Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "Customer") and HEXYL LTD (trading as "Hexyl AI"), a company registered in Scotland (Company Number SC875134), with its registered office at 18 Woodside Place, 2nd Floor, Glasgow, Scotland, G3 7QL ("we", "us", "our", or "Hexyl").

By accessing or using the Hexyl AI platform at hexyl.ai, including any associated services, APIs, mobile applications, and integrations (collectively, the "Platform"), you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

If you are using the Platform on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

2. Definitions

• "Tenant" means a business or organisation that subscribes to the Platform and is allocated a dedicated environment (schema) within the Platform.
• "Authorised Users" means individuals authorised by the Tenant to access and use the Platform, including administrators, staff, and managers.
• "End Users" or "Contacts" means the Tenant's customers, patients, or clients who interact with the Platform through chatbots, voice assistants, booking systems, surveys, or the Customer Portal.
• "Customer Data" means all data uploaded, created, or generated by or on behalf of the Tenant through use of the Platform.
• "AI Services" means the artificial intelligence features of the Platform, including chatbot, voice assistant, sentiment analysis, and recommendation services.
• "Subscription" means the paid access plan selected by the Tenant (Free, Starter, Professional, or Enterprise).

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Platform. The Platform is designed for business use by service-based organisations.

3.2 Account Creation

To use the Platform, you must register for an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorised use of your account
• Ensuring that all Authorised Users comply with these Terms

3.3 Account Security

You must implement reasonable security measures for your account, including using strong passwords and enabling two-factor authentication where available. We are not liable for any loss arising from your failure to protect your account credentials.

4. Subscriptions and Payments

4.1 Subscription Plans

The Platform is offered under the following subscription tiers:

• Free: Limited features for evaluation purposes
• Starter: Core features for small businesses
• Professional: Advanced features including dedicated AI models
• Enterprise: Full feature set with custom configurations and dedicated support

Current pricing and feature details are available on our website. We reserve the right to modify pricing with 30 days' prior notice.

4.2 Billing and Payment

• Subscriptions are billed monthly or annually in advance via Stripe.
• All fees are quoted exclusive of VAT and applicable taxes, which will be added where required.
• You authorise us to charge your designated payment method on each billing cycle.
• Failed payments may result in suspension or downgrade of your account after reasonable notice.

4.3 Free Trials

We may offer free trial periods at our discretion. At the end of a trial, your account will be downgraded to the Free plan unless you subscribe to a paid plan. We reserve the right to modify or discontinue trial offers at any time.

4.4 Refunds

Subscription fees are generally non-refundable. However, if you are dissatisfied with the Platform within the first 14 days of a new paid subscription, you may request a refund by contacting support@hexyl.ai.

5. Permitted Use

5.1 Licence Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during the subscription term.

5.2 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Platform for any unlawful, fraudulent, or harmful activity
• Attempt to gain unauthorised access to any part of the Platform or its systems
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform
• Interfere with or disrupt the Platform's infrastructure or other users' access
• Use the Platform to send unsolicited communications (spam) or violate anti-spam laws
• Upload or transmit viruses, malware, or other harmful code
• Use the AI Services to generate content that is illegal, defamatory, discriminatory, or harmful
• Misrepresent AI-generated communications as being from a human without appropriate disclosure
• Sublicense, resell, or redistribute the Platform without our written consent
• Exceed any usage limits or rate limits associated with your subscription plan

5.3 Healthcare and Regulated Industries

If you operate in healthcare or other regulated industries, you are responsible for ensuring your use of the Platform complies with all applicable regulations, including but not limited to:

• UK GDPR and Data Protection Act 2018
• Care Quality Commission (CQC) requirements where applicable
• General Dental Council (GDC) guidelines where applicable
• Any industry-specific data handling requirements

The Platform provides tools to support compliance (such as GDPR data subject request handling, consent management, and audit logging), but you remain solely responsible for your regulatory compliance obligations.

6. Customer Data

6.1 Ownership

You retain all rights, title, and interest in your Customer Data. We do not claim ownership of any data you upload or create through the Platform.

6.2 Licence to Use Customer Data

You grant us a limited licence to use, process, store, and transmit your Customer Data solely for the purpose of providing and improving the Platform services, subject to our Privacy Policy.

6.3 Data Processing

Where we process personal data on your behalf, we act as a data processor and you act as the data controller. A separate Data Processing Agreement (DPA) governs this relationship and is available upon request.

6.4 Data Isolation

Your Customer Data is stored in a dedicated, isolated database schema. This ensures complete data segregation from other tenants on the Platform.

6.5 Data Portability and Deletion

You may export your Customer Data at any time through the Platform's export features or by contacting support. Upon termination of your account, we will retain your data for up to 90 days to allow for data export, after which it will be permanently deleted unless retention is required by law.

7. AI Services

7.1 AI Chatbot and Voice Assistant

The Platform includes AI-powered chatbot and voice assistant services. You acknowledge that:

• AI responses are generated automatically and may not always be accurate or appropriate
• You are responsible for configuring, monitoring, and reviewing AI interactions
• The AI is not a substitute for professional medical, legal, or financial advice
• You should inform your End Users that they may be interacting with an AI system

7.2 AI Model Training

With your consent and subject to your configuration:

• Conversation data may be used to train and improve AI models specific to your tenant or industry
• You may opt out of AI model training at any time through your tenant settings
• Shared industry models are trained on anonymised, aggregated data only
• Dedicated models (Professional and Enterprise plans) are trained exclusively on your data

7.3 Privacy-First AI Architecture

Our core AI systems (RASA chatbot, Whisper speech-to-text, Piper text-to-speech) run within our closed infrastructure. Customer data is not sent to third-party AI providers unless you explicitly configure external LLM providers (such as Groq, DeepSeek, or OpenAI) in your tenant settings.

8. Integrations

8.1 Third-Party Integrations

The Platform supports integrations with third-party services including CRM systems (Pabau, Dentally, Cliniko), communication providers (Twilio, WhatsApp, SendGrid), payment processors (Stripe, Global Payments), review platforms (Google, Trustpilot), and advertising platforms (Google Ads, Meta Ads).

8.2 Your Responsibility

When you connect third-party integrations:

• You are responsible for complying with the third party's terms of service
• You authorise us to exchange data with those services as configured by you
• We are not responsible for the availability, accuracy, or security of third-party services
• You are responsible for maintaining valid API credentials and authorisations

9. Intellectual Property

9.1 Our Intellectual Property

The Platform, including its source code, design, algorithms, AI models, documentation, and all related intellectual property, is owned by HEXYL LTD or its licensors. Nothing in these Terms transfers any intellectual property rights to you except the limited licence granted in Section 5.1.

9.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Platform, you grant us an unrestricted, irrevocable, perpetual licence to use such feedback for any purpose without compensation to you.

10. Availability and Support

10.1 Service Availability

We strive to maintain 99.9% Platform availability but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible. We are not liable for downtime caused by factors beyond our reasonable control.

10.2 Support

Support is provided based on your subscription tier:

• Free / Starter: Email support during business hours (Monday-Friday, 9am-5pm GMT)
• Professional: Priority email support with 8-hour response time
• Enterprise: Dedicated support with custom SLA

11. Limitation of Liability

11.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, HEXYL LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business
• Loss of data or data corruption
• Loss of goodwill or reputation
• Business interruption
• Cost of procurement of substitute services

11.2 Cap on Liability

Our total aggregate liability under these Terms shall not exceed the greater of: (a) the total fees paid by you in the 12 months preceding the claim, or (b) £100.

11.3 Exceptions

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless HEXYL LTD, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Platform in violation of these Terms
• Your violation of any applicable law or regulation
• Your Customer Data or content
• Any claim by a third party (including your End Users) related to your use of the Platform
• Your failure to comply with applicable data protection laws in relation to your End Users' data

13. Suspension and Termination

13.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You will not receive a refund for any remaining unused period unless covered by our 14-day refund policy.

13.2 Suspension by Us

We may suspend your access to the Platform immediately if:

• You breach any material provision of these Terms
• Payment is overdue for more than 14 days
• We reasonably believe your use poses a security risk
• Required by law or regulatory authority

13.3 Termination by Us

We may terminate your account with 30 days' written notice for any reason. We may terminate immediately if you materially breach these Terms and fail to remedy the breach within 14 days of written notice.

13.4 Effect of Termination

Upon termination:

• Your licence to use the Platform immediately ceases
• You must cease all use of the Platform
• We will retain your data for 90 days to allow for export, then permanently delete it
• Any outstanding fees become immediately due and payable
• Sections that by their nature should survive termination will continue to apply (including Sections 6, 9, 11, 12, 15, and 16)

14. Modifications to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or through the Platform. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Platform and cancel your subscription.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Scotland and the United Kingdom, without regard to conflict of law principles.

15.2 Dispute Resolution

In the event of any dispute arising from these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to the exclusive jurisdiction of the courts of Scotland.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and HEXYL LTD regarding the Platform and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, acts of government, pandemic, war, terrorism, power failure, internet outages, or third-party service failures.

16.6 Notices

All notices to us should be sent to:

Notices to you will be sent to the email address associated with your account.

17. Contact Us

If you have any questions about these Terms, please contact us: