Foodling POS Corp. d/b/a Envision 360 (“Company,” “we,” “us,” or “our”) provides HiBell AI (the “Service”). These Terms and Conditions (the “Terms”) govern your access to and use of the Service and form a legally binding contract between you and the Company.
For the purposes of applicable privacy and personal data protection laws, we act as the “data controller” (or equivalent role) for personal data provided to, collected by, or processed through the Service.
Service URLs:
By accessing or using the Service, you agree that you have read, understood, and are bound by these Terms. If you do not agree, you do not have permission to use the Service.
ARBITRATION NOTICE: Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these Terms, you and the Company are each waiving the right to a trial by jury and the right to participate in any class action or representative proceeding, to the extent permitted by applicable law.
1. OVERVIEW
1.1 The Service
The “Service” includes all aspects of the HiBell AI website(s), application(s), and related subdomains or portals (whether publicly accessible or behind a login), and any features, functionality, or content provided on or through them. This may include, without limitation, our automated and/or AI-driven phone call platform (the “HiBell AI Platform”), dashboards, user interfaces, API endpoints, and any materials or communications you receive from us in connection with the Service.
1.2 Additional Terms
Your use of certain features or portions of the Service may be subject to additional guidelines, terms, or rules (“Additional Terms”), which are incorporated by reference into these Terms. If there is any conflict between these Terms and any Additional Terms, the Additional Terms will control unless they explicitly state otherwise.
1.3 Modifications to These Terms
We reserve the right to change these Terms at any time on a going-forward basis, and we will notify you of material changes (for example, by email or through the Service). If a revision materially modifies your rights or obligations, you may be required to accept the modified Terms to continue using the Service. Immaterial modifications are effective upon publication. By continuing to use the Service after any changes become effective, you agree to the new Terms. If you do not agree, you must discontinue your use of the Service.
2. ELIGIBILITY
By using the Service, you represent and warrant that:
- You are at least 18 years old (or the age of majority in your jurisdiction) or you have the express permission of a parent or legal guardian who has read and agreed to these Terms.
- You have not been previously suspended or removed from the Service.
- Your registration, use of the Service, and these Terms comply with all applicable laws, rules, and regulations.
- If you are using the Service on behalf of a company or organization, you have authority to bind that entity and its affiliates to these Terms, and the term “you” or “your” shall refer to that entity (collectively with you).
3. ACCOUNTS & REGISTRATION
3.1 Account Creation
You may be required to create an account to access certain features of the Service. You agree to: (a) provide accurate and current information; (b) keep such information updated; and (c) maintain the confidentiality of your login credentials.
You are responsible for all activity that occurs under your account, whether authorized by you or not. Notify us immediately at support@hibell.ai if you suspect unauthorized use.
3.2 Account Types
We may offer different subscription plans or account types, such as free trial accounts, paid business accounts, agency or white-label accounts, or other specialized access (“Paid Plans”). Any additional or different terms applicable to a specific plan will be set forth in the Additional Terms for that plan or at the point of purchase.
3.3 Suspension/Termination of Account
We reserve the right to suspend, restrict, or terminate your account or access to the Service at any time, for any or no reason, with or without notice, as permitted by applicable law. Reasons may include, but are not limited to, violation of these Terms, non-payment, suspicious or unlawful account activity, or general security concerns.
4. LICENSES AND INTELLECTUAL PROPERTY
4.1 Limited License
Subject to your compliance with these Terms (and any Additional Terms), the Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service for your internal purposes, including business use, strictly in accordance with the Service’s documentation and features.
4.2 Restrictions
You will not, except as expressly permitted under applicable law or by these Terms:
- (a) Copy, distribute, publicly display, or publicly perform any part of the Service.
- (b) Modify, adapt, translate, or create derivative works of any part of the Service.
- (c) Decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code of any software used to provide the Service.
- (d) Use the Service for any illegal or unauthorized purpose, or in violation of any local, provincial/state, national, or international law or regulation.
- (e) Bypass or breach any security device or protection used by the Service or any part of it, including any features that enforce limitations on usage.
- (f) Sell, rent, license, or otherwise transfer or provide access to the Service to a third party without our prior written consent, except as expressly permitted under a white-label or agency plan.
4.3 Feedback
If you choose to provide any suggestions, input, or other feedback about the Service or potential improvements (“Feedback”), you agree that the Company shall have an unrestricted, worldwide, irrevocable, perpetual, sub-licensable, and royalty-free right to use or incorporate such Feedback into any products or services without any obligation to you, to the fullest extent permitted by law.
4.4 Ownership; Proprietary Rights
All right, title, and interest (including all intellectual property rights) in and to the Service, including any software, code, content, and other materials therein, is owned by the Company or its licensors. Nothing in these Terms grants you any right, title, or interest in or to any trademarks, service marks, logos, or domain names associated with or owned by the Company, except for the limited license granted herein.
5. HIBELL AI PLATFORM
5.1 Platform Functionality
The Service may include access to a specialized platform for creating or scheduling automated, artificial intelligence-driven, or pre-recorded phone calls to your contacts (the “HiBell AI Platform”). You acknowledge and agree that:
- Use at Your Own Risk: Calls, messages, or other communications facilitated by the HiBell AI Platform may experience delays, disruptions, or errors. You assume all risk arising from such communications.
- Compliance: You are solely responsible for ensuring that your use of the HiBell AI Platform, including the content and timing of your calls, complies with all applicable laws (for example, the Telephone Consumer Protection Act (“TCPA”) and Telemarketing Sales Rule (“TSR”) in the U.S., Canada’s Anti-Spam Legislation (“CASL”) where applicable, local privacy laws, and equivalent regulations in other jurisdictions).
- Content: You are exclusively responsible for all call scripts, prompts, messages, recordings, and any user-generated content you provide. You represent that you own or have all necessary rights to use such content.
5.2 White-Label/Agency License
If your plan permits, the Company may grant you a white-label or agency license allowing you to sublicense or offer the Service under your own brand to your clients. Any such license is subject to these Terms and any Additional Terms specified in your subscription agreement, order form, or plan details. You must ensure your clients (or sublicensees) agree to comply with all relevant terms and conditions, including usage restrictions, indemnification obligations, and compliance with law. You remain fully liable for any breaches by your sublicensees.
6. PAYMENT, FEES, AND BILLING
6.1 Subscription Plans and Fees
Certain features of the Service may only be available through a paid subscription or usage-based fees (“Paid Plans”). The specific pricing, subscription duration, billing frequency, and other fee-related terms will be set forth at the point of sale or in Additional Terms (for example, an order form). By signing up for a Paid Plan, you agree to pay all applicable fees, including applicable taxes and surcharges, in accordance with the billing terms in effect at the time a fee or charge is due and payable.
6.2 Payment Methods; Authorization
You must provide a valid credit card or other acceptable payment method to pay any fees owed. By providing your payment information, you authorize us (and our payment processors) to charge your payment method for applicable fees when due. If your payment method fails or is declined, we reserve the right to suspend or terminate access to the Paid Plan or to the Service. You are responsible for updating payment information to ensure it is accurate and current.
6.3 Auto-Renewal
Unless otherwise stated in your plan, Paid Plans automatically renew at the end of the current subscription term for a renewal term of the same length (or such other length indicated in your subscription details), and you will be charged the then-current subscription fee unless you cancel prior to the renewal date. If you wish to avoid charges for the next renewal term, you must cancel before the end of the current subscription term in accordance with any applicable cancellation instructions provided by the Service or Additional Terms.
6.4 Refunds
Except as required by law or expressly stated in Additional Terms, all fees are non-refundable. This includes any fees paid in advance for the entire subscription term. If your Paid Plan is terminated or suspended by us for cause (for example, violation of these Terms), you will not receive a refund or credit for any remaining portion of your subscription term.
6.5 Changes to Fees
We reserve the right to modify the fees for Paid Plans at any time. If we change fees in a manner that affects your subscription, we will provide notice (for example, by email or within the Service) in advance of such change. Your continued use of the Paid Plan after any fee change becomes effective constitutes your agreement to pay the changed amount. If you disagree with the new fees, your sole remedy is to cancel the applicable Paid Plan before the new fees take effect.
7. COMPLIANCE; USER CONTENT; CALL OUTREACH
7.1 Compliance with Laws; Outreach Obligations
You agree to comply with all applicable laws, regulations, and industry guidelines when using the Service, including the HiBell AI Platform. This includes, but is not limited to:
- TCPA and TSR (if you or your organization is in the United States, or if you are calling U.S. contacts).
- GDPR, ePrivacy Directive, or equivalent data protection and privacy regulations (if you operate within the European Union or are reaching EU residents).
- Any similar or equivalent law in the jurisdiction(s) where you or your called parties reside, including laws related to consumer protection, robocalls, opt-in/opt-out requirements, or artificial/pre-recorded voice messages.
You are solely responsible for: (a) obtaining any legally required consent from your contacts, including (where required) written consent for automated or pre-recorded calls; (b) providing appropriate disclosures; and (c) honoring any “do-not-call” requests or opt-outs. We disclaim responsibility for your obligations under these regulations.
7.2 User Content
Some features of the Service may allow you to upload, post, or transmit content, such as call scripts, prompts, audio files, contact lists, and related materials (“User Content”). You represent and warrant that you own or have the necessary rights (including any necessary consents or licenses) to submit such User Content and that doing so does not violate any laws or infringe any third-party rights.
You retain ownership of your User Content. By uploading User Content, you grant the Company a worldwide, royalty-free, non-exclusive, transferable license to use, store, reproduce, process, transmit, and display the content as necessary to provide and improve the Service, and otherwise operate our business, in accordance with applicable privacy laws and our Privacy Policy.
7.3 Prohibited Conduct for User Content
You will not submit content that:
- (a) Is unlawful, fraudulent, obscene, defamatory, threatening, harassing, hateful, or otherwise objectionable.
- (b) Contains personal data about minors without proper parental consents where required.
- (c) Violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability.
- (d) Infringes any third-party rights, including intellectual property, privacy, or publicity rights.
- (e) Contains viruses, malware, or other harmful code that could damage the Service or any user’s device.
We reserve the right (but are not obligated) to monitor and remove or disable access to any User Content at our sole discretion, at any time and for any or no reason, without notice, as permitted by applicable law.
8. PROHIBITED USES
Without limiting any other provision in these Terms, you agree not to:
- Violate Laws: Use the Service in a manner that violates any local, provincial/state, national, or international law or regulation, or any third-party rights.
- Bypass Security: Interfere with or circumvent any security feature of the Service, including any feature that prevents or restricts copying or using any part of the Service.
- Disrupt Service: Interfere with the operation of the Service or any user’s enjoyment, including by uploading or transmitting any viruses, adware, spyware, worms, or other malicious code.
- Fraudulent Activity: Impersonate any person or entity, falsely claim an affiliation, or access any other user’s account without permission.
- Assist or Permit Violations: Encourage or enable any other person to do any of the acts described in this section.
9. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Foodling POS Corp. d/b/a Envision 360, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents (collectively, the “Company Entities”), from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your Use of the Service: Any use or misuse of the Service by you or anyone acting on your behalf.
- Breach: Any actual or alleged breach by you of these Terms or any Additional Terms.
- User Content: Any content you provide, including any claim that such content violates any law or third-party right.
- Compliance Violations: Any dispute or action arising from your alleged or actual failure to comply with applicable laws, rules, or regulations, including TCPA, TSR, GDPR, ePrivacy Directive, or equivalent frameworks.
- Third-Party Disputes: Any dispute between you and any third party (e.g., your customers, contacts, clients, sublicensees, or end-users) relating to your use of or reliance on the Service.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.
10. DISCLAIMERS; NO WARRANTIES
EXCEPT AS EXPRESSLY STATED IN AN ADDITIONAL WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES:
- That the Service will be timely, uninterrupted, or error-free, or that defects will be corrected.
- Regarding the reliability, accuracy, completeness, or quality of any information or content provided through the Service.
- That any calls, messages, or outreach conducted via the HiBell AI Platform will reach recipients, or be delivered without delay or error, or be legally compliant when you have not met your legal obligations (such as obtaining consent).
- Regarding any harmful components (such as viruses, malware, etc.) being absent from the Service.
- About any third-party integrations, links, or external sites that may be referenced or linked within the Service.
You assume all risk for any damage that may result from your use of the Service. You are solely responsible for any damage to your computer system, mobile device, or data that results from your use of the Service.
11. LIMITATION OF LIABILITY
11.1 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:
- YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY RELATING TO THE SERVICE;
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CALL DATA, ACCOUNT, OR CONTENT;
- ANY INTERRUPTION, DOWNTIME, OR CESSATION OF THE SERVICE; OR
- ANY OTHER MATTER RELATED TO THE SERVICE.
11.2 Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF:
- (A) THE AMOUNTS YOU HAVE PAID THE COMPANY (IF ANY) IN THE THREE (3) MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO THE CLAIM; OR
- (B) ONE HUNDRED U.S. DOLLARS (US $100).
11.3 Essential Purpose
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of risk between the parties. This allocation is an essential element of the basis of the bargain between the parties.
12. TERM AND TERMINATION
12.1 Term
These Terms are effective as of the date you first access or use the Service (whichever occurs first) and remain in full force and effect until terminated in accordance with these Terms.
12.2 Termination by the Company
The Company may, at its sole discretion, suspend or terminate your account or your access to all or part of the Service at any time, with or without notice, for any or no reason. Without limiting the foregoing, we may terminate or suspend your access if you violate these Terms or any applicable laws, fail to pay fees when due, or engage in conduct that we determine may harm the Company, the Service, or our users.
12.3 Termination by You
If you wish to terminate your account or any Paid Plan, you may do so in accordance with your account settings or by contacting us at support@hibell.ai. Unless otherwise provided in Additional Terms, no refunds (full or partial) will be issued if you terminate your account prior to the end of your subscription term.
12.4 Effect of Termination
Upon any termination of these Terms:
- License Rights: All rights and licenses granted to you under these Terms will immediately terminate.
- Outstanding Fees: You remain responsible for any unpaid fees that became due prior to the date of termination.
- Survival: All provisions of these Terms which by their nature should survive termination (including ownership provisions, warranty disclaimers, indemnities, and limitations of liability) will survive.
13. FORCE MAJEURE
Neither party will be liable for any failure or delay in performance under these Terms (other than for the payment of money) caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, national emergencies, labour disputes, governmental actions, power outages, internet disturbances, or acts of terrorism or war (“Force Majeure Events”). The affected party shall promptly notify the other and make reasonable efforts to minimize the impact on performance.
14. GOVERNING LAW & DISPUTE RESOLUTION
14.1 Governing Law
These Terms (and any dispute or claim arising out of or in connection with them) shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the applicable federal laws of Canada, without regard to conflict of law principles.
14.2 Binding Arbitration
Except for certain types of disputes described in Section 14.3 below, or if otherwise prohibited by law, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration.
No Class Actions: You and the Company each waive the right to participate in a class action or class-wide arbitration.
14.3 Exceptions; Small Claims Court
Nothing in these Terms shall prevent either party from (a) seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights; or (b) bringing a claim in small claims court in the jurisdiction where you reside if the claim is within that court’s jurisdictional limits.
14.4 Arbitration Procedure
Arbitration shall be initiated and conducted by a recognized arbitration provider mutually agreed upon by the parties. If the parties cannot agree, either party can petition a court of competent jurisdiction to appoint an arbitrator. Arbitration will take place in Milton, Ontario (or another location mutually agreed upon in writing by both parties). Each party shall bear its own attorneys’ fees and costs, unless otherwise determined by the arbitrator in accordance with applicable law.
15. PRIVACY & DATA PROTECTION
Your use of the Service is subject to the Company’s Privacy Policy, which explains how we collect, use, and protect your personal information: www.hibell.ai/privacy-policy.
Foodling POS Corp. d/b/a Envision 360 acts as the “data controller” (or equivalent role) for purposes of applicable personal data protection legislation regarding the personal data you provide or that is processed through the Service. By using the Service, you acknowledge that you have read and understand our Privacy Policy. Where required by applicable law (e.g., GDPR), you agree to comply with all data protection and privacy obligations related to your contact lists, call recipients, or any other personal data you submit to or process through the Service.
16. GENERAL PROVISIONS
16.1 Entire Agreement
These Terms (including all Additional Terms) constitute the entire agreement between you and the Company regarding the Service, and supersede any prior agreements, written or oral, relating to the same subject matter.
16.2 Assignment
You may not assign or transfer these Terms or any rights or obligations herein, by operation of law or otherwise, without our prior written consent. The Company may assign these Terms at any time without notice or consent. Subject to this Section, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns.
16.3 Relationship of the Parties
No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Service. You do not have any authority of any kind to bind the Company in any respect.
16.4 Waiver; Severability
Our failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. If any portion of these Terms is held to be invalid or unenforceable, that portion will be deemed severed and the remaining portions will remain in full force and effect.
16.5 Notices
We may provide notices to you under these Terms by email, a posting on the Service, or other reasonable means. Notices to the Company must be sent by email to support@hibell.ai.
16.6 Headings; Interpretation
Section headings in these Terms are for convenience only and have no legal or contractual effect. Words like “including” mean “including without limitation.”
16.7 Contact Information
The Service is offered by Foodling POS Corp. d/b/a Envision 360. You may contact us by emailing support@hibell.ai.
17. ACKNOWLEDGEMENT
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AND YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS.