Legal

Terms of Service

The agreement between H3llo and businesses subscribing to our service.

Effective date: 20 July 2026

These Terms of Service ("Terms") are an agreement between KaptiNET Limited, trading as H3llo ("H3llo", "we", "us"), a company registered in New Zealand, and the business that subscribes to the Service ("Customer", "you").

By signing an Order, using the Portal, or provisioning users on the Service, you agree to these Terms on behalf of your business. If you are accepting on behalf of a business, you confirm you have authority to bind it.

1. Definitions

  • Service — the H3llo phone platform: AI-powered call answering, voice lines, the H3llo Portal, the H3LLO Phone apps (iOS, Android, and desktop), and related features we make available to you.
  • Order — an accepted proposal, order form, or other written agreement between you and H3llo setting out the plans, pricing, and term for your subscription.
  • Authorised User — a member of your staff you provision to use the Service.
  • Caller — any person who calls, or receives a call from, a phone number connected to the Service.
  • Customer Data — data you or your Authorised Users submit to the Service, and data generated by your use of it, including call recordings, transcripts, contact records, and configuration.
  • AI Agent — a conversational AI assistant configured to answer or handle calls and messages on your behalf.

2. The agreement

These Terms, together with each Order and the H3llo Privacy Policy, form the agreement between us. If an Order conflicts with these Terms, the Order prevails for commercial terms; these Terms prevail for everything else.

You and we are each contracting in trade. The parties agree that the New Zealand Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the extent permitted by law.

3. The Service

H3llo provides business phone services, including AI Agents that answer calls, take messages, and perform tasks you configure; voice lines and call routing; and softphone apps for your staff.

Calls handled by an AI Agent are recorded and transcribed — that is how the Service works. Recording of calls handled by your staff is configurable per line. Recordings and transcripts are Customer Data and are available to you in the Portal and apps.

We may improve, modify, or update the Service from time to time. We will not materially reduce the core functionality you have paid for during a subscription term without equivalent replacement.

4. Your accounts and Authorised Users

Accounts for Authorised Users are provisioned by you — there is no self-serve public sign-up. You are responsible for:

  • keeping credentials confidential and telling us promptly about any suspected unauthorised access;
  • everything done on the Service through your accounts;
  • ensuring your Authorised Users comply with these Terms; and
  • removing access for staff who leave your business.

5. Acceptable use

You must not, and must ensure your Authorised Users do not:

  • use the Service to break the law, including telecommunications, privacy, and unsolicited-communications law;
  • send spam or make unsolicited automated calls or messages;
  • use the Service to harass, defraud, or impersonate any person;
  • attempt to probe, disrupt, or gain unauthorised access to the Service or its infrastructure;
  • resell the Service without our written agreement; or
  • use the Service in any situation where its failure could lead to death, personal injury, or significant property damage.

We may suspend access immediately if your use threatens the security or integrity of the Service or breaches this section.

6. Call recording — your obligations

Laws about recording calls and collecting personal information from Callers apply to you as the business the Caller is dealing with. You must:

  • ensure Callers are appropriately informed that calls may be recorded and handled by an AI assistant;
  • have a lawful basis for collecting and using Caller information under the Privacy Act 2020; and
  • only use recordings and transcripts for legitimate business purposes.

7. Emergency calls — important

The Service is not a replacement for a standard telephone service and must not be relied on to contact emergency services (111 in New Zealand).

Emergency calls through the Service are not supported. You must maintain an alternative means of calling emergency services and make sure your Authorised Users know to use it.

8. Fees and payment

Fees are set out in your Order. Unless the Order says otherwise:

  • fees are invoiced in New Zealand dollars, exclusive of GST;
  • invoices are payable within 14 days of the invoice date;
  • we may charge interest on overdue amounts at 2% per month and suspend the Service for accounts more than 30 days overdue, after notice; and
  • fees may change at the end of a subscription term with at least 30 days' notice.

9. Customer Data and intellectual property

Your data stays yours. You own Customer Data. You grant H3llo a licence to host, process, transmit, and display Customer Data as needed to provide the Service.

The Service stays ours. H3llo and its licensors own the Service, the apps, and all associated intellectual property. We grant you a non-exclusive, non-transferable licence for your Authorised Users to use the apps and Portal during your subscription.

We do not use your Customer Data to train AI models available to other customers.

10. AI Agents — limits

AI Agents generate responses automatically and can make mistakes. You are responsible for how AI Agents are configured for your business, for reviewing important information they capture, and for not relying on them for advice or decisions that require a qualified human.

11. Privacy

Our handling of personal information is described in the H3llo Privacy Policy. For personal information contained in Customer Data, we process it on your behalf and on your instructions, and you warrant that you are entitled to provide it to us for that purpose.

12. Availability and support

We aim to keep the Service available at all times but do not guarantee uninterrupted operation unless a service level is set out in your Order. Support is available at support@h3llo.nz.

13. Term, termination, and suspension

The subscription term is set out in your Order. Either party may terminate:

  • for convenience at the end of the current term, with at least 30 days' written notice; or
  • immediately, if the other party materially breaches these Terms and does not remedy the breach within 14 days of written notice, or becomes insolvent.

On termination: access ends, unpaid fees become payable, and Customer Data is deleted within 30 days.

14. Warranties and liability

The Service is provided "as is" to the extent permitted by law. To the maximum extent permitted by law:

  • neither party is liable for loss of profits, revenue, data, goodwill, or any indirect or consequential loss;
  • H3llo's total aggregate liability is limited to the fees you paid in the 12 months before the event giving rise to the claim; and
  • nothing limits liability that cannot be limited by law, including liability for fraud.

You indemnify H3llo against third-party claims arising from your breach of section 5 (Acceptable use) or section 6 (Call recording).

15. Mobile app stores

The H3LLO Phone app may be downloaded from the Apple App Store or Google Play. These Terms are between you and H3llo only — not with Apple Inc. or Google LLC. To the extent the app is used on Apple devices, Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.

16. General

  • Changes to these Terms. Material changes will be notified at least 30 days before they take effect; continued use after that date is acceptance.
  • Assignment. Neither party may assign this agreement without the other's consent, except to a successor in a merger or sale of business.
  • Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
  • Notices. Notices to H3llo go to support@h3llo.nz; notices to you go to your account's billing or admin email.
  • Entire agreement. These Terms and your Orders are the entire agreement and supersede prior discussions.
  • Governing law. These Terms are governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

17. Contact

KaptiNET Limited, trading as H3llo

Email: support@h3llo.nz

Website: h3llo.nz