HeyPoppi Terms of Service

Welcome to HeyPoppi. These Terms of Service ("Terms") govern your access to and use of HeyPoppi's voice AI services, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to these Terms, you may not access or use our Services.

1. Acceptance of Terms

By creating an account, accessing our website, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and HeyPoppi.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Services under applicable law
• All information you provide is accurate and current

3. Account Registration and Security

Account Creation

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms, fraudulent activity, or any other reason we deem appropriate.

4. Description of Services

HeyPoppi provides voice AI services, including but not limited to:

• AI-powered voice agents for inbound and outbound calls
• Call analytics and dashboard reporting
• Conversation transcription and sentiment analysis
• Integration with third-party business tools
• SMS communications and notifications
• Custom voice agent configuration and management

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for fraudulent, deceptive, or illegal activities
• Harass, abuse, threaten, or intimidate others
• Send unsolicited communications (spam) or violate TCPA regulations
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use automated systems (bots, scrapers) without permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any proprietary notices or labels
• Use the Services to compete with HeyPoppi or develop competing products

6. SMS and Voice Communications Compliance

TCPA Compliance

You are responsible for compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all other applicable telecommunications laws and regulations when using our Services to contact individuals.

You represent and warrant that:

• You have obtained proper consent from recipients before sending SMS messages or making calls
• You maintain documentation of consent and opt-in records
• You honor opt-out requests promptly
• You do not contact numbers on the National Do Not Call Registry without proper exemption

Prohibited Communications

You may not use our Services to send or facilitate:

• Illegal content or solicitations
• Fraudulent or deceptive messages
• Threatening, harassing, or abusive communications
• Content that violates intellectual property rights
• Phishing attempts or malware distribution

7. Payment and Billing

Fees and Charges

You agree to pay all fees associated with your use of the Services according to the pricing plan you select. Fees may include:

• Subscription fees
• Usage-based charges (per-minute, per-call, per-message)
• Setup and configuration fees
• Premium features and add-ons

Billing Terms

• All fees are non-refundable unless otherwise stated
• You authorize us to charge your payment method on file
• Subscription fees are billed in advance on a recurring basis
• Usage charges are billed monthly in arrears
• We may change our pricing with 30 days' notice
• Failure to pay may result in service suspension or termination

Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, duties, and governmental charges.

8. Intellectual Property Rights

Our Intellectual Property

All rights, title, and interest in and to the Services, including all software, technology, content, trademarks, and proprietary information, are and will remain the exclusive property of HeyPoppi and its licensors.

Your Content

You retain ownership of any content you provide to the Services, including voice recordings, call data, and business information ("Your Content"). By using our Services, you grant us a limited license to:

• Use, process, and store Your Content to provide the Services
• Create anonymized, aggregated data for analytics and improvement purposes
• Use Your Content as reasonably necessary to comply with legal obligations

Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without compensation or obligation to you.

9. Data Privacy and Security

Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy.

You acknowledge that:

• We implement industry-standard security measures
• No system is completely secure, and we cannot guarantee absolute security
• You are responsible for maintaining the confidentiality of your account credentials
• Voice recordings and call data may be stored and processed as described in our Privacy Policy

10. Third-Party Services and Integrations

Our Services may integrate with or link to third-party services, websites, or applications. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Third-party privacy practices or terms of service
• Any damages or losses resulting from your use of third-party services

Your use of third-party services is at your own risk and subject to their respective terms and conditions.

11. Service Level and Availability

While we strive to provide reliable and continuous service:

• We do not guarantee uninterrupted or error-free service
• Scheduled and emergency maintenance may cause temporary outages
• Service availability may be affected by factors beyond our control
• We reserve the right to modify service features and functionality

Specific service level agreements (SLAs) may be available for enterprise customers under separate agreements.

12. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, HeyPoppi disclaims all warranties, including:

• Warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or completeness
• Warranties that the Services will meet your requirements
• Warranties that the Services will be uninterrupted or error-free

We do not warrant that the Services will be compatible with all devices, systems, or carriers. AI-generated content may contain errors or inaccuracies, and you are responsible for reviewing and verifying all outputs.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HEYPOPPI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.

Our total liability for all claims arising from or relating to these Terms or the Services shall not exceed the greater of:

• The amount you paid to HeyPoppi in the 12 months preceding the claim, or
• $100

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless HeyPoppi and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Your Content or any content you submit through the Services
• Your communications sent using our Services

15. Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to contact us at info@heypoppi.ai to attempt to resolve the dispute informally.

Binding Arbitration

If we cannot resolve the dispute informally, any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in English and located in the United States.

Class Action Waiver

You agree that disputes will be resolved on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Term and Termination

Term

These Terms remain in effect for as long as you use our Services.

Termination by You

You may terminate your account at any time by contacting us or using account settings. Termination does not relieve you of payment obligations for services already rendered.

Termination by Us

We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Fraudulent activity or payment failure
• Illegal or harmful conduct
• Extended periods of inactivity
• Any reason, with 30 days' notice for convenience

Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your account and data after 30 days
• You remain liable for all fees incurred before termination
• Provisions that should survive termination will continue to apply

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website with a new effective date
• Sending email notification to your registered email address
• Displaying a prominent notice within the Services

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

18. General Provisions

Governing Law

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

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HeyPoppi regarding the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, labor disputes, or internet/telecommunications failures.

19. Contact Information

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