Terms of Service

1. The agreement

These Terms are a contract between hiublue, LLC ("hiublue", "we", "us") and the business that uses the hiublue app, website and related services (the "Service"). By creating an account, accepting an invite or using the Service, you agree to these Terms. If you sign up for a company, you confirm you can bind that company, and "you" means the company. If you signed an order form, offer or services agreement with us, that document controls where it conflicts with these Terms.

2. Who can use the Service

You must be a business, at least 18 years old, and based in the United States. The Service is for business use only, not personal or household use. We may limit access to invited customers.

3. Your account and your team

Keep your login details safe. You are responsible for everything done in your workspace by your team members, your guests and your AI workers. Tell us right away if you think your account has been misused.

4. AI workers

The Service gives you AI workers that act for you. They can send messages, place calls, run campaigns, book meetings, prepare and send documents, request payments, publish content, browse the web and use the accounts you connect. You choose how much each worker may do alone and what needs your approval. Anything a worker does under your settings counts as done by you. AI can be wrong, incomplete or out of date. Check its work before you rely on it.

5. Your outreach must follow the law

You alone decide who you contact, how and when. You must follow every law and rule that applies to your messages and calls, including:

• the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the National Do Not Call Registry and state telemarketing laws;
• CAN-SPAM and state email laws;
• FCC rules that treat AI-generated voices as artificial voices, which need the called person's prior express consent;
• carrier, messaging-platform and texting registration rules.

You must get and keep records of any consent the law requires. You must honor opt-outs right away and must not contact people who opted out. The Service has tools such as opt-out handling and sending limits, but these tools do not make your outreach legal. Compliance is your responsibility. We may pause, limit or block any sending that we think breaks the law, harms our phone numbers or email reputation, or puts others at risk.

6. Recording and voice cloning

Some states require every person on a call or in a meeting to agree before it is recorded. If you turn on call or meeting recording, you are responsible for giving any required notice and getting consent. You may clone only your own voice, or a voice whose owner has given you written permission, and only for lawful business use. You must never use a cloned voice to deceive anyone or pretend to be someone else.

7. Things you may not do

You may not use the Service to:

• send spam, or misleading, harassing or illegal messages;
• break the law, or break someone else's rights or privacy;
• break the rules of any connected platform;
• send malware, or try to break into, overload or get around the limits of the Service;
• copy, reverse engineer, resell or build a competing product from the Service without our written permission;
• process health information covered by HIPAA, or other data that needs special legal protection, unless we have agreed to it in writing.

8. Connected accounts and other platforms

When you connect an account (for example email, calendar, social media, LinkedIn, messaging or payments), you allow us to access and act on it within the permissions you grant. Those platforms have their own terms and may limit, restrict or close your account, including because of automated activity. You accept that risk. We are not responsible for other platforms. We may change or remove any integration at any time.

9. Phone numbers, domains and mailboxes we provide

Some phone numbers, email domains and mailboxes are provided by hiublue and stay hiublue's property. You may use them while your account is in good standing. When your account ends or you release them, they return to us, and we may assign them to someone else. We do not promise that you can transfer or keep them.

10. Payments you collect

If you collect money from your own customers through the Service, the deal is between you and your customer, and payments go through your own payment provider account. We are not a party to those sales. We do not hold your funds and are not responsible for refunds, chargebacks, disputes or taxes on them.

11. Electronic signatures

We give you a tool to send and sign documents electronically. You are responsible for whether a document is suitable for electronic signature and for any consent the law requires. We do not give legal advice.

12. Websites, booking pages and your visitors

If you publish websites, booking pages or forms through the Service, you are responsible for their content and for giving visitors your own privacy notice. For data about your contacts and visitors, we act as your service provider (see section 14).

13. Fees and payment

• Fees, billing terms and any setup fee are shown at checkout or in your order.
• Fees are charged in advance. Plans renew automatically for the same term until you cancel.
• You can cancel at any time, effective at the end of the current paid period.
• All fees are non-refundable, including setup fees, unused time and partial periods, unless the law requires otherwise. Domains bought for you cannot be refunded once registered.
• Fees do not include taxes. You pay all taxes except taxes on our income.
• If a payment fails or is late, we may suspend the Service until it is paid.
• We will give you at least 30 days' notice before a price increase takes effect.
• If your plan includes AI usage, fair-use limits apply, and we may limit very heavy use.

14. Your data

You own the content and data you put into the Service or that the Service collects for you ("Customer Data"). You give us permission to host, copy, process, send and display Customer Data only as needed to provide, secure and support the Service and to meet the law. You promise that you have the rights and consents needed for us to do this. We may use data that is aggregated or de-identified, and cannot identify you or any person, to run and improve the Service. We do not use Customer Data to train AI models. Our Privacy Policy explains how we handle personal data.

15. Our property

We own the Service, its software, design and the hiublue name and brand. These Terms give you only a limited right to use the Service while your account is active. If you send us ideas or feedback, we may use them freely, with no duty to you.

16. Confidentiality

Each side will keep the other's non-public information confidential, use it only for this agreement, and protect it with reasonable care. This does not cover information that is public, already known, independently developed, or that must be disclosed by law.

17. Beta and preview features

Features marked as beta, preview or early access are provided as they are, may change or stop at any time, and are excluded from any commitments we make.

18. Suspension and ending

• You may stop using the Service at any time.
• We may suspend or end your access if you break these Terms, do not pay, create legal or security risk, or if a platform or carrier requires it. Where reasonable, we will give notice first.
• When your account ends, you may ask us for a copy of your Customer Data within 30 days. After that, we may delete it.
• Sections that by their nature should continue (fees owed, your data, our property, confidentiality, disclaimers, limits of liability, indemnity and the law and courts section) survive.

19. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted, error-free or secure, or that it will produce any business result. The Service cannot be used to call emergency services (911). Nothing in the Service is legal, financial, tax or accounting advice.

20. Limits of liability

To the fullest extent the law allows:

• neither side is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill;
• our total liability for all claims is limited to the greater of the fees you paid us in the 12 months before the claim, or $100.

These limits do not apply to your payment duties, your indemnity duties or your breach of sections 5 to 7.

21. Indemnity

You will defend and cover hiublue and its owners, staff and contractors against any claim, fine, loss or cost, including reasonable legal fees, that comes from:

• your messages, calls, recordings, content or Customer Data;
• your outreach, including any TCPA, telemarketing, privacy or anti-spam claim;
• your use of connected accounts or cloned voices;
• your breach of these Terms or the law.

22. Law, courts and claims

Montana law governs these Terms, without regard to conflict-of-law rules. Any dispute must be brought only in the state or federal courts in Lewis and Clark County, Montana, and both sides agree to those courts. Both sides give up the right to a jury trial. Claims must be brought individually, not as part of a class or representative action. Any claim must be filed within one year after it arises.

23. Changes to these Terms

We may update these Terms. For important changes, we will give at least 30 days' notice in the app or by email. If you keep using the Service after the change takes effect, you accept the new Terms.

24. General

• You agree to receive notices and communications from us electronically.
• You may not transfer this agreement without our written consent. We may transfer it as part of a merger, sale or reorganization.
• We are not liable for delays caused by events outside our reasonable control.
• If any part is found unenforceable, the rest still applies.
• Not enforcing a right is not a waiver.
• These Terms, plus any order and our Privacy Policy, are the whole agreement between us on this subject.

25. Contact

hiublue, LLC, 415 N Benton Ave, Helena, Montana 59601-5041, United States. [email protected]