Terms of service

These Terms of Service ("Terms") are an agreement between KaptiNET Limited, trading as H3llo ("H3llo", "we", "us"), a company registered in New Zealand, and the business that subscribes to the Service ("Customer", "you").

By signing an Order, using the Portal, or provisioning users on the Service, you agree to these Terms on behalf of your business. If you are accepting on behalf of a business, you confirm you have authority to bind it.

1. Definitions

• Service — the H3llo phone platform: AI-powered call answering, voice lines, the H3llo Portal, the H3LLO Phone apps (iOS, Android, and desktop), and related features we make available to you.
• Order — an accepted proposal, order form, or other written agreement between you and H3llo setting out the plans, pricing, and term for your subscription.
• Authorised User — a member of your staff you provision to use the Service (for example, a user of the H3LLO Phone app).
• Caller — any person who calls, or receives a call from, a phone number connected to the Service.
• Customer Data — data you or your Authorised Users submit to the Service, and data generated by your use of it, including call recordings, transcripts, contact records, and configuration.
• AI Agent — a conversational AI assistant configured to answer or handle calls and messages on your behalf.

2. The agreement

These Terms, together with each Order and the H3llo Privacy Policy, form the agreement between us. If an Order conflicts with these Terms, the Order prevails for commercial terms (pricing, plan, term); these Terms prevail for everything else.

You and we are each contracting in trade. The parties agree that the New Zealand Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the extent permitted by law.

3. The Service

H3llo provides business phone services, including AI Agents that answer calls, take messages, and perform tasks you configure; voice lines and call routing; and softphone apps for your staff.

Calls handled by an AI Agent are recorded and transcribed — that is how the Service works. Recording of calls handled by your staff is configurable per line. Recordings and transcripts are Customer Data and are available to you in the Portal and apps.

We may improve, modify, or update the Service from time to time. We will not materially reduce the core functionality you have paid for during a subscription term without equivalent replacement.

4. Your accounts and Authorised Users

Accounts for Authorised Users are provisioned by you (or by H3llo on your instruction) — there is no self-serve public sign-up. You are responsible for:

• keeping credentials confidential and telling us promptly about any suspected unauthorised access;
• everything done on the Service through your accounts;
• ensuring your Authorised Users comply with these Terms; and
• removing access for staff who leave your business.

5. Acceptable use

You must not, and must ensure your Authorised Users do not:

• use the Service to break the law, including telecommunications, privacy, and unsolicited-communications law;
• send spam or make unsolicited automated calls or messages;
• use the Service to harass, defraud, or impersonate any person;
• attempt to probe, disrupt, or gain unauthorised access to the Service or its infrastructure;
• resell the Service without our written agreement; or
• use the Service in any situation where its failure could lead to death, personal injury, or significant property damage.

We may suspend access immediately if your use threatens the security or integrity of the Service or breaches this section, and will tell you why as soon as practicable.

6. Call recording — your obligations

Laws about recording calls and collecting personal information from Callers apply to you as the business the Caller is dealing with. You must:

• ensure Callers are appropriately informed that calls may be recorded and handled by an AI assistant (the Service supports announcements for this purpose — you are responsible for keeping them enabled and accurate for your jurisdiction);
• have a lawful basis for collecting and using Caller information under the Privacy Act 2020 (or the equivalent law where you operate); and
• only use recordings and transcripts for legitimate business purposes.

7. Emergency calls — important

H3llo voice lines support calls to emergency services (111 in New Zealand) while the Service is operational. Emergency calls through the Service may not work during a power failure, an internet outage, or a failure of your equipment.

Calls through the Service depend on mains power and a working internet connection at your premises, and on the equipment used to make them — such as your fibre ONT, modem or router, Wi-Fi, desk or cordless phones, and computers. If any of these stops working, you may be unable to call 111 using the Service. Accurate location information may not be available to emergency services.

The H3LLO Phone app depends on a data connection. To call 111 from a mobile phone, use the phone's native dialler, not the H3LLO Phone app.

You must maintain an alternative means of calling emergency services that does not depend on the Service — such as a charged mobile phone — and make sure your Authorised Users know to use it.

Vulnerable consumers. If you, or someone who normally lives at your premises, is at particular risk of needing to call 111 because of a health, safety or disability circumstance, and has no other means of calling 111 that will keep working during a power failure, support is available on request under the Commerce Commission's 111 Contact Code. Contact H3llo to ask for it. More information is at h3llo.nz/111.

To the extent permitted by law, H3llo has no liability arising from any attempt to contact emergency services through the Service.

8. Fees and payment

Fees are set out in your Order. Unless the Order says otherwise:

• fees are invoiced in New Zealand dollars, exclusive of GST, which will be added where applicable;
• invoices are payable within 14 days of the invoice date;
• call charges (if any) are billed per your Order or published rates;
• we may charge interest on overdue amounts at 2% per month and suspend the Service for accounts more than 30 days overdue, after notice; and
• fees may change at the end of a subscription term with at least 30 days' notice.

9. Customer Data and intellectual property

Your data stays yours. You own Customer Data. You grant H3llo a licence to host, process, transmit, and display Customer Data as needed to provide the Service, provide support, and meet our legal obligations.

The Service stays ours. H3llo and its licensors own the Service, the apps, and all associated intellectual property. We grant you a non-exclusive, non-transferable licence for your Authorised Users to use the apps and Portal during your subscription, for your internal business purposes.

We do not use your Customer Data to train AI models available to other customers. Aggregated, de-identified usage data (which does not identify you, your staff, or Callers) may be used to operate and improve the Service.

10. AI Agents — limits

AI Agents generate responses automatically and can make mistakes, including mishearing, misunderstanding, or giving inaccurate information to Callers. You are responsible for how AI Agents are configured for your business, for reviewing important information they capture, and for not relying on them for advice or decisions that require a qualified human. The Service is not designed for medical, legal, or other emergencies.

11. Privacy

Our handling of personal information is described in the H3llo Privacy Policy. For personal information contained in Customer Data (such as Caller recordings), we process it on your behalf and on your instructions, and you warrant that you are entitled to provide it to us for that purpose. On termination we delete Customer Data as described in the Privacy Policy.

12. Availability and support

We aim to keep the Service available at all times but do not guarantee uninterrupted operation unless a service level is set out in your Order. We may perform maintenance, and will endeavour to schedule disruptive maintenance outside New Zealand business hours with notice. Support is available at support@h3llo.nz.

13. Term, termination, and suspension

The subscription term is set out in your Order. Either party may terminate:

• for convenience at the end of the current term, with at least 30 days' written notice; or
• immediately, if the other party materially breaches these Terms and does not remedy the breach within 14 days of written notice, or becomes insolvent.

On termination: your and your Authorised Users' access ends, unpaid fees for the remainder of the term become payable, and Customer Data is deleted within 30 days as described in the Privacy Policy. You may export recordings, transcripts, and contact data via the Portal before termination takes effect.

14. Warranties and liability

The Service is provided "as is" to the extent permitted by law. We do not warrant that it will be error-free or uninterrupted, or that AI-generated content will be accurate.

To the maximum extent permitted by law:

• neither party is liable to the other for loss of profits, revenue, data, or goodwill, or for any indirect or consequential loss;
• H3llo's total aggregate liability arising out of or in connection with the Service is limited to the fees you paid in the 12 months before the event giving rise to the claim; and
• nothing in these Terms limits liability that cannot be limited by law, including liability for fraud.

You indemnify H3llo against third-party claims arising from your breach of section 5 (Acceptable use) or section 6 (Call recording).

15. Mobile app stores

The H3LLO Phone app may be downloaded from the Apple App Store or Google Play. These Terms are between you and H3llo only — not with Apple Inc. or Google LLC, who have no obligation to provide support or maintenance for the app. Apple and Google are not responsible for the app or its content, and have no warranty obligations beyond any non-returnable minimum required by law. To the extent the app is used on Apple devices, Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you. Your use of the app must also comply with the applicable store's terms of service.

16. General

• Changes to these Terms. We may update these Terms from time to time. Material changes will be notified at least 30 days before they take effect (by email or in the Portal); continued use after that date is acceptance. Changes do not reduce your rights under a current Order without your agreement.
• Assignment. Neither party may assign this agreement without the other's consent, except to a successor in a merger or sale of business.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (excluding payment obligations).
• Notices. Notices to H3llo go to support@h3llo.nz; notices to you go to your account's billing or admin email.
• Entire agreement. These Terms and your Orders are the entire agreement and supersede prior discussions.
• Governing law. These Terms are governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

17. Contact

KaptiNET Limited, trading as H3llo Email: support@h3llo.nz Website: https://h3llo.nz