Terms of Service

1. Agreement to these terms

These Terms of Service (the "Terms") govern your access to and use of the humcall.ai website (the "Site") and, where applicable, the humcall AI voice agent service (the "Service"), each operated by HummingAgent ("HummingAgent," "we," "us," or "our"). By using the Site or the Service, you agree to these Terms. If you do not agree, do not use the Site or the Service.

If you use the Service on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business. Customers who purchase the Service also enter into a separate service agreement or order form with us; if that agreement conflicts with these Terms, the service agreement controls for that Customer.

2. The Service

humcall provides AI voice agents that answer inbound business calls, ask qualifying questions, route calls to designated people, and schedule appointments on connected calendars, all as configured with the Customer during onboarding. The Service is a tool that operates under the Customer's instructions; the Customer remains responsible for its business, its customer relationships, and the accuracy of the information it supplies for the agent's scripts and knowledge base.

Callers who reach a humcall voice agent are informed that they are speaking with an AI assistant, and calls may be recorded and transcribed as described in our Privacy Policy.

3. Eligibility and accounts

The Site and the Service are intended for business use by people who are at least 18 years old. You agree to provide accurate information when you contact us, book a call, or onboard as a Customer, and to keep that information current. You are responsible for activity that occurs under your account or through phone lines you connect to the Service.

4. Acceptable use

You agree not to:

• Use the Site or Service in violation of any applicable law, including telemarketing, robocall, call recording, and consumer protection laws;
• Configure a voice agent to deceive callers, including concealing that they are speaking with an AI assistant;
• Use the Service to collect information you are not permitted to collect, or for harassment, spam, or fraudulent schemes;
• Interfere with or disrupt the Service, probe or test its vulnerabilities without authorization, or attempt to gain unauthorized access to systems or data;
• Reverse engineer, copy, resell, or create derivative works of the Service except as permitted by law or by a written agreement with us;
• Use automated means to scrape the Site other than standard search engine indexing.

We may suspend or terminate access for violations of this section.

5. Customer responsibilities

Customers are responsible for: obtaining any consents required to forward, record, or process calls on their lines; the content and legality of scripts, intake questions, and knowledge materials they provide; reviewing call summaries and bookings for accuracy; and honoring the appointments and commitments made through the Service. The Service assists with call handling; it does not provide legal, medical, or professional advice, and Customers may not configure it to do so.

6. Fees

Access to the Site is free. Fees for the Service are quoted per Customer based on scope and are set out in the applicable order form or service agreement, along with billing frequency, payment terms, and any cancellation provisions. Unless stated otherwise in that agreement, fees are non-refundable once a billing period has begun.

7. Intellectual property

The Site and the Service, including their software, design, text, and branding, are owned by HummingAgent or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Site and, if you are a Customer, the Service, for their intended purposes. Customers retain ownership of the materials they provide and of their call data; Customers grant us a license to process those materials and data solely to provide and improve the Service.

8. Third-party services

The Service interoperates with third-party services such as telephone carriers, calendar providers, and scheduling tools, and the Site links to third-party booking pages. Those services are governed by their own terms and privacy policies. We are not responsible for third-party services, and outages or changes in those services may affect the Service.

9. Disclaimers

THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, HUMMINGAGENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EVERY CALL WILL BE ANSWERED, TRANSCRIBED, OR ROUTED WITHOUT ERROR. AI SYSTEMS CAN MAKE MISTAKES, AND CUSTOMERS SHOULD REVIEW CALL SUMMARIES AND BOOKINGS.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HUMMINGAGENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS IF YOU HAVE PAID US NOTHING. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify and hold harmless HummingAgent and its officers, employees, and agents from claims, damages, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms, your violation of applicable law in your use of the Service, or the materials and instructions you provide for your voice agent.

12. Termination

You may stop using the Site at any time. Customer subscriptions terminate as provided in the applicable service agreement. We may suspend or terminate access to the Site or the Service if you breach these Terms or if we reasonably believe your use creates legal or security risk. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, and indemnification, will survive.

13. Governing law and disputes

These Terms are governed by the laws of the United States and the state in which HummingAgent is organized, without regard to conflict of laws principles. Before filing any claim, you agree to contact us at hello@hummingagent.ai and attempt in good faith to resolve the dispute informally for at least 30 days.

14. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the effective date above and post the updated Terms on this page. Continued use of the Site or the Service after changes take effect constitutes acceptance of the updated Terms. Material changes affecting Customers will be communicated by direct notice.

15. Contact

HummingAgent
Email: hello@hummingagent.ai