Terms & Conditions

Effective Date: June 1st, 2024

These Terms & Conditions (“Terms”) govern your use of the website hexcode.ai (the “Site”) and the services provided by Hexcode AI, LLC (“we,” “us,” or “our”). By using our Site and services, you agree to comply with and be bound by these Terms.

1. Use of Our Services

Hexcode AI, LLC provides AI-powered sales services, including appointment setting and customer outreach, subject to the following conditions:

• You must ensure that your contacts have either provided express written consent to be called or have an established business relationship with you. This includes customers who have made a purchase or transaction within the last 18 months or who have inquired about your services in the last 3 months. We do not permit calls to contacts who have not given prior consent or expressed interest, or calls that violate applicable telemarketing laws, including FTC rules and the Do Not Call Registry.
• You are solely responsible for the accuracy and legality of the contact lists and campaign data you provide to us. Hexcode AI, LLC is not responsible for any non-compliance with telemarketing laws or regulations resulting from the contact data or instructions you provide.

2. User Accounts

To access certain features of our services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account and password, and you agree to notify us of any unauthorized access or breach of security.

3. Service Availability

We strive to keep our services available at all times, but we do not guarantee uninterrupted access. There may be occasional disruptions for maintenance, upgrades, or unforeseen circumstances.

4. Payment Terms

By using our services, you agree to pay the fees specified for the selected services. Fees may vary based on usage, and all payments must be made in accordance with the billing terms provided at the time of purchase.

5. Prohibited Activities

You may not:

• Use our services for any illegal or unauthorized purpose, including, but not limited to, violations of telemarketing laws and regulations.
• Provide false or misleading information, or use the service in a manner that violates telemarketing laws, including contacting individuals without their prior consent or permission where required by law.
• Attempt to reverse-engineer, tamper with, or hack any part of the Hexcode system or its underlying technology.
• Use our services to send spam or unsolicited communications in violation of anti-spam regulations, including the CAN-SPAM Act or similar laws.

6. Termination of Services

We reserve the right to terminate or suspend your account or access to our services at our discretion, without notice, if we believe you are in violation of these Terms.

7. Data and Privacy

Our use of any data you provide, including Personal Identifiable Information (PII) and contact data, is governed by our Privacy Policy. By using our services, you consent to our collection and use of your data in accordance with this policy.

You are responsible for ensuring that any data you provide to us, including contact lists and personal information, complies with applicable data protection laws, including, but not limited to, the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), or any other relevant privacy regulations.

8. Limitation of Liability

Hexcode AI, LLC is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services. Our total liability in any matter related to the use of our services is limited to the amount you paid for the service.

Hexcode AI, LLC is also not liable for any actions, errors, or omissions of third-party service providers that we use to deliver our services, including, but not limited to, telecommunications providers, cloud hosting providers, and data storage providers.

9. Indemnification

You agree to indemnify, defend, and hold harmless Hexcode AI, LLC and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms or applicable laws and regulations, including telemarketing and data privacy laws.
• Your provision of inaccurate, non-compliant, or unlawful contact lists or campaign data.
• Your use of our services in a manner that violates any applicable law, including the Telephone Consumer Protection Act (TCPA), Federal Trade Commission (FTC) regulations, or Do Not Call Registry rules.

10. Demo Call Feature

By providing your phone number through the demo request form on our website, you expressly consent to receive a one-time automated call from Hexcode AI, LLC for the purpose of demonstrating our services. This call will be generated by our AI-powered system and is intended solely for demo purposes.

By providing your phone number or email address for the demo, you also consent to receive follow-up communications from Hexcode AI, LLC regarding our services. These communications may include phone calls, SMS, or emails to provide more information about our offerings. If you wish to stop receiving further communications, you may opt-out at any time by following the instructions provided or by contacting us at support@hexcode.ai.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles.

12. Changes to Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated effective date. By continuing to use our services, you agree to the revised Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Hexcode AI, LLC
Email: support@hexcode.ai
Phone: (213) 205-0656