Terms of Service

Last updated: April 8, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Hercules Live ("Hercules," "we," "us," or "our"). By creating an account or using our services, you agree to be bound by these Terms.

If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2. Description of Service

Hercules provides AI-powered voice agents that answer phone calls on behalf of businesses ("the Service"). The Service includes:

  • AI voice agents that handle inbound phone calls
  • Call summaries and transcripts
  • Appointment scheduling
  • Email and SMS notifications
  • Customer data capture
  • Outbound calling campaigns (Enterprise plans)
  • A web-based portal for configuration and management

3. Account Registration

To use the Service, you must:

  • Create an account with accurate and complete information
  • Be at least 18 years of age
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access to your account

You are responsible for all activities that occur under your account.

4. Subscription Plans & Billing

4.1 Plans

We offer subscription plans (Starter, Pro, and Enterprise) with different features and usage limits. Current pricing and plan details are available at hercules.live/pricing.

4.2 Billing

  • Subscriptions are billed monthly or annually, depending on the plan you choose
  • Payment is due at the beginning of each billing cycle
  • All fees are in US Dollars (USD) and are non-refundable except as described in Section 4.5
  • We reserve the right to change pricing with 30 days' notice

4.3 Overage

If your remaining plan minutes fall to 10 minutes or below, additional minutes are automatically purchased (top-up) in increments specified in your plan at the overage rate and charged to your payment method on file. By subscribing, you authorize these automatic top-up charges. Top-up details are visible in your account dashboard.

4.4 Additional Phone Numbers

Each plan includes one phone number. Additional phone numbers are available at $10/month each and will be added to your monthly bill.

4.5 14-Day Money-Back Guarantee

New customers may request a full refund within 14 days of their initial subscription purchase. To request a refund, contact us at [email protected]. This guarantee applies to first-time subscriptions only — it does not apply to renewals, plan upgrades, or downgrades.

4.6 Cancellation

You may cancel your subscription at any time. For monthly subscriptions, cancellation takes effect at the end of your current billing cycle. For yearly subscriptions, you will retain access to the Service until the end of your paid annual term. No prorated refunds are provided for unused time within a billing period.

5. Acceptable Use

You agree not to use the Service to:

  • Make or facilitate illegal, fraudulent, or deceptive calls
  • Conduct unsolicited telemarketing or spam calls
  • Harass, threaten, or abuse any person
  • Violate any applicable law, regulation, or telecommunications rule
  • Impersonate another person or entity without authorization
  • Transmit malicious code or attempt to compromise the Service
  • Use the Service to collect sensitive personal data (health, financial, legal) without appropriate consent and safeguards
  • Exceed fair usage limits in a way that degrades service for other customers
  • Resell, sublicense, or offer the Service to third parties as your own product
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Use the Service to build a competing product or service

We reserve the right to suspend or terminate your account for violations of this policy without refund.

6. AI Disclaimer & Limitations

The Service uses artificial intelligence to handle phone calls. AI is not perfect. By using the Service, you acknowledge and agree that:

  • AI-generated responses may contain errors, inaccuracies, or inappropriate content
  • AI-generated call summaries and transcripts may be incomplete or inaccurate
  • AI-booked appointments should be verified by you
  • The AI agent acts based on the instructions and configuration you provide — you are responsible for ensuring those are accurate and appropriate
  • The Service does not replace professional human judgment
  • Callers interact with an AI agent, not a human

AI Disclosure Requirement: Multiple jurisdictions (including the US under FCC rules and the EU under the AI Act) require that callers be informed they are speaking with an AI within the first seconds of the call. You are solely responsible for ensuring your AI agent's greeting includes appropriate AI disclosure language and complies with all applicable laws in your jurisdiction. We may include a default AI disclosure statement in your agent's greeting — you should not remove or modify this disclosure without understanding the legal requirements in your jurisdiction. Removing or omitting AI disclosure may violate applicable law.

You use the Service at your own risk. We do not guarantee that the AI will handle every call correctly or that its responses will be appropriate for every situation.

7. Your Responsibilities

As a Customer, you are responsible for:

  • Providing accurate agent configuration, greetings, and instructions
  • Reviewing call summaries and verifying appointment bookings
  • Complying with all applicable laws regarding call recording, data collection, and AI disclosure in your jurisdiction
  • Obtaining any required consent from callers (for recording, data collection, etc.)
  • Ensuring that the information your AI agent provides to callers is accurate

8. Call Recording & Caller Consent

The Service records and transcribes phone calls to provide summaries and improve quality. Some jurisdictions require all-party consent for call recording (two-party consent). You are solely responsible for:

  • Determining the call recording consent requirements in your jurisdiction and the jurisdictions of your callers
  • Ensuring appropriate consent is obtained, including configuring your AI agent's greeting to notify callers that the call may be recorded
  • Complying with all applicable wiretapping, eavesdropping, and call recording laws

Hercules Live is not liable for any claims arising from your failure to obtain required caller consent.

9. Intellectual Property

The Service, including its software, design, content, and technology, is owned by Hercules Live and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your business purposes.

You retain ownership of your data, including call recordings, transcripts, and customer information. You grant us a limited license to process this data solely to provide the Service.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

  • The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied
  • We do not warrant that the Service will be uninterrupted, error-free, or secure
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of business, revenue, customers, data, or reputation
  • Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid to Hercules in the 12 months preceding the claim

11. Indemnification

You agree to indemnify and hold Hercules Live, its officers, employees, and agents harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law
  • The instructions, configuration, or content you provide to the AI agent
  • Any interaction between your AI agent and callers

12. Service Availability & Force Majeure

We strive to maintain high availability but do not guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify you of planned downtime in advance.

We are not liable for any losses resulting from service interruptions, including those caused by events beyond our reasonable control (force majeure), such as natural disasters, power outages, internet infrastructure failures, third-party service provider outages (including but not limited to OpenAI, Twilio, and cloud hosting providers), government actions, or other circumstances beyond our control.

13. Termination

We may suspend or terminate your account if:

  • You violate these Terms or the Acceptable Use policy
  • Your payment method fails and is not resolved within 14 days after notification
  • We are required to do so by law
  • We discontinue the Service (with 30 days' notice)

Upon termination, your right to use the Service ceases immediately. Phone numbers provisioned through the Service are owned by Hercules Live and will be released upon account termination — they cannot be ported or transferred. We will retain your data for 12 months after termination, during which you may request an export. After this period, your data will be deleted.

14. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by email and by posting the updated Terms on our website at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of Israel. Any disputes arising from these Terms or the Service shall be resolved in the competent courts of Tel Aviv-Jaffa, Israel.

16. General

  • Entire Agreement — These Terms, together with the Privacy Policy and any applicable Data Processing Agreement (DPA), constitute the entire agreement between you and Hercules regarding the Service
  • Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions remain in effect
  • Waiver — Failure to enforce any provision does not constitute a waiver of that provision
  • Assignment — You may not assign your rights under these Terms without our consent. We may assign our rights in connection with a merger, acquisition, or sale of assets

17. Contact Us

If you have questions about these Terms, contact us at:

Hercules Live
Email: [email protected]
Website: hercules.live