These Terms of Service (“Terms”) govern your access to and use of Hiya Studio (“Hiya,” “we,” “us,” or “our”) and the services we provide at hiyastudio.com. By creating an account or using our service, you agree to be bound by these Terms. If you do not agree, do not use the service.
1. The service
Hiya provides an AI-powered chat widget that you embed on your website to interact with your visitors. You are solely responsible for how you deploy and use the widget, the content you provide to train it, and ensuring your use complies with all applicable laws and your visitors' expectations.
2. Eligibility
- You must be at least 18 years old to use Hiya.
- You must have the legal authority to enter into this agreement on behalf of yourself or your business.
- You may not use Hiya if you are located in a country subject to U.S. embargo or sanctions.
3. Accounts
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@hiyastudio.com if you suspect unauthorized access. We are not liable for any loss resulting from unauthorized use of your account.
4. Free trial
We offer a 7-day free trial. No credit card is required to start. At the end of the trial, your bot will automatically deactivate. You will not be charged anything unless you actively choose a paid plan. There is no automatic enrollment into a paid subscription.
5. Paid plans and billing
Hiya is offered at a flat monthly rate as described on our pricing page. All fees are in USD. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until you cancel. Prices may change with 30 days' written notice. Continued use after a price change constitutes acceptance.
6. Cancellation and refunds
You may cancel your subscription at any time from your billing portal. Cancellation takes effect at the end of the current billing period — you retain access through the period you paid for. We do not offer prorated refunds for partial months. If you believe you were charged in error, contact us within 14 days and we will review it.
7. Acceptable use
You agree not to use Hiya to:
- Violate any applicable law or regulation
- Harass, deceive, defraud, or harm any person
- Collect personal data from visitors without proper disclosure and consent
- Distribute spam, malware, or illegal content
- Impersonate any person or entity
- Attempt to reverse-engineer, decompile, or extract our underlying models or code
- Use the service to build a competing product
- Violate any third party's intellectual property or privacy rights
We may suspend or terminate your account immediately and without prior notice if we reasonably believe you are violating these terms.
8. Your content
You retain ownership of all content you provide to Hiya — including knowledge base materials, URLs, and documents. You grant us a limited license to store, process, and use that content solely to provide the service to you. You represent and warrant that you have the rights to provide that content and that doing so does not violate any third-party rights.
Chat transcripts between your visitors and the widget are processed and stored on your behalf. We do not use your private content or your visitors' conversations to train any shared AI models.
9. AI-generated content disclaimer
Hiya uses large language models to generate responses. These models can and do produce inaccurate, incomplete, biased, or inappropriate output. You acknowledge that:
- AI responses may not always be accurate or up to date
- You are responsible for reviewing and approving the content your bot delivers to visitors
- Hiya is not a substitute for professional legal, medical, financial, safety, or other expert advice
- We are not liable for any harm arising from your visitors' reliance on AI-generated responses
10. Intellectual property
Hiya and all related software, designs, trademarks, and content are owned by us or our licensors. Nothing in these Terms transfers any ownership to you. You may not reproduce, distribute, or create derivative works without our written permission.
11. Third-party services
Hiya integrates with third-party providers including Anthropic (AI), Stripe (payments), Supabase (data), and Vercel (hosting). Your use of those services is subject to their own terms and privacy policies. We are not responsible for the acts or omissions of third-party providers.
12. Uptime and availability
We make commercially reasonable efforts to keep the service available, but we do not guarantee any specific uptime. The service may be interrupted for maintenance, updates, or events outside our control. We are not liable for downtime or service interruptions.
13. Termination
Either party may terminate at any time. You may cancel via your billing portal. We may terminate your account immediately for violations of these Terms or for any other reason with 30 days' notice. Upon termination, your data will be retained for 30 days, after which it will be permanently deleted. You are responsible for exporting any data you need before that window closes.
14. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HIYA STUDIO, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.
16. Indemnification
You agree to indemnify, defend, and hold harmless Hiya Studio and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you provide to the service.
17. Dispute resolution and arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the service shall first be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be conducted in English. Each party bears its own costs unless the arbitrator determines otherwise.
Class action waiver: You agree to resolve disputes with us individually and waive any right to bring or participate in a class action, class arbitration, or representative proceeding.
Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.
18. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. If arbitration is inapplicable, you consent to exclusive jurisdiction in the state and federal courts located in Delaware.
19. Changes to these terms
We may update these Terms from time to time. We will notify you of material changes by email and by updating the date at the top of this page, at least 30 days before they take effect. Continued use of the service after the effective date constitutes your acceptance of the updated Terms.
20. Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hiya Studio regarding the service and supersede all prior agreements. If any provision is found unenforceable, the remainder of the Terms stays in effect. Our failure to enforce any right is not a waiver of that right.
Contact
Questions about these Terms? Email hello@hiyastudio.com.