Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between Hishab Japan Inc., a company registered in ("Hishab," "we," "us" or "our") and an end-user ("you" and "your") and apply to your use of our website and Services (as defined below). In case you are utilizing the Services as a representative of a party (e.g. your employer or customer, collectively the "Client"), your acceptance of these Terms also binds the Client.
This is a binding agreement. If you use the Services or click accept or agree to these Terms if presented to you in a user interface for the Services, or you have signed a subscription agreement that serves as a master agreement, you are legally bound by the obligations in these Terms. If you are entering into these Terms on behalf of a Client, you represent and warrant that you have the authority to bind the Client to these Terms, and any reference to "you" and "your" will refer and apply to that party.
If you do not agree to all of these Terms, you shall not use the Service and you should not set up an Account.
By agreeing to these Terms, you expressly agree that except for limited circumstances, the parties will only resolve disputes by arbitration, solely on an individual basis.
You hereby agree to accept these Terms by opening an account under a username, notwithstanding any existing services agreement to which you may also be signatory which incorporated these Terms by reference.
You also agree to abide by other Hishab rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it) that are expressly incorporated into and are a part of these Terms. Please read them carefully.
Once you accept these Terms you are bound by them until they are terminated. See Section 7 (Term and Termination).
Subject to your compliance with these Terms, Hishab hereby grants you a non-exclusive, non-transferable, non-assignable non-sublicensable and revocable (i) right to use the Services and, as applicable, and (ii) where applicable in cases of on premise installations, license to object code that is installed in your Systems (where "Systems" means computing machine running code, whether on your premise or on a 3rd party's cloud platform), solely for the purposes of utilizing our Service to deploy AI voice agents and solely in the manner described in these Terms and in any technical documentation contained in, or provided with, the Services.
You acknowledge and agree that you are only being granted a right to use the Services and nothing is being sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Service in accordance with the use rights specified and other terms, conditions, and restrictions of these Terms.
The Services include but are not limited to a hosted software solution ("Platform") that allows you to create voice agents that can interact with your customers and stakeholders and respond to queries by such individuals in the most realistic manner possible.
Our Platform (think of it as an orchestration layer over three modules that are provided by various suppliers as well as a collection of tools, including a web dashboard ("Dashboard")) allows you to, either via our API or via the Dashboard, utilize transcribing service module and intake/record stakeholder speech (usually on your device) followed by transcription of the speech to text (either on your device or in a cloud server), and then processing of the text on a trained large language model ("LLM" or "AI Model") to generate responses, and then conversion of text to speech to be delivered to the stakeholder (using the voice module).
Our control layer interacts with our third-party service providers (our "Providers") as part of Services or parties that you wish to utilize. We expect our Providers list to grow with time. You understand and agree that when you use the various aspects of the Services we will be sharing Your Content with each Provider, subject to each Provider's individual terms and conditions.
Our Services are very flexible and our Platform allows you to conveniently customize which third parties you would like to use as part of the Services (whether our Providers or your own, including your own AI Models).
You agree to not, directly or indirectly (and will not permit any third party) to:
You understand that the Services will evolve from time to time. You acknowledge and agree that Hishab may update the Services on the Platform with or without notifying you, including adding or removing features, products, or functionalities. Hishab may also require you to accept updates to the software that you have installed on your System as applicable.
Usage of our Services is subject to the fees that are set out on our website. The fees you pay will be directly correlated with the amount of voice minutes processed through Hishab, volume transmitted to our Platform.
Nothing prevents us from revising the monthly fees charged for our Services, or introducing new features and benefits and charging additional amounts. Your costs under any subscription to our Services will not change until your then current term of subscription.
To access the Services, you must register and obtain login credentials for an account ("Account") and provide information as prompted by the account registration flow. You represent and warrant that:
You may delete your Account at any time, for any reason in accordance with Section 7(b).
The Services are only available to end-users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen.
You are not eligible to be a Client or an end-user if you are barred from using the Services under the laws of the United States or any other applicable jurisdiction, including pursuant to Section 15 (Export Control) in these Terms.
When you create an Account with Hishab, you will be asked to choose a username and password. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services and all related charges that may arise from such use of the Services in connection with your login credentials, with or without your knowledge.
You may not share your Account or password with anyone, and you agree to notify Hishab immediately of any actual or suspected unauthorized use of your Account, your password or any other breach of security as related to the Services, including on any hardware device which you may use to access our Services. Each end user must maintain their own credentials.
When you utilize our Service, all materials uploaded to or transmitted via the Platform is your content ("Your Content"). You own all rights and title in Your Content, including any Intellectual Property Rights (as defined). Hishab does not claim any ownership of Your Content or assert any rights under your Intellectual Property Rights other than as granted under these Terms.
You hereby grant Hishab a worldwide, royalty-free, sublicensable license to host, store, cache, use, display, reproduce, modify, adapt, edit, analyze, transmit, and distribute ("Handle") Your Content during the Term. This license to Handle is solely for the purpose of us and our Providers providing you the Services.
The specific information you permit us to Handle is determined by customizable settings that are in your control.
Our API has a "hipaaEnabled" option that limits Hishab's use of data if set to the "True" setting. If set to "True":
Alternatively, if "hipaaEnabled" option is set to "False":
You agree that submission of any ideas, suggestions, documents, and/or proposals to Hishab ("Feedback") is at your own risk and that Hishab has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Hishab a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback for any purpose.
The Services utilizes technology, capabilities and contain certain materials provided by us as well as our licensors, including but not limited to, all proprietary LLM, content, information, software, images, text, graphics, illustrations, logos, and as applicable audio and video. Hishab and its licensors reserve all ownership and Intellectual Property Rights to all parts of our Services.
For the purposes of these Terms, "Intellectual Property Rights" means all (i) patents, patent disclosures, and inventions (whether patentable or not), (ii) trademarks, (iii) copyrights and copyrightable works (including computer programs), and rights in data and databases, and (iv) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Your use rights, as set out under Section 2 above are subject to compliance with these Terms and as applicable payment of the applicable fees.
Providers that deliver part of our Services, whether pursuant to a contract directly with you or through us, require rights to Handle Your Content as applicable to the service they provide. Each Provider has its own contractual terms that apply. Please review the specific terms of service or equivalent agreement which apply to the Provider that you elect to utilize in respect of each of the Service modules for transcription, LLM, and voice generation.
While we expect each Provider to conform to industry norms and comply with their privacy policies and the license and rights granted to them under terms agreed upon with you, we do not monitor nor make any guarantees or warranties in respect of their compliance with their contractual and legal obligations.
Hishab shall monitor your use of the Services, including the Platform, and collect and compile data and information related to all such use in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Platform ("Aggregated Statistics"). Such Aggregated Statistics are wholly owned by the Company with all rights reserved and may be used for operating, developing, providing, promoting, and improving the Services.
By entering into these Terms or using the Services, you agree to receive communications from us, including via email, and/or push notifications. Communications from us may include, but are not limited to, operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, and news concerning Hishab and industry developments.
These Terms commence on the earlier of the date you first opened an Account to use the Services or the date when you accepted these Terms, and these Terms will remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section.
If you have breached any provision of these Terms, if Hishab is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), or if it is commercially impracticable for Hishab to provide the Services, Hishab has the right to, immediately and without notice, suspend or terminate any of the Services provided to you.
You agree that all terminations will be made in Hishab's sole discretion and that Hishab will not be liable to you or any third party for any termination of your Account, provided that if applicable, Hishab shall refund you any prepaid amount, on a pro-rata basis, for any duration of the term of subscription to our Service which remains after the termination of your Account.
Other than the clauses which survive any expiry or termination of these Terms, these Terms (with surviving terms excepted) shall not apply to you your notice to us requesting Services no longer be provided.
If Services are terminated for any reason, your use rights shall cease and you may not be able to access your Account and all related information or files associated with or inside your Account (or any part thereof) may be deleted. Hishab will not have any liability whatsoever to you for any suspension or termination.
The following Sections shall survive any termination of your use right: This Section 7(f), Sections 4(a), 4(b)(ii), 4(c), 4(d), 7(e), 9, 10, 11, 12, 14, 16, and 19.
These Terms are subject to occasional revision by Hishab. When changes are made, Hishab will make a new copy of these Terms of Service available on the website and within the App. We will also update the date at the top of these Terms.
If we make any substantial changes, and you have registered with us to create an Account, we will also send an email to you at the last e-mail address you provided to us to notify you. Any changes to these Terms will be effective immediately for new registered users of the Services and will be effective 30 days after posting notice of such changes on the website for existing registered users, provided that any material changes will be effective for registered users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the website or 30 days after dispatch of an e-mail notice of such changes to registered users.
Hishab may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGES AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU WILL STOP USING THE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Hishab, our directors, officers, stockholders, employees, licensors, providers and agents ("Hishab Parties") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) (collectively, "Losses") due to, arising out of, or relating in any way to:
Hishab reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hishab in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms and/or your access to the Services.
Hishab will defend, indemnify and hold harmless each you and as applicable your officers, directors, employees, contractors and licensors (collectively, "Subscriber Indemnitees"), from and against any costs, damages (including reasonable attorneys' fees) that are awarded in final judgment against or paid in settlement in connection with any action or suit brought against a Subscriber Indemnitee by a third party based upon a third-party claim that:
If your use of the Services is, or in Hishab's reasonable opinion is likely to be, enjoined due to claims specified in Section 9(b), then Hishab may at its sole option and expense (without limiting Hishab's indemnity obligation to Subscriber Indemnitees):
Notwithstanding the terms of Sections 9(b) (Indemnification by Hishab) and 9(c) (Injunctions), Hishab will have no liability for any infringement or misappropriation claim of any kind to the extent that it results from:
THE FOREGOING STATES THE ENTIRE OBLIGATION OF Hishab AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PERMITTED CONTRACTORS, AND LICENSORS WITH RESPECT TO ANY INFRINGEMENT OR MISAPPROPRIATION OF SUCH THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
You expressly understand and agree that, to the extent permitted by applicable law, your use of the Services is at your sole risk, and the Services are provided on an "as is" and "as available" basis, with all faults. Hishab expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Except as explicitly provided hereunder, Hishab makes no representation, warranty, or condition with respect to the Services, including but not limited to, the quality, effectiveness, and other characteristics of the Services, and of those of the Providers. Except as provided under a service level agreement, Hishab makes no representation or warranty that the Services will be uninterrupted, error-free, or timely. The Services may be subject to delays, cancellations and other disruptions.
No advice or information, whether oral or written, obtained from Hishab or through the Services will create any warranty not expressly made in these terms.
Unless you have limited the traffic flow to certain limits, we do not stop incoming voice calls to our Platform. As such, you are responsible for payment of all the minutes utilized on our Platform, regardless of whether the voice traffic exceeded your contemplation.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL A PARTY BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, IN EACH CASE WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WILL NOT BE LIABLE BEYOND THE GREATER OF (i) $100 USD, (ii) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
SOME COUNTRIES, STATES, PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE TERMS HEREIN MAY NOT FULLY APPLY TO YOU.
Japanese law shall govern the conclusion and validity of contracts based on the Service Terms of Service and the interpretation of the Service Terms of Services.
The Tokyo District Court shall have exclusive jurisdiction in the first instance over any dispute between any company of the Group and a User arising out of or in connection with the Services (including data posted by other Users and advertisements).
The Services can be accessed from countries around the world and may contain references to features and services that are not available in your country. Hishab makes no representations that the Services are appropriate or available for use in other locations.
Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. If you are using the Services and are not in the United States, you agree that the location for dispute resolution is acceptable to you and that you will not challenge the forum as being inconvenient for you.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.
In particular, but without limitation, the Services may not be exported or re-exported:
By using the Services, you represent and warrant that:
All notices required or permitted under these Terms will be in writing, will reference these Terms, and will be deemed given:
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Hishab's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Hishab may assign these Terms and any other right or obligation to a party without any consent or notification requirement to you.
Hishab will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms, along with any Hishab ordering document such as master agreement, or as found on Hishab's website, make up the final, entire, and exclusive agreement between you and Hishab with respect to the subject matter hereof and supersede any prior agreements and discussions, both written and oral, with respect to such subject matter. No purchase order or other document issued by you in respect of our Services shall control.
Hishab welcomes comments, questions, concerns, or suggestions. Please send us any inquiries at: