Terms of Service

These Terms of Service ("Terms") govern access to and use of the Hubbly Voice platform, website, and related services (the "Service"). By signing an order form, creating an account, or using the Service, you agree to these Terms on behalf of the entity you represent ("Customer").

If a signed master agreement or order form exists between Customer and Hubbly Voice, that agreement controls wherever it conflicts with these Terms.

Hubbly Voice provides AI voice agents that place and receive telephone calls on Customer’s behalf to qualify inbound leads, follow up on outbound campaigns, and route interested prospects to Customer’s human representatives.

The Service is provided on a subscription basis. Features, capacity, and included call volume are defined by the plan or order form Customer selects. We may improve or modify the Service over time, but will not materially reduce core functionality of a paid plan during its term without notice.

The Service is offered solely for business use. Customer must be a legal entity capable of entering into binding contracts, and each user must be at least 18 years old.

Customer is responsible for the confidentiality of account credentials and for all activity occurring under its account, including activity by its users and by AI agents Customer configures.

Customer must promptly notify us of any suspected unauthorized access.

This is the most important section of these Terms. The Service places and receives telephone calls, and in most jurisdictions the party on whose behalf a call is made bears legal responsibility for that call. Customer is the calling party.

Customer represents and warrants, on an ongoing basis, that for every contact it uploads, syncs, or otherwise submits to the Service:

• Customer has a lawful basis to contact that person by telephone, including any prior express written consent required by the U.S. Telephone Consumer Protection Act (TCPA) or equivalent law in the relevant jurisdiction.
• Customer has not been asked by that person to stop calling, and honors revocation of consent promptly when it occurs.
• Customer maintains its own internal do-not-call list and complies with applicable national, state, and provincial do-not-call registries.
• Customer’s use of the Service complies with applicable calling-hour restrictions, caller identification requirements, and disclosure obligations.

Platform features are safeguards, not a compliance guarantee. The Service provides do-not-call screening, consent-state tracking, calling-window controls, and recording disclosure at the start of calls. These features are designed to help Customer operate compliantly and reduce the chance of error. They do not constitute legal advice, do not transfer compliance responsibility to Hubbly Voice, and are not a substitute for Customer’s own compliance program and counsel.

Call recording. Recording laws vary, and several jurisdictions require the consent of all parties. Customer is responsible for determining whether recording is lawful for its calls, for configuring recording settings accordingly, and for ensuring the disclosure the Service plays is adequate in the jurisdictions where Customer operates.

Customer may not use the Service to:

• Place calls that are fraudulent, deceptive, harassing, or unlawful, or that impersonate another person or organization.
• Misrepresent the identity of the party on whose behalf a call is being made.
• Conduct debt collection, political campaigning, or other regulated calling activity without our prior written agreement and the additional controls it requires.
• Attempt to circumvent do-not-call screening, calling-window limits, consent tracking, or recording disclosure.
• Reverse engineer the Service, resell access without authorization, or use it to build a competing product.
• Upload contact data obtained through purchase, scraping, or any source that does not support a lawful basis to call.

We may suspend access without prior notice where we reasonably believe continued use presents an imminent legal, security, or carrier-integrity risk. We will tell Customer why and, where practical, give it an opportunity to correct the issue.

Fees are set out in Customer’s plan or order form. Subscription fees are billed in advance; usage-based charges beyond included volume are billed in arrears.

Fees are exclusive of taxes. Customer is responsible for applicable sales, use, VAT, GST, and telecommunications taxes and surcharges, other than taxes on our net income.

Customer retains all rights in the contact records, call recordings, transcripts, and other data it submits to or generates through the Service ("Customer Data"). Customer grants us a limited licence to host, process, and transmit Customer Data solely to provide and support the Service.

We act as a processor of Customer Data and handle it as described in our Privacy Policy. We do not sell Customer Data, and we do not use Customer Data to train general-purpose AI models made available to other customers.

Customer is responsible for the accuracy and lawfulness of the data it submits, including having the right to share personal information about its contacts with us.

The Service uses automated speech and language models. Their output is probabilistic and can be wrong. AI agents may mishear, misinterpret, or misstate information during a call.

Customer should not rely on the Service as the sole basis for decisions with legal, financial, medical, or safety consequences, and should maintain human review of qualification outcomes and any commitment communicated to a prospect.

Nothing the Service says on a call constitutes an offer, quote, or binding commitment by Hubbly Voice.

The Service, including its software, models, prompts, interfaces, and documentation, is owned by Hubbly Voice and its licensors and is protected by intellectual property law. These Terms grant Customer a non-exclusive, non-transferable right to use the Service during the subscription term, and nothing more.

Feedback Customer chooses to give us about the Service may be used without restriction or obligation.

The Service integrates with third-party systems, including telephony carriers, CRMs, and calendaring providers. Customer’s use of those systems is governed by their own terms, and we are not responsible for their availability, acts, or omissions.

Call delivery depends on carrier networks we do not control.

Absent a written service level agreement, the Service is provided on an as-available basis.

These Terms apply for as long as Customer uses the Service. Subscription terms and renewal are governed by the applicable order form.

Either party may terminate for material breach that remains uncured 30 days after written notice. We may suspend or terminate immediately for the safety and compliance reasons described in Acceptable Use, or for non-payment that remains unresolved after notice.

On termination, Customer’s access ends and we will make Customer Data available for export for a limited period before deletion, as described in our Privacy Policy.

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted or error-free, that AI output will be accurate, that calls will connect, or that Customer’s use of the Service will satisfy any particular legal or regulatory requirement.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to Customer.

Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data, even if advised of the possibility.

Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.

Customer will defend and indemnify Hubbly Voice against third-party claims, regulatory proceedings, and penalties arising from Customer’s calling activity, including claims that a call violated the TCPA, do-not-call rules, or call recording law, and claims that Customer lacked a lawful basis to contact a person.

We will defend and indemnify Customer against third-party claims that the Service, used as permitted, infringes intellectual property rights.

The party seeking indemnity must give prompt notice and reasonable cooperation, and may not settle without the indemnifying party’s consent.

We may update these Terms as the Service and the law evolve. For material changes affecting a paid subscription, we will give reasonable advance notice by email or in-product. Continued use after the effective date constitutes acceptance.

The date at the top of this page reflects the last substantive revision.

These Terms, together with any order form and our Privacy Policy, are the entire agreement between the parties on this subject. If a provision is held unenforceable, the rest remains in effect. Neither party may assign these Terms without consent, except in connection with a merger or sale of substantially all assets. A failure to enforce a provision is not a waiver of it. The parties are independent contractors.

Questions about these Terms can be directed to privacy@hubblyvoice.io.