Terms of Service
These Terms of Service ("Terms") are a binding agreement between you and Hey AI, Inc. ("Hey AI," "we," "us"). They govern your use of the Hey AI iOS app, the hey.ai website, our APIs, our outbound phone calls, our SMS messages, and any related services (collectively, the "Services"). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy.
Key points before you read: Hey AI is an AI product — the coaches are software, not real people, and not a substitute for professional advice. You must be 18+ to create an account. Subscriptions auto-renew until you cancel. Disputes are resolved by binding individual arbitration, and you waive the right to bring class actions. You can opt out of arbitration within 30 days of account creation (see Section 18).
Contents
- About Hey AI
- Eligibility & accounts
- Phone & SMS consent (TCPA)
- AI outputs & no professional advice
- Voice cloning & biometric data
- Connected services
- Recording, transcripts & storage
- Privacy & deletion
- Kids mode (COPPA / parental control)
- Subscriptions, payments & cancellation
- Acceptable use
- Your content & license
- Intellectual property
- Termination
- Disclaimers
- Limitation of liability
- Indemnification
- Disputes & arbitration
- Apple EULA addendum
- General terms
- Contact
1. About Hey AI
Hey AI is a persistent-coach product. You "hire" one or more AI coach personas — for example, a fasting coach, a trainer, or a sleep coach. Coaches text from a thread, call on a cadence you set, and remember context across sessions. Some coaches may speak in cloned celebrity-style voices, voices you have personally cloned, or pre-built character voices. The "your AI Squad" feature is software running on AI models; coaches are not real people.
2. Eligibility & accounts
You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you are at least 18 and have full legal capacity to enter these Terms.
Accounts are created via SMS-based phone-number authentication. You are responsible for keeping access to that phone number secure. Notify us at security@hey.ai if you suspect unauthorised access.
You may set up coach or character calls for children in your household using our Kids mode, but the account holder is always the adult. See Section 9.
3. Phone calls & SMS — TCPA consent
By providing your phone number and configuring the Services, you expressly consent to receive recurring automated voice calls and SMS messages from Hey AI at the number you provided, using artificial or pre-recorded voice messages and automatic dialing technology, on the schedule you configure. Standard message and data rates may apply. Consent is not a condition of any purchase.
You can stop calls and messages at any time by:
- Disabling them in Settings → You in the app;
- Replying
STOPto any SMS; or - Emailing info@hey.ai from the number on file.
We retain a record of your consent timestamp.
4. AI outputs & no professional advice
All speech, text, voice, and recordings produced through the Services are generated by AI language models and synthesised voices. The Services are not a substitute for professional advice — they are not a doctor, therapist, lawyer, financial advisor, dietitian, trainer, or any other licensed professional. Do not rely on AI outputs to make medical, legal, financial, mental-health, safety, or other consequential decisions.
If you are in crisis or having thoughts of harming yourself, contact local emergency services or a crisis line (in the US, dial 988).
AI outputs may be inaccurate, biased, offensive, or otherwise unsuitable. Voices that imitate public figures are AI imitations for personal use only and are not endorsements by those individuals.
5. Voice cloning & biometric data
You may upload audio samples to create cloned voices. You represent and warrant that you have obtained explicit consent from any person whose voice you upload (including your own consent if you upload your own voice). Voice samples and cloned voice models are biometric identifiers under several state and national laws. Uploading another person's voice without their consent is a misuse of the Services and may violate applicable laws (including Illinois BIPA, Texas CUBI, and the EU GDPR).
We may refuse or delete cloned voices at our discretion. You can request deletion of any voice clone you created at any time in Settings → Voice or by emailing privacy@hey.ai.
6. Connected services
To make coaching personalized, you may connect third-party services (Google Calendar, Gmail, Plaid banking, Spotify, Todoist, Notion, Apple HealthKit, etc.). When you connect a service, you authorise Hey AI to read only the data we need to operate the relevant feature.
We do not sell connected-service data. We use it only to provide the Services and only for as long as you keep the connection active. You can disconnect any service at any time in Settings → You.
7. Recording, transcripts & storage
Calls placed or received through the Services are recorded and transcribed for your reference, for billing/QA, and to let your coach summarise the session into your memory. By using the Services you consent to recording and transcription of calls between you and your AI coach. Some U.S. states require all-party consent — by accepting these Terms you provide that consent for both yourself and the AI participant in the conversation.
Recordings and transcripts are stored in your account; you can delete individual recordings at any time. See the retention table in the Privacy Policy.
8. Privacy & deletion
Our Privacy Policy explains what data we collect, how we use it, who we share it with, and how to exercise your rights. You can permanently delete your account from inside the app: Settings → You → Account → Delete account. Deletion is irreversible and removes your coach threads, messages, call history, goals, logs, voice clones, child profiles, and user-keyed files in cloud storage. See hey.ai/data-deletion if you don't have app access.
9. Kids mode (COPPA / parental control)
The Services are not intended for use by children under 18 as account holders. Our optional Kids mode lets a parent or legal guardian set up curated character interactions for their child under the parent's account.
If you enable Kids mode, you:
- Confirm you are the child's parent or legal guardian;
- Are solely responsible for obtaining any consent required under COPPA or other applicable laws before the child uses the Services;
- Agree to supervise the child's use; and
- Agree that the child profile is operated under your account and that you can delete it at any time.
We do not knowingly collect personal information from children under 13 outside of Kids mode. If we learn that we have done so, we will delete it. See Privacy Policy §8.
10. Subscriptions, payments & cancellation
Some features of the Services require a paid subscription. Pricing, billing cadence (monthly/annual), and what each plan includes are shown at checkout.
How you pay. Subscriptions are sold either through Apple's App Store (in-app purchase via Apple StoreKit) or through Stripe on the website, depending on what's offered at the time. The payment processor you used at checkout is the one that bills you on renewal.
Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date. You will not receive a separate reminder before each renewal except where required by law.
Cancellation.
- In-app purchase (Apple): manage and cancel from your Apple ID at apps.apple.com/account/subscriptions or iOS Settings → your name → Subscriptions. Cancellation prevents the next renewal; the current period continues until it ends.
- Stripe (web): cancel from the Billing section in-app or by emailing info@hey.ai.
Refunds. For Apple in-app purchases, refunds are handled by Apple under Apple's policies; submit refund requests at reportaproblem.apple.com. For Stripe purchases, refunds are issued at our discretion. Refunds required by law (e.g., EU withdrawal rights) will be honoured.
Free trials and promotional pricing. If a trial converts to a paid subscription, it does so automatically at the end of the trial unless cancelled. Promotional pricing is not guaranteed beyond the stated term.
Price changes. We may change subscription prices. We will give you advance notice and, where required by law, your consent or the opportunity to cancel before the new price takes effect.
11. Acceptable use
You agree not to:
- Impersonate a real person without their consent;
- Place calls or send messages to phone numbers you do not own or control without consent;
- Generate harassing, defamatory, threatening, or unlawful content;
- Generate sexual or sexually suggestive content involving real persons without their consent, or any content sexualising minors;
- Generate content intended to deceive others (e.g., voice clones used to defraud a third party);
- Circumvent rate limits, billing controls, or security measures;
- Scrape, mine, or resell platform data;
- Use AI outputs as professional advice;
- Reverse-engineer, decompile, or otherwise attempt to extract source code or model weights, except to the extent applicable law permits and our written consent allows;
- Use the Services in violation of any applicable law or third-party terms (including the TCPA, GDPR, COPPA, BIPA, Twilio's AUP, App Store Review Guidelines).
We may suspend or terminate accounts that violate these rules.
12. Your content & license
You retain ownership of content you upload or generate through the Services (your messages, voice samples, documents, prompts, photos, and goals — your "Content"). You grant Hey AI a worldwide, non-exclusive, royalty-free licence to host, store, transmit, transcribe, process, and display your Content solely to operate, secure, and improve the Services for you. This licence ends when you delete the Content or your account, except to the extent we are required to retain it by law or to defend legal claims.
We do not use your Content to train third-party AI models. Where we use AI sub-processors, we use accounts configured to opt out of training where the provider offers that option.
13. Intellectual property
Hey AI and its licensors retain all rights, title, and interest in and to the Services, including all software, designs, trademarks, models, datasets, prompts, and non-user-generated content. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for personal, non-commercial use, subject to these Terms.
Trademarks: "Hey AI" and the hey logo are trademarks of Hey AI, Inc. Other trademarks belong to their respective owners.
14. Termination
You may stop using the Services at any time and delete your account in-app. We may suspend or terminate your access if you violate these Terms, if continued provision of the Services to you is no longer commercially viable, or as required by law. Where reasonable, we will give notice. Sections that by their nature should survive termination (including Sections 12, 13, 15-18, and 20) will survive.
15. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEY AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF AI OUTPUTS, UNINTERRUPTED OR ERROR-FREE OPERATION, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR APPROPRIATE.
Some jurisdictions do not allow disclaimer of certain warranties; in those jurisdictions, the disclaimers above apply only to the extent permitted.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- HEY AI IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.
- HEY AI'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID HEY AI IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.
Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the smallest extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law (such as liability for gross negligence, wilful misconduct, fraud, or death/personal injury caused by negligence).
17. Indemnification
You agree to indemnify, defend, and hold harmless Hey AI, its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and reasonable expenses (including attorneys' fees) arising out of (a) your breach of these Terms; (b) your misuse of voice cloning or impersonation features; (c) your placement of calls or messages without proper consent; or (d) Content you upload, generate, or distribute through the Services.
18. Disputes & arbitration
Informal resolution first
Before filing any claim, you and Hey AI agree to try to resolve the dispute informally for at least 60 days. Send a written notice to legal@hey.ai describing the dispute and the relief you seek.
Binding individual arbitration
You and Hey AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a "Dispute") will be resolved by binding individual arbitration, except as provided below. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules, by a single arbitrator, in San Francisco, California (or, at your election, your home jurisdiction or by remote hearing). The arbitrator's decision is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver
You and Hey AI each waive the right to participate in a class action, class-wide arbitration, or representative action. Disputes will be resolved only on an individual basis.
Exceptions
The following are not subject to arbitration: (a) small-claims court actions; (b) actions to enjoin infringement of intellectual-property rights; (c) Disputes that applicable consumer protection law requires be resolved in court.
30-day opt-out
You may opt out of this arbitration agreement by emailing legal@hey.ai within 30 days of first creating your account, with the subject line "Arbitration Opt-Out" and your phone number on file. Opting out does not affect any other provision of these Terms.
Governing law
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. For users in the EEA, UK, or Switzerland, mandatory consumer-protection provisions of your home jurisdiction continue to apply.
19. Apple App Store EULA addendum
The following terms apply only to the version of the Services delivered as an iOS application through the Apple App Store (the "Licensed Application"):
- Parties. These Terms are a binding agreement between you and Hey AI, and not with Apple Inc. ("Apple"). Hey AI, not Apple, is solely responsible for the Licensed Application and its content.
- Scope of licence. The licence granted to you is non-transferable and limited to use of the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance & support. Hey AI is solely responsible for providing any maintenance and support for the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
- Warranty. Hey AI is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Licensed Application fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price (if any) for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Hey AI's sole responsibility.
- Product claims. Hey AI, not Apple, is responsible for addressing your or any third party's claims relating to the Licensed Application or your possession and use of it, including (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of HealthKit or HomeKit frameworks (if any).
- Intellectual property. In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Hey AI, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
- Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party terms. You agree to comply with applicable third-party terms of agreement when using the Licensed Application (e.g., your wireless data services agreement).
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
20. General terms
Changes. We may update these Terms from time to time. Material changes will be communicated by email, push notification, or in-app notice at least 14 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance.
Assignment. You may not assign these Terms. We may assign them to an affiliate or successor in connection with a merger, acquisition, or sale of assets, on notice to you.
Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms shown at checkout, are the entire agreement between you and Hey AI.
No waiver; severability. Failure to enforce any provision is not a waiver. If any provision is held unenforceable, the remainder remains in effect.
Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control (natural disasters, network outages, government action, etc.).
21. Contact
Hey AI, Inc.
General: info@hey.ai
Privacy: privacy@hey.ai
Legal / arbitration: legal@hey.ai
Security: security@hey.ai
