HaileyAI Terms of Service
Effective Date: October 1st, 2025
These Terms of Service (“Terms”) constitute a legally binding agreement between HaileyAI Corporation (“HaileyAI,” “we,” “us,” or “our”) and the individual or entity accessing or using the Services (“Customer,” “you,” or “your”). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such event, the terms “you” and “your” refer to such organization.
These Terms incorporate by reference the HaileyAI Privacy Policy. If you have executed a Master Services Agreement (“MSA”), Statement of Work (“SOW”), or Data Processing Addendum (“DPA”) with HaileyAI, such agreements shall control in the event of any conflict with these Terms.
1. Services and Access
1.1 Scope. The Services include HaileyAI’s AI-powered call handling, automation, integrations, reporting tools, dashboards, APIs, and related websites and software.
1.2 Provision. HaileyAI provides Services pursuant to a valid MSA, SOW, or Order Form. Direct self-service account creation through the website is not currently available.
1.3 License. Subject to compliance with these Terms, HaileyAI grants you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes.
1.4 Restrictions. You shall not reverse engineer, decompile, scrape, or otherwise misuse the Services. You are solely responsible for ensuring compliance with all applicable laws, including but not limited to data protection laws, call recording and consent laws, and the Telephone Consumer Protection Act (“TCPA”).
2. Customer Data and Security
2.1 Ownership. You retain ownership of all data, content, and outputs generated through the Services, including call transcripts, records, and summaries (“Customer Data”).
2.2 License to Operate. You grant HaileyAI a limited license to use Customer Data solely to provide and improve the Services.
2.3 Large Language Model Processing. HaileyAI does not use Customer Data to train third-party models. Where large language models are required for processing, Customer Data is tokenized before transfer, detokenized only during model execution, and immediately re-tokenized afterward.
2.4 Security. All Customer Data is encrypted in transit and at rest. HaileyAI maintains exclusive control of encryption keys.
2.5 Sub-processors. HaileyAI may engage subprocessors to support the Services, including for hosting, analytics, backups, and uptime. All subprocessors are bound by contractual obligations providing protections at least as strong as those set forth herein.
2.6 U.S.-Only Processing. Customer Data is stored and processed exclusively within the United States.
2.7 Breach Notification. HaileyAI shall notify you without undue delay upon becoming aware of a security breach affecting Customer Data.
3. Billing and Fees
3.1 Fees, billing methodology, and payment schedules shall be set forth in the applicable MSA, SOW, or Order Form.
3.2 All fees are exclusive of taxes, except for taxes based on HaileyAI’s net income. You are responsible for all other applicable taxes.
3.3 HaileyAI reserves the right to suspend Services in the event of non-payment. Late payments may accrue interest at the rate of 3% per month or the maximum rate permitted by law, whichever is lower.
4. Service Levels and Support
4.1 HaileyAI will use commercially reasonable efforts to maintain service uptime.
4.2 Any service level agreements, remedies, or credits are governed exclusively by the applicable MSA or SOW.
4.3 Standard support is included in the Services. Premium support may be purchased separately.
4.4 HaileyAI may update or modify the Services, provided that no such modification materially reduces the core functionality during a committed subscription term.
5. Confidentiality
5.1 Each party agrees to protect the other party’s Confidential Information and not to disclose it except as necessary for the performance of these Terms.
5.2 Confidential Information does not include information that is publicly available, independently developed without reference to the other party’s Confidential Information, or lawfully obtained from a third party.
5.3 If disclosure is required by law, the receiving party will provide advance notice to the extent permitted by law.
6. Intellectual Property
6.1 HaileyAI owns all rights, title, and interest in the Services, software, technology, models, and brand.
6.2 You own all rights, title, and interest in your Customer Data.
6.3 Any feedback or suggestions provided by you may be used by HaileyAI without restriction or obligation.
7. Term, Suspension, and Termination
7.1 These Terms remain in effect for as long as you access or use the Services.
7.2 HaileyAI may suspend access to the Services in the event of non-payment, security risks, or breach of these Terms.
7.3 Either party may terminate these Terms upon thirty (30) days’ written notice if the other party materially breaches and fails to cure such breach.
7.4 Upon termination, HaileyAI will provide access to export Customer Data for a reasonable period upon request.
8. Warranties and Disclaimers
8.1 HaileyAI warrants that the Services will perform materially in accordance with the documentation. In the event of a breach of this warranty, your exclusive remedy shall be repair, re-performance, or a pro-rata refund of prepaid unused fees.
8.2 Except as expressly provided herein, the Services are provided “AS IS” and without any other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, HaileyAI’s total liability for all claims arising under these Terms shall not exceed the greater of one hundred U.S. dollars (USD $100) or the fees paid by you to HaileyAI in the twelve (12) months preceding the claim.
9.2 In no event shall either party be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, or goodwill.
9.3 In the event you have entered into an MSA or SOW with HaileyAI, the liability limitations set forth therein shall control.
10. Indemnification
10.1 HaileyAI will defend and indemnify you against third-party claims alleging that the Services infringe intellectual property rights, subject to prompt notice and full control of the defense by HaileyAI.
10.2 You will defend and indemnify HaileyAI against claims arising out of your misuse of the Services, violation of law, or Customer Data.
11. Publicity Rights
Unless you opt out in writing by notice to HaileyAI at privacy@gohailey.ai, you grant HaileyAI the right to use your company name, logo, and trademarks to identify you as a customer in marketing materials, case studies, and on HaileyAI’s website.
12. Messaging and Communications
12.1 As part of the Services, HaileyAI may send SMS, voice, or email communications on your behalf.
12.2 End recipients shall be provided with clear opt-out mechanisms, including the ability to unsubscribe or text STOP.
12.3 You are solely responsible for ensuring that all such communications comply with applicable law and that recipients have provided necessary consents.
13. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to conflict of laws principles. Any disputes arising hereunder shall be resolved exclusively in the state or federal courts located in Ada County, Idaho, and the parties hereby submit to the jurisdiction of such courts. Each party waives the right to a jury trial to the maximum extent permitted by law.
14. Miscellaneous
14.1 These Terms may not be assigned or transferred by you without HaileyAI’s prior written consent. HaileyAI may assign these Terms without restriction.
14.2 If any provision of these Terms is held invalid, the remaining provisions shall remain in full force and effect.
14.3 No failure or delay in exercising any right shall constitute a waiver of that right.
14.4 Neither party shall be liable for delays or failures due to causes beyond its reasonable control, including acts of God, natural disasters, or internet outages.
14.5 The Services may not be used in violation of U.S. export control laws or by persons located in embargoed countries or on denied-party lists.
14.6 These Terms, together with the Privacy Policy and any MSA, SOW, or DPA, constitute the entire agreement between the parties. In the event of conflict, the order of precedence shall be: (i) MSA/SOW/DPA; (ii) these Terms; (iii) the Privacy Policy.
14.7 Accessibility. HaileyAI is committed to providing equal access to its website and services for all users, including individuals with disabilities. HaileyAI endeavors to conform its website to generally recognized accessibility standards, including the Web Content Accessibility Guidelines (WCAG) where reasonably practicable. Users who encounter accessibility barriers or require reasonable accommodations may contact HaileyAI at privacy@gohailey.ai. HaileyAI will make good faith efforts to address accessibility concerns in a timely manner.
14.8 Acceptable Use. Users of the Services shall not, whether directly or indirectly, use the Services for any unlawful, fraudulent, abusive, or otherwise improper purpose, including but not limited to the sending of unsolicited communications, harassment of third parties, or the infringement of intellectual property rights. Users shall not attempt to disrupt or interfere with the security, integrity, or availability of the Services, or use the Services in any manner that could subject HaileyAI to legal liability. HaileyAI reserves the right to suspend or terminate access to the Services in the event of any violation of this provision.
Contact
Questions regarding these Terms may be directed to:
HaileyAI Corporation
Email: privacy@gohailey.ai