1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Heavano, Inc. ("Heavano," "we," "us," or "our") regarding your use of the Heavano voice AI platform, including our APIs, SDKs, dashboards, documentation, and all related products and services (collectively, the "Services").
If you do not agree to these Terms, you may not access or use the Services. Your continued use of the Services following any modification to these Terms constitutes your acceptance of such modifications.
These Terms incorporate by reference our Privacy Policy, our Data Processing Agreement (DPA), and any Order Forms, Statements of Work, or separate enterprise agreements you may have entered into with Heavano.
2. Services
Heavano provides an enterprise voice AI platform that enables customers to build, deploy, and operate AI-powered voice agents for inbound and outbound telephone conversations. The Services include, but are not limited to:
- Voice Agent Infrastructure — low-latency speech recognition (STT), text-to-speech synthesis (TTS), and real-time call orchestration across 42+ languages.
- API & SDKs — programmatic access to all platform capabilities for custom integrations, telephony connectivity, and call-flow automation.
- Voice Library — a curated catalog of natural-sounding voices with regional accents and language support.
- Playground & Dashboard — web interfaces for configuring, testing, and monitoring voice agents.
- Telephony Integrations — connectivity with PSTN, SIP, Twilio, Vonage, Telnyx, Genesys, Five9, and other providers.
- Analytics & Reporting — call metrics, transcripts, intent summaries, and performance dashboards.
Heavano reserves the right to modify, suspend, or discontinue any aspect of the Services at any time. We will provide reasonable advance notice for material changes that affect your production workloads. New features or products may be released subject to additional terms.
Service Levels
Heavano targets a platform uptime SLA of 99.99% for Enterprise plan customers as described in the applicable Order Form. Scheduled maintenance windows, third-party telephony provider outages, and events of Force Majeure are excluded from SLA calculations. Remedies for SLA violations are limited to service credits as set out in your Order Form.
3. Accounts & Access
Account Registration
You must create an account to access the Services. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Accounts may be created using a verified work email address or via supported SSO providers.
Account Security
You are responsible for maintaining the confidentiality of your account credentials, including API keys, access tokens, and passwords. You agree to notify Heavano immediately at security@heavano.com upon learning of any unauthorized access or security breach. Heavano will not be liable for any loss arising from your failure to safeguard credentials.
API Keys
API keys issued by Heavano are for your organization's exclusive use. You may not share, publish, or resell API keys. All API calls made using your keys are your responsibility regardless of who initiates them. Heavano may revoke or rotate keys at any time if we detect misuse or a security risk.
Authorized Users
You may grant access to your Heavano workspace to employees, contractors, and agents acting on your behalf ("Authorized Users"), subject to the seat or user limits in your plan. You are responsible for all actions taken by Authorized Users and for ensuring they comply with these Terms.
4. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. Heavano is designed to power legitimate business voice operations. You are solely responsible for the content, scripts, personas, and use cases you deploy through Heavano agents.
You May Not Use the Services To:
- Deploy voice agents that impersonate government agencies, emergency services, financial regulators, or other entities in a deceptive manner.
- Conduct unauthorized robocalls, spam campaigns, or any communications that violate the TCPA, CAN-SPAM Act, GDPR, or applicable telemarketing laws.
- Harass, threaten, defraud, or deceive call recipients without their prior informed consent.
- Generate, transmit, or store content that is unlawful, defamatory, obscene, or in violation of third-party intellectual property or privacy rights.
- Attempt to reverse-engineer, decompile, or extract model weights, voice embeddings, or proprietary algorithms from the Heavano platform.
- Circumvent rate limits, access controls, authentication, or usage monitoring systems.
- Use the Services in a manner that imposes unreasonable or disproportionate load on Heavano infrastructure.
- Resell or sublicense access to the Heavano APIs to third parties as a standalone product without a separate written reseller agreement.
- Deploy voice agents in life-critical applications — including emergency dispatch, medical diagnosis, or aviation control — without complying with all applicable regulatory requirements and obtaining Heavano's prior written approval.
Call Consent & Disclosure
You are solely responsible for obtaining all legally required consents from call recipients before initiating or receiving calls through Heavano agents. In many jurisdictions, you are required to disclose that the caller or called party is interacting with an AI agent. You must implement any required disclosures and maintain records of consent as mandated by applicable law.
5. API & Integrations
Access to Heavano APIs is granted subject to the rate limits, usage quotas, and technical specifications published in our developer documentation. Heavano may update API versions, deprecate endpoints, or introduce breaking changes with reasonable advance notice, except in cases of emergency security patches.
Third-Party Integrations
The Services may interoperate with third-party telephony providers, CRM systems, calendar platforms, LLM providers, and other services. Heavano is not responsible for the availability, accuracy, or compliance of third-party services. Your use of third-party integrations is subject to the terms and privacy policies of those providers.
Webhooks & Data Transport
If you configure webhooks or data exports, you are responsible for securing the receiving endpoints. Heavano transmits data to your designated endpoints as configured; we are not responsible for data security once it leaves our platform and reaches your systems.
BYO LLM & Custom Models
Where Heavano supports "Bring Your Own LLM" configurations, you are responsible for the outputs, safety, and compliance of the LLM models you integrate. Heavano does not warrant the behavior of third-party or customer-supplied models.
6. Voice & Call Data
The Heavano platform processes voice audio, call transcripts, speaker embeddings, and associated metadata in order to deliver the Services. This section governs your rights and responsibilities with respect to that data.
Your Data Ownership
You retain all right, title, and interest in and to the call audio, transcripts, and customer data processed through your Heavano account ("Customer Data"). Heavano does not sell Customer Data to third parties. We process Customer Data solely to provide and improve the Services, subject to our Privacy Policy and any applicable DPA.
Custom Voice Cloning
If you upload voice audio for custom voice creation, you represent and warrant that you have obtained all necessary rights, consents, and permissions from the individuals whose voice is being cloned. Custom voices are created exclusively for your account and may not be shared outside your organization without Heavano's prior consent.
Call Recording & Transcription
Heavano may generate transcripts and recordings of calls processed through the platform for service delivery, quality assurance, and debugging purposes. You are responsible for complying with all applicable wiretapping, recording consent, and data retention laws in each jurisdiction where your agents operate. You must configure Heavano's data retention settings in accordance with your legal obligations.
PCI & Sensitive Data
Heavano provides configurable PCI redaction functionality to prevent the storage of payment card numbers and other sensitive financial data in transcripts. You are responsible for enabling and properly configuring these controls. Do not transmit unredacted payment card data through Heavano unless you have executed a separate PCI compliance addendum with us.
7. Intellectual Property
Heavano IP
The Services, including all software, models, voice synthesis engines, APIs, dashboards, documentation, trademarks, and branding, are the exclusive property of Heavano or its licensors. Nothing in these Terms grants you any ownership interest in the Services. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely as permitted by these Terms and your subscription plan.
Your IP
You retain all intellectual property rights in the call scripts, agent personas, prompts, workflows, and Customer Data you create or upload. You grant Heavano a limited, non-exclusive license to process, store, and transmit that content solely to provide the Services.
Feedback
If you provide Heavano with suggestions, bug reports, feature requests, or other feedback, you grant Heavano a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including improving the Services, without any obligation to compensate you.
Model Training
Heavano does not use your Customer Data (call audio, transcripts, or customer PII) to train general-purpose AI models without your explicit opt-in consent. Aggregate, de-identified usage telemetry may be used to improve platform reliability and performance.
8. Fees & Payment
Access to the Services is subject to the fees and billing terms set out on our pricing page or in your Order Form. By subscribing to a paid plan, you authorize Heavano to charge your designated payment method on the billing cycle specified.
Usage-Based Billing
Heavano charges primarily per minute of conversation time processed through the platform. Usage is measured from when a call is connected to Heavano infrastructure until the call ends. Partial minutes are rounded up to the nearest second for billing purposes.
Overages
If your usage exceeds the minutes included in your plan, overage charges apply at the per-minute rate published for your plan tier. We will make reasonable efforts to alert you when you approach your included usage limit.
Taxes
All fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, and duties imposed by taxing authorities on the fees, excluding taxes on Heavano's net income.
Disputes & Refunds
If you believe an invoice contains an error, you must notify Heavano within 30 days of the invoice date. Heavano does not provide refunds for fees already paid except as required by applicable law or as expressly agreed in writing.
Non-Payment
Heavano may suspend or terminate access to the Services if fees are not paid within 15 days of the due date. We will attempt to notify you before suspension. Reactivation of suspended accounts may be subject to a reactivation fee.
9. Confidentiality
Each party ("Receiving Party") may receive confidential information from the other party ("Disclosing Party") in connection with the Services. "Confidential Information" includes any non-public information that the Disclosing Party designates as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
The Receiving Party agrees to: (a) hold Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party except Authorized Users with a need to know; (c) not use Confidential Information for any purpose other than exercising rights or fulfilling obligations under these Terms; and (d) protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care.
These confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the Receiving Party gives the Disclosing Party reasonable prior written notice and cooperates in seeking a protective order.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEAVANO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, Heavano does not warrant that: (a) the Services will meet your specific requirements or be error-free; (b) any content generated by AI voice agents will be accurate, complete, or suitable for your intended purpose; (c) the Services will be available without interruption; or (d) security measures will prevent unauthorized access to your data.
AI-generated voice and text outputs are probabilistic and may contain errors, omissions, or inappropriate content. You are responsible for reviewing and validating AI outputs before relying on them in your business operations, customer communications, or regulated workflows.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEAVANO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF HEAVANO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HEAVANO'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO HEAVANO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).
The limitations above apply regardless of the legal theory on which the claim is based. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Heavano and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services in violation of these Terms; (b) your Customer Data, including any claim that your Customer Data infringes or misappropriates any third-party intellectual property or privacy right; (c) your voice agents' content or conduct; (d) your failure to obtain legally required consents from call recipients; or (e) your violation of any applicable law or regulation.
Heavano reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Heavano's defense of such claims.
13. Termination
Termination by You
You may terminate your Heavano account at any time by following the account cancellation process in your dashboard or by contacting support@heavano.com. Termination does not entitle you to a refund of any prepaid fees.
Termination by Heavano
Heavano may suspend or terminate your access to the Services immediately and without notice if: (a) you breach any provision of these Terms and fail to cure such breach within 10 days of written notice; (b) you engage in activity that poses a security risk to Heavano or other customers; (c) your account is subject to legal process or regulatory action; or (d) you fail to pay undisputed fees when due.
Effect of Termination
Upon termination: (a) all licenses granted to you under these Terms immediately cease; (b) you must stop all use of the Services and delete any Heavano SDKs or local copies of our software; (c) Heavano will delete or return your Customer Data in accordance with our data retention policy, unless retention is required by law. Sections 6 (Voice & Call Data), 7 (IP), 9 (Confidentiality), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law) survive termination.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. You and Heavano agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes arising under these Terms.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.
Class Action Waiver: To the extent permitted by law, you waive any right to bring claims as a plaintiff or class member in any purported class action, collective action, or representative proceeding.
15. Changes to Terms
Heavano may update these Terms from time to time. When we make material changes, we will notify you via email (to the address associated with your account) and/or by displaying a prominent notice in the dashboard at least 30 days before the changes take effect. For non-material updates (such as clarifications or corrections), we will update the "Last updated" date above.
Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Services and terminate your account before the effective date.
16. Contact
If you have any questions about these Terms of Service, please contact Heavano at:
You may also reach us by mail at: Heavano, Inc., c/o Legal Department, [Address], Wilmington, Delaware, United States.