Terms of Use

Please read these Terms of Use ("Terms") carefully before using the services offered by HelpsyAI ("Company," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Service.

1. Definitions

"Account" means the unique account you create to access the Service.

"AI Content" means any output, response, transcript, summary, or other content generated by our artificial intelligence models through the Service.

"Callers" means any individuals who interact with the Service by placing or receiving telephone calls, SMS messages, or other communications handled by the Service on your behalf.

"Company" (also referred to as "we," "us," or "our") refers to HelpsyAI.

"Service" refers to the HelpsyAI AI receptionist platform, including call answering, call routing, appointment booking, SMS follow-up, and related features, accessible via https://helpsyai.com and associated applications.

"User Content" means any content, data, or information you input, upload, or transmit through the Service, including business information, contact lists, scripts, and configuration settings.

"You" (also referred to as "your") means the individual or legal entity accessing or using the Service.

2. Eligibility and User Accounts

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

When you create an Account, you must provide accurate, complete, and current information. You are responsible for safeguarding your login credentials, maintaining the confidentiality of your Account, and all activity that occurs under your Account, whether or not authorized by you. You must notify us immediately of any unauthorized use of your Account.

3. Description of the Service

HelpsyAI provides an AI-powered virtual receptionist platform that may include the following features:

The specific features available to you depend on your subscription plan. We reserve the right to modify, update, or discontinue any feature of the Service at any time with reasonable notice.

3.1 Information Collected Through the Service

In order to provide the Service, we collect certain personal and business information, including but not limited to:

For a complete description of the information we collect, how we use it, and your rights regarding that information, please refer to our Privacy Policy.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations. You may not use the Service to:

5. Telecommunications Compliance

If you use the Service for telecommunications activities, including voice calls, automated calling, SMS messaging, or appointment reminders, you are solely responsible for:

You acknowledge that violations of telecommunications laws can result in significant penalties. You agree to indemnify and hold the Company harmless from any claims, fines, or damages arising from your failure to comply with these obligations.

6. SMS and Messaging Terms

Where the Service sends SMS or text messages on your behalf to your Callers (for example, appointment confirmations or follow-ups), you are responsible for ensuring that all recipients have provided proper consent to receive such messages.

Standard message and data rates may apply to recipients. Message frequency varies based on your configuration. Recipients may opt out at any time by replying STOP to any message. Carriers are not liable for delayed or undelivered messages.

Mobile phone numbers and opt-in consent data collected through the Service will not be shared with third parties for their own marketing or promotional purposes.

7. Call Recording and Data Use

7.1 Call Recording

The Service may record voice calls and conversations processed through the platform. You acknowledge and agree that:

7.2 AI Model Improvement

Unless you opt out through your Account settings, we may use de-identified and aggregated call data to improve our AI models and Service functionality. "De-identified" means that all personally identifiable information has been removed or obscured so that the data cannot reasonably be linked back to any individual. We will not use identifiable call content to train AI models without your explicit consent.

7.3 Your Responsibilities

You remain solely responsible for compliance with all applicable privacy, data protection, and recording laws in every jurisdiction where your Callers are located, including but not limited to two-party consent states.

8. Intellectual Property

8.1 Company IP

The Service, including all software, AI models, algorithms, user interfaces, designs, trademarks, and documentation, is and remains the exclusive property of the Company or its licensors. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

8.2 User Content

You retain ownership of your User Content. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely as necessary to provide and improve the Service.

8.3 AI-Generated Content

AI Content generated by the Service (such as call summaries, transcriptions, and suggested responses) is provided to you under a non-exclusive, non-transferable license for your business use. You may not use AI Content to train competing AI models, reverse engineer our technology, or create derivative AI products or services.

8.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

9. Subscription and Payment Terms

Access to the Service requires a paid subscription. By subscribing, you agree to pay all fees associated with your selected plan. Recurring charges will be billed in advance on a monthly or annual basis, as specified at the time of purchase.

You authorize us to charge your designated payment method for all applicable fees. If your payment method is declined, we may suspend your access to the Service until payment is resolved. All fees are stated in U.S. dollars unless otherwise indicated.

We reserve the right to change our pricing with at least thirty (30) days' notice before the start of your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new pricing.

10. Cancellation and Refund Policy

You may cancel your subscription at any time through your Account settings. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the Service until that time.

Fees already paid are non-refundable except where required by applicable law. We do not provide prorated refunds for partial billing periods.

11. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or pose a risk to the security or integrity of the Service.

Upon termination, your right to use the Service ceases immediately. We may delete your Account data after a reasonable retention period, subject to any legal obligations to retain certain information. Provisions that by their nature should survive termination will remain in effect, including intellectual property rights, limitation of liability, indemnification, and dispute resolution.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. AI-generated content may contain inaccuracies, and you are responsible for reviewing and verifying all AI Content before relying on it. The Service is not intended to replace professional legal, medical, financial, or emergency services.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

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

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may pursue binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the State of California.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

16. Copyright Infringement (DMCA)

If you believe that content available through the Service infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) by contacting us at the address listed in the Contact Us section below. Your notice must include: a description of the copyrighted work, identification of the allegedly infringing material, your contact information, and a statement under penalty of perjury that you have a good-faith belief that the use is unauthorized.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to any changes, you must stop using the Service and cancel your subscription.

18. General Provisions

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Entire Agreement. These Terms, together with the Privacy Policy and any applicable Order or subscription agreement, constitute the entire agreement between you and the Company regarding the Service.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

19. Contact Us

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

HelpsyAI

Email: support@helpsyai.com

Website: https://helpsyai.com