Terms of service

1The agreement

Human Reply (the "service") is provided by Hella Fast, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, United States ("we", "us"). "You" means the person or organisation that holds the account. By installing the plugin, going through setup, or using the service in any other way, you accept these terms and our Privacy policy, which is part of them. If you accept on behalf of an organisation, you confirm that you are allowed to bind it. If you do not agree, do not use the service.

You must be at least 18, or old enough to enter a binding contract where you live.

2What Human Reply does

The service puts a chat bubble on your website and connects it to a Telegram group of yours through a bot you create in Telegram. Each conversation opens as a topic in that group with the visitor's context; what your team writes there appears in the bubble, and what the visitor writes appears in the topic. The service keeps the conversation history, shows it on your dashboard, and offers your visitors ways to be reached when nobody is free. It never answers a visitor by itself.

You install the bubble through the Human Reply plugin for Framer or through our embed script on another website. You create the bot and the group yourself, following the steps in setup, and they stay yours.

We improve the service continuously and may add, change or remove features. When a change takes something away that you rely on, we tell you in advance by email.

3Your account and your team

An account belongs to one email address. There is no password: signing in is a code sent to that address, so the account is as secure as the mailbox. Keep it safe, and tell us at once at hello@send.humanreply.app if you think the account has been used without your permission.

Every member of your Telegram group can read and answer your conversations. You decide who is in the group, and you are responsible for what they write and do through the service. The bot's token, the group and the site the bubble is on are yours to manage, and you may connect them to one account at a time.

4The trial, the price and paying

The trial

Every new account gets the full service free for seven days from the moment the account is created, without a card. If you do not start the plan by then, the bubble is switched off on your site when the trial ends. Everything else stays: your settings, your team, your conversations. Starting the plan later brings the bubble back.

The price

There is one plan, sold per website: $12 a month, or $120 a year, which is $10 a month. Prices are in US dollars and do not include any taxes the law requires us to collect, which are added at checkout. The plan covers one site, your whole team and unlimited conversations. An agency runs one plan for each client site.

Paying

Payment goes through Stripe, on Stripe's pages; we never see your card. When you start the plan during the trial, your card is charged on the day the trial ends, and then at the start of each month or year until you cancel. The plan renews automatically. If a payment fails, Stripe retries it; if it keeps failing, the plan lapses and the bubble comes off your site until it is paid, with your data kept as during the trial.

Cancelling

You can cancel at any time from Settings › Plan & billing on your dashboard. The service continues until the end of the period you have paid for, and you are not charged again. You can also switch between monthly and yearly there.

No refunds after the trial

The trial is when you decide. Once it is over, payments are not refundable: there are no refunds or credits for a period you have started, for time you did not use, or for cancelling before a period ends, except where the law gives you a right we cannot exclude, and except as section 11 says when we end the service ourselves.

Price changes

If we change the price, we email you at least 30 days before the change, and the new price applies from your first renewal after that date. If you do not agree, cancel before it applies.

5Acceptable use

You agree not to use the service, and not to let your team use it, to:

• break the law, or send content that is illegal, defamatory, threatening or harassing;
• deceive visitors about who they are talking to or what will happen with what they write;
• send unsolicited messages, or collect visitors' data beyond what the conversation needs, or use it against their interests;
• send malware, or files and content you have no right to send;
• interfere with the service, try to reach other customers' data, probe or overload our systems, or get around its limits;
• copy, resell or offer the service as your own. Agencies may run it for their clients, one plan per site;
• break the terms of Telegram, Framer or Stripe while using them through the service.

We may suspend or end an account that breaks these rules, with notice when we reasonably can, and without it when a delay would harm visitors, other customers or the service.

6Your content and our software

Your content. Everything your visitors and your team write, the files they send, and your settings, wording and logo stay yours. You give us permission to store, copy, transmit and display them as needed to run the service for you, and for nothing else. You are responsible for your content: for having the right to use it, for what your team does with what visitors tell them, and for telling your visitors about the chat in your own privacy policy where the law requires it.

Our access. We access your conversations only to keep the service running, to investigate a problem you have asked us about, or when the law requires it, and that access is the minimum necessary and temporary, as the Privacy policy says.

Our software. The service, the plugin, the bubble, the dashboard, their design, and the Human Reply name and mark belong to us or to our licensors. While your account is in good standing you have a limited, non-exclusive, revocable licence to use them through the service. You may not copy, modify, sell or reverse-engineer them beyond what the law allows regardless of these terms.

Feedback. If you send us ideas or suggestions, we may use them without owing you anything.

7Processing your visitors' data

Where the conversations contain personal data about your visitors, you are the controller (or, if you run the service for a client, their processor) and we are your processor. In that role we:

• process the data only to provide the service and on your documented instructions, which are these terms and what you do on your dashboard, and tell you if we think an instruction breaks the law;
• keep it confidential, and make sure the people who run the service are bound to confidentiality;
• protect it with the measures described in the Privacy policy;
• use only the subprocessors listed in the Privacy policy, tell you by email at least 30 days before adding or replacing one, and let you end the agreement if you object;
• help you answer visitors' requests about their data and meet your own obligations, and tell you without undue delay if we learn of a breach affecting their data;
• delete the data within 30 days after the agreement ends, unless the law requires us to keep some of it;
• give you the information needed to show that these obligations are met, and allow an audit where the law requires it, at reasonable notice and at your cost.

The data stays in the European Union. For the limited, temporary access we may make from the United States, the European Commission's standard contractual clauses for transfers to processors (Module Two) apply between us by this reference, with you as the data exporter and us as the importer, the optional docking clause included, Dutch law and courts chosen for the clauses, and the UK addendum and the Swiss adjustments applying to customers there. The subject matter, nature, purpose and duration of the processing, the types of data and the people concerned are as described in the Privacy policy and in section 2.

8Telegram, Framer and Stripe

The service depends on Telegram (its Bot API and your group), on Framer (where the plugin runs) and on Stripe (payment). Each has its own terms and privacy policy, which you accept when you use it, and each may change or withdraw what it offers. We are not responsible for their availability, their changes or their decisions, and if one of them makes a feature of the service impossible, that is not a breach on our part. Human Reply is not affiliated with, endorsed by or sponsored by Framer or Telegram.

9Availability and support

We run the service on servers in Frankfurt and monitor it. Maintenance and outages happen; we keep them as short as we can and tell you about planned ones in advance. We do not offer a service level agreement or credits for downtime.

Support is by email at hello@send.humanreply.app, in English, on business days. We answer as fast as we can.

10Warranty and liability

The service is provided "as is" and "as available". To the extent the law allows, we make no warranties, express or implied, including of merchantability, fitness for a particular purpose, non-infringement, or that the service will be uninterrupted or free of errors. A lead that is missed, a reply that arrives late, or a message that Telegram, Framer or a network did not deliver is not something we can guarantee against.

To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, leads, data or goodwill, however they arise. Our total liability to you under these terms, for all claims together, is limited to the amount you paid us in the twelve months before the claim arose. These limits do not apply to what the law does not allow to be limited, such as liability for fraud, gross negligence or wilful misconduct, and they do not take away rights you have as a consumer that cannot be waived.

You will defend and compensate us against claims by others that arise from your content, from your team's use of the service, or from your breach of these terms.

11Ending the agreement

By you. Cancel the plan from your dashboard at any time; the service continues to the end of the paid period. Take the bubble off your site whenever you wish. If you want the account and its data gone, email us and we delete them within 30 days, except the billing records the law requires us to keep.

By us. We may suspend or end your account if you break these terms, if the plan is not paid, if the law requires it, or if your use puts visitors, other customers or the service at risk, with notice when we reasonably can. We may also end the agreement, or discontinue the service, for any other reason with at least 30 days' notice by email; in that case we refund the part of any prepaid period you have not used.

Sections 6, 7, 10, 13 and 14 continue to apply after the agreement ends.

12Changes to these terms

We may change these terms when the service or the law changes. The current version is always at this address with its effective date. For changes that affect your rights or what you pay, we email the account address at least 30 days before they take effect, unless the law requires a change sooner. Using the service after a change takes effect means you accept it. If you do not, cancel before it applies.

13Governing law and disputes

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising from these terms or the service, and each of us submits to them. Before starting proceedings, write to us and give us 30 days to resolve the matter with you. If you are a consumer in the European Union or the United Kingdom, nothing in this section takes away the protection or the courts your local law gives you.

14The rest

These terms and the Privacy policy are the entire agreement between us about the service and replace anything earlier. If a court finds a clause unenforceable, the rest stays in force and the clause is read as narrowly as needed. Not enforcing a clause is not a waiver of it. You may not transfer the agreement without our written consent; we may transfer it to a company that takes over the service, and we tell you when we do. Neither of us is liable for a failure caused by something outside our reasonable control. Nothing here makes us partners, agents or employees of each other. Notices to you go to your account email; notices to us go to hello@send.humanreply.app.

Hella Fast, LLC
131 Continental Dr, Suite 305
Newark, DE 19713, United States