These Merchant Terms and Conditions ("Terms") govern the use of AI phone answering services ("Services") provided by Hostie, a Delaware C-Corp ("Merchant," "we," "our," or "us"), to any individual or entity ("Customer," "you," or "your").
By using our AI phone answering services, you agree to these Terms. If you do not agree with any part of these Terms, you may not use our services.
AI Phone Answering: We provide automated phone answering services using artificial intelligence technology to handle incoming calls, greet callers, provide information, take messages, and more as specified by the Customer.
Text messaging: We provide summaries of phone conversations and send the summaries via text messages to the Customer.
Subscription: Customers may subscribe to our AI phone answering services based on available plans listed in the Order Form.
Payment: Payment terms are as specified during subscription signup. We accept payments via credit card, cash app pay, or bank account transfer.
Availability: We strive to maintain high service availability. However, we do not guarantee uninterrupted access to our services and may perform maintenance or updates that may temporarily disrupt service.
Performance: We aim to provide the most accurate and efficient AI phone answering. However, we do not guarantee the accuracy or completeness of responses.
Accuracy of Information: Customers are responsible for providing accurate and up-to-date information necessary for the AI to properly handle calls.
Compliance: Customers must ensure that the use of our services complies with applicable laws and regulations.
Exclusions: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with our services.
Termination: Either party may terminate the use of our services at any time with notice. Upon termination, any outstanding fees shall be paid by the Customer.
These Terms shall be governed by and construed in accordance with the laws of California and New York, without regard to its conflict of law principles.
Client acknowledges and agrees that Hostie’s service operates under the following Bot Law principles:
- All AI interactions will be clearly identified as artificial intelligence-powered communications.
- The AI system will not impersonate human agents without clear disclosure.
- Personal and sensitive information will be handled with maximum confidentiality and in compliance with data protection regulations.
- Clients are required to inform their customers that AI technology is being used for communication purposes.
By using Hostie’s Service, Client grants the Company a non-exclusive, worldwide license to:
- Collect and process customer interaction data
- Use such data to improve and enhance the AI service
- Analyze communication patterns and develop service improvements
Data Collection and Usage—Customer information collected during service interactions may be used for:
- Service improvement
- Machine learning and AI model training
- Performance optimization
- Developing new features
Hostie commits to:
- Not selling raw customer data to third parties
- Maintaining strict data security protocols
Client agrees to:
- Provide accurate and complete information for service setup
- Ensure compliance with relevant communication and privacy laws
- Use the Service only for lawful purposes
Client is responsible for:
- Maintaining the confidentiality of their account credentials
- All activities conducted through their account
- Verifying the appropriateness of AI interactions for their specific business needs
Client Indemnification Obligations:
- Client agrees to indemnify, defend, and hold harmless Hostie, its officers, directors, employees, and agents from and against any and all claims, actions, suits, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind, including reasonable attorneys' fees, arising out of or related to:
- Client's use of the Service
- Violation of these Terms and Conditions
- Violation of any rights of another party
- Any content or data uploaded, transmitted, or processed through the Service
- Client's failure to obtain necessary consents from their customers
- Any negligent or willful misconduct by Client or its employees or agents
Indemnification Process:
- Hostie will promptly notify Client of any such claim
- Client shall have sole control of the defense and settlement of the claim
- Client must provide Hostie with reasonable assistance in defending the claim
- Client cannot settle any claim without Hostie’s prior written consent
Limitation of Direct Liability:
- Notwithstanding any other provision in these Terms
- Hostie’s total cumulative liability, whether in contract, tort, or otherwise, shall not exceed the total amount paid by Client in the six (6) months preceding the claim
In no event shall Hostie be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Lost profits or revenue
- Loss of data or business interruption
- Cost of procurement of substitute goods or services
- Any damages arising from:
- Errors or omissions in AI-generated communications
- Interruption of service
- Security breaches not directly caused by Hostie’s gross negligence
Hostie shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:
- Natural disasters
- War or terrorism
- Governmental actions
- Network or infrastructure failures
- Cyber attacks
- Pandemics or other widespread health emergencies
We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon signing the new terms. It is your responsibility to review these Terms periodically.
