Privacy Policy
Halyard Terms of Service
Last updated: [EFFECTIVE DATE]
These terms cover two things: use of this website, and the terms on which [LEGAL ENTITY] ("Halyard," "we," "us") provides its managed inbound service to a client ("you").
If you have signed an order form, statement of work, or separate agreement with us, that document governs where it conflicts with these terms.
1. What the service is
Halyard answers inbound calls, text messages, and web form submissions on your behalf, qualifies each inquiry against rules you set, books qualified jobs into your scheduling software, and runs follow-up sequences with people who did not book on first contact. You receive a monthly report covering inquiries received, jobs booked, and the revenue attached to them.
The specific scope, phone numbers, integrations, and intake logic for your business are set during onboarding and documented before anything goes live. You approve the call script before the line switches over.
2. What you are responsible for
The service runs on your phone line, your brand, and your customer relationships. That means several obligations sit with you, and they matter more than the usual boilerplate:
Authorization. You confirm you own or control the phone numbers, website, and scheduling accounts you ask us to connect, and that you have the authority to let us act on your behalf.
Consent for calls and messages. You are responsible for making sure that contacting your leads and customers by phone and text is lawful, including under the Telephone Consumer Protection Act and any state equivalent. Halyard responds to people who contacted you first. If you ask us to message a list you supplied, you confirm you have the consent required to do so.
Accurate configuration. Service area, job types, pricing rules, and availability come from you. The system books what your rules tell it to book.
Your obligations to your customers. The work quoted, scheduled, and performed is yours. Halyard books appointments. It does not perform, price, or warrant the underlying work.
Prompt review. Inquiries flagged for your review are held, not booked. You are responsible for checking them.
[LEGAL REVIEW: this section plus the indemnity in section 11 is what keeps a client's consent failure from becoming your liability. Do not soften either one to close a deal.]
3. Fees and payment
Setup is a one-time fee, invoiced before onboarding begins and non-refundable once configuration work has started. The monthly fee is billed in advance on the same day each month and is charged automatically to the payment method on file.
Fees do not include taxes, telecom pass-through charges, or fees you owe to third-party platforms such as your scheduling software. Invoices unpaid after [15] days may result in the service being suspended. We will tell you before that happens.
Founding client pricing, where offered, applies for as long as the engagement remains continuous.
4. Term and cancellation
The initial term is [three months] from the go-live date. After that the agreement continues month to month. Either party may cancel with [30] days written notice, effective at the end of the current billing month. Fees already paid are not refunded.
If you cancel, we will return your call recordings, transcripts, and lead records in a standard export format, and release any phone number we manage for you so it can be ported back. Your number and your customer data are yours. We will delete our copies within [90] days of the engagement ending, unless you ask us to do it sooner.
We may terminate immediately if fees go unpaid after notice, or if the service is being used in a way that breaks section 6.
5. What we do and do not guarantee
We commit to answering every inbound call, text, and form submission routed to the service, on a continuous basis, and to correcting configuration errors promptly once identified.
We do not guarantee a specific number of booked jobs, a specific revenue outcome, or a specific conversion rate. Results depend on your demand volume, your pricing, your service quality, and market conditions, none of which we control.
The service depends on third-party telephony, AI, and scheduling providers. Outages, rate limits, or changes at those providers can interrupt the service. When that happens we will tell you what happened and what we did about it. We do not accept liability for the underlying provider's failure.
Halyard is an automated system. It will occasionally mishandle a call. The design intent is that it fails toward flagging an inquiry for you rather than booking something wrong, and we will fix specific failure patterns as they are identified.
6. Acceptable use
You may not use the service to place unsolicited outbound marketing calls or texts, to contact people who have opted out, to collect payment card or health information, or for any purpose that is unlawful or that violates the terms of a connected platform. Halyard is built for inbound demand you already generate.
7. Data ownership
You own your customer data: the leads, call recordings, transcripts, bookings, and reports generated for your business. You grant us the license needed to process that data to deliver the service and, in de-identified and aggregated form only, to improve how the service performs.
We own the platform: the agent architecture, prompts, qualification logic, workflows, integrations, and any configuration or improvement developed while delivering the service, including work developed while serving you. You get a license to use it for the duration of the engagement. Nothing about the engagement transfers ownership of that work to you.
8. Confidentiality
Each party will keep the other's non-public business information confidential and use it only to perform under these terms. This survives termination.
9. Publicity
We may identify you as a client by name and logo, and reference results from your engagement, only with your written approval of the specific wording. You can withdraw that approval at any time and we will remove the reference.
10. Disclaimer and limitation of liability
The service is provided as is, without warranties of any kind beyond those stated in section 5.
Neither party is liable for indirect, incidental, consequential, or punitive damages, or for lost profits or lost revenue. Our total liability for any claim arising out of the service is limited to the fees you paid us in the [three] months before the claim arose.
These limits do not apply to your obligation to pay fees, to either party's breach of confidentiality, or to the indemnity obligations below.
11. Indemnity
You will indemnify us against claims arising from your failure to obtain consent required to contact your leads and customers, from the work your business performs or fails to perform, from data you instructed us to process, and from your breach of section 6.
We will indemnify you against claims that the Halyard platform infringes a third party's intellectual property rights.
12. Changes to these terms
We may update these terms. Material changes affecting an active engagement will be sent to you by email at least [30] days before they take effect. Continuing to use the service after that means you accept the updated terms.
13. Governing law and disputes
These terms are governed by the laws of [STATE], without regard to conflict of law rules. Both parties agree to try to resolve any dispute directly first. If that fails, disputes will be resolved in the state or federal courts located in [COUNTY, STATE], and both parties consent to that jurisdiction.
14. Website use
The content on this site is provided for information about the service. It is not a quote, a warranty, or professional advice. The Halyard name, mark, site design, and content are ours, and may not be copied or reused without permission. Links to third-party sites are provided for convenience and we are not responsible for what is on them.
15. Contact
[LEGAL ENTITY][BUSINESS ADDRESS][david@halyardai.com]
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