Last updated: 27 August 2026
Faith Computing Pty Ltd (ABN 94 138 361 510) trading as Profit Platform
This Addendum forms part of, and is read together with, our Terms of Use. It applies whenever you use the Platform’s email, SMS, MMS, RCS, voice calling or AI voice features (the Messaging Features) to contact any person (a Recipient).
1.1 When you use the Messaging Features, you are the sender, telemarketer, advertiser and caller for the purposes of applicable law. Profit Platform is not, and neither is any infrastructure provider we use.
1.2 We supply the technology. We do not create, review, approve or control the content, timing or recipient list of your communications.
1.3 You are responsible for every message and call sent from your account, including messages sent by your staff, by your sub-accounts, and by any automation or AI agent you configure.
2.1 Before contacting any Recipient you must have the consent required by law for that type of communication.
2.2 For commercial electronic messages, including email, SMS, MMS and RCS, you need express or inferred consent under the Spam Act 2003 (Cth). Inferred consent is narrow. It generally requires an existing business relationship, or the conspicuous publication of a work related electronic address where the message is relevant to that person’s role.
2.3 For telemarketing calls to Australian numbers, you must comply with the Do Not Call Register Act 2006 (Cth), including washing your calling lists against the Do Not Call Register unless a recognised exemption applies, and observing permitted calling hours.
2.4 Where Recipients are outside Australia, you must comply with the equivalent local law. This may include the CAN-SPAM Act and the Telephone Consumer Protection Act in the United States, CASL in Canada, the GDPR and ePrivacy rules in the European Union and United Kingdom, and the Privacy Act 2020 and Unsolicited Electronic Messages Act 2007 in New Zealand.
2.5 You must be able to show, for each Recipient, what consent you hold, when it was given, and how.
3.1 Every commercial electronic message you send must:
(a) clearly identify you as the sender and include accurate contact details;
(b) include a functional, free and obvious unsubscribe or opt out mechanism that stays working for at least 30 days after the message is sent; and
(c) not contain false or misleading sender, header or subject line information.
3.2 You are responsible for configuring the Platform correctly so your messages meet these requirements, including setting your sender details, physical or postal address, and unsubscribe link or keyword.
4.1 You must action every unsubscribe, opt out, do not call or do not contact request promptly, and in any event within 5 business days, as required by the Spam Act.
4.2 After a Recipient opts out you must not message or call them again, other than a single message confirming the opt out.
4.3 You must not require a Recipient to log in, create an account, pay a fee, or provide information beyond what is necessary in order to opt out.
4.4 You must honour opt outs across all channels where the Recipient has indicated they want no further contact, not only the channel they opted out from.
5.1 Recording a phone call without the consent required by law is a criminal offence in Australia. The rules differ by state and territory, and the strictest rule applies where a call crosses borders.
5.2 In New South Wales, the Surveillance Devices Act 2007 (NSW) generally requires the consent of every party to a private conversation before it is recorded. Similar all party consent rules apply in Victoria, Western Australia, Tasmania, the Australian Capital Territory and the Northern Territory. The Telecommunications (Interception and Access) Act 1979 (Cth) applies to interception of communications passing over a telecommunications system.
5.3 If you enable call recording, call transcription, or any AI feature that listens to or transcribes calls, you must:
(a) obtain the consent of every party to the call before recording begins;
(b) play or deliver a clear recording notification at the start of every call, in both directions, telling the other party that the call is being recorded and why;
(c) give the other party a genuine opportunity to decline and continue the call without being recorded, or to end the call;
(d) apply the strictest applicable rule where you do not know which state or territory the other party is in; and
(e) store, secure, retain and delete recordings and transcripts in accordance with the Privacy Act 1988 (Cth) and your own privacy notice. Clause 14.6 of our Privacy Policy explains how long we hold recordings.
5.4 You must not use recordings for any purpose you did not disclose at the time of recording.
5.5 You are solely responsible for compliance with this clause 5. We do not monitor whether you have enabled a recording announcement.
6.1 If you deploy an AI voice agent or AI chat agent to communicate with Recipients, you must configure it to clearly disclose, at the start of the interaction, that the Recipient is speaking with an automated assistant and not a person.
6.2 You must not configure an AI agent to claim to be a human, or to use the name or voice of a real person without that person’s consent.
6.3 Clause 5 applies in full to AI voice calls, including the recording consent and announcement requirements.
6.4 You must have a reasonable process for a Recipient to reach a human, and you must monitor AI agent conversations for accuracy and for statements that could mislead a Recipient about your goods or services. Statements made by your AI agent are your statements for the purposes of the Australian Consumer Law.
7.1 You must not use purchased, rented, scraped or harvested contact lists, or lists supplied by a third party, unless you can demonstrate valid consent for every Recipient on the list.
7.2 You must not use address harvesting software, or a list generated by it, which is itself an offence under the Spam Act.
7.3 You must not send to a Recipient you have reason to believe has not consented, and you must remove hard bounces, invalid numbers and known complainers from your lists promptly.
8.1 Where the Platform or an underlying carrier requires registration of phone numbers, sender IDs, brands or messaging campaigns, you must provide accurate, complete and current information for that registration and keep it up to date.
8.2 Providing false registration information may be an offence and will result in your messaging access being suspended.
8.3 Carriers may block, filter, delay or reject messages independently of us. We are not liable for messages blocked or filtered by a carrier, and registration does not guarantee delivery.
9.1 You must keep records sufficient to show, for each Recipient, the consent you hold, the date and source of that consent, and the date of any opt out.
9.2 If we receive a complaint, a carrier notice, or a regulatory enquiry about your use of the Messaging Features, you must give us the relevant records within 5 business days of our request.
9.3 You must have a process for handling complaints from your own Recipients, and must handle them promptly.
Any compliance related features we provide, including consent fields, opt out automation, do not contact lists, quiet hours settings and recording announcements, are provided for your convenience. They are not legal advice, they are not a compliance guarantee, and turning them on does not make you compliant. You remain solely responsible for your own compliance.
11.1 A breach of this Addendum is a material breach of our Terms of Use.
11.2 Where we become aware of a breach we may restrict or disable the affected Messaging Feature, suspend your account, or terminate your subscription. The process in clauses 14 and 15 of the Terms of Use applies, including notice and an opportunity to fix the breach, except where immediate action is required by a carrier, a regulator, or to prevent ongoing harm.
11.3 The indemnity in clause 19 of the Terms of Use applies to claims, fines and losses arising from your non compliant use of the Messaging Features.
We may update this Addendum to reflect changes in law or carrier requirements. Clause 21 of the Terms of Use applies to material changes, including your right to cancel without penalty.
Questions about this Addendum can be sent to admin@profitplatform.com.au.