Last updated: [DATE]
These Terms of Service ("Terms") govern your access to and use of the Haillo website, platform, applications, artificial intelligence services and related products and services (collectively, the "Services").
Haillo is operated by [LEGAL COMPANY NAME], registration number [REGISTRATION NUMBER], a company incorporated in the Republic of South Africa ("Haillo", "we", "us" or "our").
By creating an account, purchasing a subscription or credits, accessing the Services, or otherwise using Haillo, you agree to these Terms.
If you use Haillo on behalf of a company or other organisation, you confirm that you have authority to accept these Terms on its behalf.
If you do not agree to these Terms, you may not use the Services.
About Haillo
Haillo provides an AI-powered automation and communications platform that enables businesses to build and operate workflows across channels that may include voice, messaging, WhatsApp, web-based interactions and other supported communication channels.
Depending on the features selected, the Services may enable customers to:
- create automated workflows;
- configure AI-powered agents and assistants;
- make or receive voice calls;
- send or receive messages;
- integrate with third-party systems;
- process information supplied by customers and their end users;
- generate AI-produced responses, summaries, classifications and other outputs; and
- automate actions within connected systems.
Features may change, be added or removed as the platform develops.
Eligibility and Business Use
You must have the legal capacity to enter into a binding agreement to use the Services.
If you create an account on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.
You are responsible for ensuring that all persons using Haillo through your account comply with these Terms.
Accounts
Certain Services require a Haillo account.
You agree to provide accurate and current information when creating and maintaining your account.
You are responsible for:
- maintaining the confidentiality of your login credentials;
- controlling access to your account;
- configuring appropriate user permissions;
- activities performed through your account; and
- notifying us promptly if you believe your account has been compromised.
You may not share individual user credentials between multiple people where the applicable subscription or feature requires individually assigned users.
We may suspend access where we reasonably believe an account has been compromised or is being used unlawfully.
Subscriptions
Haillo may offer free and paid subscription plans.
The features, usage allowances, limits and pricing applicable to each plan will be displayed on our website or provided to you when you subscribe.
Paid subscriptions are billed according to the billing period selected when subscribing.
Unless otherwise stated during purchase, subscriptions may renew automatically for successive billing periods until cancelled.
You may cancel your subscription through the functionality made available by Haillo or by contacting us.
Cancellation prevents future renewal but does not ordinarily result in a refund for a billing period already paid for, except where required by applicable law or expressly stated otherwise.
Nothing in these Terms limits any cancellation, cooling-off, refund or other right that cannot lawfully be excluded under the Consumer Protection Act, the Electronic Communications and Transactions Act or other applicable South African law.
Usage Credits
Certain Haillo Services may operate using prepaid usage credits.
Credits may be purchased separately or included as part of a subscription plan.
Credits may be deducted based on usage including, depending on the Service:
- voice minutes;
- AI processing;
- transcription;
- text-to-speech generation;
- messaging;
- telecommunications;
- workflow execution;
- third-party services; or
- other metered functionality.
The number of credits charged for a particular activity may vary depending on the technology, provider, model, channel or feature being used.
Current usage rates will be made available through the platform, pricing page or other applicable pricing documentation.
Where technically practical, your account will display your available credit balance and usage.
Purchased credits are not cash, do not represent stored monetary value and cannot be transferred or redeemed for cash except where required by applicable law.
Any expiry period applicable to purchased credits will be clearly disclosed before purchase or within the applicable pricing terms.
Pricing and Taxes
Prices are displayed in the currency indicated during purchase and may include or exclude VAT as stated at checkout or on the applicable pricing page.
You are responsible for taxes applicable to your purchase except taxes imposed directly on Haillo's income.
We may change subscription pricing, usage rates or credit pricing from time to time.
Changes to recurring subscription pricing will apply from a future billing period following reasonable notice where required.
Usage-based pricing may change as underlying telecommunications, AI or third-party provider costs change. Material changes will be communicated through the platform, website or other reasonable means.
Free Services
Haillo may provide free plans, trials, promotional credits or other Services without charge.
Free Services may have limitations relating to functionality, usage, support, storage, integrations, communication channels or AI models.
We may modify or discontinue a free plan or promotional offering at any time, subject to applicable law.
Promotional or free credits may expire and have no cash value.
Customer Content and Data
"Customer Content" means information, data, instructions, prompts, documents, recordings, messages, workflow configurations and other content submitted to or processed through Haillo by you or on your behalf.
You retain ownership of your Customer Content.
You grant Haillo the rights necessary to host, transmit, process, reproduce and otherwise use Customer Content solely as reasonably required to provide, secure, maintain and improve the Services, comply with your instructions, and meet our legal obligations.
You are responsible for ensuring that you have all necessary rights, permissions and lawful grounds to provide Customer Content to Haillo.
Personal Information and POPIA
Haillo processes personal information in accordance with applicable data protection legislation, including the Protection of Personal Information Act 4 of 2013 ("POPIA").
Our collection and processing of personal information relating directly to users of Haillo is further described in our Privacy Policy.
Where Haillo processes personal information on behalf of a customer as part of providing the Services, the respective responsibilities of Haillo and the customer may also be governed by a Data Processing Agreement or other applicable agreement.
Customers are responsible for determining whether they have a lawful basis for collecting, processing, storing and communicating personal information through Haillo.
This includes obtaining consent where consent is required.
Call Recording and Communications
Haillo may enable voice calls, recordings, transcriptions, messaging and other communications.
Laws governing call recording, monitoring, direct marketing, electronic communications and consent may vary depending on the people involved and the jurisdictions in which they are located.
You are responsible for determining whether notification or consent is required before recording, monitoring, transcribing or processing communications through Haillo.
You must configure and use the Services in compliance with applicable law.
Haillo may provide functionality that assists with notices or disclosures, but this does not transfer your legal obligations to Haillo.
Artificial Intelligence
Certain Haillo features use artificial intelligence and machine learning technologies.
You acknowledge that AI-generated outputs are probabilistic and may sometimes be inaccurate, incomplete, inappropriate or unexpected.
You are responsible for determining whether AI-generated outputs are appropriate for your intended use.
Haillo does not guarantee that AI-generated information will always be accurate, complete or suitable for a particular purpose.
Where a workflow may materially affect a person's rights, safety, finances, employment, healthcare, legal position or other significant interests, you are responsible for implementing appropriate safeguards, review processes and human oversight as required by applicable law and the circumstances.
You should not rely solely on AI-generated output for decisions requiring professional judgement unless the system has been appropriately designed, reviewed and authorised for that purpose.
Automated Actions and Workflows
Haillo may allow workflows or AI agents to perform actions automatically, including communicating with people or interacting with connected systems.
You are responsible for the workflows, instructions, permissions, integrations and automation rules you configure.
Before enabling an automated workflow in a production environment, you should reasonably test it and confirm that its behaviour is appropriate for your intended use.
Haillo is not responsible for actions performed because of incorrect customer configuration, instructions, data or permissions, except to the extent that liability cannot lawfully be excluded.
Third-Party Services
Haillo may integrate with or rely on third-party services, including telecommunications providers, messaging platforms, artificial intelligence providers, cloud infrastructure providers and business applications.
Your use of certain third-party services may also be subject to the terms and policies of those providers.
Haillo does not control third-party services and cannot guarantee their continuous availability or performance.
Changes made by third-party providers may affect Haillo features or functionality.
We may replace, modify or discontinue integrations where reasonably necessary.
Acceptable Use
You may not use Haillo to:
- violate applicable law;
- commit fraud or impersonate another person or organisation;
- send unlawful spam or unsolicited communications;
- harass, threaten or abuse another person;
- intentionally mislead people about the identity or purpose of a communication where disclosure is legally required;
- infringe intellectual property or privacy rights;
- distribute malware or malicious code;
- attempt to gain unauthorised access to systems or information;
- interfere with the security or operation of the Services;
- circumvent usage limits or security controls;
- conduct unlawful surveillance;
- process information you do not have the right to process;
- use the Services for illegal discrimination; or
- use Haillo for any activity prohibited by our Acceptable Use Policy, if applicable.
We may investigate suspected misuse and suspend or terminate access where reasonably necessary to protect Haillo, our customers, third parties or the integrity of the Services.
Communications With End Users
If you use Haillo to communicate with your customers, employees, prospects or other individuals, you are responsible for those communications.
You must ensure that communications comply with applicable laws relating to direct marketing, consumer protection, privacy, electronic communications and telecommunications.
Where legally required, you must provide recipients with appropriate identification, disclosures and mechanisms to opt out of further communications.
Intellectual Property
Haillo and its licensors retain all rights, title and interest in the Services, including software, designs, workflows supplied by Haillo, interfaces, trademarks, documentation and underlying technology.
Except for the limited right to use the Services under these Terms, no intellectual property rights are transferred to you.
You may not copy, modify, reverse engineer, resell or create derivative works from the Services except where expressly permitted by us or where such restriction is prohibited by law.
Feedback
If you provide ideas, suggestions or feedback about Haillo, you permit us to use that feedback to develop and improve our products and Services without an obligation to compensate you.
This does not give Haillo ownership of your Customer Content or confidential business information.
Service Availability
We aim to provide reliable Services but cannot guarantee uninterrupted or error-free availability.
Services may occasionally be unavailable because of:
- scheduled maintenance;
- emergency maintenance;
- telecommunications failures;
- cloud or infrastructure provider failures;
- third-party platform outages;
- internet connectivity;
- security incidents;
- force majeure events; or
- circumstances outside our reasonable control.
Where commercially reasonable, we will endeavour to restore affected Services promptly.
Specific service-level commitments, where applicable, will be governed by a separate written agreement or service level agreement.
Beta and Preview Features
We may make experimental, beta, preview or early-access functionality available.
Such features may be incomplete, change substantially or be discontinued.
Unless expressly agreed otherwise, beta and preview functionality is provided without service-level commitments and should not be relied upon for critical production processes.
Suspension
We may temporarily suspend access to some or all of the Services where reasonably necessary because of:
- non-payment;
- material breach of these Terms;
- security risks;
- suspected unlawful activity;
- excessive or abusive use;
- risk to other customers or the platform;
- requirements imposed by law or a competent authority; or
- circumstances requiring urgent action to protect the Services.
Where reasonably possible, we will provide notice and an opportunity to resolve the issue.
Termination
You may stop using Haillo at any time and may cancel paid Services in accordance with the applicable subscription terms.
We may terminate your access if you materially breach these Terms and fail to remedy the breach within a reasonable period after being notified, unless immediate termination is reasonably necessary because of unlawful conduct, security risk, fraud or serious misuse.
Upon termination, your right to access the Services ends.
Data may be retained or deleted in accordance with our Privacy Policy, data retention practices, applicable agreements and legal obligations.
Warranties and Disclaimers
We will provide the Services with reasonable care and skill.
However, subject to rights and warranties that cannot lawfully be excluded, Haillo does not warrant that:
- the Services will always be uninterrupted;
- every AI-generated response will be accurate;
- every automated workflow will produce the intended outcome;
- every third-party integration will remain available;
- the Services will meet every customer's particular requirements; or
- the Services will be entirely free from errors.
Nothing in these Terms excludes warranties, rights or remedies that cannot lawfully be excluded under applicable South African law.
Limitation of Liability
To the maximum extent permitted by applicable law, Haillo will not be liable for indirect, incidental, special or consequential losses arising from use of the Services, including loss of profits, revenue, goodwill, anticipated savings or business opportunity.
To the maximum extent permitted by law, Haillo's aggregate liability arising from or relating to the paid Services will not exceed the amount paid by the customer to Haillo for the Services giving rise to the claim during the 12 months preceding the event giving rise to the claim.
The limitations above do not apply where liability cannot lawfully be limited or excluded.
Nothing in these Terms is intended to exclude liability in a manner prohibited by the Consumer Protection Act or other applicable law.
Indemnity
To the extent permitted by law, you agree to indemnify Haillo against third-party claims arising directly from:
- your unlawful use of the Services;
- Customer Content that infringes another person's rights;
- communications initiated by you in violation of applicable law;
- your material breach of these Terms; or
- workflows or automated actions configured by you in violation of applicable law.
This section does not require you to indemnify Haillo for losses caused by Haillo's own unlawful conduct.
Confidentiality
Where either party receives non-public information that a reasonable person would understand to be confidential, that party must take reasonable steps to protect it and may use it only for purposes relating to the Services.
Confidential information does not include information that is publicly available through no breach of an obligation, independently developed without use of the confidential information, or lawfully received from another source.
A party may disclose confidential information where required by law.
Changes to the Services
Haillo is an evolving platform.
We may introduce, modify, replace or discontinue features from time to time.
Where a change materially reduces functionality included in a paid subscription, we will endeavour to provide reasonable notice where practical.
Changes to These Terms
We may update these Terms as our Services, business or legal obligations change.
The latest version will be published on our website and will display the date it became effective.
If we make a material change affecting existing paid customers, we will provide reasonable notice through the platform, email or another appropriate channel.
Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms, subject to applicable law.
Electronic Communications
You agree that agreements, notices, invoices and other communications relating to Haillo may be provided electronically.
Electronic communications and transactions will be recognised in accordance with applicable South African law, including the Electronic Communications and Transactions Act 25 of 2002.
Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Subject to any rights you may have under applicable consumer protection legislation, the courts of South Africa will have jurisdiction over disputes arising from these Terms.
General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
A failure by either party to enforce a provision does not constitute a waiver of that provision.
You may not transfer your rights under these Terms without our consent, except as permitted by law.
We may transfer our rights and obligations as part of a merger, acquisition, corporate restructuring or sale of the relevant business, subject to applicable law.
These Terms, together with any applicable order form, Privacy Policy, Data Processing Agreement and other expressly incorporated terms, constitute the agreement governing your use of the Services.
Where a separately executed agreement between Haillo and a customer conflicts with these Terms, the separately executed agreement will prevail to the extent of the conflict.
Contact Details
Haillo is operated by:
[LEGAL COMPANY NAME] Registration number: [REGISTRATION NUMBER] Registered address: [REGISTERED ADDRESS] South Africa
General enquiries: [EMAIL ADDRESS] Legal enquiries: [LEGAL EMAIL] Privacy enquiries: [PRIVACY EMAIL]
For more information about how we process personal information, please review our Privacy Policy.