Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") govern your access to and use of the hotelagentai.com website (the "Site") and, unless superseded by a signed agreement, the AI voice agent services offered under the HotelAgent AI brand (the "Services"). The Site and Services are operated by HummingAgent ("HummingAgent," "we," "us," or "our"). By using the Site or Services, you agree to these Terms. If you are using the Site or Services on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business.

2. The Services

HotelAgent AI provides AI-powered telephone answering for hotels and hospitality businesses, including handling front desk overflow, answering booking and property questions from client-approved information, taking guest requests and messages, and routing calls to client staff according to rules the client defines. The Services support booking workflows through routing and message-taking; they do not directly modify third-party property management or booking systems. Specific features, coverage hours, and configurations are agreed with each client during onboarding and in the applicable service agreement or order form. If these Terms conflict with a signed service agreement, the signed agreement controls.

3. Client Responsibilities

As a client of the Services, you agree to:

• Provide accurate, current information about your property, policies, rates, and availability, and update it promptly when it changes, since the agent answers callers based on what you provide;
• Ensure that your use of the Services complies with all laws that apply to you and your callers, including laws governing call recording, consent, telemarketing, consumer protection, and hospitality operations in your jurisdiction;
• Cooperate with the disclosure practices built into the Services, including informing callers that they are speaking with an AI assistant and, where applicable, that calls may be recorded;
• Maintain appropriate staff escalation contacts so that calls the agent routes to your team reach a responsible person; and
• Not use the Services for emergency dispatch, medical guidance, legal advice, or any purpose for which a fully reliable human response is required.

4. Acceptable Use

You agree not to:

• Use the Site or Services in violation of any law or regulation;
• Attempt to gain unauthorized access to the Services, other clients' data, or our systems;
• Interfere with or disrupt the Services, including by overloading, probing, or reverse engineering them;
• Use the Services to transmit unlawful, deceptive, defamatory, or harassing content, or to impersonate any person or entity; or
• Resell or white-label the Services without our prior written consent.

5. AI-Generated Conversations

The Services use artificial intelligence to conduct natural language conversations. AI systems can occasionally misunderstand a request or provide an imperfect response, which is why the Services are designed to disclose their AI nature to callers, to answer only from client-approved information, and to route complex, sensitive, or uncertain matters to human staff. You acknowledge that AI-handled conversations are not error-free and agree to configure escalation rules appropriate to your operations.

6. Fees and Payment

Fees for the Services are set out in your service agreement or order form and are scoped to your property's needs. Unless otherwise agreed in writing, fees are due as invoiced, are stated exclusive of taxes, and are non-refundable once the relevant service period has begun. We may suspend Services for accounts with overdue balances after reasonable notice.

7. Intellectual Property

The Site, the Services, and all associated software, models, designs, and content (excluding your materials) are owned by HummingAgent or its licensors and are protected by intellectual property laws. We grant clients a limited, non-exclusive, non-transferable right to use the Services during the term of their agreement. You retain ownership of the information and materials you provide to us, and you grant us a license to use them solely to deliver and improve the Services for you.

8. Confidentiality and Data

Each party agrees to protect the other's non-public information with reasonable care and to use it only as needed to perform under these Terms. Our collection and handling of personal information, including call recordings and transcripts, is described in our Privacy Policy, which is incorporated into these Terms.

9. Disclaimers

Except as expressly stated in a signed service agreement, the Site and Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that every call will be handled perfectly. Telephone networks, carriers, and third-party infrastructure are outside our control.

10. Limitation of Liability

To the maximum extent permitted by law, HummingAgent will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost business opportunities, arising out of or relating to the Site or Services, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid us for the Services in the twelve months preceding the event giving rise to the claim, or one hundred U.S. dollars if you have paid nothing.

11. Indemnification

You agree to defend, indemnify, and hold harmless HummingAgent and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your violation of applicable law (including call recording and consent laws), or the information and instructions you provide for the operation of the Services.

12. Term, Suspension, and Termination

These Terms apply while you use the Site or Services. Either party may terminate a service engagement as described in the applicable service agreement. We may suspend or terminate access to the Site or Services for material breach of these Terms, unlawful use, or risk to the integrity or security of the Services, with notice where practicable. Upon termination, provisions that by their nature should survive (including intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification) will survive.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The parties will first attempt in good faith to resolve any dispute informally by contacting each other. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Delaware, and each party consents to their jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the effective date above and post the updated Terms on this page. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms. Material changes affecting active clients will be communicated directly.

15. Contact

Questions about these Terms can be sent to hello@hummingagent.ai.