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Terms of Service

Effective Date: March 1, 2026 • Last Updated: March 1, 2026 • Version 2.0.0

1. Agreement to Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding contract between you ("Customer", "User", "you") and HulloDesk ("Company", "we", "us", "our") governing your access to and use of the HulloDesk platform, including all software, APIs, features, and services (collectively, the "Services").

By creating an account, accessing the Services, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately cease use of the Services.

If you are entering into this Agreement on behalf of a company, organization, or other legal entity ("Business"), you represent and warrant that you have the authority to bind such entity to these Terms. In such case, "you" refers to both you individually and the Business.

2. Eligibility & Account Registration

  • Age Requirement: You must be at least 18 years old and legally capable of entering into binding contracts.
  • Accurate Information: You agree to provide truthful, accurate, and complete registration information and to keep such information current.
  • Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Prohibited Users: We reserve the right to refuse service to anyone for any lawful reason, including users located in jurisdictions where the Services are prohibited or restricted.

⚠️ 3. TCPA COMPLIANCE — USER RESPONSIBILITY (CRITICAL)

The Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR) impose strict requirements on automated communications. Violations can result in statutory damages of $500–$1,500 per violation, with class action liability reaching millions of dollars.

3.1 Your Legal Obligations

You acknowledge and agree that YOU ARE SOLELY RESPONSIBLE for:

  • Prior Express Written Consent (PEWC): Obtaining valid, documented consent from every individual before initiating automated calls or SMS messages. Consent must be in writing, signed (physically or electronically), and clearly disclose the purpose of contact.
  • Consent Documentation: Recording and storing proof of consent, including date, time, IP address, method of collection, and the exact language presented to the consumer.
  • Do-Not-Call (DNC) Compliance: Honoring all DNC requests, including the National DNC Registry, company-specific DNC lists, and individual opt-out requests. You must cease contact within 30 days of a DNC request.
  • STOP Request Handling: Immediately ceasing all SMS communications upon receipt of a STOP, UNSUBSCRIBE, CANCEL, or similar opt-out keyword. Our platform provides automated STOP handling, but you remain legally responsible.
  • Call Time Restrictions: Ensuring calls are made only between 8:00 AM and 9:00 PM in the recipient's local time zone, unless you have express permission to call outside these hours.
  • Caller ID Accuracy: Ensuring that outbound calls display accurate, non-spoofed caller identification information.
  • Recordkeeping: Maintaining detailed records of all consent forms, call logs, and opt-out requests for a minimum of 5 years as required by FCC regulations.

3.2 Prohibited Uses

You may NOT use the Services to:

  • Contact individuals without valid prior express written consent.
  • Contact numbers on the National Do-Not-Call Registry without an Established Business Relationship (EBR) exemption.
  • Send unsolicited marketing messages or robocalls.
  • Spoof or falsify caller ID information.
  • Use the Services for telemarketing purposes without complying with TSR requirements (including mandatory disclosures, DNC compliance, and abandoned call rate limits).

3.3 Indemnification for TCPA Violations

You agree to indemnify, defend, and hold harmless HulloDesk, its affiliates, officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your violation of TCPA, TSR, or related telecommunications laws. This includes, but is not limited to, claims brought by consumers, regulatory fines imposed by the FCC or FTC, and class action lawsuits.

4. Acceptable Use Policy

You agree NOT to use the Services to:

  • Violate Laws: Engage in any activity that violates federal, state, or local laws, including but not limited to TCPA, TSR, CAN-SPAM Act, GDPR, CCPA, or anti-fraud statutes.
  • Fraudulent Activity: Impersonate any person or entity, falsely claim affiliation, or engage in deceptive practices (e.g., pretending to be a government official, utility company, or debt collector without authorization).
  • Harassment or Abuse: Send threatening, harassing, defamatory, or abusive communications.
  • Spam or Unsolicited Messages: Send bulk unsolicited messages, spam, or chain messages.
  • Unauthorized Data Collection: Scrape, harvest, or collect personal information without consent.
  • System Interference: Attempt to gain unauthorized access to our systems, reverse-engineer our software, or deploy malware, viruses, or other harmful code.
  • Excessive Use: Abuse the Services in a manner that degrades system performance for other users (e.g., API rate limit violations, denial-of-service attacks).
  • Reselling: Resell, sublicense, or transfer access to the Services without our prior written consent.

Enforcement: We reserve the right to suspend or terminate your account immediately upon discovering any violation of this Acceptable Use Policy, without refund or liability.

5. AI Voice Agents — Disclosure & Restrictions

The Services utilize artificial intelligence (AI) to generate voice interactions. You acknowledge and agree that:

  • AI-Generated Content: All voice interactions are generated by AI and may not always reflect human judgment or accuracy. You are responsible for reviewing and approving AI agent scripts and ensuring compliance with applicable laws.
  • Disclosure Requirement: You must clearly disclose to call recipients that they are interacting with an AI agent if required by applicable law or if the recipient requests such disclosure.
  • No Medical, Legal, or Financial Advice: AI agents must NOT provide medical, legal, or financial advice unless you have obtained appropriate licenses and comply with industry-specific regulations (e.g., HIPAA for healthcare).
  • Voiceprint Prohibition: We do NOT collect, store, or use voiceprints or biometric identifiers. AI-generated voices are synthetic and not derived from real individuals' biometric data.

6. Subscription Plans, Billing & Payment

6.1 Pricing & Plans

HulloDesk offers tiered subscription plans (Starter, Growth, Pro) with monthly recurring fees and metered billing for AI call minutes. Current pricing is available on our website and subject to change with 30 days' advance notice.

6.2 Payment Processing

All payments are processed securely via our PCI-DSS Level 1 certified payment processor. By providing payment information, you authorize us to charge your payment method for all fees incurred under your account, including subscription fees, usage-based charges, and applicable taxes.

6.3 Free Trial

New customers may receive a 14-day free trial. At the end of the trial period, your subscription will automatically convert to a paid plan unless you cancel. No refunds are provided for unused trial periods.

6.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. You will be charged the then-current subscription rate.

6.5 Usage-Based Billing

AI call minutes are billed monthly based on actual usage. You are responsible for monitoring your usage and associated costs. We are not liable for charges resulting from unauthorized use of your account (see Section 2).

6.6 Late Payments & Suspension

If payment fails, we will attempt to re-charge your payment method. If payment remains outstanding for 7 days, we may suspend your account. Suspended accounts may result in loss of data. We reserve the right to charge interest at the rate of 1.5% per month (or the maximum permitted by law) on overdue balances.

6.7 Refund Policy

All subscription fees are non-refundable. Usage-based charges are final and non-refundable. If you believe you were incorrectly charged, you must notify us within 30 days of the charge.

6.8 Cancellation

You may cancel your subscription at any time via your account dashboard. Cancellations take effect at the end of the current billing cycle. You will retain access to the Services until the end of the paid period. No prorated refunds are provided for mid-cycle cancellations.

7. Intellectual Property Rights

7.1 Company Ownership

The Services, including all software, APIs, trademarks, logos, and content ("Company IP"), are owned by HulloDesk and protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes in accordance with these Terms.

7.2 Customer Data Ownership

You retain all ownership rights to your Customer Data (leads, call recordings, transcripts, business information). By using the Services, you grant us a limited license to process, store, and transmit your Customer Data solely for the purpose of providing the Services and as described in our Privacy Policy.

7.3 Feedback & Suggestions

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our Services without compensation or attribution.

8. Data Security & Privacy

We implement industry-standard security measures to protect your data, including AES-256 encryption, TLS 1.3, and SOC 2 Type II certified infrastructure. However, no system is 100% secure. You acknowledge that you use the Services at your own risk.

Our data collection, use, and sharing practices are described in our Privacy Policy, which is incorporated into these Terms by reference.

9. LIMITATION OF LIABILITY (CRITICAL)

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.1 No Indirect Damages

IN NO EVENT SHALL HULLODESK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO HULLODESK IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

9.3 No Liability for TCPA Violations

HULLODESK SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, FINES, OR PENALTIES ARISING FROM YOUR VIOLATION OF TCPA, TSR, OR OTHER TELECOMMUNICATIONS LAWS. You are solely responsible for ensuring compliance with all applicable regulations governing automated communications.

9.4 Third-Party Actions

We are not liable for the actions, omissions, or failures of third-party service providers, including service outages, data breaches, or processing errors beyond our reasonable control.

9.5 Force Majeure

We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including natural disasters, acts of war, terrorism, government actions, pandemics, or infrastructure failures.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HulloDesk, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

  • Your violation of these Terms or any applicable law or regulation;
  • Your violation of TCPA, TSR, CAN-SPAM, GDPR, CCPA, or other privacy/telecommunications laws;
  • Your Customer Data or the manner in which you use the Services;
  • Any claims brought by third parties (consumers, regulatory agencies, class action plaintiffs) arising from your use of the Services;
  • Your negligence, willful misconduct, or fraud;
  • Any breach of your representations and warranties in these Terms.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You agree to cooperate fully with our defense efforts.

11. Disclaimers & Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HULLODESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement;
  • Warranties that the Services will be uninterrupted, error-free, secure, or virus-free;
  • Warranties regarding the accuracy, reliability, or completeness of AI-generated content, transcripts, or call outcomes;
  • Warranties that the Services will meet your specific business requirements or generate any particular results (e.g., lead conversion rates, customer satisfaction).

You use the Services at your sole risk. We do not guarantee that AI agents will perform as expected in all scenarios. You are responsible for testing, monitoring, and validating AI agent behavior before deploying to production.

12. Term & Termination

12.1 Term

These Terms commence on the date you first access the Services and continue until terminated by either party.

12.2 Termination by You

You may terminate your account at any time via your account dashboard. Termination takes effect at the end of the current billing cycle.

12.3 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, if:

  • You violate these Terms or our Acceptable Use Policy;
  • You fail to pay fees when due;
  • We reasonably believe your account has been compromised or is being used fraudulently;
  • We are required to do so by law or court order;
  • We discontinue the Services (see Section 12.5).

12.4 Effect of Termination

Upon termination: (a) your access to the Services will cease immediately; (b) all outstanding fees become due; (c) we may delete your Customer Data after 90 days (backup retention period); (d) Sections 3, 7, 9, 10, 11, 13, 14, and 15 survive termination.

12.5 Service Discontinuation

We reserve the right to discontinue the Services (in whole or in part) at any time with 30 days' prior written notice. In such event, you will receive a prorated refund for any prepaid, unused subscription fees.

13. Dispute Resolution & Arbitration

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@hullodesk.com to attempt to resolve the matter informally. We will work in good faith to resolve disputes within 30 days.

13.2 Binding Arbitration

If informal resolution fails, you agree that any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration, rather than in court, except as provided in Section 13.4.

  • Arbitration Rules: Administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
  • Location: Arbitration shall take place in [Your State/County], or remotely via video conference.
  • Costs: Each party bears its own attorneys' fees. AAA filing fees and arbitrator fees shall be split equally unless prohibited by law.
  • Individual Basis Only: You agree to arbitrate disputes on an individual basis only. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

13.3 Class Action Waiver

YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS AGAINST HULLODESK.

All disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

13.4 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized use of the Services.

13.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State], United States, without regard to conflict of law principles.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via:

  • Email notification to your registered account email;
  • Prominent in-app banner notification for 30 days;
  • Updated "Last Updated" date at the top of this page.

Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must cancel your account before the effective date.

15. Miscellaneous

15.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and HulloDesk and supersede all prior agreements, communications, and understandings.
15.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.3 Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
15.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any affiliate or successor entity.
15.5 No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and HulloDesk.
15.6 Export Compliance: You agree to comply with all applicable export control laws and regulations, including U.S. Export Administration Regulations (EAR).
15.7 Government Users: If you are a U.S. government entity, the Services are provided as "Commercial Items" with "Restricted Rights" as defined in FAR 12.212 and DFARS 227.7202.
15.8 Contact Information: For legal inquiries, contact us at legal@hullodesk.com or HulloDesk LLC, [Address — update before launch].

Revision History & Audit Log

Mar 1, 2026v2.0.0 Enhanced Legal Protections & TCPA Safeguards
Feb 28, 2026v1.0.0 Initial Enterprise Release
ComplianceTCPA • TSR • GDPR • CCPA • Arbitration • Class Waiver Validated

Disclaimer: These Terms of Service are provided for informational purposes and do not constitute legal advice. Consult with a licensed attorney to ensure compliance with applicable laws in your jurisdiction. HulloDesk makes no warranties regarding the legal sufficiency of these Terms.