Welcome to Hibi ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our platform, including our website, APIs, AI voice agents, outbound call campaigns, WhatsApp messaging services, and all related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Service Description
Hibi provides a platform that enables users to create, configure, and deploy AI-powered voice agents. These agents can:
- Answer incoming phone calls on behalf of your business
- Conduct outbound call campaigns to contact lists you provide
- Handle WhatsApp conversations automatically
- Book appointments, collect information, and perform automated tasks
- Record and transcribe calls for quality and training purposes
2. User Responsibilities
You agree that:
- You have obtained all necessary consents from recipients before contacting them via our Service, including prior express written consent where required by law
- You will not use the Service for any illegal, harmful, or unauthorized purpose
- You are responsible for the content and behavior of your AI agents
- You will comply with all applicable local, state, national, and international laws and regulations
- You will maintain accurate account information
- You will keep your account credentials secure and not share them with unauthorized parties
- You will honor opt-out requests from recipients promptly
3. Prohibited Uses
You may not use the Service to:
- Engage in illegal activities of any kind
- Send unsolicited communications (spam) or make calls without prior consent
- Harass, threaten, intimidate, or stalk any person
- Commit or facilitate fraud, phishing, or deceptive practices
- Impersonate any person or entity, or misrepresent your affiliation
- Sell, promote, or facilitate the sale of illegal drugs or controlled substances
- Sell, promote, or facilitate the sale of weapons or explosives
- Generate or distribute threatening, abusive, or hateful content
- Distribute malware, viruses, or other harmful code
- Violate any person's privacy rights
- Infringe on intellectual property rights of others
- Interfere with or disrupt the Service or servers connected to the Service
- Attempt to gain unauthorized access to any part of the Service
4. TCPA Compliance (United States)
If you use the Service to contact recipients in the United States, you acknowledge and agree that:
- You are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA) and all applicable FCC regulations
- You must obtain prior express written consent before making any automated or AI-generated calls or sending texts to any recipient
- You must maintain records of consent for each recipient
- You must honor Do Not Call (DNC) requests within a reasonable time and maintain an internal DNC list
- You must identify yourself at the beginning of each call and provide a callback number
- Calls must be made only during permissible hours (8:00 AM to 9:00 PM local time of the recipient)
5. GDPR Compliance (European Union)
If you use the Service to contact recipients in the European Union or European Economic Area, you acknowledge and agree that:
- You are the data controller for any personal data processed through the Service on your behalf
- You must have a valid legal basis (e.g., consent, legitimate interest) for processing personal data
- You must provide appropriate privacy notices to data subjects
- You must respond to data subject rights requests in accordance with GDPR requirements
- You will enter into a Data Processing Agreement (DPA) with us as required
6. Call Recording and Transcription
You acknowledge and agree that:
- All calls made through the Service may be recorded and transcribed
- You are responsible for informing call recipients that calls are being recorded, where required by applicable law
- Recordings are used for service delivery, quality assurance, AI model improvement, and dispute resolution
- Call recordings are retained for 90 days and transcripts for 1 year, unless otherwise required by law or requested by you
7. Acceptable Use of AI Agents
When configuring and deploying AI agents, you must:
- Ensure your agent clearly identifies itself as an AI/automated system when required by applicable law
- Not configure agents to provide medical, legal, or financial advice unless you are a licensed professional in the relevant field
- Not train or configure agents to generate misleading, deceptive, or harmful content
- Monitor your agents' performance and promptly address any issues
- Comply with our Acceptable Use Policy
8. Intellectual Property
The Service, including all software, algorithms, AI models, user interface designs, trademarks, and documentation, is owned by the Company and protected by intellectual property laws. You retain ownership of your content (business information, knowledge base data, recordings of your calls). You grant us a limited license to use your content solely to provide and improve the Service.
You may not copy, modify, reverse-engineer, decompile, or create derivative works from any part of the Service without our prior written consent.
9. Account Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, if:
- You violate these Terms or any applicable law
- You engage in prohibited uses of the Service
- Your use of the Service poses a risk to other users, third parties, or our infrastructure
- We receive complaints or reports of abuse related to your account
- You fail to pay applicable fees
- We are required to do so by law or regulatory order
Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable retention period unless required by law to retain it.
10. Data Processing
We process personal data in accordance with our Privacy Policy. By using the Service, you consent to such processing and warrant that all data provided by you is accurate and lawful.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel.
14. Changes to Terms
We may update these Terms from time to time. We will notify you 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 constitutes acceptance of the updated Terms.
15. Contact
If you have questions about these Terms, please contact us at: legal@hibi.ai