HelloMaily

Terms of Service

Last updated: March 21, 2026

1. Acceptance of Terms

By accessing or using HelloMaily ("the Service"), operated by HelloMaily ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

HelloMaily is a Software-as-a-Service (SaaS) platform that provides businesses with unified customer communication, CRM, marketing automation, and AI-powered tools. The Service includes, but is not limited to:

  • Omnichannel inbox management (WhatsApp, Instagram, Messenger, Facebook, Telegram, Email, SMS, Webchat, Twitter/X, LinkedIn, TikTok)
  • CRM with contacts, deals, pipeline management, and lead scoring
  • AI-powered chatbots, auto-replies, and intelligent suggestions
  • Campaign management and email marketing
  • Social media management, scheduling, and analytics
  • Helpdesk, ticketing, and knowledge base
  • Workflow automation and form/landing page builders
  • Content and design studio with third-party integrations (e.g., Canva)
  • Analytics, dashboards, A/B testing, and reporting
  • API access and webhook integrations

3. Account Registration and Security

You must provide accurate, current, and complete information during registration. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at security@hellomaily.io of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.

4. Subscription Plans and Billing

The Service is offered through paid subscription plans with varying feature sets and usage limits.

  • Billing cycle: Subscriptions are billed monthly or annually in advance, depending on the plan selected.
  • Free trial: Free trials, when offered, do not require a credit card. At the end of the trial, your account will be downgraded unless you subscribe to a paid plan.
  • Price changes: We may change pricing with at least 30 days' notice. Price changes take effect at the start of your next billing cycle.
  • Taxes: Prices are exclusive of applicable taxes (VAT, sales tax, etc.), which will be added where required by law.
  • Failed payments: If a payment fails, we will attempt to charge your payment method again. After repeated failures, your account may be suspended.

5. Cancellation and Refunds

You may cancel your subscription at any time from your account settings. Upon cancellation, your access will continue until the end of the current billing period. Refunds are provided on a pro-rata basis for unused portions of annual subscriptions only. Monthly subscriptions are non-refundable. We reserve the right to issue discretionary refunds on a case-by-case basis.

6. Acceptable Use Policy

You agree not to use the Service to:

  • Send unsolicited messages (spam), bulk messages without recipient consent, or engage in any form of abuse
  • Harass, threaten, defame, or discriminate against any person
  • Transmit malware, viruses, or any other harmful code
  • Violate any applicable law, regulation, or third-party rights, including intellectual property rights
  • Violate the terms of service of any third-party platform integrated with HelloMaily (e.g., Meta, WhatsApp, Telegram)
  • Attempt to reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to build a competing product or service
  • Scrape, crawl, or use automated means to access the Service without our written consent
  • Circumvent any usage limits, security measures, or access controls
  • Impersonate another person or entity

We reserve the right to investigate violations and may suspend or terminate your account immediately and without notice for any breach of this Acceptable Use Policy.

7. Intellectual Property

Our IP: The Service, including all software, algorithms, AI models, user interfaces, designs, trademarks, logos, documentation, and proprietary technology, is the exclusive property of HelloMaily and is protected by copyright, trademark, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely in accordance with these Terms.

Your content: You retain ownership of all data, content, and materials you upload or transmit through the Service ("Your Content"). By using the Service, you grant us a limited license to process, store, and transmit Your Content solely to provide the Service to you. We do not claim ownership of Your Content.

8. AI Features and Automated Processing

The Service includes AI-powered features such as chatbots, auto-replies, content suggestions, and lead scoring. These features may process your data and your customers' data using third-party AI providers (e.g., OpenAI, Google). AI-generated outputs are provided as suggestions and should be reviewed before use. We do not guarantee the accuracy, completeness, or suitability of AI-generated content. You are solely responsible for any communications sent to your customers through AI features. We do not use Your Content to train general-purpose AI models; data is processed solely to deliver the Service.

9. Third-Party Integrations

The Service integrates with third-party platforms and services, each governed by their own terms of service and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service. Changes to third-party APIs or policies may affect Service functionality, and we are not liable for any disruptions caused by third-party changes. You are responsible for complying with the terms of any third-party service you connect to through HelloMaily.

10. Data Processing and Privacy

Your use of the Service is also governed by our Privacy Policy. When you use HelloMaily to process your customers' personal data, you act as the Data Controller and HelloMaily acts as the Data Processor under GDPR (Regulation (EU) 2016/679). You are responsible for obtaining all necessary consents from your customers for the processing of their data through the Service. Upon request, we will enter into a Data Processing Agreement (DPA) in compliance with applicable data protection laws.

11. Service Level and Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted or error-free operation of the Service. Scheduled maintenance will be communicated at least 48 hours in advance via email or in-app notification. We are not liable for downtime caused by factors beyond our reasonable control, including third-party outages, force majeure events, or internet connectivity issues.

12. API Usage

Access to the HelloMaily API is subject to rate limits and usage quotas as defined by your subscription plan. You may not use the API to build a service that competes with HelloMaily or to circumvent platform limitations. We reserve the right to throttle, suspend, or revoke API access for any account that exceeds its limits or violates these Terms. API keys are confidential and must not be shared publicly.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
  • Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.
  • We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

14. Indemnification

You agree to indemnify, defend, and hold harmless HelloMaily, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any content you transmit through the Service; or (e) your violation of any applicable law or regulation.

15. Suspension and Termination

We may suspend or terminate your access to the Service immediately and without prior notice if: (a) you breach these Terms; (b) your use of the Service poses a security risk; (c) we are required to do so by law; or (d) your account has been inactive for more than 12 months. Upon termination, your right to use the Service ceases immediately. You may export Your Content for up to 30 days following termination, after which we may delete it. Sections 7, 13, 14, and 17 survive termination.

16. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated at least 30 days in advance via email or in-app notification. Continued use of the Service after the effective date of changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Italian Republic, without regard to its conflict of laws provisions. For consumers residing in the European Union, mandatory consumer protection laws of their country of residence shall apply where they provide greater protection. Any dispute arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Italy. Before initiating legal proceedings, the parties agree to attempt to resolve disputes amicably within 30 days of written notice.

18. General Provisions

  • Entire agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and HelloMaily.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
  • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
  • Force majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, government actions, or internet outages.

19. Contact

For questions about these Terms of Service, contact us at legal@hellomaily.io.