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Terms of Use

Effective date: 2026-07-07

1. Parties and scope

These Terms of Use (the "Terms") are a legal agreement between:

  • Hail HQ ("Hail HQ," "we," or "us"), reachable at hi@hail.so; and
  • The individual or entity that registers for or uses Hail's hosted service ("Developer," "you," or "your").

Hail's product/brand name is "Hail." These Terms govern Developer's access to and use of Hail's hosted cloud product (the "Service").

By creating an account, accessing, or using the Service, Developer agrees to be bound by these Terms. If Developer is entering into these Terms on behalf of an organization, Developer represents that it has authority to bind that organization, and "Developer" refers to that organization.

1.1 Self-hosted deployments are out of scope

These Terms apply only to the hosted cloud product operated by Hail. Hail also makes its software available for self-hosting under the GNU Affero General Public License v3.0 (AGPLv3). If you run a self-hosted instance of Hail's software:

  • These Terms do not apply to you or to that instance.
  • Your use is governed solely by the AGPLv3 license text, which disclaims warranty and limits liability on its own terms.
  • You are an independent operator and data controller of your own instance. Hail HQ has no processor or controller relationship to, no visibility into, and no liability for any self-hosted deployment, however it is configured or used.

2. Definitions

  • "Developer" means Hail's direct customer — the organization or individual holding the account used to access the Service.
  • "Recipient" means any person who receives a call, SMS/text message, or email that a Developer triggers through the Service. Recipients are not Hail's customers and have no contractual relationship with Hail.
  • "Service" means Hail's hosted developer platform, through which Developers trigger outbound communications programmatically via MCP, a REST API, or a CLI.

3. The provider/deployer split

Hail operates the underlying send infrastructure — the systems that place calls and send email on a Developer's instruction. Hail does not decide, and has no visibility in advance into, who a Developer contacts, what is said or written, or when a communication is sent. Those decisions belong entirely to the Developer.

Accordingly:

  • Developer is solely responsible for deciding who to contact, what content to send, and when to send it, using the Service.
  • Developer warrants that, for every Recipient it contacts through the Service, it has obtained all legally required consent from that Recipient and has an independent lawful basis for the contact, under all applicable law, including (without limitation) the U.S. Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, EU/UK ePrivacy rules and the UK Privacy and Electronic Communications Regulations (PECR), and the EU/UK General Data Protection Regulation (GDPR).
  • Hail does not today perform formal verification (KYC) of Developer's consent records before communications are sent. Compensating controls in place include email verification at signup and account velocity caps on outbound volume. Hail's absence of upfront verification does not relieve Developer of the warranties in this Section 3, and Developer may not represent to any third party that Hail has verified its consent basis.
  • Hail registers and maintains carrier-required telephony compliance applicable to numbers it provisions (for example, brand/campaign registration and caller-ID attestation regimes). This is an ongoing operational responsibility of Hail and is not a warranty that any specific certification or registration is complete at any given time.

4. Acceptable use

Developer will not use the Service to:

  • contact any Recipient without the consent and lawful basis required under Section 3;
  • send unlawful, fraudulent, deceptive, harassing, or abusive communications;
  • violate any applicable telemarketing, anti-spam, robocall, consumer protection, or data protection law; or
  • interfere with or attempt to circumvent the security, rate limits, or intended operation of the Service.

Hail may publish a more detailed Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference.

4.1 Suspension

Hail may immediately suspend Developer's access to the Service, in whole or in part, without prior notice, if Hail reasonably believes that:

  • Developer has breached the AUP or Section 3 or Section 4 of these Terms; or
  • continued provision of the Service to Developer poses a legal, regulatory, or carrier-compliance risk to Hail (for example, elevated spam/complaint rates, carrier or upstream-provider warnings, or a government or law-enforcement request).

Hail will use reasonable efforts to notify Developer of a suspension and its cause, and to restore access once the underlying issue is resolved, except where notice itself would create legal risk.

5. Channels

The Service supports outbound voice calls (via Hail's AI voice agent), outbound SMS/text messaging, and outbound email. Hail does not represent that any channel not listed here is available.

All outbound telephone numbers are provisioned through Hail's own carrier account; the Service does not support Developers bringing their own carrier account.

6. Fees

Fees for the Service are as set out in the applicable order form, plan page, or invoice agreed between Hail and Developer.

7. Data, privacy, and retention

Hail's processing of Developer and Recipient data is described in Hail's Privacy Policy and, where applicable, a Data Processing Agreement (DPA) entered into with Developer, each incorporated into these Terms by reference. In summary:

  • Hail acts as a processor with respect to Recipient and Developer customer data processed to deliver the Service, and as a controller with respect to Developer's own account and billing data.
  • Call audio is not recorded or retained; interactions are stored as text transcripts only. SMS/text message content and email content (including raw message content) are stored for delivery and audit purposes.
  • Call transcripts, SMS/text message content, and stored email content are retained for the duration of Developer's account plus 12 months following account closure, after which they are deleted in the ordinary course, subject to any longer retention required by law or legal process.
  • Termination of these Terms or closure of Developer's account does not result in immediate deletion of this data; the 12-month post-closure period above applies before deletion occurs.

8. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. HAIL DOES NOT WARRANT THAT THE SERVICE WILL DETECT, PREVENT, OR VERIFY THAT DEVELOPER HAS LAWFUL CONSENT OR A LAWFUL BASIS TO CONTACT ANY RECIPIENT.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES ACTUALLY PAID BY DEVELOPER TO HAIL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  • These limitations do not apply to: (a) a party's indemnification obligations under Section 10; (b) a party's gross negligence or willful misconduct; (c) Developer's breach of Section 3 (consent and lawful-basis warranties) or Section 4 (acceptable use); or (d) any liability that cannot be limited or excluded as a matter of mandatory Swedish law.

10. Indemnification

Developer will defend, indemnify, and hold harmless Hail, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Developer's actual or alleged misuse of the Service;
  • Developer's failure to obtain, or falsely claiming to have obtained, the consent or lawful basis required under Section 3 for any Recipient; or
  • Developer's violation of these Terms, the AUP, or applicable law in connection with its use of the Service.

Hail will promptly notify Developer of any claim subject to this Section, and Developer will control the defense and settlement of such claim, provided that Hail may participate with its own counsel at its own expense.

11. Export control and sanctions

Developer represents and warrants that it is not, and is not owned or controlled by, a person or entity that is:

  • listed on any applicable sanctions or restricted-party list (including lists maintained by the U.S. Office of Foreign Assets Control, the European Union, the United Kingdom, or the United Nations); or
  • located in, or ordinarily resident in, any country or region subject to comprehensive sanctions or embargo under applicable law.

Developer will not use the Service in violation of any applicable trade control, export control, or sanctions law, and will not use the Service to contact Recipients in, or route communications through, any sanctioned or embargoed country or region in violation of such laws. Hail may suspend or terminate Developer's access immediately, without liability, if Hail reasonably believes this Section has been or may be violated.

12. Termination

Either party may terminate these Terms as set out in the applicable order form or, absent one, on written notice as agreed between the parties. Hail may additionally suspend or terminate under Sections 4.1 and 11. Upon termination, Developer's right to access the Service ends; data retention and deletion following termination are governed by Section 7.

Sections 3, 7, 8, 9, 10, 11, 13, and 14, and any other provision that by its nature should survive, will survive termination of these Terms.

13. Assignment

Hail HQ may plan future corporate restructuring. Developer agrees that Hail HQ may assign these Terms, in whole or in part, without Developer's further consent, to:

  • a future corporate entity formed as part of any such restructuring; or
  • any other successor or affiliate,

in each case provided that the assignee assumes all of Hail HQ's obligations under these Terms. Developer may not assign these Terms without Hail HQ's prior written consent, except to a successor in a merger, acquisition, or sale of substantially all of Developer's assets, provided the successor assumes all of Developer's obligations under these Terms.

14. Governing law and disputes

These Terms are governed by the laws of Sweden, without regard to its conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of Sweden for any dispute arising out of or relating to these Terms, unless the parties' order form specifies otherwise.

15. General

  • Entire agreement. These Terms, together with any order form, Acceptable Use Policy, Privacy Policy, and DPA incorporated by reference, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on the subject.
  • Changes to these Terms. Hail may update these Terms from time to time. Hail will provide reasonable notice of material changes (for example, by email or in-product notice). Continued use of the Service after a change takes effect constitutes acceptance.
  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
  • No waiver. A party's failure to enforce a provision is not a waiver of its right to do so later.
  • Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship.
  • Notices. Notices under these Terms must be given in writing to the contact details on file for each party.