1. Acceptance of Terms
By accessing or using the services of BillyAI (heybilly.ai), you agree to be bound by these terms of use. This agreement is entered into between your business and BillyAI, a company incorporated in Quebec, Canada.
If you are using BillyAI on behalf of a business, you represent that you have the legal authority to bind that business to these terms.
2. Service Description
BillyAI is a fully managed AI automation service for businesses. It includes:
Conversational AI agents - automated response to leads and clients via SMS, email, Messenger, WhatsApp, and other configured channels, including qualification, appointment booking, customer support, dispatch, and follow-up.
Automation flows - automatically triggered workflows for business processes: CRM updates, team notifications, reminders, escalations, document generation.
Integrations - connection to your existing tools: CRM, calendars, e-commerce platforms, communication channels, payment systems.
Client portal - real-time access to your conversations, contacts, leads, appointments, and statistics, with the ability to manually take over (takeover) at any time.
Fully managed service - BillyAI handles initial setup, integrations, knowledge base (Brain) construction, testing, and ongoing maintenance. You don't have to manage the technology.
3. Eligibility and Responsibilities
Eligibility
The service is intended for businesses and professionals with the legal authority to contract in Canada. By using BillyAI, you confirm that your business is legally constituted and that you have the authority to enter into this agreement.
Your responsibilities
- Provide accurate and up-to-date information about your business, processes, and tools
- Obtain and document necessary consents from your clients and prospects before sending any automated communication through the platform, in compliance with CASL
- Protect the confidentiality of your client portal access credentials
- Notify BillyAI of any significant changes affecting your configuration (new tools, process changes, new service areas)
- Ensure that your use of BillyAI complies with laws and regulations applicable to your industry
- Maintain appropriate privacy policies with respect to your end-customers
Prohibited uses
- Sending unsolicited commercial communications (spam) or in violation of CASL
- Any fraudulent, deceptive, or illegal activity
- Harassment, intimidation, or any abusive communication
- Collecting personal data without appropriate legal basis
- Any activity violating third-party intellectual property rights
- Attempting to circumvent the platform's security measures
- Any use likely to harm the reputation or interests of BillyAI
4. Artificial Intelligence - Nature and Limits
By using BillyAI's AI agents, you acknowledge and accept the following:
AI response imperfections
AI agents generate responses based on your knowledge base (Brain) and configured instructions. Occasional inaccuracies are possible. You remain responsible for communications sent on behalf of your business through the platform.
Mandatory transparency
BillyAI agents identify themselves as virtual assistants in their interactions with your clients. They never present themselves as humans. This transparency is non-negotiable and compliant with Anthropic's requirements and industry best practices.
Processing responsibility
You are responsible for processing your end-customers' personal data. BillyAI acts as a processor according to your instructions. You must ensure that your use of AI agents complies with applicable data protection obligations, including Law 25.
Human control
You retain the ability to intervene in conversations at any time through the client portal's takeover feature. BillyAI recommends regular supervision of conversations to validate response quality, particularly during the first weeks of deployment.
5. Pricing and Payment
Pricing structure
The service includes one-time setup fees and a recurring monthly subscription based on the plan chosen (Starter, Growth, Pro, Enterprise). Setup fees are billed in two installments: 50% at signing, 50% at go-live.
Billing
Monthly subscriptions are billed at the beginning of each month by automatic payment or wire transfer. Additional conversations exceeding the monthly quota are billed in arrears.
Late payment
In the event of late payment, BillyAI reserves the right to suspend the service after 15 days written notice. Reactivation following a suspension for non-payment may incur administrative fees.
Pricing changes
BillyAI may modify its pricing with 30 days notice by email. Changes apply to the next billing cycle following the notice.
Discounts and special conditions
Granted discounts (annual payment, referral, non-profit) are documented in your service contract and apply according to the conditions specified therein.
6. Intellectual Property
BillyAI Platform
BillyAI retains exclusive ownership of the platform, its architecture, algorithms, interfaces, integration modules, and all underlying technology. You are granted a limited, non-exclusive, non-transferable license for the duration of your subscription.
Your data
You retain full ownership of all your data - configurations, knowledge base (Brain), conversations, contacts, leads, and any data generated through your use of the service. BillyAI uses this data only to provide you with the service.
Your Brain
The knowledge base configured for your agent (your Brain) is built from your business information. It belongs to you. Upon termination, you may request its export.
7. Confidentiality
BillyAI commits to maintaining strict confidentiality of all business information and customer data entrusted to it. The processing of personal data is governed by our Privacy Policy available at heybilly.ai/privacy, which forms an integral part of these terms.
8. Service Availability and SLA
BillyAI commits to maintaining 99.5% availability on a monthly basis, excluding scheduled maintenance.
Scheduled maintenance
Maintenance that may affect the service is communicated by email with a minimum of 48 hours notice, except in case of security emergency.
Unplanned interruptions
In the event of an unplanned interruption, BillyAI communicates status as soon as possible and works to restore the service as quickly as possible.
Exclusions
The SLA does not apply to interruptions caused by factors beyond BillyAI's reasonable control - third-party provider outages (Twilio, Meta, AWS, Anthropic), force majeure, or client actions.
9. Limitation of Liability
Service provision
The service is provided according to the terms described in your service contract. BillyAI does not guarantee specific business results - lead conversion, revenue generated, or any other business metric.
Liability cap
BillyAI's total liability to you, for any cause whatsoever, is capped at amounts actually paid by you during the 12 months preceding the event giving rise to the claim.
Exclusions
BillyAI shall not be liable for indirect damages, lost profits, data loss, business interruption, or consequential damages, even if BillyAI has been advised of the possibility of such damages.
CASL responsibility
You are solely responsible for CASL compliance for communications sent through the platform on behalf of your business. BillyAI is not responsible for CASL violations resulting from your configurations or instructions.
10. Indemnification
You agree to defend, indemnify, and hold BillyAI harmless from any claims, losses, damages, liabilities, and costs (including reasonable legal fees) arising from:
- Your use of the service in violation of these terms
- Communications sent through the platform on behalf of your business
- Your non-compliance with CASL, Law 25, or any other applicable law
- Claims from your end-customers regarding automated communications
- Any inaccurate information you provided to BillyAI
11. Duration and Termination
Duration
Subscriptions are month-to-month unless otherwise agreed in writing. No minimum commitment is required beyond the first month.
Client termination
You may cancel your subscription at any time with 30 days written notice sent to hello@heybilly.ai. Setup fees are non-refundable. Monthly fees for the last full month are due.
BillyAI termination
BillyAI may terminate the service immediately in case of serious violation of these terms, fraudulent or illegal activity, or persistent non-payment. In other cases, 30 days notice is provided.
Effects of termination
Upon termination, your client portal access is deactivated. Your data is retained for 30 days following the effective termination date, during which you may request a complete export (CSV/JSON). After 30 days, data is permanently deleted.
12. Modifications to Terms
BillyAI may modify these terms with 30 days notice communicated by email to your account's contact address. Continued use of the service after the notice period constitutes acceptance of the modified terms. If you do not accept the modifications, you may cancel your subscription before they take effect.
13. Governing Law and Jurisdiction
These terms are governed by the laws of Quebec and applicable Canadian federal law. Any dispute arising from these terms or the use of the service shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec.
14. General Provisions
- Entire agreement - These terms, your service contract, and our Privacy Policy constitute the complete agreement between the parties and replace any prior agreement.
- Severability - If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.
- Non-assignment - You may not assign your rights or obligations under these terms without the prior written consent of BillyAI.
- Force majeure - Neither party is liable for delays or failures caused by events beyond its reasonable control - internet infrastructure outages, natural disasters, government actions.
- Language - These terms are drafted in French. In the event of discrepancy between a French and English version, the French version prevails.
15. Contact
Questions about terms: hello@heybilly.ai
Privacy questions: privacy@heybilly.ai
Website: heybilly.ai