Terms of Service

Last updated: December 25, 2024

Welcome to Hank AI. These Terms of Service ("Terms") govern your access to and use of our AI-powered phone answering, website, and related services. By using our services, you agree to these Terms. If you do not agree, do not use our services.

1. Service Description

Hank provides AI-powered services including but not limited to:

  • 24/7 AI voice answering and call handling for emergency service businesses
  • SEO-optimized website design and hosting for local businesses
  • Website chat AI for lead capture and qualification
  • Call transcription, intelligence, and analytics
  • SMS automation and appointment reminders
  • Lead capture forms and conversion optimization

Service features, availability, and functionality may vary based on your subscription plan and may be updated or modified at our discretion.

2. Account Registration and Eligibility

To use our services, you must create an account and provide accurate, current, and complete information. You agree to:

  • Be at least 18 years old and legally able to contract
  • Maintain the confidentiality of your account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities under your account
  • Provide truthful information about your business and services

We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our discretion.

3. Subscription and Billing

Subscription Plans

Our services are offered on a subscription basis with monthly billing. Pricing is displayed on our website and may be updated with 30 days' notice.

Payment Terms

  • Payment is due at the beginning of each billing cycle
  • We accept major credit cards and ACH bank transfers
  • Failed payments may result in service suspension or termination
  • You authorize us to charge your payment method automatically

Cancellation and Refunds

You may cancel your subscription at any time with 30 days' notice. No refunds will be provided for partial months or unused services. Upon cancellation, services will continue through the end of your current billing period.

Free Trials

If we offer a free trial, you will not be charged until the trial period ends. You may cancel before the trial ends to avoid charges. We reserve the right to limit free trial eligibility.

4. Acceptable Use

You agree not to:

  • Violate any laws, regulations, or third-party rights
  • Use our services for fraudulent, abusive, or illegal purposes
  • Attempt to access, reverse engineer, or tamper with our systems
  • Transmit viruses, malware, or harmful code
  • Harass, threaten, or impersonate others
  • Spam, phish, or engage in unsolicited marketing via our platform
  • Resell, redistribute, or sublicense our services without authorization
  • Interfere with or disrupt the integrity or performance of our services

Violation of these terms may result in immediate account suspension or termination without refund.

5. AI Service Limitations

Our AI services are designed to assist with call answering, scheduling, and customer service. However:

  • AI may occasionally make errors or provide incorrect information
  • Complex or ambiguous situations may require human intervention
  • AI responses are based on training data and may not cover all scenarios
  • You remain responsible for the quality and accuracy of services provided to your customers
  • We do not guarantee 100% uptime, though we strive for 99.9% availability

You acknowledge that AI technology has inherent limitations and agree to monitor AI interactions for quality assurance.

6. Intellectual Property

Our Rights

All content, features, functionality, software, and technology comprising our services are owned by Hank AI and protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of content you provide (business information, branding, call scripts, etc.). By using our services, you grant us a license to use, store, process, and display your content as necessary to provide services.

AI Training

We may use anonymized call data and interactions to improve our AI models. Personal information is removed before use in training data.

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. You agree to comply with all applicable data protection laws when using our services.

For healthcare-related services, we maintain HIPAA compliance and will execute a Business Associate Agreement (BAA) as required.

8. Warranties and Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HANK AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow limitations on implied warranties or liability for damages, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Hank AI, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including attorney fees) arising from:

  • Your use or misuse of our services
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Content you provide or actions taken through your account

11. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your account immediately if:

  • You violate these Terms
  • Your payment fails or account is past due
  • We believe your account poses a security risk
  • We discontinue services

Upon termination, your access to services will cease, and we may delete your data after a reasonable period (typically 30 days).

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or prominent website notice at least 30 days before the changes take effect.

Continued use of our services after changes constitutes acceptance of the updated Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court for intellectual property violations.

14. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Hank AI.
  • Severability: If any provision is found invalid, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any right does not waive that right.
  • Assignment: You may not assign these Terms without our consent. We may assign freely.
  • Force Majeure: We are not liable for delays or failures due to causes beyond our reasonable control.

15. Contact Us

If you have questions about these Terms of Service, please contact us:

Email: legal@dialhank.com

Address: Hank AI, Inc.