The rules of the game.
1. The service
HIVRA is a software-as-a-service platform operated by MOUV USA LLC DBA HIVRA, New York, USA (“HIVRA”, “we”). It provides AI agents that answer your customers on WhatsApp, Instagram, Messenger, SMS and phone, plus campaigns, contacts, bookings and payment links, on behalf of your business (“you”). By creating an account or using the service you agree to these terms and to our privacy policy. If you accept on behalf of a business, you confirm you have authority to bind it.
You must be at least 18 and use HIVRA for a business, not as a consumer. We may update these terms; material changes are emailed to the operators of active accounts before they take effect, and continued use after that date is acceptance.
2. Accounts
- You need an active account. You are responsible for your credentials and for everyone you invite.
- You must give accurate business information. Meta, the carriers and the payment processors verify it, and a rejected verification is not a failure of the service.
- We may suspend an account that puts the platform, other customers or the carriers at risk.
3. Plans, credits and charges
- Subscription. Plans are billed monthly, in advance, in US dollars through Stripe, at the price shown on the pricing page when you subscribe. Your subscription renews automatically every month until you cancel. You can cancel at any time from Settings → Billing; cancellation takes effect at the end of the paid period.
- HIVRA credits. Each plan includes a monthly pool of HIVRA credits. Using HIVRA consumes credits — AI-answered messages, AI call minutes, the AI agents and tools, and calls to connected services such as MindBody. The pricing page and Settings → Billing show how many credits each action uses. Unused credits do not roll over to the next month.
- Usage beyond your pool. When the pool runs out HIVRA keeps working, and additional credits are charged to your payment method in top-up packs, up to the monthly maximum you set in Billing. The spending alert you set there warns you; it does not stop the service. You are responsible for all credits used on your account.
- Other charges, at the rates shown when you take them: phone numbers HIVRA provides (setup and monthly fee), a percentage of the ad spend on campaigns HIVRA publishes for you, and credit packs you buy.
- Third-party fees are yours. Meta’s WhatsApp messaging charges, carrier and telephony fees, payment-processor fees on payments you collect, and the subscriptions of apps you connect are billed by those providers or passed through to you at cost.
- Plan changes. An upgrade applies immediately; a downgrade takes effect at your next renewal.
- Free trial. New accounts get 3 days free. Trials have usage limits, and some features (publishing ads or social posts, paid searches) unlock with a paid plan. If you do not add a payment method, the trial ends and nothing is charged.
- Price changes. We give at least 30 days’ notice by email or in the app before a price or credit rate for your plan changes. The change applies from your next billing period, and you can cancel before then.
- Taxes. Prices exclude taxes; where we must collect sales tax, VAT or similar, it is added to your invoice.
- No refunds. Payments, credit packs and top-ups are non-refundable, including unused time, credits or partial months. Credits cannot be transferred or exchanged for cash.
- Failed payments. If a charge fails we retry it, and the account may be limited or suspended until it is paid. Amounts already used remain due, including on cancellation.
- Billing disputes. Tell us about a disputed charge within 30 days at support@hivra.ai, and do not withhold or offset other amounts while it is reviewed. Opening a card chargeback without contacting us first may suspend the account, and we may recover the fees it costs us.
4. Your customers, your consents
You are the sender of record for every message and call HIVRA places for you, and the controller of your customers’ data. HIVRA acts as your service provider. You agree that:
- You obtain and keep proof of every consent the law requires before messaging or calling someone: prior express written consent for marketing texts and for AI or prerecorded-voice calls (TCPA and state equivalents), opt-in for WhatsApp marketing (Meta’s Business and Commerce policies), and CAN-SPAM compliance for email.
- You honour opt-outs. HIVRA processes STOP (and HELP, through the carrier) on SMS automatically and stops sending; every other opt-out — “do not call me”, a WhatsApp block, an email unsubscribe — is yours to honour, and you must not re-add someone who opted out.
- You register your SMS use case truthfully (A2P 10DLC) and keep your hosted privacy and terms pages accurate for your business.
- You tell your customers when they are talking to an AI where the law requires it. HIVRA’s agent identifies itself as an AI assistant whenever asked and, in text, at the start of the conversation on US accounts; you must not configure it to deny being an AI.
- You do not send HIVRA data you are not allowed to share with a processor, and in particular you do not use HIVRA to collect or discuss protected health information unless HIVRA has signed a business associate agreement with you (it has not, by default). WhatsApp and SMS are not HIPAA-eligible channels.
- You respond to your customers’ privacy requests; HIVRA forwards any it receives to you and helps you fulfil them.
5. Acceptable use
You may not use HIVRA to:
- send spam or unsolicited messages to people who did not opt in;
- distribute content that is illegal, fraudulent, defamatory, or infringes someone’s rights;
- impersonate anyone, evade WhatsApp’s or the carriers’ anti-spam systems, or break Meta’s or the carriers’ policies;
- sell regulated goods (drugs, weapons, gambling, adult services) or run a business the payment processors prohibit;
- reverse-engineer, scrape, overload or attempt to compromise the platform.
We may suspend or terminate an account without refund for a material breach of these terms, and we will comply with a carrier or platform demand to stop traffic.
6. AI output
The AI agent generates replies from your knowledge base, your integrations and the conversation. It can be wrong. You are responsible for reviewing what it is taught, for the prices and policies it quotes, and for the outcome of the conversations it holds on your behalf. HIVRA gives you the tools to correct it, take over, and pause it; you agree to use them. AI output is not legal, medical or financial advice.
7. Payments you collect
Customer payments run through your own Stripe or PixelPay account under those providers’ agreements. HIVRA never holds your customers’ funds and never sees full card numbers. When you use Stripe Connect through HIVRA, HIVRA collects the application fee shown in Billing. Refunds, chargebacks, receipts, and the refund policy you post are your responsibility.
8. Third-party services
HIVRA depends on Meta, Google, the carriers, payment processors, AI model providers and the other categories of providers listed in the privacy policy. Their terms apply to your use of their features through HIVRA, and we are not responsible for their outages, policy changes or decisions (for example a WhatsApp number restriction or an A2P campaign rejection).
9. Your data and our intellectual property
- You own your data: your knowledge base, contacts, conversations and content. You grant HIVRA a licence to use it only to provide the service to you.
- HIVRA owns the platform, the agents, the templates and everything we build. You get a limited, non-exclusive, non-transferable right to use them while your subscription is active.
- Feedback you give us may be used without obligation.
- Both sides keep the other’s non-public information confidential.
10. Termination
You can cancel any time from Billing. We can terminate for breach, for non-payment, or if we discontinue the service with 30 days’ notice. Charges already incurred, including credits used, remain due after termination. After termination your data is kept for 90 days and then deleted as described in the privacy policy; you can export it before then and can ask for earlier deletion at data deletion.
11. Disclaimers
HIVRA is provided “as is” and “as available”. We do not guarantee uninterrupted service, message delivery by the carriers or platforms, or any marketing, sales or conversion result. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of liability
To the fullest extent the law allows, HIVRA’s total liability for any claim arising from the service is limited to the amounts you actually paid us in the 12 months before the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential or punitive damages, lost profits, lost data, or service interruptions caused by third-party providers. Some states do not allow some of these limits; in those states they apply to the extent permitted.
13. Indemnification
You will defend and indemnify HIVRA against claims, fines and costs arising from your content, your use of the service, or your breach of these terms — including any claim by a person you messaged or called without the consent the law required.
14. Governing law and disputes
These terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Before filing a claim, either side will write to the other and try to resolve it informally for 30 days. Disputes that are not resolved are brought exclusively in the state or federal courts located in New York County, New York, and both sides consent to their jurisdiction. Each side waives a jury trial and agrees to bring claims only individually, not as a class.
15. General
These terms, the privacy policy and your plan’s order page are the whole agreement. If a clause is unenforceable the rest stands. You may not assign the agreement without our consent; we may assign it to a successor. Notices to you go to the operator email on the account; notices to us go to the address below.
Contact
MOUV USA LLC DBA HIVRA, New York, USA · legal@hivra.ai.