Terms of Service

1. Agreement to These Terms

These Terms of Service (the "Terms") govern your access to and use of the franchiseagent.ai website (the "Site") and, where applicable, the FranchiseAgent AI phone answering, intake, and routing service (the "Service"), each operated by HummingAgent ("we," "us," or "our"). By accessing the Site or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Site or the Service.

If you use the Service on behalf of a company, franchise system, or other organization, you represent that you have authority to bind that organization, and "you" refers to it.

2. The Service

FranchiseAgent provides AI-powered call answering for franchise systems and multi-location businesses: centralized intake against a client-approved standard, routing of callers to individual locations, and call summaries for locations and, where configured, the franchisor. Specific features, configurations, rollout scope, and service levels for paying clients are defined in a separate written service agreement or order form. If a service agreement conflicts with these Terms, the service agreement controls for that client.

3. AI Disclosure and Recording

The Service uses artificial intelligence to answer and conduct calls. Callers are informed that they are speaking with an AI assistant, and calls may be recorded and transcribed with notice consistent with applicable law. Clients are responsible for ensuring that their configuration of the Service, including any scripts and disclosures they approve, complies with the laws that apply to their business and their callers.

4. Acceptable Use

You agree not to:

• Use the Site or the Service in violation of any applicable law or regulation, including telemarketing, recording, and consumer protection laws.
• Attempt to gain unauthorized access to the Service, other users' data, or our systems, or probe, scan, or test their vulnerability without written authorization.
• Interfere with or disrupt the integrity or performance of the Site or the Service.
• Use the Service to transmit unlawful, deceptive, defamatory, or harassing content, or to impersonate any person or entity.
• Copy, resell, or sublicense the Service except as expressly permitted in a service agreement.

5. Client Content and Configuration

Clients retain ownership of the scripts, standards, location data, and other materials they provide to configure the Service ("Client Content"). Clients grant us a license to host, process, and use Client Content solely to provide and support the Service. Clients are responsible for the accuracy of Client Content, including location hours, services, and routing details, and for having the rights necessary to provide it.

6. Intellectual Property

The Site, the Service, and all related software, designs, and content (excluding Client Content) are owned by HummingAgent or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Site for its intended purpose. No other rights are granted. FranchiseAgent and HummingAgent names and marks may not be used without our prior written consent.

7. Fees

Use of the Service is subject to the fees set out in the applicable service agreement or order form. Browsing the Site is free. Unless otherwise stated in a service agreement, fees are exclusive of taxes, and you are responsible for any applicable taxes other than taxes on our income.

8. Third-Party Services

The Site and the Service may link to or interoperate with third-party services, such as scheduling tools and telephony providers. We do not control and are not responsible for third-party services, and your use of them is governed by their own terms and policies.

9. Disclaimers

THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI-generated responses may contain errors, and we do not warrant that the Service will be uninterrupted, error-free, or that every call will be answered, routed, or summarized correctly. Any uptime or performance commitments for paying clients are set out exclusively in the applicable service agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMMINGAGENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS IF YOU HAVE PAID NOTHING. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless HummingAgent and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your Client Content, your violation of these Terms, or your violation of applicable law in connection with your use of the Service.

12. Termination

We may suspend or terminate access to the Site or the Service if you materially breach these Terms and, where practicable, fail to cure the breach after notice. Termination of paid service engagements is governed by the applicable service agreement. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, and indemnification, survive.

13. Governing Law and Disputes

These Terms are governed by the laws of the United States and the state in which HummingAgent is organized, without regard to conflict of law rules. The parties will first attempt in good faith to resolve any dispute informally by contacting each other. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in that state, and each party consents to their jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the effective date above and, for material changes, take reasonable steps to provide notice. Continued use of the Site or the Service after changes take effect constitutes acceptance of the updated Terms.

15. Contact

HummingAgent
Email: hello@hummingagent.ai