Terms of Service
These Terms govern your subscription to and use of the YieldHQ AI agent service. By subscribing to or using the Service, you agree to them. Please read them together with our Privacy Policy.
01Who we are and what these Terms cover
These Terms of Service ("Terms") are a binding agreement between YieldHQ LLC ("YieldHQ," "we," "us") and the individual or business that subscribes to our service ("you," "your," or "Customer"). They cover your access to and use of the YieldHQ AI agent platform, including any chat agents, voice agents, integrations, and related services we provide (together, the "Service").
02What the Service is
YieldHQ provides AI-powered agents that can answer questions, capture leads, and schedule appointments across channels such as a website, phone, and messaging apps, based on information you provide. The Service uses artificial intelligence, including large language models, to generate responses. It is built on and delivered through third-party technology providers, and its availability and behavior depend in part on those providers.
03How the AI works, and its limits
You should read this section carefully, because it describes how the AI behaves and what it cannot do.
- AI output is generated, not looked up. The agent produces responses using probabilistic models. The same question can produce different answers. Responses can be inaccurate, incomplete, outdated, or wrong, even when they sound confident. This is a known characteristic of all generative AI, not a defect in the Service.
- The agent only knows what you give it. Its answers come from the information, prices, policies, and instructions you load into it. If that information is wrong, missing, or out of date, the agent's answers will be too. Keeping your agent's information accurate is your responsibility.
- You must review and verify. You are responsible for reviewing the agent's behavior and for any action taken in reliance on its output. Do not rely on the agent for anything requiring professional judgment without independent verification.
- Not professional advice. The agent does not provide medical, dental, legal, financial, tax, or other professional advice, and nothing it outputs should be treated as such. You are responsible for ensuring the agent is not used to give advice it is not qualified to give, and for any regulated activity in your industry.
- Not HIPAA compliant, no PHI. The Services are not a HIPAA-compliant service, and YieldHQ is not your HIPAA business associate. The agent is configured for scheduling and general information only. You agree not to use the Services to collect, transmit, store, or process Protected Health Information (PHI), such as symptoms, conditions, diagnoses, treatments, medications, or insurance details tied to an identifiable person, and not to configure or direct the agent to solicit or handle PHI. YieldHQ does not offer or sign a Business Associate Agreement for the Services as currently provided. You are solely responsible for your own compliance with HIPAA and other health-privacy laws, and you indemnify YieldHQ against any PHI transmitted through the Services in violation of these Terms.
- AI disclosure and call recording. You agree to allow the agent to identify itself as an automated or AI assistant where required, and not to present it as human. If voice features record or transcribe calls, you are responsible for providing any legally required notice and obtaining any legally required consent from callers under applicable state law. If you use the Services for outbound calls or messages, you are responsible for compliance with the Telephone Consumer Protection Act (TCPA) and related consent rules.
- Human handoff. The Service is designed to support your team, not replace human judgment. You are responsible for providing a way for your customers to reach a human when needed.
04Your responsibilities
You are responsible for how you configure and use the Service. You agree that:
- You will provide accurate information for your agent and keep it current.
- You will comply with all laws that apply to your business and your use of the Service, including laws on privacy, consumer protection, telemarketing, text messaging, call recording, and AI disclosure. Some jurisdictions require that people be told when they are interacting with an AI. Making any required disclosure is your responsibility.
- You will obtain any consents you need from your own customers before their information is collected or processed through the Service, and before any call is recorded or any message is sent.
- You will not use the Service for anything unlawful, deceptive, harmful, or abusive, and you will not use it to generate content that is fraudulent, defamatory, discriminatory, or that impersonates another person.
- You will not attempt to reverse engineer, copy, resell, or build a competing product from the Service, and you will not attempt to extract the underlying models or their training data.
- You are responsible for the acts of anyone you allow to use or configure your account.
05Third-party platforms and availability
The Service is built on and delivered through third-party providers, including the platform we license and the AI model providers behind the agents. We do not control those providers. Their outages, changes, price changes, model updates, or policy changes can affect or interrupt the Service, and some features, such as connecting a phone number or a messaging channel, depend on providers like carriers and integration services. We will make reasonable efforts to keep the Service running, but we do not guarantee that any third-party dependency will remain available or unchanged.
06Service availability
The Service is provided on an "as available" basis. We do not guarantee any specific level of uptime, and we do not promise that the Service will be uninterrupted, timely, secure, or error-free. The Service may be unavailable during maintenance, updates, outages, or events outside our control, including failures of the third-party providers described above. We are not liable for any loss you attribute to the Service being unavailable, delayed, or degraded.
07Fees, billing, and renewal
- Subscription. The Service is billed on the plan and cycle you select, monthly or annual, at the price shown when you subscribe. Fees are charged in advance and are stated in US dollars.
- Optional setup. Setup and onboarding are offered separately and are optional. Setup fees are one time and are separate from your subscription. Setup may be performed either by YieldHQ or by an independent authorized partner. Where an independent partner performs your setup, they bill you directly under their own separate agreement with you, YieldHQ is not a party to that arrangement, and YieldHQ is not responsible for that partner's fees, work, or refunds. Setup performed by YieldHQ is billed by YieldHQ and governed by these Terms.
- Automatic renewal. Your subscription renews automatically for the same cycle at the then-current price unless you cancel before the renewal date. You may cancel at any time directly from your account dashboard, and cancellation takes effect at the end of your current paid period. Where required by law, we will send you a renewal reminder before an annual subscription renews.
- Usage and add-ons. Some features, such as additional agents, message or call volume beyond your plan, or added integrations, may carry additional charges disclosed to you.
- No refunds. Except where required by law, fees already paid are non-refundable, including for periods where you did not use the Service or where the Service was unavailable. Taxes are your responsibility.
- Price changes. We may change prices with reasonable advance notice. Changes take effect on your next renewal.
08Your data
- You own your data. The information you and your customers put into the Service remains yours. You grant us the limited right to process it in order to provide the Service.
- Outputs. As between you and us, the responses the agent generates for you are yours to use for your business.
- How we use data. We use your data to operate and support the Service. We do not sell your data. Your data is processed by the third-party providers that power the Service, subject to their terms.
- Your customers' personal information. You are the party that decides what information is collected from your customers and why. You are responsible for having a lawful basis and any required privacy notices and consents. If you are subject to privacy laws such as GDPR or a US state privacy law and need a data processing agreement, contact us.
- Security. We take reasonable measures to protect data, but no system is perfectly secure, and we cannot guarantee absolute security.
09AI-specific acceptable use
In addition to Section 4, you may not use the Service to build deepfakes or impersonations, to run automated decisions that materially affect a person, such as hiring, lending, housing, or insurance decisions, without meaningful human review, to develop a competing AI model, or to attempt prompt injection, jailbreaking, or extraction of the underlying models. We may suspend the Service to investigate suspected violations.
10Disclaimer of warranties
11Limitation of liability
12Indemnification
You agree to defend, indemnify, and hold harmless YieldHQ and its members, officers, and contractors from any claims, damages, losses, and costs, including reasonable attorneys' fees, arising out of or relating to: your use of the Service; the information you put into your agent; your customers or the way the agent interacts with them; your violation of any law, including privacy, messaging, recording, and AI-disclosure laws; or your breach of these Terms.
13Suspension and termination
You may cancel at any time, effective at the end of your paid period. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that creates risk or harm, or if a third-party provider requires it. On termination, your right to use the Service ends. Fees already paid are not refunded except where required by law. Sections that by their nature should survive, including Sections 3, 8, 10, 11, 12, and 14, survive termination.
14Governing law and disputes
These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles. Any dispute will be brought exclusively in the state or federal courts located in Denver County, Colorado, and you consent to their jurisdiction. To the extent permitted by law, each party waives any right to a jury trial and agrees that claims may be brought only in an individual capacity, not as part of a class or representative action. Any claim must be brought within one (1) year after it arises.
15Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will provide reasonable notice, for example by email or through the Service. Changes take effect going forward. Your continued use after the effective date means you accept the updated Terms.
16General
- Entire agreement. These Terms are the entire agreement between you and YieldHQ regarding the Service and replace any prior understanding on this subject.
- Severability. If any provision is unenforceable, the rest remain in effect and the provision is enforced to the maximum extent permitted.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including third-party provider failures, outages, and acts of God.
These Terms are provided in plain language and are not legal advice. Questions: support@yieldhq.ai