Terms of Service

These Terms of Service ("Terms") form a binding contract. If you do not agree, you must not access the Service. Capitalised terms used below have the meanings in Section 2.

• “Service” or “Hi, Mexa” means the web application, APIs, dashboards, and related features operated by HIMEXA for AI-assisted telephony and conversation intelligence.
• “Customer Data” means data submitted to or generated in the Service for Customer, including phone numbers, business profiles, prompts, voice selections, call metadata, transcripts, conversation intelligence fields, contacts, uploaded files, calendar-linked scheduling data, and user account records.
• “End Caller” means a natural person who interacts with Customer’s configured phone numbers or AI agents.
• “Workspace” means Customer’s tenant environment within Hi, Mexa, including users, roles, numbers, and configurations.
• “Integrations” means third-party services connected to the Service (including telephony carriers, speech/TTS providers, identity providers, and calendars).

Hi, Mexa is a business software platform that enables Customer to operate AI voice agents on telephony channels and to analyse conversations. Depending on entitlements and configuration, the Service may include the modules listed in Section 5.

The Service is provided as a hosted application. Features may depend on Customer’s plan, administrator settings, and the availability of Integrations Customer elects to use.

1. You must be able to form a binding contract and use the Service only for lawful business purposes.
2. Access may require an invitation, role assignment (including admin), or approval by Customer’s administrators.
3. Authentication may use email/password and/or Google OAuth, and may require multi-factor authentication (MFA). Challenge tokens used during MFA are temporary and session-bound.
4. You must keep credentials confidential, protect devices used to access the dashboard, and promptly notify HIMEXA of suspected unauthorised access.
5. Customer is responsible for all activity under its Workspace, including actions by invited users.

Subject to access rights, Hi, Mexa may expose:

• Dashboard — operational overview of calls, capacity, and activity
• AI Agents / Voice settings — browse and (for admins) manage provider voices (e.g. Twilio, Telnyx), locales (e.g. en-AU, en-US, hi-IN, ne-NP), and related TTS/STT parameters
• Live Calls & transcripts — view active/completed calls, transcripts, and exports
• Conversations — search by intent, sentiment, outcome, topic, customer, and related intelligence fields
• Callbacks & calendar — schedule callbacks; optional Microsoft calendar OAuth where configured
• Contacts / Numbers — manage phone numbers and open per-number Setting Configuration (greeting, language, voice, consent flow, business profile, data capture, lead tagging, urgency/transfer logic, summary preferences, uploaded knowledge files)
• Knowledge Gaps & Analytics — gap detection, predictive alerts, and related analytics views
• Users (admin) — create and manage user access and roles
• Settings & contact submissions — workspace settings and inbound public contact form review (where enabled)

Certain routes and mutations are restricted to administrators. Attempting to access restricted APIs may result in an access-denied response without granting elevated privileges.

As between the parties, Customer retains ownership of Customer Data. Customer grants HIMEXA a limited licence to host, process, transmit, display, and create derived operational outputs (such as intent or sentiment labels) solely to provide and secure the Service.

Customer responsibilities

• Ensure greetings, consent prompts, and consent-flow toggles comply with recording and AI-disclosure laws applicable to End Callers in each jurisdiction Customer serves
• Only upload files and prompts Customer has rights to use
• Configure lead-tagging and transfer numbers accurately and lawfully
• Not instruct the Service to collect sensitive categories of data unless Customer has a lawful basis and appropriate safeguards

Voice synthesis and recognition may use providers and models configured in Voice settings (for example ElevenLabs TTS parameters, Deepgram or other transcription providers, interruptibility, and language keys). Carrier connectivity may use Twilio, Telnyx, or other providers Customer selects.

• AI speech, transcripts, summaries, intent, sentiment, outcome, health scores, coaching hints, knowledge-gap suggestions, and similar outputs are probabilistic and may be wrong or incomplete
• Customer must not rely solely on AI outputs for regulated, medical, legal, credit, or safety-critical decisions
• Customer remains the party of record toward End Callers for calls placed or received via Customer’s numbers
• HIMEXA does not guarantee continuous availability of any specific voice ID, model, locale, or carrier feature

Customer shall not, and shall not permit users to:

• Place or facilitate unlawful, deceptive, harassing, or abusive calls or messages
• Violate telemarketing, Do-Not-Call, anti-spam, or consent-to-record rules
• Bypass authentication, roles, rate limits, or security controls
• Probe, scrape, reverse engineer, or overload the Service
• Upload malware or content that infringes third-party rights
• Misrepresent affiliation in agent prompts or public contact submissions
• Resell the Service except under a separate written agreement with HIMEXA

Integrations (including Google identity, Microsoft calendar, Twilio, Telnyx, speech vendors, hosting, and analytics relays) are subject to their own terms. Outages, pricing, or policy changes by Integrations are outside HIMEXA’s control. Customer authorises HIMEXA to exchange data with Integrations as required to operate features Customer enables.

HIMEXA and its licensors own the Service, software, documentation, and Hi, Mexa / HIMEXA brands. No rights are granted except as expressly stated. Feedback may be used by HIMEXA without restriction or compensation.

Each party will protect the other’s non-public information with reasonable care and use it only for purposes related to the Service, except where disclosure is required by law or the information is or becomes public through no fault of the receiving party.

Subscription fees, seats, and pass-through usage (telephony minutes, TTS/STT, messaging, or similar) will be as stated in an order form, invoice, or in-product notice. Unless stated otherwise, fees are non-refundable. Customer is responsible for taxes. Non-payment may result in suspension.

HIMEXA may modify features, perform maintenance, or suspend access for security or operational reasons. We may update these Terms by posting a revised version with a new effective date; continued use after that date constitutes acceptance except where mandatory law requires additional consent.

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. HIMEXA does not warrant that transcripts, AI outputs, or Integrations will be accurate, uninterrupted, or error-free.

To the maximum extent permitted by law, HIMEXA and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, goodwill, or data.

HIMEXA’s aggregate liability arising out of or relating to the Service will not exceed the amounts Customer paid to HIMEXA for the Service in the twelve (12) months preceding the claim (or, if none, one hundred US dollars or local equivalent).

Customer will defend and indemnify HIMEXA against claims arising from Customer Data, End Caller interactions, agent configurations, or Customer’s violation of law or these Terms, except to the extent caused by HIMEXA’s wilful misconduct.

Customer may stop using the Service at any time. HIMEXA may suspend or terminate access for breach, security risk, non-payment, or prolonged inactivity. Upon termination, access rights end. Survival clauses include Sections 6, 10–16, and 18–20.

These Terms are governed by the laws applicable to HIMEXA TECH’s place of establishment, without regard to conflict-of-law rules, except where mandatory local consumer law applies. Exclusive jurisdiction lies with the courts of that venue, subject to such mandatory rights.

• If any provision is unenforceable, the remainder remains in effect
• Failure to enforce a provision is not a waiver
• Customer may not assign these Terms without HIMEXA’s prior written consent; HIMEXA may assign to an affiliate or successor
• These Terms, the Privacy Policy, and any order form are the entire agreement regarding the Service

Legal or contractual notices regarding these Terms may be sent via the contact form or through himexa.tech. Operational security notices may also be delivered in-product or by email associated with Customer’s Workspace.