Terms of Service

1. About these terms

These Terms govern access to and use of Operator (heyoperator.ai)’s websites, AI-assisted communications, storefronts, booking and payment tools, and related features (the “Service”). “Operator (heyoperator.ai)”, “Operator”, “we”, “us” and “our” refer to the provider of the Service operating under the Operator service name. “Merchant” means a business using the Service to interact with its customers; “customer” means a person making an inquiry, booking or purchase from a merchant.

You accept these Terms when you affirmatively agree to them through an account, order or other acceptance process. If you act for a business, you represent that you have authority to bind it. You must be at least 18 and have legal capacity to enter this agreement, including any higher age of majority that applies to you. Do not use the Service if you cannot accept these Terms. A separate signed agreement controls where it expressly conflicts with these Terms.

The Privacy Policy explains our information practices. It is a notice about processing, not consent to every possible use of information. Nothing in these Terms excludes rights or remedies that applicable law does not permit parties to waive.

2. Operator’s role and merchant transactions

Operator provides technology that helps merchants respond to inquiries, manage business information, quote, schedule, sell products or services, communicate and collect payments. The merchant identified in the transaction supplies the goods or services. Operator does not perform that work, employ the merchant, or guarantee its qualifications, safety, suitability, availability or performance. Handling a payment or providing automated assistance does not make Operator the supplier of the underlying goods or services.

Merchants are responsible for accurate listings, pricing, taxes, required disclosures, licenses, insurance, age restrictions, service suitability, fulfillment and customer support. Merchants must review imported business information and AI-generated content before relying on or publishing it. Customers are responsible for providing accurate requests and contact information and reviewing the merchant, price, currency, appointment details, deposit and cancellation terms before committing.

The merchant’s disclosed transaction terms apply to its sale, subject to mandatory law. They cannot remove your rights against Operator for Operator’s own conduct. Contact the merchant about fulfillment, service quality or a merchant refund, and contact Operator about a platform or payment-processing error.

3. Accounts, credentials and connected assistants

Provide accurate information and keep it current. Protect passwords, verification codes, API keys, connected-app authorizations and booking links. Some links grant access to a conversation to anyone who holds them. Notify us promptly of suspected unauthorized access and revoke affected connections where possible.

You are responsible for activity you authorize through your account, including actions by your staff and connected assistants. This does not make you responsible for a security failure caused by Operator or remove statutory protections against unauthorized charges. A connected app may read information or perform actions within its granted permissions. Review permissions before connecting an app; disconnecting it does not delete information it previously copied. Third-party services have their own terms and privacy practices.

4. AI and automated actions

The Service uses AI for conversations, voice handling, transcription, summaries, suggestions and information extraction. AI can misunderstand requests or produce inaccurate or incomplete output. It is not professional medical, legal, financial or emergency advice. Do not use the Service as an emergency line or where failure could cause death, injury or comparable serious harm.

Quotes, availability and transaction steps also depend on application rules and merchant settings. Review the actual quote, checkout and confirmation. An AI statement, estimate, inquiry acknowledgement or temporary slot hold is not by itself a confirmed booking or payment. Merchants authorize the Service to apply the settings and workflows they configure, including automated replies, eligible bookings, notifications and cancellation/refund rules. Merchants must monitor outcomes and correct inaccurate settings; Operator remains responsible for its own legal obligations and implementation errors.

5. Plans, trials and recurring charges

Prices are shown in US dollars or Canadian dollars, as identified in the applicable order. The price, currency, billing interval, included features, usage allowances, applicable taxes and trial terms presented when you subscribe form part of your order. Plans may be monthly or annual. An annual plan is billed for the stated annual term; a monthly equivalent shown for comparison is not a monthly cancellation arrangement. A plan described as unlimited remains subject to the feature and usage scope stated in that offer.

Subscriptions renew automatically for the stated interval until cancelled. By agreeing to a subscription order, you authorize recurring charges to the payment method you provide for the amounts and schedule disclosed in that order. A trial converts to a paid subscription only under the payment authorization and conversion terms presented at signup. Check the displayed trial-end date and first charge; adding payment information does not necessarily restart an existing trial.

You can cancel renewal through the available billing controls, or contact hello@heyoperator.ai if those controls are unavailable. Ordinary subscription cancellation takes effect at the end of the current paid period. Closing the entire merchant account is different: access stops and subscription cancellation is requested immediately. Neither action automatically creates a prorated refund. Refunds remain available where required by law, stated in your offer or agreed by us, including correction of billing errors.

Plan changes may take effect immediately and create prorated charges or credits as disclosed in the change flow. We will give reasonable advance notice of material price changes, and any notice required by law, before they apply to a renewal, with an opportunity to cancel. An existing paid period is not retroactively repriced. Earlier accounts with separately agreed pricing keep those terms unless a change is validly agreed or made under the applicable agreement.

6. Usage credits and automatic top-ups

Usage credits pay for the metered activities described in your plan or purchase offer. Included plan credits renew on their stated credit cycle and unused included credits expire at that cycle’s end; annual billing does not necessarily mean that all annual credits are granted at once. Purchased credits have the expiry disclosed at purchase, ordinarily 365 days after purchase, except where expiry is prohibited by law. Promotional or referral credits may have different disclosed conditions. Credits are service-use entitlements, not a bank balance or transferable currency.

Automatic top-ups are optional and require a separate affirmative billing authorization. A subscription purchase, a saved payment method or acceptance of these Terms alone does not authorize automatic top-ups. Before enabling them, the authorization identifies the purchase amount and currency, applicable tax treatment, credit-balance trigger and monthly spending cap. We retain a record of that authorization. Changes to the authorized billing settings require renewed authorization before further automatic top-ups under the new settings.

When authorized, a top-up charges the saved payment method when the balance falls below the selected threshold. The calendar-month cap applies to credit purchases counted by the account controls, excluding tax; it does not cap subscription fees or customer transactions. A lower new-account cap may apply. You can disable automatic top-ups in Usage or contact support if you cannot access that control. Disabling stops future automatic purchase initiations but does not reverse a purchase already initiated. Disabling top-ups does not cancel your subscription.

Usage, feature access or the business telephone line may be limited or paused when credits are exhausted, payment fails, a trial ends or a subscription is inactive. Processing already underway can complete and consume credits after a balance threshold is crossed. Subject to mandatory law and the stated offer, unused credits are not automatically refunded when you cancel or close an account. Contact us about mistaken charges or any applicable refund entitlement. We will not shorten an already-purchased credit entitlement merely by changing the general pricing page.

7. Customer payments, merchant transfers and fees

Stripe processes supported payments. Depending on the payment configuration and when a payment was created, a customer charge may be made on the platform’s Stripe account and followed by a separate transfer to the merchant’s connected account, or use a destination-charge arrangement. Payments therefore do not invariably go straight to a merchant’s bank account. Operator is not a bank, escrow provider or deposit insurer.

Merchants authorize the payment processing, transfers, reversals and refunds needed to carry out their transactions and applicable cancellation settings. Transfers may deduct the disclosed Operator fee, Stripe processing costs, refunds and amounts properly owed from earlier transactions. Where a plan states that Operator takes no percentage of bookings, that does not waive Stripe fees. We will not impose an undisclosed Operator booking fee.

Stripe may retain processing fees when a customer is refunded. For supported transactions, those unrecovered costs and applicable refund shortfalls may be recorded as amounts owed by the merchant and recovered from subsequent transfers. Merchants remain responsible for their transaction refunds, chargebacks, taxes and processor charges under the applicable agreements, except to the extent the loss is attributable to Operator’s own breach or wrongdoing. An account balance display is not a guarantee of bank availability or a second deduction of a fee already reflected in that balance.

Transfers and bank payouts depend on payment completion, reconciliation, connected-account status, processor requirements and banking schedules. Delays, holds, reversals or failures can occur. Merchants must maintain the required Stripe account and comply with the applicable Stripe Connected Account Agreement. Customer card-issuer dispute rights and mandatory refund rights remain unaffected.

8. Bookings, cancellations and refunds

A booking may require merchant approval, an unexpired slot hold, required information and successful payment. Follow the transaction’s displayed status and confirmation rather than treating a submitted inquiry or a card charge alone as proof that every booking step has completed. Contact the merchant or Operator promptly if payment and booking status appear inconsistent.

Merchants set supported deposit, cancellation and rescheduling rules, subject to law, and must disclose material terms before the customer commits. Depending on those rules and the circumstances, cancellation may return the full deposit, return part of it or retain a permitted cancellation fee. A merchant may also initiate a supported refund. The Service can issue refunds automatically as part of cancellation or payment-recovery workflows; it is not limited to merchant-triggered full refunds.

Where the cancellation flow shows a refund preview, review it before confirming. A validly agreed transaction’s terms and mandatory legal rights prevail over later merchant setting changes that would unlawfully disadvantage the customer. Payment-provider and bank processing can delay a refund, and a failed refund request is not a completed refund. Contact us if an expected refund does not arrive.

A merchant’s non-refundable label does not override mandatory cancellation, non-delivery, misrepresentation or other consumer remedies. Customer account deletion is not a booking cancellation or refund request. Merchant account closure does not discharge outstanding customer obligations.

9. Telephone numbers and messaging

Telephone, SMS and email functions depend on providers, networks, geographic availability and applicable rules. We do not guarantee delivery, uninterrupted call handling, number availability or successful porting. Business numbers may be released after closure, trial expiry or loss of eligibility. Export needed records and contact us before closing if you wish to discuss porting; a released number may be reassigned and cannot be guaranteed on reopening.

Merchants must have the required authority, notices and consent for communications, recording, transcription, AI processing and use of customer information. Respect opt-outs and do not treat a call, inquiry, verification code or acceptance of these Terms as blanket permission for marketing. Do not impersonate another person, spoof caller identity, send spam or use the Service for unlawful automated calling or messaging. Operator is responsible for compliance obligations that apply to Operator; allocating merchant responsibilities does not eliminate those obligations.

Customers may reply STOP to texts from the service or contact support about messaging preferences. Message frequency varies and carrier charges may apply. Calls may be handled by AI and transcribed; saved audio recording is controlled separately. The Privacy Policy explains audio processing, transcripts, summaries and retention. When recording is enabled, the service’s opening notice states that the call is recorded and transcribed to help handle the request. That notice and these Terms do not establish that every required consent has been obtained. Merchants must assess and provide any additional notices, choices or consent required for their use case and the locations of participants, including disclosures about automated interactions where required. If the available features cannot support those requirements, the merchant must not enable the affected use until an appropriate arrangement is in place.

10. Content, data and intellectual property

You retain your rights in content you provide. You grant Operator a non-exclusive license to host, copy, process, transmit, format and display that content only as reasonably necessary to provide, secure and support the Service, carry out your instructions and meet legal obligations. This includes processing by service providers and AI providers for the described features, and public display of content you choose to publish. It does not grant unrestricted rights to sell private customer content or use it in public advertising. Retention after closure is addressed in the Privacy Policy and applicable law.

You must have the rights and permissions needed for submitted content, business listings, images, recordings and imported material. Do not upload confidential third-party information without authority. AI output may be non-unique and may not qualify for exclusive intellectual-property protection; review it before using it.

Operator and its licensors retain rights in the Service’s software, design and other materials apart from your content. We grant you a limited right to use the Service during your authorized access. You may provide voluntary feedback for us to use to improve the Service, but feedback does not transfer rights in your confidential customer information.

11. Acceptable use and information protection

Do not use the Service to break the law, infringe rights, deceive or harass people, distribute malware, bypass access controls, access another account without authority, exploit booking links, interfere with the Service, falsify transactions or manipulate reviews. Do not use automated access except through authorized features or APIs and within their documented limits. Do not attempt to obtain another merchant’s confidential information.

Use only the personal information necessary for a legitimate purpose. Do not submit payment-card secrets, government identification, detailed medical records or other highly sensitive material through ordinary chat or uploads. The Service is not offered as a regulated medical-record system or a substitute for a required data-processing or healthcare agreement. Where your use requires an additional agreement or safeguards, arrange them before that processing begins.

Merchants are responsible for the lawfulness of their customer-data instructions and their independent copies. Operator is responsible for its own processing. These Terms do not replace a data-processing agreement, transfer mechanism or other documentation required by applicable law.

12. Suspension, termination and data access

We may restrict or suspend access when reasonably necessary to address nonpayment, unlawful use, a material breach, security threats, provider requirements or legal obligations. Where practicable and lawful, we will explain the issue and provide a reasonable opportunity to resolve it; urgent action may be necessary to prevent harm. We may discontinue the Service with reasonable notice, subject to law and any applicable order.

You may stop using the Service, cancel renewal or request account closure through the available controls or support. Self-service closure may require paid or unresolved transactions to be completed, cancelled or refunded first. Contact us if a blocker prevents closure or a privacy request. Closing an account disables access, so export needed information first. Merchant accounts have a 30-day reopening window before scheduled profile and selected-content cleanup; reopening does not guarantee recovery of a telephone number or disconnected integrations.

Closure does not automatically erase all information or settle payments. Retention, access requests and deletion are explained in the Privacy Policy. Amounts properly owed, obligations arising from earlier transactions, intellectual-property provisions and provisions intended to survive termination continue to apply. If we permanently discontinue a prepaid service for reasons unrelated to your breach, we will refund the unused prepaid portion for the discontinued service, subject to any greater rights required by law.

13. Availability and warranties

We aim to provide a reliable Service, but maintenance, network failures, integration changes and other interruptions can occur. Except for express commitments in an applicable order and warranties or guarantees required by law, the Service is provided “as is” and “as available”. To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee a particular number of leads, completed bookings, revenue or AI accuracy.

These provisions do not excuse fraud, intentional misconduct or other liability that cannot lawfully be excluded, and do not replace any non-excludable duty to exercise reasonable care and skill.

14. Liability

To the extent permitted by law, neither party is liable to the other for indirect or consequential losses, or lost profits or business opportunities arising from this agreement. For merchants using the Service for business purposes, Operator’s aggregate liability arising out of the Service is limited to the greater of CAD $100 and the Operator service fees the merchant paid or owed for the 12 months before the event giving rise to the claim. Customer payments collected for merchant goods or services are not Operator service fees for this calculation.

The exclusions and cap do not limit liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or any liability that applicable law does not allow to be limited. They do not eliminate an obligation to remit merchant funds, provide a refund already owed, or honor mandatory consumer, privacy or payment rights. Customers using the Service for personal purposes retain the remedies and liability protections required by the law applicable to them.

15. Merchant responsibility for third-party claims

To the extent permitted by law, a merchant must indemnify Operator against reasonable losses and legal costs from third-party claims caused by the merchant’s unlawful services, infringement by its submitted content, or material breach of its obligations concerning customer information or communications. This does not cover loss caused by Operator’s own breach, negligence or wrongdoing, and does not apply to customers using the Service for personal purposes.

We will promptly notify the merchant of a covered claim, allow a reasonable opportunity to participate in the defense and cooperate at the merchant’s expense. Neither party may agree to a settlement imposing an admission or non-monetary obligation on the other without that party’s consent, which must not be unreasonably withheld.

16. Governing law and regional protections

Subject to mandatory local law, these Terms are governed by the laws of British Columbia and the federal laws of Canada applicable there. For merchants contracting for business purposes, the courts of British Columbia have jurisdiction over disputes, except where applicable law requires otherwise.

If you use the Service as a consumer, this choice of law does not deprive you of protections that cannot be excluded under the law of your habitual residence. You may bring claims in, and retain defenses available before, any court or regulator that applicable law entitles you to use. Nothing here requires arbitration, waives a protected class-action right or prevents a privacy or consumer complaint to a regulator. Feature availability and legal requirements may differ by country or region.

You can contact hello@heyoperator.ai to seek an informal resolution, but doing so is not a condition that limits a statutory claim or filing deadline.

17. Changes, notices and general provisions

We will identify updated Terms by date and give advance notice of material changes appropriate to their effect, including any notice or renewed acceptance required by law. Changes do not retroactively alter an agreed transaction or eliminate an accrued claim. If you do not accept a change, you can cancel renewal or stop using the affected Service, subject to existing obligations and applicable refund rights. Merely posting revised Terms does not replace acceptance where the law requires it.

We may send service and legal notices through the account or contact information you provide. Keep that information current. A failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions continue only to the extent permitted by law. These Terms, your accepted order and any applicable signed agreement form the agreement for the Service. A signed agreement controls an express conflict; an accepted order controls the specific pricing, term and features of that order. These Terms otherwise apply. The Privacy Policy explains processing and does not expand a content license or payment authorization. You may not transfer an account or agreement without our consent. We may transfer the agreement in a lawful business reorganization or sale, subject to applicable notice requirements and without reducing your accrued rights.

Questions, billing concerns and legal notices: hello@heyoperator.ai
Privacy matters: privacy@heyoperator.ai