Terms of service

These terms of service ("Terms") govern access to and use of skilledcoaching.com, getemmaai.com, Get Emma™, The Commercial OS, and any related services provided by Boomalex Pty Ltd, trading as Skilled Coaching ("we", "us", "our"). By engaging us, submitting a form on our websites, or using our services, you agree to these Terms.

If you are entering these Terms on behalf of a business, you confirm you have authority to bind that business, and "you" refers to that business.

1. Who these terms apply to

These Terms apply to any business or individual that engages us for Get Emma™, The Commercial OS, Fractional Chief Commercial Officer services, or any other service we provide ("Client"), and to visitors who use our websites without becoming a Client.

Specific commercial terms, including scope, pricing, and service levels, are set out in a separate signed agreement or order form between you and us. Where anything in that agreement conflicts with these Terms, the signed agreement governs.

2. Our services

We provide commercial infrastructure for owner-led service businesses, including:

• Get Emma™, an AI sales agent created and run by us, configured to a Client's own sales process, tone, and qualification criteria, that answers enquiries, qualifies leads, and books appointments across voice, SMS, and social direct messages.
• The Commercial OS, a commercial operating system providing process, cadence, and reporting infrastructure.
• Fractional Chief Commercial Officer services, delivered by invitation to existing clients.

We build and run Get Emma™ for each Client's business. We do not claim to have developed or engineered the underlying AI technology itself, which is provided in part by our technology partners.

3. Eligibility and fit

Our services are designed for owner-led businesses where enquiries are already being generated and buying requires a conversation. We assess fit before any engagement begins, and we may decline to provide services, or recommend against proceeding, where we reasonably believe a prospective Client is not a fit. This is not a guarantee of results and does not create any obligation on us to accept every prospective Client.

4. Fees and payment

Fees for our services are set out in your signed agreement or order form and are not published on our websites. Setup fees are payable before work begins. Monthly fees are payable in advance from go-live. Where usage-based costs apply (for example, AI service and telephony usage), these are passed through at cost and itemised separately from our service fee, without markup.

Fees for Australian clients are converted to Australian dollars at the prevailing exchange rate and include GST where applicable. Invoices are due within the period stated on the invoice. Late payment may result in suspension of services.

5. Your responsibilities

As a Client, you are responsible for:

• Providing accurate information about your business, offer, and processes so that Get Emma™ can be configured correctly.
• Obtaining and maintaining all consents required by law from your own leads and contacts before we contact them on your behalf.
• Complying with telemarketing, call recording, and messaging laws applicable in your own jurisdiction and the jurisdictions of the people you contact.
• Reviewing and approving test passes and configuration before Get Emma™ goes live with real enquiries.
• Maintaining your own CRM, calendar, and telephony accounts in good standing where these integrate with our services.

6. Artificial intelligence disclosure

Get Emma™ is openly artificial intelligence and does not claim to be human. Where a call is recorded, this is disclosed to the individual at the start of the call. Get Emma™ is created, configured, and run by Skilled Coaching, and her conversational voice and messaging capability relies in part on underlying AI infrastructure provided by our technology partners. Further detail on how this information is handled is set out in our Privacy Policy.

7. What we do not promise

We do not guarantee specific lead volumes, booking numbers, or revenue outcomes. Results depend on your offer, lead quality, market conditions, and sales process, and are directional rather than a forecast. Get Emma™ will, on occasion, make a mistake, because she is AI; we reduce this through configuration and testing rather than claiming it cannot happen. We do not guarantee uptime for third-party platforms we do not control, including your CRM, telephony provider, or social media platforms, and we will take reasonable steps to route around outages where they occur.

Get Emma™ answers demand. She does not create it, and she will not resolve underlying issues with your offer, pricing, or lead quality.

8. Intellectual property

Get Emma™'s underlying software and technology remain the property of Skilled Coaching and its technology partners. Nothing in these Terms transfers ownership of that underlying technology to you. Configuration, scripts, and materials we build specifically for your business remain usable by you for the purpose of your engagement with us, in accordance with your signed agreement.

All content on our websites, including text, graphics, and branding, is owned by us or our licensors and may not be copied or reproduced without permission.

9. Confidentiality and data

Each party agrees to keep the other's confidential business information confidential, and to use it only for the purposes of the engagement. Our handling of personal information, including information collected by Get Emma™ on your behalf, is described in our Privacy Policy, which forms part of these Terms.

10. Term and termination

The term of an engagement, and any notice period or minimum commitment, is set out in your signed agreement. We may suspend or terminate services if fees are not paid, if you breach these Terms, or if we reasonably believe continuing the engagement is no longer appropriate. On termination, outstanding fees for services already delivered remain payable.

11. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or relating to these Terms or our services is limited to the fees paid by you for the services giving rise to the claim in the twelve months preceding the event giving rise to liability. We are not liable for indirect, incidental, or consequential loss, including loss of profits, revenue, or business opportunity, even if we were advised of the possibility of such loss.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including under the Australian Consumer Law or equivalent consumer protection legislation in your jurisdiction.

12. Indemnity

You agree to indemnify us against any claim, loss, or liability arising from your failure to obtain lawful consent from your own leads or contacts, your breach of applicable telemarketing, recording, or privacy law, or your misuse of our services.

13. Governing law

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles, unless your signed agreement specifies otherwise. Any dispute arising from these Terms is subject to the exclusive jurisdiction of the courts of Queensland, Australia, except where mandatory local consumer protection law requires otherwise.

14. Changes to these terms

We may update these Terms from time to time. The "last updated" date at the top of this page reflects the most recent revision. For material changes affecting an active Client engagement, we will take reasonable steps to notify you. Continued use of our services after a change constitutes acceptance of the updated Terms.

15. Contact us

If you have questions about these Terms, contact us at:

Boomalex Pty Ltd, trading as Skilled Coaching
245 Gympie Rd, Kedron QLD 4031, Australia
[email protected]