Terms of Service

Welcome to Heyrmes (operated by Arslan Ahmad) ("Heyrmes," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, platform, APIs, and related services (collectively, the "Service").

Heyrmes provides AI-powered conversational sales agents that communicate with your end users across SMS, email, voice, and web chat.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Who We Are

Heyrmes is currently operated by an individual sole proprietor and is not incorporated as a registered company.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a legally binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

You are responsible for keeping your account credentials secure and for all activity under your account. Notify us immediately of any unauthorized access.

3. The Service

Heyrmes lets you build, deploy, and manage AI-powered conversational sales agents that interact with your end users through SMS, email, voice, and web chat. The Service depends on third-party providers (such as OpenAI, Twilio, GoHighLevel, Pinecone, Mem0, and Hume AI) for certain features. We may add, change, or remove functionality at any time.

4. Payments (Processed by Stripe)

All payments for the Service are processed by Stripe, our third-party payment processor. By subscribing, you authorize Stripe to charge your payment method for all applicable fees, including taxes.

Heyrmes is not responsible for:

• Payment errors, declines, or failed charges caused by Stripe or your bank.
• Disputes, chargebacks, holds, or delays initiated by Stripe or your card issuer.
• Actions Stripe takes against your payment account (including freezing, suspending, or closing it) under Stripe's terms.
• The security of payment data stored or processed by Stripe.

Your use of Stripe is governed by Stripe's own terms and privacy policy. We do not store full card numbers on our servers.

5. Subscriptions and Fees

Paid plans are billed in advance on a recurring basis (monthly or annually) until cancelled. Usage-based features (such as voice minutes, SMS segments, or AI model usage) may incur additional charges on top of your subscription fee.

We may change pricing from time to time. Any changes to recurring fees will take effect at the start of your next billing cycle, and we will give you reasonable advance notice.

6. Refund Policy

All fees are non-refundable except where required by law. This includes subscription fees, usage-based charges, and any add-ons.

In limited cases, we may issue a refund at our sole discretion. Requests can be sent to legal@heyrmes.com. Any refund granted in one instance does not create an obligation to grant refunds in other instances.

7. No Guarantee of Message Delivery

Heyrmes relies on third-party telecommunications and email providers to deliver SMS, voice calls, and emails. Delivery of these messages depends on carriers, spam filters, network conditions, and provider availability, none of which we control.

We make no guarantee or warranty that any SMS, voice call, or email sent through the Service will be delivered, received, opened, read, or delivered on time.

You acknowledge that messages may be delayed, filtered, blocked, or dropped, and you agree that Heyrmes is not liable for any loss or damage resulting from undelivered or delayed communications.

8. Your Content

You retain ownership of the prompts, workflows, knowledge base documents, messages, and other data you submit to the Service ("Your Content"). You grant Heyrmes a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Your Content solely to operate and improve the Service.

You represent that you have all rights and consents needed to submit Your Content and to process information about your end users through the Service.

9. Your Legal Responsibility

You are solely responsible for complying with all laws and regulations that apply to your use of the Service in your jurisdiction and the jurisdictions of your end users. This includes, without limitation:

• Marketing, messaging, and telemarketing laws (e.g., TCPA, CAN-SPAM, CASL, PECR, and local equivalents).
• Data protection and privacy laws (e.g., GDPR, UK GDPR, CCPA, and similar).
• Consumer protection, advertising, and e-commerce regulations.
• Obtaining valid consent from recipients before sending messages, calls, or emails, and honoring opt-outs.
• Providing your own privacy notice and, where required, acting as the data controller for your end users' data.

You agree to indemnify Heyrmes against any claim, fine, or loss arising out of your failure to comply with applicable laws.

10. Acceptable Use

You agree not to use the Service to:

• Violate any law or third-party right.
• Send spam, unsolicited messages, or communications that violate anti-spam or telemarketing laws.
• Impersonate any person or entity.
• Transmit malware, attempt unauthorized access, or interfere with the Service's security or integrity.
• Generate or distribute content that is harmful, harassing, defamatory, hateful, sexually explicit, or that exploits minors.
• Use the Service for any business prohibited by Stripe or our other providers.
• Reverse engineer, copy, or resell the Service without our written consent.

We may suspend or terminate accounts that violate these rules, with or without notice.

11. AI Output Disclaimer

The Service uses large language models and other AI systems to generate responses, messages, summaries, and other output. AI output may be inaccurate, incomplete, outdated, biased, or otherwise inappropriate.

You must not rely on AI output without human review. You are responsible for reviewing output before sending it to your end users and for any decisions made based on it. The Service is not a substitute for professional legal, medical, financial, or other expert advice.

12. Third-Party Integrations

The Service integrates with third-party products and APIs, including OpenAI, Twilio, GoHighLevel, Pinecone, Mem0, Hume AI, and Stripe. These providers are independent of Heyrmes and operate under their own terms. We do not control their availability, performance, or behavior, and we are not responsible for any issues, outages, data loss, or damages caused by them.

13. Beta Features

We may offer features labeled "beta," "preview, " or similar. Beta features are provided as-is, may be unstable or change without notice, and are not covered by any service level commitments. Use them at your own risk.

14. Force Majeure

Heyrmes is not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, labor disputes, internet or power outages, failures of third-party providers (including Stripe, cloud providers, telecommunications carriers, and AI vendors), or cyberattacks.

15. Termination

You may stop using the Service at any time from your account settings. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or if we believe your use creates risk or legal exposure for Heyrmes or others. Upon termination, your right to use the Service ends immediately, and we may delete Your Content after a reasonable period.

16. No Warranties

The Service is provided "as is" and "as available," without warranties of any kind, express or implied. To the maximum extent permitted by law, Heyrmes disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranties arising from course of dealing or usage. We do not warrant that the Service will be uninterrupted, secure, error-free, or that AI output or message delivery will meet your expectations.

17. Limitation of Liability

To the maximum extent permitted by law, Heyrmes and its operator will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunities, or other intangible losses, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any and all claims relating to the Service shall not exceed the greater of (a) one hundred U.S. dollars (USD $100) or (b) the total fees you paid to Heyrmes in the twelve (12) months immediately preceding the event giving rise to the claim.

18. Indemnification

You agree to defend, indemnify, and hold harmless Heyrmes and its operator from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Your Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

19. Governing Law

These Terms are governed by the laws of Portugal, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be resolved in the courts located in Portugal, and you consent to the jurisdiction of those courts.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will revise the "Last updated" date above and, where appropriate, notify you through the Service or by email. Continued use of the Service after the changes take effect means you accept the updated Terms.

21. Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and Heyrmes regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms without our written consent; we may assign them freely.

22. Contact Us

Questions about these Terms? Email legal@heyrmes.com.