1. Introduction and Acceptance

1.1. Hey Zoe ("Hey Zoe", "we", "us") operates heyzoe.io, a WhatsApp-based AI messaging platform for businesses (the "Service").

1.2. "Customer" or "you" means the business that subscribes to the Service. "End User" means any person who communicates with the Customer through the Service. "Zoe" means the AI assistant provided as part of the Service.

1.3. By completing payment for a subscription, checking the acceptance box on the payment page, or using the Service, you confirm that you have read and agree to these Terms. If you do not agree, do not use the Service.

1.4. The Service is intended for businesses only. By accepting these Terms, you confirm that you are authorized to bind the Customer.

2. The Service and Plans

2.1. The Service may include: automated WhatsApp messaging through Zoe; a business dashboard for conversations, contacts and knowledge; message templates, campaigns and automated triggers; integrations with third-party systems such as the Customer's CRM or booking system; and analytics.

2.2. The features included in your subscription are those of the plan you purchased, as presented to you at the time of purchase or as later updated under Section 7. We may add, change or remove features from time to time, provided that we do not materially reduce the core functionality of your plan without notice under Section 7.3.

3. Customer Responsibilities

3.1. You will not use the Service for spam, harassment, deception or any unlawful activity, and you will comply with WhatsApp's and Meta's terms and policies.

3.2. You are solely responsible for all content sent through the Service on your behalf, including messages generated by Zoe, templates, campaigns and automated messages.

3.3. You are solely responsible for obtaining and documenting any consent required by law before sending marketing or promotional messages to End Users, including under section 30A of the Israeli Communications Law (Telecommunications and Broadcasting), 1982, and for honoring opt-out requests. End Users may opt out by sending "הסר" in the conversation or by using an opt-out button where available; the Service will stop marketing messages to that End User once the request is received.

3.4. You are responsible for keeping the information Zoe relies on accurate and up to date, including prices, schedules, policies, offers and knowledge entries in the dashboard, and for reviewing conversations regularly.

3.5. You decide whether and how to inform End Users that they are communicating with an AI assistant, and you are responsible for any disclosure required by law applicable to you.

3.6. You will keep dashboard credentials confidential and limit access to authorized members of your business. You are responsible for all activity under your account.

4. The AI Assistant

4.1. Zoe generates responses automatically using artificial intelligence, based on the information you provide and the conversation context. AI-generated responses may be inaccurate, incomplete, out of date or inappropriate for a particular situation, and are not reviewed by a human before they are sent.

4.2. Zoe is a sales and customer-communication tool. It does not provide medical, health, legal or financial advice, and responses must not be relied upon as such.

4.3. Hey Zoe does not guarantee any specific result, including any number of leads, sales, bookings or conversions.

4.4. Any price, offer, commitment or statement made by Zoe that does not match the information you provided to the Service does not bind Hey Zoe. As between you and your End Users, you are responsible for how such statements are handled.

4.5. If you become aware of an incorrect or inappropriate response, you should correct the relevant information in the dashboard and notify us at office@heyzoe.io so we can review it.

5. Automated Actions and Integrations

5.1. Where you enable it, the Service may perform actions on your behalf in connected third-party systems, such as your CRM or booking system - for example creating leads or tasks, registering End Users to classes, or sending automated messages based on triggers you configure.

5.2. These actions depend on the availability, accuracy and behavior of the third-party systems and their APIs, which Hey Zoe does not control. Hey Zoe is not responsible for errors, delays, duplicates or failures caused by third-party systems or by incorrect configuration or data in your account.

5.3. You are responsible for reviewing the triggers and automations you enable and for monitoring the actions taken in your connected systems. If you notice an error, notify us promptly so we can investigate.

5.4. By connecting a third-party system, you authorize Hey Zoe to access and process the data in that system to the extent needed to provide the Service. Your use of that system remains subject to its own terms.

6. WhatsApp Numbers and Meta Fees

6.1. Your own number. If the Service runs on a WhatsApp number that belongs to you, you remain its owner. Upon termination, we will disconnect the Service from the number. Restoring or migrating the number to another provider or app is your responsibility, and we will provide reasonable cooperation.

6.2. A number provided by Hey Zoe. If we provide a number as part of the Service, it remains our property and is allocated to you only during an active subscription. Upon termination, your access to it ends and the number may be reassigned.

6.3. Meta fees. The subscription covers the Hey Zoe platform only. Meta may charge per-message fees on your WhatsApp Business Account according to its current rates and message categories, which Meta sets and may change. You are responsible for these fees and for keeping a valid payment method with Meta.

6.4. Meta and WhatsApp may restrict, suspend or change the WhatsApp Business Platform, your account, your number or your templates at their discretion. Hey Zoe is not responsible for such actions or their consequences.

7. Subscription, Payment and Pricing

7.1. The Service is billed monthly in advance through iCount and renews automatically each month until cancelled under Section 8. Prices are stated before VAT unless otherwise noted, and VAT is added as required by law.

7.2. There is no minimum commitment period and no setup fee, unless agreed otherwise in writing.

7.3. We may change prices or plans by giving at least 30 days' notice by email or WhatsApp. The new price applies from the first billing cycle after the notice period ends. If you do not accept the change, you may cancel under Section 8.

7.4. Promotional or introductory prices apply only for the period stated in the offer. When that period ends, the subscription continues automatically at the regular price of your plan unless you cancel.

7.5. Payments are non-refundable, including for partial months, except as required by law.

7.6. If a payment fails, we may suspend the Service until payment is completed. If payment is not completed within 14 days, we may terminate the subscription.

8. Cancellation and Termination

8.1. Cancellation by you. You may cancel at any time by written notice to office@heyzoe.io. The subscription ends 30 days after we receive the notice, and the Service continues to operate until then. You will be charged for that 30-day period only: any part of it not already covered by a previous payment will be charged on a pro-rated basis, and no further charges will be made. A Customer who joined at an introductory price before these Terms took effect may cancel at the end of the introductory period without the 30-day notice.

8.2. Termination by us without cause. We may end the subscription for any reason by giving you at least 30 days' notice. In that case, you will not be charged for any period after the termination date.

8.3. Termination by us for cause. We may suspend or terminate the Service immediately, with or without notice, if: you fail to pay as described in Section 7.6; you breach these Terms or Meta's policies; your use exposes Hey Zoe, Meta or End Users to legal, security or reputational risk; or Meta restricts or suspends your WhatsApp account or number.

8.4. Upon termination, your access to the dashboard ends, the Service is disconnected from your WhatsApp number, and your data is handled as described in Section 9.6.

9. Data and Privacy

9.1. Roles. As between the parties, you are the owner of the database and controller of End User data, and Hey Zoe processes that data on your behalf in order to provide the Service. You are responsible for having a lawful basis to collect End User data and to share it with the Service.

9.2. What we store. The Service stores WhatsApp conversations, contact details and related data processed through the platform, as well as data received from systems you connect.

9.3. Access by Hey Zoe. Authorized Hey Zoe personnel may access your data as needed to provide, maintain, secure, support and improve the Service, including reviewing conversations to fix errors and improve response quality. Access is limited to what is necessary for these purposes.

9.4. Service providers. We use third-party service providers to operate the Service, including cloud hosting and database providers, AI model providers, Meta / WhatsApp and related messaging providers, payment processing (iCount), the CRM or booking systems you connect, and software development and support tools. These providers process data only as needed to provide their services to us. We do not sell your data or End User data.

9.5. Product improvement. We may use data from the Service in aggregated or de-identified form to analyze, develop and improve the Service. We will not publish or share such data in a way that identifies you or your End Users.

9.6. Retention and deletion. After termination, we will delete or de-identify your data within 90 days, unless we are required by law to retain it. You may request deletion earlier, or at any time during the subscription, by writing to office@heyzoe.io; we will process the request within 30 days. Residual copies in backups are deleted in the ordinary course of backup rotation. We are not obligated to provide an export of conversation data, but may do so on request at our discretion.

9.7. Security. We take reasonable technical and organizational measures to protect data, but no system is completely secure. We will notify you without undue delay of a security incident that affects your data, as required by law.

9.8. For more details, see our Privacy Policy at https://heyzoe.io/privacy.

10. Service Availability

10.1. We make reasonable efforts to keep the Service available and working properly, but the Service is provided "as is" and "as available", without a guaranteed uptime or response time.

10.2. The Service may be interrupted by maintenance, updates, or failures of third parties we rely on, including Meta / WhatsApp, AI model providers, hosting providers and connected CRM systems. Hey Zoe is not responsible for interruptions caused by such third parties or by events beyond our reasonable control.

10.3. Where reasonably possible, we will notify you in advance of planned maintenance that is expected to significantly affect the Service.

11. Limitation of Liability and Indemnification

11.1. To the maximum extent permitted by law, Hey Zoe will not be liable for any indirect, incidental, special or consequential damages, including loss of profits, revenue, leads, customers, data or goodwill, arising from or related to the Service.

11.2. To the maximum extent permitted by law, Hey Zoe's total liability for all claims arising from or related to the Service is limited to the amount you paid for the Service in the 3 months preceding the event giving rise to the claim.

11.3. Without limiting the above, Hey Zoe is not liable for: content or responses generated by Zoe, including inaccurate or inappropriate responses; messages, templates or campaigns sent through your account; actions taken in connected third-party systems; or acts and omissions of Meta / WhatsApp and other third parties.

11.4. The limitations in this Section do not apply to damages caused by Hey Zoe's intentional misconduct or gross negligence, or where the law does not allow such limitation.

11.5. You will indemnify Hey Zoe for any claim, damage, fine or reasonable expense (including legal fees) arising from your content, your breach of these Terms or of applicable law, or your failure to obtain consent required for messages sent to End Users. We will notify you promptly of any such claim and allow you to take part in its defense.

12. General

12.1. Changes to these Terms. We may update these Terms from time to time. We will notify active Customers of material changes by email or WhatsApp at least 30 days before they take effect. Continued use of the Service after that date constitutes acceptance. If you do not agree, you may cancel under Section 8.1.

12.2. Language. These Terms are published in Hebrew and in English. In case of any discrepancy, the Hebrew version prevails.

12.3. Governing law. These Terms are governed by the laws of the State of Israel. The competent courts of Tel Aviv-Jaffa will have exclusive jurisdiction over any dispute.

12.4. Entire agreement. These Terms, together with the Privacy Policy and any written agreement signed with you, are the entire agreement between the parties regarding the Service.

12.5. Contact. Hey Zoe · office@heyzoe.io · https://heyzoe.io