Marketplace Terms of Service: Hirely (Hirely, "we")

Effective: October 15, 2026. Governing law: Pennsylvania.

1. Who these terms cover

Businesses of any type ("Customer," "you") that subscribe to AI agents sold on this site (the "Marketplace"). The service is business-to-business only. You must be 18 or older and authorized to bind your business. Consumers may not buy for personal use.

2. The Marketplace and the agents

We build, sell, and run our own AI agents (each one an "Agent"), listed by category (for example customer service, scheduling, lead response, follow-up, reviews, and back-office tasks). Each listing describes what the Agent does, its channels, and its limits. Agents are software tools. You are the sender and the business of record for every message, call, or action an Agent takes for your business.

3. Eligibility and restricted industries

Some industries are gated (extra onboarding, contract terms, or an attestation) or blocked (see regulated-niches.md, which is incorporated by reference). You must pick your industry accurately at signup and tell us if it changes. We may refuse, limit, or end service for any industry we consider too risky.

4. Your responsibilities

(a) You are solely responsible for complying with all laws that apply to your business and your use of Agents, including telemarketing and texting (TCPA, state mini-TCPAs, Do-Not-Call), email (CAN-SPAM), privacy, consumer protection, advertising, anti-discrimination, licensing, and industry rules. (b) You get and keep every consent your contacts must give, and give us accurate consent records. (c) You supply accurate business identity (legal name, EIN, address) for carrier (A2P 10DLC) registration. (d) You review, configure, and approve Agent behavior, including owner-approval mode during onboarding. (e) You follow the Acceptable Use Policy (acceptable-use.md, incorporated by reference). (f) You keep your logins secure and are responsible for activity under your account. (g) You don't upload data you have no right to use.

5. AI limitations

AI output can be wrong, incomplete, or out of date. Agents do not give legal, medical, financial, tax, insurance, engineering, or other professional advice and are not a substitute for a licensed professional. You are responsible for any prices, quotes, commitments, warranties, or decisions you approve or configure. Agents always identify themselves as automated (ai-disclosure.md), and you may not change that.

6. Listings and disclaimers

Listing descriptions, sample outputs, and example results are illustrations, not guarantees. Each listing carries the disclaimers in listing-disclaimers.md. Features may change. We'll give notice before removing a feature you're paying for.

7. Fees and billing

Subscription fees per the plan you choose are billed in advance via our payment processor (Stripe). We never see or store your full card number. Setup fees are non-refundable once onboarding starts. Usage-based and carrier/telecom pass-through fees (for example messaging, phone numbers, registration) may apply as shown at checkout. Monthly plans can be cancelled anytime, effective at the end of the current billing period; there are no refunds for partial periods unless the law requires them. Prices may change with 30 days' notice. Taxes are extra where they apply.

8. Trials, pilots, and promotions

These are governed by the written offer terms. Unless cancelled, a trial converts to a paid plan at its end.

9. Data and privacy

Our Privacy Policy and Data Processing Addendum apply. You own your data and your customers' data ("Customer Data"). You grant us a limited license to process it only to provide, secure, and support the service and to meet legal duties. We don't sell Customer Data, and we don't let third-party model providers train on it. [Decision: whether de-identified, aggregated data may be used to improve our own Agents.] We do not process protected health information (PHI) unless a signed Business Associate Agreement is in place for a HIPAA-enabled plan. Until that program exists, don't send PHI through the service.

10. Suspension and the kill switch

We may pause or disable any Agent or account immediately, without prior notice, for suspected unlawful or prohibited use, carrier or platform complaints, security risk, or nonpayment. We will never suspend, penalize, or charge you because you posted an honest review or complaint about us. We will tell you promptly and work with you to restore service where appropriate.

11. Third-party services

Agents rely on third-party services (for example telecom carriers, Twilio, model providers, calendars, CRMs, payment processors). Their terms apply to your use of them, and we aren't responsible for their outages, changes, or carrier filtering.

12. Intellectual property

We own the Marketplace, the Agents, and their prompts, workflows, and improvements. This does not include your reviews, ratings, or public comments about us, which remain yours (see §19). You get a non-exclusive, non-transferable right to use subscribed Agents for your internal business during your subscription. You own Agent outputs created for you, subject to third-party rights. Don't reverse engineer, resell, or extract our Agents or prompts.

13. Warranty disclaimer

The service is provided "as is" and "as available." We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee leads, sales, bookings, revenue, uptime, or error-free output.

14. Limitation of liability

Except for your payment obligations, your indemnity duties, and either party's willful misconduct, each party's total liability is capped at the fees paid or payable in the 12 months before the claim. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits.

15. Indemnity

You will defend and indemnify us against claims arising from your messages and calls, missing or invalid consents, your data or content, your industry's regulatory requirements, or your breach of these terms or the Acceptable Use Policy. We will defend and indemnify you against third-party claims that the Marketplace software itself infringes intellectual property.

16. Disputes

Informal negotiation for 30 days first, then [binding arbitration (AAA Commercial Rules) in Allegheny County, PA / the state or federal courts in Allegheny County, PA].

17. Changes and termination

We'll give 30 days' notice of material changes. After termination you can export your data for 30 days; after that we delete it, except records we must keep (such as consent and opt-out logs, retained 5 years).

18. General

Entire agreement; severability; no waiver; assignment only with consent (except in a merger or sale); force majeure; notices to our request form.

19. Your right to post honest reviews

Nothing in these Terms, the Acceptable Use Policy, any order form, pilot or founding offer, or any other agreement with us restricts your right to post an honest review, rating, or other assessment of us, our Agents, or our service, on our marketplace or anywhere else, or penalizes you for doing so. We claim no ownership of, and no exclusive rights in, your review content. With your post on our marketplace, you give us only a non-exclusive license to display it there. We will not charge a fee, withhold a discount or refund, or take legal action because of an honest review. We may remove a marketplace review only for the narrow reasons in our published Review Guidelines (illegal content, private personal data, threats or harassment, clearly unrelated content, spam), applied the same way to positive and negative reviews. This section follows the Consumer Review Fairness Act (15 USC 45b) and overrides any conflicting term.