and performance of the API
(c) Conducting business analytics and usage trend analysis
(d) Developing new features, enhancements, and related services
5.2. We will not use your customer content (e.g. ticket body text or personal data) for unrelated marketing purposes or share it with third parties except where required by law or with your express consent.
5.3. All data handling by New Aim will comply with the Privacy Act 1988 (Cth) and our Privacy Policy, which outlines how we collect, store, use, and disclose personal information.
5.4. You remain responsible for ensuring that any data shared with the API is collected and used in accordance with applicable laws, and that you have obtained all necessary consents from your end-users or customers as required.
6. Availability and Support
6.1. The API is provided on an “as-is” and “as-available” basis. While New Aim will make reasonable efforts to ensure uptime and functionality, we do not guarantee uninterrupted access. Support services may be available subject to a separate agreement.
7.1. New Aim offers a 7-day free trial for new users of the API. The free trial grants access to all standard features of the API for evaluation purposes. At the end of the 7-day period, continued access to the API requires a paid subscription.
7.2. After the trial period, a subscription fee will apply, which will be disclosed prior to your continued access to the API. All fees are quoted in United States Dollars (USD) and are exclusive of any applicable taxes, including Australian Goods and Services Tax (GST), unless otherwise stated. You are responsible for any taxes, duties, or charges that may apply based on your location or the location of your business.
7.3. You must provide valid payment details before the free trial begins. By submitting your payment information, you authorise New Aim to store those details securely and automatically charge the applicable subscription fee at the end of the 7-day free trial period, unless you cancel your subscription before the trial expires. Following the trial, the subscription fee will be charged on a recurring monthly basis until you cancel. You can manage or cancel your subscription at any time via your account settings. Failure to cancel before the trial period ends will result in the first subscription charge being applied, and no refunds will be issued for that initial charge unless required by law.
7.4. If a payment is declined, dishonoured, or otherwise fails, we may immediately suspend or terminate your access to the API. You will be notified of the failed payment and given a reasonable period (usually 7 days) to update your payment details. Continued non-payment may result in permanent termination of your account.
7.5. You may cancel your subscription at any time via your account settings or by contacting us. Cancellation will take effect at the end of the current billing cycle. No refunds will be provided for partial billing periods, except where required by law.
8. Intellectual Property
8.1. All intellectual property rights in the API, underlying models, and software remain the exclusive property of New Aim or its licensors. You retain ownership of your own ticket data and response templates.
9. Disclaimer of Warranty
9.1. While New Aim uses commercially reasonable efforts to ensure the API performs as intended, you acknowledge that we make no representation or warranty:
(a) that your access to the API (including any payment platforms on the API) will be, timely, secure, uninterrupted and/or error-free;
(b) that the API will be compatible with any feature or program associated with the Zendesk Website;
(c) that any defects on the API will be corrected;
(d) that any information disclosed on the API will be accurate, up to date, complete or useful; or
(e) that the API or the server which stores and transmits the API to you are free from viruses or any other harmful components.
10. Limitation of Liability
10.1. You acknowledge that the API is a support tool and should be used with human oversight. You are solely responsible for how you use the API and for any decisions, communications, or actions taken based on API-generated outputs. New Aim accepts no responsibility for any consequences arising from reliance on those outputs.
10.2. To the maximum extent permitted by law, the API is provided “as is” and “as available”, without warranties or representations of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
10.3. To the extent permitted by law, in no event will New Aim be liable for any indirect, incidental, special, or consequential loss, including loss of profits, business interruption, data loss, or damage to goodwill arising out of or related to your use of the API.
10.4. New Aim’s total aggregate liability for any claim under these Terms, whether in contract, tort (including negligence), statute or otherwise, will not exceed the total amount paid by you for access to the API in the 6 months immediately preceding the claim.
10.5. Nothing in these Terms excludes, restricts or modifies any consumer guarantees or rights you may have under the Competition and Consumer Act 2010 (Cth) or other applicable legislation. Where permitted, New Aim’s liability for a breach of a non-excludable guarantee is limited to the resupply of the services or the cost of resupply.
11. Indemnification
11.1. You agree to indemnify, defend and hold harmless New Aim, its directors, employees, agents and affiliates from and against any and all claims, losses, damages, liabilities, costs or expenses (including reasonable legal fees) arising from or related to:
(a) Your misuse of the API
(b) Your breach of these Terms
(c) Any content, configuration, or template data you provide or process via the API
(d) Any claim by a third party that arises in connection with your use of the API in breach of law or third-party rights
11.2. This indemnity survives termination of these Terms.
12. Termination
12.1. New Aim may suspend or terminate your access to the API at any time if you breach these Terms or if required to comply with applicable law. Upon termination, all licences granted under these Terms will cease.
13. General Terms
13.1. These Terms prevail in the event that anything in, or associated with the API is inconsistent with these Terms.
13.2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
13.3. These Terms and any contract to which they apply shall be governed by the laws of Victoria, Australia and are subject to the jurisdiction of the courts of Victoria, Australia.
13.4. We are not liable whatsoever to you for any direct or indirect losses and/or expense suffered by you arising out of a breach by us of these Terms, including our negligence.
13.5. Our failure to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
13.6. We may provide any notice required under these Terms by sending an email to each User (“Notice”).
13.7. We may amend or vary these Terms at our sole discretion by giving reasonable Notice, and the varied Terms are to take effect immediately upon Notice being given. Your continued use of the API after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please discontinue your use of the API.
