AI Voice Agentby Hisenbug
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Terms of Service

PRE-RELEASE DRAFT FOR LEGAL REVIEW
This document sets forth the terms of service governing access to and use of the Hisenbug voice platform prepared for the commercial pilot release. Subject to qualified legal counsel review.

Effective Date: [To be confirmed upon publication]
Last Updated: September 15, 2026
Contracting Entity: [Hisenbug Legal Entity — to be confirmed] ("Hisenbug", "we", "us", or "our")
Notice Contact: hello@hisenbug.com

1. Agreement to Terms & Commercial Scope

These Terms of Service (these "Terms") constitute a legally binding commercial agreement between the entity or individual identified during account registration ("Customer", "Broker", "you", or "your") and Hisenbug. These Terms govern your access to and use of our website at voice.hisenbug.com, the customer dashboard, telephone answering routing infrastructure, application programming interfaces (APIs), and artificial intelligence voice agent software (collectively, the "Services").

BY COMPLETING ACCOUNT REGISTRATION, ACCESSING THE CUSTOMER PORTAL, ROUTING CALLS TO THE SERVICE, OR CLICKING AN "I AGREE" CHECKBOX, YOU:

  1. Represent that you are a duly licensed real estate professional, brokerage, or commercial entity;
  2. Have the legal authority to bind the Customer to these Terms; and
  3. Agree to be bound by all terms, conditions, and policies set forth herein.

If you do not possess such authority or do not agree to these Terms, you must not access or use the Services.

2. Description of the Services

Hisenbug provides a business-to-business (B2B) Software-as-a-Service (SaaS) platform that automates inbound real estate telephone answering, caller intent screening, property inquiry resolution, showing/consultation scheduling, and customer relationship management (CRM) synchronization using artificial intelligence and synthetic voice synthesis.

Service Tiers & Custom Agreements

These Terms apply to all self-service subscriptions. If you enter into a separate written Order Form, Master Services Agreement (MSA), or Service Level Agreement (SLA) with Hisenbug, the specific commercial terms of that executed Order Form shall supersede any conflicting provisions of these general Terms to the extent of the conflict.

3. Account Eligibility & Responsibilities

  1. Commercial Eligibility: The Services are offered exclusively for commercial business use by licensed real estate brokerages, individual agents, property managers, and authorized personnel. The Services are not available to consumers or persons under eighteen (18) years of age.
  2. Account Credentials & Security: You are responsible for safeguarding your login credentials and authentication sessions. You are fully liable for all activities, call routing, and configuration changes that occur under your account.
  3. Authorized Access: You shall ensure that only authorized administrative personnel access the portal. You agree to notify Hisenbug immediately at hello@hisenbug.com upon discovering any unauthorized account access.

4. Customer Compliance Covenants & Risk Allocations

The Hisenbug platform provides technical configuration controls allowing Customers to customize call handling, spoken greetings, recording activation, and automated disclosures. Because Hisenbug operates strictly as a technical platform provider, Customer assumes full and exclusive legal responsibility for the lawful operation and configuration of its voice agent.

A. Call Recording & Wiretapping Laws

  • Technical Controls: The platform enables the Customer to toggle call recording ON or OFF, and to toggle automated recording disclosures ON or OFF via the portal dashboard.
  • Customer Responsibility: Federal, state, and international wiretapping and eavesdropping statutes (including the US Electronic Communications Privacy Act, state all-party/two-party consent statutes such as California Penal Code § 632, Florida Stat. § 934.03, Illinois 720 ILCS 5/14-1, Massachusetts Gen. Laws ch. 272 § 99, Pennsylvania 18 Pa.C.S. § 5703, and Washington RCW 9.73.030) strictly regulate call recording.
  • Customer Covenant: Customer covenants that it will:
    1. Ascertain the legal requirements of all jurisdictions into or from which it receives calls;
    2. Maintain recording disclosures enabled in all jurisdictions requiring caller notification or consent; and
    3. Obtain all legally required consents prior to recording any telephone conversation.
  • Anti-Deception Guardrail: The platform enforces automated greeting guardrails that prevent configuring custom text claiming a call is unrecorded when recording functionality is active. Customer covenants never to attempt to circumvent or disable these protective guardrails.

B. Artificial Intelligence Transparency & Disclosure

  • Technical Controls: The platform provides a dedicated toggle and structured greeting template that identifies the conversational agent as an artificial intelligence assistant.
  • Customer Covenant: Customer agrees to maintain AI identity disclosure enabled ("You are speaking with an artificial intelligence assistant") wherever required by applicable law, including the California BOT Act (Cal. Bus. & Prof. Code § 17940), the Utah Artificial Intelligence Policy Act, and Article 50 of the European Union Artificial Intelligence Act.
  • Customer covenants never to configure the agent to deceptively impersonate a specific licensed human individual or commit licensing fraud.

C. Telemarketing & Calling Regulations

  • Customer covenants that it will not utilize the Services to engage in unlawful telemarketing, unsolicited robocalling, automated harassment, or telephone sales practices violating the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), the Telemarketing Sales Rule (TSR, 16 C.F.R. Part 310), or national Do Not Call registries.
  • Customer warrants that all inbound telephone numbers routed to Hisenbug are lawfully registered and operated by Customer.

D. Real Estate Professional & Advertising Standards

  • Listing Accuracy: Customer is solely responsible for all property listings, asking prices, descriptions, square footage, and property availability uploaded to or synchronized with the platform.
  • Fair Housing Act Compliance: Customer covenants to operate its voice agent in strict compliance with Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), the Equal Credit Opportunity Act, and all applicable state and local fair housing laws. Customer shall not configure conversational prompts that discriminate against, screen out, or steer prospective buyers or tenants based on race, color, religion, sex, familial status, national origin, or disability.

5. Acceptable Use Policy & Prohibitions

You agree not to use, or encourage or facilitate others to use, the Services to:

  1. Process, transmit, or store Protected Health Information (PHI) subject to the Health Insurance Portability and Accountability Act (HIPAA) or cardholder financial payment data subject to the Payment Card Industry Data Security Standard (PCI DSS);
  2. Simulate emergency services (911/999/112), dispatch emergency assistance, or provide emergency distress advice;
  3. Engage in predatory lending, unauthorized legal or financial advice, deceptive trade practices, or fraudulent real estate transactions;
  4. Reverse engineer, decompile, disassemble, or derive the source code or underlying conversational models of the platform;
  5. Probe, scan, or test the vulnerability of platform systems or attempt to breach security or authentication controls;
  6. Transmit viruses, worms, Trojan horses, or malicious payloads through the platform; or
  7. Resell, white-label, lease, or sub-license the Services to third parties without Hisenbug's express written agreement.

Hisenbug reserves the right to immediately suspend or terminate access to any account violating this Acceptable Use Policy.

6. Intellectual Property Rights & Data Ownership

A. Customer Data Ownership

Customer retains all right, title, and interest (including all intellectual property rights) in and to:

  1. Customer-provided property listings, descriptions, and media;
  2. Customer CRM lead data and contact records; and
  3. Voice audio recordings, conversation transcripts, and caller details generated through Customer's voice agent (collectively, "Customer Data").

B. License to Hisenbug

Customer grants Hisenbug a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, transcribe, evaluate, and display Customer Data solely to the extent necessary to provide, maintain, support, and secure the Services pursuant to these Terms and our Privacy Policy.

C. Hisenbug Intellectual Property

Hisenbug retains all right, title, and interest in and to the Services, portal web applications, backend tool servers, system prompt architectures, conversational evaluation engines, software interfaces, documentation, logos, and trademarks. Except for the limited access rights expressly granted herein, no licenses or rights are granted to Customer by implication or estoppel.

D. AI Model Training Commitment

Hisenbug does not intentionally use Customer Data (including call audio, conversation transcripts, and CRM lead records) to train or fine-tune its own artificial intelligence models.

7. Third-Party Dependencies & Service Disclaimers

A. Upstream Service Dependencies

Customer acknowledges that the Services rely upon third-party cloud infrastructure, telecommunications carriers, and artificial intelligence model providers (including Vapi, Supabase, Vercel, Oracle Cloud Infrastructure, Groq, Deepgram, OpenAI, ElevenLabs, and Vapi downstream telecommunications, carrier, and media infrastructure providers).

B. Outages & AI Output Disclaimers

  1. Telecommunications Disclaimers: Hisenbug is not responsible for dropped calls, carrier routing latency, PSTN outages, or third-party telephony provider downtime.
  2. AI Output & Hallucinations: Artificial intelligence models are probabilistic. While Hisenbug implements prompt safeguards and programmatic price-guard invariants to prevent the AI from negotiating or committing to unverified property prices, Hisenbug does not warrant that AI conversational output, transcriptions, or summaries will be error-free, accurate, or complete. Customer is solely responsible for reviewing and verifying all appointment details and lead summaries before taking commercial action.

8. Third-Party Integrations (Slack)

The platform provides optional integration with third-party services, including Slack:

  • Notification Destination Classification: Slack is a customer-configured external notification destination. The legal classification of that destination may depend on applicable data protection law and the customer's configuration.
  • Outbound Architecture: The Slack integration is strictly outbound via chat.postMessage to dispatch lead notification cards. Hisenbug does not read or ingest Customer Slack channel message history.
  • Customer Workspace Administration: Lead notifications delivered into a Customer's Slack channel reside within the Customer's own Slack tenant. Customer acknowledges that Hisenbug does not possess technical capabilities to remotely delete messages once delivered into Customer's workspace.
  • Revocation: Disconnecting the Slack integration through portal controls initiates credential revocation and removes stored tokens from Hisenbug databases.

9. Subscription Billing, Cancellation & Refunds

  1. Subscription Fees: Access to the Services is provided on a subscription basis. Fees are billed monthly in advance according to the pricing tier selected during registration or set forth in an Order Form.
  2. Cancellation Rights: Customer may cancel its subscription at any time through portal account settings or by notifying Hisenbug at hello@hisenbug.com.
  3. Effective Date of Cancellation: Cancellation takes effect at the end of the current paid monthly billing cycle. Customer shall retain access to the Services through the conclusion of the paid billing period.
  4. Non-Refundable: All fees paid are strictly non-refundable and non-proratable for partial months, unused call volumes, or early account termination, except where otherwise required by applicable statutory law.
  5. Billing Modifications: Hisenbug reserves the right to modify its commercial subscription pricing upon providing at least thirty (30) days' advance notice prior to the start of Customer's next billing cycle.

10. Term, Suspension & Termination

  1. Term: These Terms commence on the date Customer creates an account or first accesses the Services and continue until terminated by either party.
  2. Suspension for Cause: Hisenbug may immediately suspend Customer's access to the Services if:
    • Customer's account fees are delinquent;
    • Customer violates Section 4 (Compliance Covenants) or Section 5 (Acceptable Use Policy); or
    • Hisenbug reasonably believes Customer's use threatens the security, integrity, or availability of the platform.
  3. Termination for Material Breach: Either party may terminate these Terms upon thirty (30) days' written notice if the other party materially breaches these Terms and fails to cure such breach within the 30-day notice period.
  4. Effect of Termination & Data Deletion: Upon termination:
    • Customer's right to access the Services immediately ceases;
    • Following termination, Hisenbug will delete or return Customer Personal Data in active systems within the period specified in the Agreement [COUNSEL TO CONFIRM POST-TERMINATION DELETION PERIOD], subject to applicable law and limited operational records expressly identified in the retention schedule;
    • Call audio recordings are deleted in accordance with the 60-day lifecycle subject to upstream vendor processing;
    • Limited operational telephony ledger records (anonymized duration, timestamps, disposition, and cost metrics) are retained for up to thirty-six (36) months for telecommunications reconciliation, accounting, and legal dispute defense as expressly identified in the retention schedule; and
    • All provisions that by their nature should survive termination shall survive (including Sections 6, 7, 11, 12, 13, and 14).

11. Warranties Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES, PLATFORM, AND ALL DOCUMENTATION ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HISENBUG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

HISENBUG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE AI VOICE AGENT WILL GENERATE FACTUALLY ACCURATE RESPONSES OR SATISFY CUSTOMER'S SPECIFIC REGULATORY OR LEGAL REQUIREMENTS.

12. Limitation of Liability

DRAFTING NOTE FOR COUNSEL:
The aggregate liability cap below reflects approved founder business policy (D.3). Specific statutory carve-outs (e.g., fraud, willful misconduct, confidentiality, IP infringement, customer payment obligations, and indemnification) are subject to counsel review and local law enforceability.

A. Consequential Damages Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CLIENTS, OR LOSS OF BUSINESS REPUTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. Aggregate Monetary Cap

EXCEPT FOR CARVE-OUTS DETERMINED BY APPLICABLE LAW, HISENBUG'S TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO HISENBUG IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. Customer Indemnification

Customer agrees to defend, indemnify, and hold harmless Hisenbug, its founders, officers, directors, employees, and contractors from and against any third-party claims, regulatory enforcement actions, liabilities, damages, fines, statutory penalties, and reasonable legal expenses (including attorney fees) arising out of or related to:

  1. Customer's breach of Section 4 (including failure to maintain lawful call recording disclosures, failure to obtain caller wiretap consent, or TCPA/telemarketing violations);
  2. Customer's breach of Section 5 (Acceptable Use Policy);
  3. Property descriptions, valuations, pricing commitments, or real estate advertising claims uploaded or confirmed by Customer; or
  4. Allegations that Customer's use of the voice agent violated the Fair Housing Act or applicable state real estate licensing regulations.

14. Dispute Resolution & Governing Law

  1. Governing Law: These Terms and any dispute arising out of or related hereto shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule.
  2. Venue & Jurisdiction: Any legal action, suit, or proceeding arising out of or related to these Terms shall be instituted exclusively in the state or federal courts located in the State of Delaware. Customer irrevocably submits to the personal jurisdiction of such courts and waives any objection based on forum non conveniens.
  3. No Mandatory Arbitration: Mandatory arbitration is not required under these Terms; disputes shall be resolved before competent courts in the designated venue.
  4. Statutory Preservation: Nothing in this section shall deprive any party of non-waivable statutory rights under mandatory consumer or commercial protection laws that cannot contractually be excluded.

15. General Provisions

  1. Entire Agreement: These Terms, together with the Privacy Policy, the Data Processing Addendum (DPA), the Subprocessor Disclosure, and any executed Order Form, constitute the entire agreement between the parties with respect to the subject matter hereof.
  2. Order of Precedence: In the event of an express conflict, the order of precedence shall be: (a) an executed custom Order Form; (b) the Data Processing Addendum; (c) these Terms of Service; and (d) the Privacy Policy.
  3. Subprocessor Notice: Hisenbug will provide at least thirty (30) days' advance notice of material additions or replacements to its production Subprocessor list via portal notification or email.
  4. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  5. Notices: Legal notices to Hisenbug must be sent to hello@hisenbug.com. Notices to Customer will be delivered to the administrative email address associated with the Customer portal account.
  6. Force Majeure: Neither party shall be liable for failure or delay in performing its obligations (other than payment obligations) due to events beyond its reasonable control, including acts of God, war, labor disputes, telecommunications carrier outages, utility failures, or government restrictions.

For commercial inquiries or legal notices, contact hello@hisenbug.com.