Terms of Service

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Welcome to the Terms of Service (these “Terms”) for the following websites: https://beside.com, https://interfaceai.com, https://hearthands.tech and https://hellom1.com (the “Websites”), and the related mobile and desktop applications such as Beside, Beside macOS, Beside Android, Beside Windows and Beside Phone Assistant (the “Apps”) operated by or on behalf of Interface, Inc. (“Company”, “we” or “us”).  The Website and any content, tools, features and functionality offered on or through our Websites and the Apps are collectively referred to as the “Services”.
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These Terms govern your access to and use of the Services.  However, if you  or another organization that has procured for you the right to use the Services under the organization’s account (such as your employer) have entered into a separate Master Services Agreement or similar business customer agreement (“Master Services Agreement”) with the Company for your use of the Services, then such Master Services Agreement will also govern your access to and use of the Services and will override and supersede any conflicting provisions in these Terms.  Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. 
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For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, (b) such entity is responsible for any breach of these Terms by any of its representatives and (c) you agree to these Terms on the entity’s behalf. 
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SECTION 9 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 9.

1. The Services
   
   1. Services. 
      
      1. The Services allow you to utilize an AI-powered receptionist and assistant designed to enhance your communication efficiency and accuracy, such as by transcribing verbal communications, summarizing conversations, responding to user inquiries and booking meetings. 
      2. Input and Content. When you use the Services, you may submit inputs, text prompts, verbal communication and/or other content, information or materials (“Inputs”), and the Services will use artificial intelligence tools and functionalities to generate responses by analyzing, summarizing and/or transcribing your Input (such generated output, the “Content”). However, the Company does not claim any ownership rights in any of your Content.  For clarity, the Content does not include any element of our Services, and nothing herein will grant you any ownership rights in any Services. 
      3. By submitting any Input through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services. You represent and warrant that your submission of an Input in connection with your use of the Services, including to generate a Content, will not breach any law or any third party’s terms and conditions associate with such Input. You acknowledge and agree that you will not download, reproduce, redistribute or modify the Content, except as expressly permitted by the Company and these Terms.
      4. The Services are not error-free and some of the Content may contain incorrect information. You may not direct the Services to generate any Content in violation of any applicable intellectual property right, contractual restriction or other law. You should not rely on the Services or any Content for advice of any kind, including medical, legal, investment, financial or other professional advice. Content is not a substitute for advice from a qualified professional. You acknowledge that due to the nature of generative artificial intelligence tools, other users of the Services may create their own Content that is similar or the same as your Content, such as because the same or similar Input was provided.
      5. Voice Replication. The Services allow you to access and use a voice replication feature (“Voice Replication”). By using Voice Replication, you represent and warrant that (i) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to use, record and submit the applicable voice data used to create any Voice Replication; (ii) your use of Voice Replication will not (a) infringe on any third party’s intellectual property, publicity, personality or privacy rights or (b) breach any applicable law or regulation; (iii) you will not use Voice Replication for any unlawful, deceptive, defamatory, fraudulent, harassing, harmful or otherwise abusive purpose. You are solely responsible for ensuring that your use of Voice Replication complies with all applicable laws, regulation, and third-party rights in your jurisdiction. Use of Voice Replication may be subject to local laws restricting biometric or voice data usage, as well as federal and state laws restricting the use of artificial voices in calls. 
      6. Phone Number Allocation. As part of the Services, we may allocate a unique phone number to you (“Unique Number”), allowing you to send text messages and make calls to people in your address book with a Canadian or American phone number (country code: +1). The Unique Number is provided for you use exclusively in connection with your use of the Services. You acknowledge that we own any Unique Number, and we retain the right to reallocate any Unique Number to another user 45-days after cancellation or termination of your subscription. Prior to reallocating a Unique Number, we will use reasonable efforts to attempt to notify you. We cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. You are prohibited from altering caller identification information to make it appear as if your voice calls and text messages are originating from a telephone number other than the Unique Number assigned to you by us. We are not liable for or any expenses or any other damages you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationery, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages. 
      7. Consent Requirements. You must obtain consent prior to communicating with any person who is not a user of the Apps (“Recipient”). You represent and warrant that you will (i) inform all Recipients that the calls or text messages may be recorded and transcribed by us or our service providers for the provision of the Services in compliance with applicable laws and regulations, including but not limited to the federal Electronic Communications Privacy Act and similar state-level laws related to wiretapping, interception of electronic communications, and the tracking and monitoring of online activity, (ii) obtain consent from all Recipients prior to engaging in any form of communication, in compliance with applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”) and similar state-level restrictions on calling, text, and telephone solicitation practices, and (iii) implement the opt-in and opt-out requirements described below to ensure compliance. We do not provide built-in opt-in or opt-out mechanisms. Your failure to comply with these requirements may result in the termination of the Services and potential legal action. We are not liable for any non-compliant calls or text messages, and you acknowledge that you are solely responsibility for ensuring that all communications adhere to applicable regulations.  
         
         1. Opt-In Requirements. You must ensure that Recipients have provided prior express written consent to receive text messages. The consent must be clear and affirmative (e.g., signing up through a form, sending a keyword such as “YES” via text, or verbally agreeing). You should keep records of such consents as they may be required for legal verification.
         2. Opt-Out Requirements. You must provide Recipients with a clear and easy way to opt out of receiving future messages. This should include offering a simple keyword such as “STOP,” “UNSUBSCRIBE,” or “CANCEL” that Recipients can send in response to any message to immediately cease future communication. Upon receiving such a request, you must stop sending messages to that number within a reasonable time frame. Additionally, you must honor any request to opt out of receiving future messages that is made through any reasonable manner, including through the receipt of any of the following words “STOP,” “QUIT,” “END,” “REVOKE,” “OPT-OUT,” “CANCEL” or “UNSUBSCRIBE.” You must honor any request to opt out of receiving future messages as soon as practicable but no later than ten (10) business days after receiving the request. 
         3. Confirmation Messages. After a Recipient opts out by sending a keyword such as “STOP,” you must send a confirmation message acknowledging that the recipient has been unsubscribed and will no longer receive messages unless they opt back in.
         4. Opt-In After Opt-Out. If a Recipient chooses to opt back in, you must ensure that they have obtained a new consent prior to resuming communication. This can be done by offering the recipient an option to reply with a keyword such as “START” or “YES” to resume receiving messages.
   2. Eligibility. You must be 18 years of age or older a to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian (i) accepts these Terms on the minor’s behalf prior to use of the Services and (ii) supervises the minor’s use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
2. User Accounts, SUBSCRIPTIONS and free trials
   
   1. Creating and Safeguarding your Account. To use the Services, you need to create an account or link another account, such as your Apple account or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account via the account settings page for your profile on the Website or Apps. You agree to receive text messages and phone calls from us or our designees with codes to register for your Account. You acknowledge that maintaining access to the phone number or email address used to create your Account is required for the continuous use of the Services, and that loss of access to such phone number or email address may disrupt your access to the Services. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@beside.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your, or we previously banned you from any of our Services, unless we provide written consent otherwise. 
   2. Authorized Users. If you are a company or organization that has procured the right to use the Services under a Master Services Agreement (“Business Customer”), we may authorize you to allow your employees, contractors and other personnel associated with you to access the Services on your or your company’s behalf (an “Authorized User”). You as the Business Customer are responsible for all use of the Services by any of your Authorized Users.
   3. Subscription Payment. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we or our third-party payment processing intermediaries may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.  We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.
   4. Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period.  To avoid future subscription charges, you must cancel your subscription at least 1 day before the subscription period renewal date by doing the following: (a) if you subscribed via Apple In-App Purchase, open the Settings app on your iPhone or iPad, click on your Apple ID, click Subscriptions, choose Beside, then click Cancel Subscription (you can also manage subscriptions at https://account.apple.com); or (b) if you subscribed via our Website or Apps directly, log in to your account on the Website or Apps, go to Settings, click Manage Your Plan, then click Cancel Subscription. 
   5. No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made. 
   6. Free Trials. You can sign up for a trial Account for the paid portion of the Services and your trial period starts on the day you create the trial Account and lasts for the duration indicated on your free trial confirmation email (or if not specified, then at least 7 days). If you are on a trial, you may cancel at any time until the last day of your trial by following the cancellation procedures outlined in Section 2.4 above. If you do not cancel your trial Account at the end of your free trial period, and we have notified you that your Account will be converted to a paid subscription at the end of the free trial period, you authorize us to charge your credit card or other designated billing method for continued use of the paid Services.  You may, however, then cancel your subscription  in accordance with Section 2.4 of these Terms. If you cancel your trial Account or decide not to purchase a paid version of the Services at the end of your trial period, your content or data associated with your trial Account will no longer be available to you, and the Company may delete or remove any such content or data.
3. ORDERS FOR PRODUCTS AND/OR SERVICES 
   
   1. Payment. The Services may permit you to purchase certain other products or services through the Apps (“Offerings”).  You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable App, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility. 
   2. Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on your subscription fees, future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use. 
   3. Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making the customer aware of the pricing error. 
4. Location of Our Privacy Policy and Other Applicable Policies
   
   1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at: https://beside.com/privacy-policy. 
   2. Other Policies. We may update, from time to time, our product-specific or referral program policies located at: https://beside.com/other-policies.
5. Rights We Grant You
   
   1. Right to Use Services. We hereby permit you to use and access the Services for your personal use only, provided that you comply with these Terms in connection with all such use.  If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the Apps onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
   2. Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
      
      1. download, modify, copy, distribute, reproduce, license, create derivative works from, or offer for sale any part of the Services in any medium other than as allowed by the Services and these Terms;
      2. transfer, lend, rent, lease, distribute the Apps, or use the Apps to provide services or resell the Services to a third party;
      3. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
      4. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
      5. use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or access the Services;
      6. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
      7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
      8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
      9. use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
      10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
      11. transmit (i) spam, (ii) unsolicited advertising, (iii) robocalling, (iv) continuous or extensive call forwarding, fax or voicemail broadcasting or blasting, (v) auto or bulk messaging, (vi) auto-dialing or (vii) other forms of communication that results in excessive usage inconsistent with standard commercial calling patterns;
      12. impersonate another person or otherwise misrepresent your affiliation with a person or entity, including but not limited to, by means of creating or using a false identity, forged email address, misleading or incorrect calling name information or other methods that violate the Truth in Call ID Act (47 U.S.C. § 227 and 47 C.F.R. § 64.1604);
      13. share your account with other persons or register multiple accounts for yourself;
      14. publish or distribute falsehoods, misrepresentations or misleading statements; 
      15. transmit, receive or store Protected Health Information (as defined by the Health Insurance Portability and Accountability Act);
      16. submit, transmit, display, perform, post, promote, encourage or store any content that is unlawful, defamatory, obscene, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, abusive, hateful, or cruel, or otherwise use the Services in a manner that is obscene, excessively violent, harassing, hateful, cruel, abusive, pornographic, inciting, organizing, promoting or facilitating violence or criminal activities;
      17. violate any applicable law or regulation, including any laws and regulations concerning the use of AI-generated content or advertising, email, telephone and text message communication, wiretapping, interception of electronic communications, and the tracking and monitoring of online activity, in connection with your access to or use of the Services, including (i) Section 5 of the FTC Act (15 U.S.C. § 45), (ii) CAN-SPAM Act (15 U.S.C. § 7701-7713), (iii) TCPA (47 U.S.C. § 227), TSR (16 C.F.R. § 310) and any similar law of any state related to telephone or text message communications, (iv) Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), (v) CRTC Unsolicited Telecommunications Rules for Canadian, (vi) all federal and state Do Not Call (DNC) laws, calling-time restrictions, and related restrictions and obligations for entities placing calls or sending texts to consumers or businesses, and (vii) federal Electronic Communications Privacy Act and similar state laws related to wiretapping, interception of electronic communications, and the tracking and monitoring of online activity; or
      18. access or use the Services in any way not expressly permitted by these Terms or any acceptable use policy made available by us, or by any terms of use, acceptable use policy or other applicable policies from third-party large language models used by or integrated into the Services (“LLMs”).  
   3. Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App.  We do not guarantee that the Apps can be accessed and used on any particular device or with any particular service plan.  We do not guarantee that the Apps or certain Offerings will be available in any particular geographic location. We reserve the right to choose which jurisdictions to provide the Services and may restrict or refuse, at our sole discretion, the provision of the Services in certain jurisdictions. As part of the Services you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the Apps (“Push Messages”). You acknowledge that, when you use the Apps, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Apps, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Apps on your mobile device, including for your receipt of push messages from the Company. You agree to install any updates to the Apps that we may make available from time to time. 
   4. Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the Apps from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of the Apps must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Apps to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (a) product liability claims, (b) any claim that the Apps fail to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Apps or your possession and use of that Apps infringe that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the Apps, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
   5. Beta Offerings. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”). Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk.  You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.
6. Ownership and Content 
   
   1. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.  We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works. 
   2. Ownership of Trademarks. The Company’s names (including Heart Hands, Inc., Interface, Inc.), trademarks (beside.com, callwithm1.com, choosem1.com, interfaceai.com, trym1.com, m1.chat, ddm1.com, hearthands.engineering, hearthands.tech, hellom1.com, m1app.co, themessagingapp.com, themessagingcompany.com, tryrek.com, use-m1.com, usem1.com, userek.com, with-m1.com, withchatter.com, withm1.com, withrek.com), the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  
   3. Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. 
   4. Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit Input, Content or other information, to be made available through or transmitted by the Services (“Your Content”).  We must obtain from you certain license rights in Your Content so that actions we take in connection with the Service are not considered legal violations.  Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content, including any voice recordings submitted when using Voice Replication, as required to be able to operate, provide, monitor and improve the Services.  You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations or requests from government entities, including law enforcement.  To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
7. Third Party Services and Materials
   
   1. Use of Third Party Materials in the Services. Certain Services may display, integrate with, include or make available content, data, information, applications or materials from third parties, including integration to services with VoIP providers and third-party AI models, (“Third Party Materials”) or provide links to certain third-party websites. We do not control third-party AI models, or the content or services available from or generated by such AI models. Your use of such third-party AI models may be subject to additional terms and policies, which you agree to comply with. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. You are solely responsible for procuring any and all rights necessary to access Third Party Materials and for complying with any applicable terms or conditions thereof. Your interactions with Third Party Materials, including data exchanges and third-party payment processing intermediaries, are governed by such third party’s terms and conditions and are solely your responsibility.  
8. Disclaimers, Limitations of Liability and Indemnification
   
   1. Disclaimers. 
      
      1. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services, including any Content; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; (e) the infringement of the rights of any third party in your use of any Content; (f) calls to you that we may block as fraudulent or robocall traffic, or calls made by you that are blocked by third-party providers as the result of any anti-fraud or robocall mitigation efforts; and (g) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
      2. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 8.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
      3. THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. 
      4. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.
   2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER  DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES (INCLUDING ANY CONTENT) OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 
   3. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services, including misuse of the Services for call spoofing, robocalling, unsolicited advertising, spam, auto or bulk messaging, auto-dialing or any other use that results in excessive usage inconsistent with standard commercial calling patterns; (d) Your Content, or (e) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.
9. ARBITRATION AND CLASS ACTION WAIVER
   
   1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
   2. Informal Process First. You and the Company agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond.  Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
   3. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company’s services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms).  Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.
   4. Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction: 
      
      1. disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
      2. disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or 
      3. intellectual property disputes.
   5. Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).
      Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits
   6. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@beside.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms]. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies.  You may not opt out of only the class action waiver and not also the arbitration provisions.  If you opt-out of these arbitration provisions, the Company also will not be bound by them.
   7. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”).  You and the Company AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION.  You and the Company EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM.  If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION.  Further, you and the Company agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION.  For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
      
      IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION.   If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
10. Additional Provisions
    
    1. SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Offerings. You also understand that you may opt out of receiving text messages from us at any time, by contacting support@beside.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
    2. Texas SB 140 and State Telemarketing Compliance. You acknowledge that certain states, including Texas, have enacted laws regulating marketing or sales-related text messages. Effective September 1, 2025, Texas Senate Bill 140 expands the definition of “telephone solicitation” to include sales-related SMS communications. If you send or direct text messages or calls to Texas residents that promote or advertise goods or services (including appointment reminders, real-estate inquiries, promotional offers, or event announcements), you are solely responsible for determining whether such messages constitute “telephone solicitation” under Texas Business & Commerce Code Chapter 302 and for registering with the Texas Secretary of State, paying any applicable fees, and maintaining the required surety bond. Information about registration requirements and forms is available on the Texas Secretary of State’s website at https://www.sos.state.tx.us/other/forms.shtml#TSF. You are also responsible for observing quiet-hour restrictions (8 a.m.–9 p.m. local time) and honoring opt-out requests in compliance with federal and state law. Interface Inc. does not verify or file such registrations on your behalf, and any claim of exemption must be proven by you if challenged. We reserve the right to suspend or terminate any account or block messages that, in our reasonable judgment, may violate these or similar telemarketing laws.
       
       
    3. No Access to Emergency Services. You acknowledge that there are important differences between the Services and traditional telephone services, that the Services are not a replacement for traditional telephone services, and that you may be assigned a non-native telephone number (a telephone number from a different exchange from the one in which you are using our Services) in connection with your use of the Services. The Services accordingly do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service. 
    4. Support Interactions. You are responsible for any content or data you share during support interactions with us, including chats or emails. We will not have any liability or responsibility to for sensitive information submitted through our support channels.
    5. Enhanced Verification. In certain circumstances, we may require you to submit supplemental information for the purposes of verification purposes (“Enhanced Verification”) before allowing or continuing your access to the Services. The specific nature and scope of additional information or documentation required shall be determined on a case-by-case basis, in our sole discretion. You agree to provide us with accurate, complete and updated information for Enhanced Verification.
    6. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms.  If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes.  The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms
    7. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity. 
    8. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
    9. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
    10. Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
    11. Miscellaneous. These Terms constitutes the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in New York. 

How to Contact Us. You may contact us regarding the Services or these Terms at 919 E. Main Street, Suite 1000, Richmond, Virginia, 23219, by phone at +1(310)860-60189 or by e-mail at support@beside.com.

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