Terms of Service

These Terms of Service govern your use of the Hey Quad platform ("the Service"), operated by HeyQuad LLC ("we," "us," "HeyQuad"). By creating an account or accepting a quote, you agree to these Terms on behalf of yourself and any organization you represent. If you do not agree, do not use the Service.

When you accept a quote from us, the quote is your order: it states your seats, your agreement length, your monthly price, the phone numbers included, and any add-ons or credits. If a quote and these Terms differ, the quote controls for the items it states.

The Service provides a business phone platform: voice calling, texting, voicemail, call routing, the optional AI receptionist, and related tools. We may add, modify, or remove features over time, but we will not materially degrade core functionality during an active billing period without notice.

Service is available where we have agreed it in your quote; your service address sets your taxes and your 911 location. Your service address is where your phones are used, and you agree to keep it current. Your billing address is used only for mail.

You are responsible for your account. You are responsible for all activity on your account, including activity by your users and by anyone who uses your account's credentials, numbers, or API keys. Keep your credentials secure, and tell us promptly if you believe they have been used without your permission.

You must follow the law. You will use the Service only in compliance with all applicable laws and regulations, including those governing telemarketing, robocalls, caller ID, and text messaging. These include the Telephone Consumer Protection Act (47 U.S.C. § 227) and the FCC's rules under it (47 C.F.R. § 64.1200); the Telemarketing Sales Rule (16 C.F.R. Part 310); the Truth in Caller ID Act (47 U.S.C. § 227(e)); state telemarketing and "mini-TCPA" laws, such as the Florida Telephone Solicitation Act (Fla. Stat. § 501.059); and national, state, and company-specific do-not-call rules. You are responsible for getting any consent those laws require before you call or text someone, for honoring opt-out and do-not-call requests, and for presenting only caller ID you are authorized to use.

Calls and texts you place. For every call, text or message you place or direct through the Service, you promise that:

• you have the consent the law requires from the person you call or text, including prior express written consent where a telephone solicitation is made with an automated system or with an artificial, prerecorded or AI-generated voice;
• you have checked your calling lists against the National Do Not Call Registry and your own do-not-call list, and you honor opt-out requests within ten business days;
• you place telephone solicitations only between 8 a.m. and 8 p.m. in the called person's local time, and you make no more than three solicitation calls to the same person on the same subject in any 24 hours;
• the caller ID you send is for a number you own or are authorized to use; and
• you send business texts only under a registered texting (10DLC) campaign where carriers require one.

You will not, and will not permit anyone to:

• Send unlawful, harassing, or unsolicited messages, including violations of TCPA, CAN-SPAM, or 10DLC carrier policy.
• Originate calls or messages from numbers you are not authorized to use.
• Use the platform to commit fraud, run robocalling schemes, or evade carrier registration requirements.
• Reverse-engineer the platform or attempt to bypass the separation between customer accounts.

Your communications are your responsibility. You will defend, indemnify and hold us harmless from any claim, proceeding, penalty, loss or expense (including reasonable attorneys' fees) arising out of calls, texts or messages you place or direct through the Service, including claims under the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, state do-not-call and telemarketing laws, and state wiretap, recording and privacy laws. This survives the end of your agreement, and the limits in section 11 do not apply to it (section 11(d)).

What we may do. If we suspect that your account is being used for illegal or unwanted calls or messages, if we receive a traceback request or an inquiry from law enforcement or a regulator about your traffic, or if your traffic triggers our abuse controls, we may, with or without notice depending on severity, hold or limit your outbound calling or messaging, block individual calls, suspend your account, or terminate it. We may also suspend or terminate accounts that violate any other rule in this section. We lift a hold or suspension once we are reasonably satisfied the problem is resolved. A hold or suspension never blocks calls to 911.

To report suspected abuse, unwanted robocalls, or spoofed caller ID originating from the platform, email abuse@heyquad.com.

Length. If you accepted a quote for a 12- or 24-month agreement, your agreement runs for that term. The seat price is the same on either length. A quote may instead make your service month-to-month.

Without a quote. If you signed up yourself and have not accepted a quote for a 12- or 24-month agreement, your service is month-to-month, as described below: no seat minimum, no early-termination fee, and nothing to renew.

Renewal. A 12- or 24-month agreement renews automatically for the same length unless you or we give notice before it ends. We will email you a reminder about 30 days before your term ends.

If you tell us not to renew, your service ends on the last day of your term. We will email you about 30, 14 and 3 days before your term ends, each time with a link to renew.

Price lock. Your prices are fixed for your term. A price change applies only from your next renewal, and we will tell you at least 30 days before it takes effect.

Month-to-month. Month-to-month service has no seat minimum and no early-termination fee. You may cancel on 30 days' notice: service ends 30 days after we receive your notice. We bill monthly in advance and do not prorate, so the month in which your service ends is billed in full.

A seat is one person's phone service, on their desk phone, computer and mobile at once.

On a 12- or 24-month agreement, the seats on your accepted quote are your committed seats: each month of your term we bill at least that many seats, or the number you actually use if it is higher. It is a billing minimum, not a limit — you can add or remove seats at any time, and added seats join your current term and are billed from the next invoice. Month-to-month service has no committed seats.

If you end a 12- or 24-month agreement before its term is over, you owe an early-termination fee equal to the monthly seat price times your committed seats, for each month left in the term. The fee covers seats only — not add-ons or usage. We may waive the fee at our discretion.

What you pay. You pay the prices on your accepted quote, or the published rate card for accounts without a quote. Each seat is billed as business phone service and the Hey Quad platform, each at its own monthly price. The communications taxes and 911 fees for your service address are added to the phone service and stated as separate lines. Usage past your pooled allowance, extra numbers and texting registration are billed at the listed rate plus applicable taxes.

Phone numbers. Your quote states how many phone numbers are included with your account; without a quote, your billing page shows how many are. Additional numbers are billed monthly at the listed price.

AI receptionist. AI receptionist tiers are billed monthly in advance, and each includes its own monthly pool of AI minutes; AI minutes past the pool are billed at your tier's overage rate plus applicable taxes. You can move to a higher tier yourself at any time; it applies at once and is billed from your next invoice. Moving to a lower tier is done through us.

Usage. Minutes and texts are pooled across your organization. International calling is off by default and, if you enable it, is billed at one flat per-minute rate. Storage past your account's allowance (for example, call recordings and voicemail) is billed at the rate on our rate card. Calls we place for testing are not billed. We may hold an unusually long call for review before billing it, and we will not bill it until it has been reviewed.

Your first invoice. The seats and add-ons for the month in which your service goes live are not charged; if you go live on the 1st, that whole month is the free one. Your first invoice covers the next full calendar month in advance, plus any usage from your first month (minutes, texts or storage past your allowance).

Complimentary periods. If we give your account a complimentary period with an end date, it becomes paid automatically when it ends, and we will email you 14 and 3 days before. You need a payment method on file by then.

When payment is due. Invoices are issued monthly and are due on receipt; we charge your card or bank account (ACH) on file on the 1st, with no surcharge. There is a 10-day grace period and no late fee. We do not take deposits.

Refunds. We do not give partial refunds. Service runs to the end of the period you have paid for. We may issue a credit to your account at our discretion.

Tax exemption. If your organization is exempt from a tax, send us a current exemption certificate. It exempts only the taxes it lists, from the date we receive it until it expires.

Non-payment. If an invoice is unpaid after the grace period, we may suspend outbound calling. Incoming calls continue to ring, you keep your phone numbers, emergency (911) calling is never blocked, and service is restored automatically once the balance is paid.

Desk phones and other equipment we ship you remain the property of HeyQuad LLC. Porting your existing numbers to us, shipping, and replacement phones are included at no charge. When your service ends, we will send you a prepaid box to return the phones; we do not charge for phones that are not returned.

Your data. "Customer Data" means the call audio, recordings, voicemail, transcripts, messages, contact records, call detail records and other information that you or your users submit to the Service, or that the Service generates for you. As between us, you own your Customer Data.

How we use it. We process Customer Data only to provide, secure, support and bill for the Service and to meet our legal obligations (sections 12 and 18), following your instructions: these Terms and the way you configure the Service. We acquire no right to use Customer Data for our own purposes. Our Privacy Policy describes how we handle personal information.

No AI training. We do not use Customer Data to train, fine-tune, retrain or otherwise improve any machine-learning or artificial-intelligence model, whether ours or anyone else's. This does not cover an AI app that your user connects; its provider's terms govern its use of the data it receives. Where a subprocessor that handles call audio or transcripts offers a setting that turns off data retention or model training, we turn it on.

Operational statistics. We may produce and use aggregated, de-identified statistics about how the Service is used, such as call volumes, latency and error rates. These statistics never identify you, your users or the content of any communication, and they are never derived from call audio or transcript content.

Subprocessors. We use subprocessors to provide the Service. The AI and speech providers that handle call audio and transcripts are listed on our security page, with our main infrastructure and carrier providers. We add an AI or speech provider to that list before it handles your call audio or transcripts.

We work to keep the Service available at all times, but we do not offer a formal service-level agreement. Voice and messaging availability also depends on our carriers and the public telephone network. If an outage affects you, we may credit your account at our discretion.

(a) No warranties. The Service is provided "as is" and "as available." To the maximum extent the law permits, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

(b) No indirect damages. Neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, however caused.

(c) Cap. Each party's total liability arising out of or relating to these Terms or the Service will not exceed the fees you paid or owe us for the twelve months before the event giving rise to the claim.

(d) What the limits do not cover. Sections 11(b) and 11(c) do not limit (1) your obligation to pay the fees and taxes you owe; (2) your responsibility for the communications you place or direct through the Service, including under section 3; (3) either party's liability for gross negligence, willful misconduct or fraud; or (4) any liability the law does not allow to be limited.

(e) Emergency calling. 911 calling over the Service has the limits described in section 16. As provided by Florida Statutes § 365.172(12) and 47 U.S.C. § 615a, and to the maximum extent the law permits, we are not liable for damages resulting from or in connection with 911, E911 or NG911 service, or for identifying or failing to identify the number, address or name associated with a 911 caller, except where we acted with malicious purpose or with wanton and willful disregard of the rights, safety or property of a person. You will indemnify us against third-party claims arising from location information you registered inaccurately or failed to update.

Your agreement ends as described in sections 4 and 6. We may end it immediately for material breach.

While you have service. Call recordings and voicemail, and AI receptionist transcripts with the summaries made from them, are kept for the period you set in your recording settings (at least 7 days; 365 days if you do not set one) and are then deleted automatically. Text messages are kept until you set a period for them. You can delete recordings and voicemail yourself at any time. Email you delete goes to Trash, where you can restore it for the period your workspace sets (30 days unless your administrator changes it, at least 7 and at most 365); it is then deleted automatically, or at once if you empty the Trash or delete it forever. Email marked to keep is not deleted this way. Copies of anything deleted while you have service expire from our database backups within a further 30 days.

When service ends. You may export your data at any time during your service and for 30 days after it ends, after which it may be deleted. Once we delete it, copies in our database backups expire within a further 30 days.

Records we must keep. Some records are kept after your account closes, even if you ask us to delete your data:

• Five years after your account closes: call detail records; the record of calls we refused or held and of the holds themselves; your account's identity and verification records; caller ID authorizations and number port records; your 911 locations and acknowledgements; the per-call record that a recording disclosure was played; and who your users were, with their roles.
• Seven years after your account closes: billing, usage, payment and contract records, the record of which terms you accepted, and your service address.
• Indefinitely: invoices, refunds and tax records, including exemption certificates; opt-out, do-not-call and consent records; the numbers you held and when each was disconnected; and our administrative audit log.

We also keep anything we are required to preserve by law or under a lawful order (section 18). A deletion request does not shorten these periods. Your recordings, messages, transcripts and other content are not part of these records and are deleted as described above.

Your phone numbers. We keep your numbers for 30 days after your service ends and then release them. To keep a number, ask your new provider to port it out within those 30 days.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by applicable federal law. Each of us submits to the exclusive jurisdiction of, and agrees that any such dispute will be brought only in, the state courts located in Pasco County, Florida, or the United States District Court for the Middle District of Florida, Tampa Division, and waives any objection to venue or inconvenient forum in those courts. Either of us may bring an individual claim in small-claims court in Pasco County, and either of us may seek an injunction in any court of competent jurisdiction to protect intellectual property or confidential information or to stop unlawful use of the Service.

We may update these Terms. Material changes will be posted here and emailed to organization administrators at least 30 days before they take effect. A change to your prices applies only at your next renewal (section 4).

Hey Quad Support Texts. When you opt in on heyquad.com or by texting our support line, Hey Quad LLC will send text messages about your support requests, scheduled calls, and account (for example, a completed number port). Message frequency varies with your requests. Message and data rates may apply. Reply HELP for help, or contact support@heyquad.com or (657) 439-7823. Reply STOP to cancel at any time; you will receive one confirmation message and no further texts unless you reply START. Carriers are not liable for delayed or undelivered messages. Consent to receive texts is not a condition of purchase. See our Privacy Policy at https://heyquad.com/privacy.

How 911 works on the Service. The Service is interconnected Voice over Internet Protocol. 911 calling over it differs from traditional telephone service and may not work, or may be limited, if a phone is moved from its registered location, if a phone number is not native to the area where the phone is used, during a power failure or a broadband or internet outage, if equipment fails or is misconfigured, while your account is suspended, or while a new or changed location is being loaded into the emergency location database. A 911 call sends emergency responders the dispatchable location registered for the phone or app that placed it, not the device's actual physical location. Our 911 Service Advisory, which you acknowledge separately, describes these limits in full.

Your locations. You will register an accurate dispatchable location (the street address plus the specific place in the building, such as the floor, suite or room) for every phone, app and user on your account, and update it promptly whenever a phone or user moves. An inaccurate or out-of-date location may send emergency responders to the wrong place.

On-site 911 notification. You will designate, and keep current, at least one notification contact (an email address, a mobile number for text messages, or a webhook) that the Service alerts whenever any of your users dials 911, so that someone at your premises knows help is on the way. Federal law requires this notification for multi-line telephone systems. Your account cannot be activated without one. Each alert says that 911 was dialed and gives the callback number and the location sent to the 911 center. If no contact is enabled, the Service emails the alert to your account's owners and admins instead.

Who does what. We configure the Service so that your users can dial 911 directly, with no prefix or access code; so that each 911 call carries the registered dispatchable location; and so that the on-site notification goes to the contacts you configure, or to your owners and admins when none is enabled. You are responsible for the accuracy of the locations you register, for keeping a notification contact in place, for telling your users about these limits, and for keeping the 911 warning labels we supply on your phones.

Outside calls need a registered location; 911 never does. A phone, extension or number with no registered emergency location cannot place ordinary outside calls until one is assigned to it, directly or as your account's default location. Calls to 911 are never restricted, whether or not a location is registered.

What the Service plays. On a call the AI receptionist can answer, the Service tells the caller, naming your business, that they are speaking with your business's automated AI assistant and that the call is recorded and transcribed. The Service plays a recording disclosure before a call is recorded. You may add your own words before or after these disclosures, but you may not disable, suppress, shorten or talk over them. We may change their wording to reflect legal requirements.

Your responsibilities. You are responsible for deciding what notice and consent the laws that apply to you and to the people on your calls require; for giving any notice and getting any consent beyond the Service's disclosures, including for calls your users place or receive on the Service; and for any use you make of recordings or transcripts. Florida and a number of other states require the consent of every party to a call before it is recorded.

Not legal advice. The Service's disclosures are a compliance control, not legal advice. We do not promise that they satisfy the law of every place a call may come from.

We may be required by law, including the Communications Assistance for Law Enforcement Act (47 U.S.C. § 1001 and following), to assist a law enforcement agency acting under lawful authorization. That can include providing call-identifying information and call content for your service. We comply with lawful authorization, and we do not tell you about it where the law prohibits notice.

Notice to you. If we determine, or have reason to believe, that a breach of security has affected Customer Data containing personal information, we will notify you without unreasonable delay and no later than 10 days afterward. The notice will describe what we know of the incident, the kinds and approximate number of records affected, and what we have done about it.

Who notifies whom. For the personal information of your customers, callers and contacts, you are the owner of the data and we act as your third-party agent (Florida Statutes § 501.171). You decide whether individuals, regulators or consumer reporting agencies must be notified, and you make those notices; we will give you the information you need to do so. For the personal information we hold about you and your users as our own customers, such as logins and billing contacts, we make any required notices ourselves.

Our own notices. Where the law separately requires us, as a telecommunications provider, to notify a regulator or law enforcement, we will do so, and we will tell you when the law allows.

Business Associate Agreement. If you are a covered entity or business associate under HIPAA and we have signed a Business Associate Agreement with you, that agreement governs how we use and disclose protected health information, and it controls if it conflicts with these Terms.

No health information without one. You will not submit protected health information to the Service, or turn on features that would cause the Service to create or receive it, unless a Business Associate Agreement with us is in effect and your account is designated as handling health information. We may decline to activate, or may suspend, features for an account that submits protected health information without one.