Terms of Service

By accessing or using Hyperion's AI call agent services, website, or any associated applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you (either an individual or a legal entity) and Hyperion Technologies, Inc. ("Hyperion," "we," "us," or "our"). By using our Services, you represent that you are at least 18 years old and have the legal authority to enter into this agreement.

If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such cases, "you" refers to both you individually and the entity you represent.

Hyperion provides AI-powered call agent technology that enables businesses to automate customer communications through intelligent voice interactions. Our Services include, but are not limited to, AI voice agents, call routing, conversation analytics, CRM integrations, and related tools and features.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of our Services without liability. We continuously work to improve our AI technology, and updates may change how our Services function.

Our Services are provided on an "as is" and "as available" basis. While we strive for high availability and accuracy, we do not guarantee that our AI agents will be error-free, that conversations will be handled perfectly, or that our Services will meet all of your specific requirements.

To access certain features of our Services, you must create an account. When you create an account, you agree to provide accurate, current, and complete information and to update this information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

You must notify us immediately if you become aware of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials or from any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms, engaged in fraudulent activity, or posed a risk to Hyperion, our Services, or other users. Upon termination, your right to use our Services will immediately cease.

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not use our Services to engage in any activity that violates applicable laws or regulations, infringes on the rights of others, or is harmful, fraudulent, deceptive, or offensive.

Specifically, you agree not to use our AI call agents to make unsolicited telemarketing calls, engage in harassment or threats, impersonate others, spread misinformation, or conduct any activity that could damage our reputation or the integrity of our Services. You must comply with all applicable telecommunications laws and regulations, including those governing automated calls and consumer protection.

You are solely responsible for the content of conversations conducted through our Services and for ensuring that your use complies with all applicable laws. You agree to indemnify and hold Hyperion harmless from any claims arising from your misuse of our Services or violation of these Terms.

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of Hyperion or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes in accordance with these Terms. This license does not include the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any information or content obtained from our Services.

Our AI models, algorithms, and underlying technology are proprietary trade secrets of Hyperion. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of our Services. Any feedback, suggestions, or ideas you provide about our Services may be used by us without any obligation to compensate you.

To the maximum extent permitted by applicable law, Hyperion and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) our Services.

In no event shall our total liability to you for all claims arising from or relating to these Terms or our Services exceed the amount you paid to Hyperion during the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

You may terminate your account at any time by contacting us or using the account deletion feature in your dashboard. Upon termination, your right to use our Services will immediately cease, and we may delete your account data in accordance with our data retention policies.

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

If your account is terminated due to a breach of these Terms, you may not create a new account without our prior written consent. We reserve the right to refuse service to anyone for any reason at any time.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California.

Any legal action or proceeding arising out of or relating to these Terms or our Services shall be brought exclusively in the state or federal courts located in San Francisco County, California. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you are located outside the United States, you agree that these Terms shall still be governed by California law and that any disputes shall be resolved in California courts, unless otherwise required by mandatory local law.

Before filing a claim against Hyperion, you agree to try to resolve the dispute informally by contacting us at legal@hyperion.ai. We will attempt to resolve the dispute informally within sixty (60) days. If the dispute is not resolved within that time, either party may proceed with formal dispute resolution.

Any dispute arising out of or relating to these Terms or our Services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, and the arbitrator's decision shall be final and binding.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

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

Hyperion Technologies, Inc. Attn: Legal Department 123 Innovation Drive, Suite 400 San Francisco, CA 94105 Email: legal@hyperion.ai Phone: 1-800-HYPERION

We will respond to inquiries within a reasonable timeframe. For urgent matters regarding account security or service disruptions, please contact our support team at support@hyperion.ai or call our 24/7 support line.

These Terms of Service were last updated on the date indicated at the top of this document. We encourage you to review these Terms periodically for any changes.