Terms of Service

Please read these Terms of Service ("Terms") carefully before using any services provided by NeuralHyve, Inc. ("NeuralHyve," "we," "our," or "us"). By accessing or using our platform, APIs, AI agents, or any related services (collectively, the "Services"), you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, signing an order form, or otherwise accessing the Services, you ("Customer" or "you") agree to these Terms on behalf of yourself and any organization you represent. If you do not agree, do not use the Services.

These Terms constitute a legally binding agreement between you and NeuralHyve. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Description of Services

NeuralHyve provides AI-powered lead qualification and automation software, including:

• Autonomous AI agents trained on your business data to capture and qualify inbound leads via voice, SMS, chat, email, and web forms.
• Lead scoring and ICP matching against your defined ideal customer profile.
• CRM integrations, calendar booking automation, and pipeline reporting.
• Observability dashboards, conversation replays, and analytics tools.

We may update, modify, or discontinue features of the Services at any time with reasonable notice.

3. Eligibility

The Services are intended solely for use by businesses and their authorized employees. You must be at least 18 years old and have the legal authority to enter into contracts to use our Services. The Services are not intended for individual consumers.

4. Account Registration & Security

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at adam@neuralhyve.com if you suspect unauthorized access.

You may not share account credentials with individuals outside your organization or create accounts on behalf of others without authorization.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services to harass, deceive, defraud, or harm any person.
• Transmit unsolicited commercial messages (spam) or engage in any marketing practice that violates applicable law, including the CAN-SPAM Act, TCPA, or GDPR.
• Attempt to reverse-engineer, decompile, or extract source code from our software or AI models.
• Use the Services to build a competing product or service.
• Interfere with or disrupt the integrity or performance of the Services or third-party systems connected through integrations.
• Upload or transmit malicious code, viruses, or any content that is unlawful, defamatory, or infringes on intellectual property rights.
• Circumvent any authentication, rate-limiting, or access control mechanisms.

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated this section.

6. AI Agent Conduct & Limitations

Our AI agents are trained on data you provide and are designed to operate within the parameters you define. You acknowledge and agree that:

• You are responsible for ensuring that your AI agents' communications with leads comply with all applicable laws, including telemarketing, consent, and data protection regulations.
• AI outputs are not guaranteed. While we strive for accuracy, AI agents may occasionally produce incorrect, incomplete, or unexpected responses. You should maintain human oversight for high-stakes decisions.
• Training data. You represent that any data you provide to train or configure AI agents is owned by you or that you have the necessary rights to use it, and that it does not violate any third-party rights.
• Disclosure. You agree to comply with any jurisdiction-specific requirements to disclose that leads are interacting with an automated AI system where required by law.

7. Data & Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• Your business data and lead data remain yours. We process it only to deliver the Services.
• We do not sell your data or use it to train models for other customers.
• We maintain SOC 2 Type II compliance and support GDPR and HIPAA-ready deployment configurations.
• Data processing agreements (DPAs) are available upon request for customers subject to GDPR.

8. Payment Terms

Pricing is based on your lead volume tier as specified in your Order Form. Unless otherwise agreed:

• Subscription fees are billed monthly in advance.
• Implementation fees are due upon execution of the Order Form.
• All fees are non-refundable except as expressly stated in your Order Form or required by law.
• We reserve the right to suspend Services for accounts with outstanding balances exceeding 60 days.

All prices are in USD and exclusive of applicable taxes. You are responsible for all applicable taxes, duties, and levies.

9. Intellectual Property

NeuralHyve IP. All rights, title including software, AI models, algorithms, interfaces, and documentation, are and remain the exclusive property of NeuralHyve and its licensors.

Your IP. You retain all ownership of your data, content, and materials that you upload or input into the Services. By using the Services, you grant NeuralHyve a limited, non-exclusive license to process your data solely to deliver the Services.

Feedback. If you provide suggestions or feedback about the Services, you grant us a perpetual, royalty-free license to use that feedback without obligation to you.

10. Confidentiality

Each party may receive confidential information from the other. Each party agrees to protect the other's confidential information with at least the same care it uses to protect its own confidential information, but no less than reasonable care. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

11. Warranties & Disclaimers

We warrant that the Services will perform materially in accordance with our documentation during the subscription term. To the maximum extent permitted by applicable law, the Services are provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or free from security vulnerabilities.

12. Limitation of Liability

In no event will either party be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or revenue, arising from or related to these Terms, even if advised of the possibility of such damages.

NeuralHyve's total cumulative liability arising out of or related to these Terms will not exceed the greater of (a) the total fees paid by you to NeuralHyve during the 12 months preceding the claim, or (b) $500 USD.

13. Indemnification

You agree to indemnify, defend, and hold harmless NeuralHyve and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable law; or (d) content or data you provide to the Services.

14. Termination

Either party may terminate these Terms upon 30 days' written notice. We may suspend or terminate your account immediately for material breach of these Terms, non-payment, or if required by law.

Upon termination, your access to the Services will cease. We will make your data available for export for 30 days following termination, after which we will delete it in accordance with our data retention policy.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of law principles. Any disputes arising under these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in Orange County, California.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a prominent notice in the Services at least 14 days before the changes take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

17. Contact Us