Terms of Service

3.1 Account Creation: You must provide accurate and complete information including your phone number (for authentication and call identification), optional email address, name, and 6-digit PIN. You are responsible for maintaining the confidentiality of your account credentials and PIN.

3.2 Phone Number Ownership: Your account is tied to your phone number. If you verify a phone number that was previously used by another account, the old account will be archived and a new account will be created for you.

3.3 Eligibility: You must be at least 18 years old to use our services. By creating an account, you represent that you meet this age requirement.

3.4 Account Security: You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized access. After multiple failed PIN attempts, your account may be temporarily locked for security purposes.

4.1 Always-On Recording: BY USING THIS SERVICE, YOU ACKNOWLEDGE AND AGREE THAT ALL CALLS ARE AUTOMATICALLY RECORDED. Recording cannot be disabled. At the start of each call, an automated message will be played to all initial participants notifying them that the call is being recorded. This message serves as notice to comply with federal wiretapping laws and many state recording consent requirements.

4.2 Multi-Party and Two-Party Consent States: You acknowledge that some U.S. states (including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) require all parties to consent to call recording. If you add participants to a call after the initial automated notice, YOU ARE SOLELY RESPONSIBLE for notifying those new participants that the call is being recorded and obtaining their consent where required by law.

4.3 International Calls: Recording laws vary significantly by country. If you use this service for international calls, you are solely responsible for complying with all applicable laws in each jurisdiction involved in the call, including the GDPR in the European Union and similar data protection regulations worldwide.

4.4 Your Responsibility: You are solely responsible for ensuring compliance with all applicable federal, state, local, and international laws regarding call recording. You must ensure that all participants have been properly notified and have consented to recording as required by law.

4.5 Indemnification: You agree to indemnify, defend, and hold harmless Hey Operator from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your failure to obtain proper consent, notify participants, or comply with applicable recording laws.

5.1 Voice Data Processing: Our service processes your voice recordings to provide transcription, speaker identification, and related services. In the future, we may create and store voiceprints (biometric identifiers derived from voice characteristics) for purposes including but not limited to automatic speaker verification and improved user experience.

5.2 Biometric Consent: By using this service, you expressly consent to the collection, use, storage, and retention of voiceprints and other biometric identifiers derived from your voice recordings. This consent includes:

• Collection of voice recordings during calls
• Creation of voiceprints from your voice data
• Storage and retention of voiceprints for up to 60 days after your last call
• Use of voiceprints for authentication, speaker identification, and service improvement

5.3 No Sale or Disclosure: We will not sell, lease, trade, or otherwise profit from your voiceprints or biometric data. We will not disclose your voiceprints to third parties except: (a) as necessary to provide our services; (b) with your explicit consent; (c) as required by law; or (d) to our service providers who are contractually bound to protect your data.

5.4 Retention and Deletion: Voiceprints and biometric data will be retained for a maximum of 60 days from the date of your last call or until you request deletion, whichever is sooner. Upon account deletion or upon your written request, we will permanently delete all voiceprints within 30 days.

5.5 Illinois BIPA Compliance: For users in Illinois and other jurisdictions with biometric privacy laws, this section serves as the required written notice and consent for collection and use of biometric identifiers. You have the right to refuse consent, but doing so will prevent use of our service.

NOT A TELEPHONE REPLACEMENT. Hey Operator IS NOT A TELEPHONE SERVICE and DOES NOT provide access to emergency services such as 911, emergency medical services, fire departments, or police. You CANNOT use this service to make emergency calls. DO NOT rely on this service for any life-threatening or emergency communications.

You agree that: (a) you understand this service cannot be used to contact emergency services; (b) you will not attempt to use this service for emergency communications; and (c) you will maintain alternative means of accessing emergency services. We are not liable for any failure to connect emergency calls or for any consequences resulting from such failure.

8.1 Our Rights: Hey Operator and its licensors own all rights to the service, including all software, designs, trademarks, and content. You may not copy, modify, or reverse engineer any part of our service.

8.2 Your Content: You retain ownership of your call recordings and data. By using our service, you grant us a limited, non-exclusive license to process, store, and analyze your content solely to provide, maintain, improve, secure our services, and comply with law. We do not use your call content to train AI models for other customers or third parties without your explicit consent.

8.3 AI-Generated Content: Transcripts, summaries, and other AI-generated content are provided to you under license. You may use them for your business purposes but acknowledge they are generated using our proprietary systems.

8.4 Feedback: If you provide feedback, suggestions, or ideas about our service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

9.1 Free Tier: Each user receives 10 free minutes of service per month. After exceeding this limit, usage-based charges apply. The free tier is subject to fair use policies and rate limits to prevent abuse.

9.2 Payment Processing: Payments are processed through third-party payment processors. You agree to pay all applicable fees as described in our pricing plans. By providing payment information, you authorize us to charge your payment method.

9.3 Usage-Based Billing: Beyond the free tier, billing is based on minutes of call time used, rounded up to the nearest minute. Subscription fees and usage charges are billed in arrears monthly. Calls interrupted due to service failure, network issues, or errors on our part will not be billed. You authorize us to charge your payment method automatically.

9.4 Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds are provided for partial periods or unused free minutes.

9.5 Price Changes: We may change our fees with 30 days' notice. Materially adverse changes will take effect 30 days after notice. Continued use after changes constitutes acceptance. If you reject the changes, you may stop using the service, and we will pro-rate any prepaid amounts.

17.1 Retention Period: We retain call recordings, transcripts, and associated data for 60 days from the date of the call. After 60 days, data is automatically and permanently deleted unless you have explicitly requested earlier deletion or extended retention.

17.2 User Deletion Rights: You may request deletion of specific calls or all your data at any time by contacting us at privacy@heyoperator.com. We will process deletion requests within 30 days. Note that some data may be retained longer if required by law or for legitimate business purposes (e.g., resolving disputes, enforcing agreements).

17.3 Data Export: Upon request, we will provide you with a copy of your data in a commonly used, machine-readable format within 30 days.

18.1 By You: You may terminate your account at any time through your account settings or by contacting us at support@heyoperator.com.

18.2 By Us: We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion with reasonable notice except in cases of serious violations.

18.3 Effect of Termination: Upon termination, your right to use the service ceases immediately. We will retain your data for 60 days per our retention policy unless you request immediate deletion. You may export your data before termination. The following sections survive termination: Intellectual Property, Biometric Data, Payment obligations, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

19.1 Federal Arbitration Act: This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving interstate commerce.

19.2 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

19.3 Informal Resolution: Before initiating any formal legal proceedings, you agree to first contact us at legal@heyoperator.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for a period of 60 days.

19.4 Binding Arbitration: If the dispute cannot be resolved informally, any claims, disputes, or controversies arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for individual consumers) or Commercial Arbitration Rules (for business users). The arbitration will be conducted in Delaware or remotely via video conference at your option. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

19.5 Small Claims Court: Notwithstanding the arbitration requirement, either party may bring an individual action in small claims court in the jurisdiction where you live if the claim qualifies and remains in small claims court.

19.6 Injunctive Relief: Either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights or unauthorized access to our services without first engaging in arbitration.

19.7 Class Action Waiver: YOU AND HEY OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Hey Operator agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

19.8 Arbitration Costs: For consumers, Hey Operator will pay all AAA filing, administration, and arbitrator fees for claims under $10,000, unless the arbitrator finds the claims frivolous. Each party will be responsible for paying its own attorneys' fees and costs, unless the arbitrator awards fees and costs to the prevailing party as permitted by law.

19.9 Opt-Out Right: You may opt out of the arbitration agreement by sending written notice by certified mail to Hey Operator Legal Department, c/o Bytware, LLC, 131 Continental Drive Suite 305, Newark, DE 19713, within 30 days of first accepting these Terms. Your notice must include your name, address, phone number, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all disputes will be resolved in the courts of Delaware or in small claims court in your jurisdiction.

19.10 Time Limitation: Any claim or cause of action arising from or relating to these Terms or our services must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

19.11 Notice Requirements for Legal Claims: If you intend to pursue legal action or arbitration against Hey Operator, you must first send written notice by certified mail to: Hey Operator Legal Department, c/o Bytware, LLC, 131 Continental Drive Suite 305, Newark, DE 19713. The notice must include: (a) your name and contact information; (b) a detailed description of the dispute; (c) the relief sought; and (d) documentation supporting your claim. We will have 60 days to respond and attempt resolution.

21.1 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

21.2 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hey Operator regarding the subject matter herein and supersede all prior agreements, representations, and understandings.

21.3 No Waiver: Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

21.4 Assignment: You may not assign, transfer, or delegate these Terms or your rights hereunder without our prior written consent. We may assign these Terms at any time without notice, including to affiliates or in connection with a merger, acquisition, or sale of assets.

21.5 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21.6 U.S. Government Users: Our services and documentation are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation." If acquired by or on behalf of a civilian agency, the U.S. Government acquires the services subject to the terms of this agreement as specified in 48 C.F.R. 12.212.