Last updated: 17 Mar 2026
These Terms of Service govern your access to and use of Hellomatik's AI automation platform. Please read them carefully.
Controller/Contracting Entity: HELLOMATIK, S.L., with registered office at Calle Lago de Sanabria 60, 28981 Parla, Madrid, Spain, registered in the Mercantile Registry of Madrid (CIF B22803126)
Contact: contact@hellomatik.com
Effective date: 1 October 2025. Last updated: 17 March 2026
These Terms of Service (the "Terms") govern access to and use of hellomatik.com, app.hellomatik.com, our APIs, voice and chat modules, automations, integrations, and related software, websites, and services (collectively, the "Service"). If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization. By using the Service, you accept these Terms. If you do not agree, do not use the Service.
For the purposes of these Terms of Service:
"Customer," "you," or "your" means the person or entity using the Service.
"Authorized Users" means individuals you allow to access the Service under your account.
"Customer Content" means data, text, files, audio, transcripts, prompts, outputs, metadata, and other material submitted to or processed by the Service under your account.
"Outputs" means content created by the Service in response to Customer inputs or settings.
"Integrations" means third-party products or services connected to the Service (e.g., CRMs, telephony, storage, messaging, analytics).
"Subprocessors" means third parties Hellomatik uses to process personal data to provide the Service.
"Security Incident" means unauthorized access to or disclosure of Customer Content in Hellomatik's systems that results from a failure of Hellomatik's reasonable security measures.
The Service is an enterprise platform that lets you deploy conversational voice and chat, automations, and workflows connected to your tools. The Service is for business use only. You are responsible for how you set up and use the Service. You are also responsible for what Integrations you connect and any actions taken by your Authorized Users, agents, or workflows.
You are solely responsible for: (a) keeping credentials, API keys, and tokens confidential; (b) enabling and enforcing security controls such as SSO, MFA, least-privilege roles, IP allowlisting, and key rotation; (c) removing access promptly for departing users and vendors; and (d) monitoring activity in your environment. You must notify Hellomatik promptly of any suspected breach.
You control your data sources and Integrations. You are solely responsible for the legality, accuracy, and setup of Customer Content. You are also responsible for getting all notices and consents required by law. This includes call recording and disclosure obligations for voice features and telemarketing limits where they apply.
Hellomatik is not responsible for unauthorized access, loss, or changes caused by: (i) stolen or misused credentials (including phishing or social engineering of your users), (ii) wrong settings of the Service or Integrations by you or your users, (iii) third-party breaches or outages in your systems, networks, or Integrations, or (iv) actions taken according to your instructions or automations you set up.
Unless we agree otherwise in writing, you are responsible for backing up data in non-Hellomatik systems and any copies you export from the Service.
Subject to these Terms and timely payment of fees, Hellomatik grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes.
You shall not: (a) copy, modify, translate, adapt, or create derivative works of the Service, its components, models, or documentation; (b) reverse engineer, decompile, disassemble, extract model weights, or attempt in any way to discover the source code, algorithms, underlying models, architecture, or logic of the Service (except to the extent such restriction is expressly prohibited by applicable mandatory law); (c) access the Service to build, train, or improve a competing product, service, or model, directly or indirectly; (d) scrape, harvest, data mine, or extract content, data, or Outputs from the Service by automated means without written authorization; (e) interfere with, disrupt, overload, or compromise the security, integrity, or performance of the Service or its protective systems; (f) circumvent, disable, or manipulate usage limits, rate limits, access controls, technical restrictions, or security measures of the Service; (g) remove, alter, or obscure intellectual property notices, trademarks, attributions, or rights legends; (h) sublicense, resell, rent, lend, or distribute access to the Service to third parties without written authorization; (i) use the Service for high-risk activities where failure could cause death, personal injury, or serious environmental or property damage (e.g., autonomous medical diagnosis, life support, air traffic control, nuclear operations, weapons control); or (j) use Outputs to train, fine-tune, or distill artificial intelligence models owned by you or third parties without Hellomatik's written authorization.
You are expressly prohibited from using the Service to: (a) violate applicable laws, regulations, or third-party rights in any jurisdiction; (b) store, process, or transmit malicious code, malware, ransomware, or tools designed to compromise systems; (c) upload, generate, or distribute illegal, defamatory, fraudulent, obscene, or content that incites hatred, violence, or discrimination; (d) send unsolicited communications, spam, automated mass messages, or illegal telemarketing through the Service's channels; (e) impersonate persons or entities, or present AI-generated Outputs as human-created without adequate disclosure; (f) compromise the privacy or identity rights of third parties, including unauthorized collection of personal data; (g) facilitate fraud, phishing, scams, pyramid schemes, predatory lending, or exploitation of vulnerable persons; (h) create, store, or distribute child sexual abuse material or facilitate exploitation of minors in any form; (i) generate content promoting suicide, self-harm, eating disorders, or harassment; (j) spread deliberate misinformation, fake news, or propaganda designed to deceive; (k) undermine democratic processes, generate deceptive political content targeted at voters, or create artificial movements with misrepresented origin; (l) make automated decisions in criminal justice, social scoring, mass surveillance, or facial recognition without legal basis; (m) compromise critical infrastructure (power grids, water systems, telecommunications, emergency services); (n) develop, design, or facilitate the creation of weapons, explosives, or dangerous substances; (o) generate, store, or distribute sexually explicit content through the Service; or (p) coordinate malicious activity across multiple accounts, circumvent bans through new accounts, or abuse the platform in any manner.
The Service uses artificial intelligence models that may generate inaccurate, incomplete, biased, or third-party-rights-infringing content. Outputs must not be used for medical, legal, financial, or safety-critical decisions without expert human review. You are solely responsible for reviewing, validating, and obtaining any necessary legal clearances before using any Output. Hellomatik is not liable for third-party claims arising from Customer's use of unreviewed or unedited Outputs. To the extent that applicable law (including the EU Artificial Intelligence Act) imposes transparency or risk classification obligations for AI systems, Hellomatik will cooperate with Customer to facilitate compliance, but the ultimate responsibility for assessing the suitability of the Service for Customer's specific use context rests with Customer.
If you use the Service in contexts where Outputs or automations may significantly affect natural persons (including, without limitation: legal interpretation, healthcare diagnosis or care, financial or credit decisions, employment or housing decisions, automated journalistic communications, or educational assessments), you must comply with the following requirements: (a) Human oversight: a qualified professional must review all content or decisions generated by the Service before they take effect on individuals; (b) Disclosure: end users must be informed that AI assists in generating content or recommendations at the beginning of each interaction; (c) Risk assessment: Customer is responsible for assessing whether their specific use requires additional measures under applicable law (including the EU AI Act). Failure to comply with these requirements in high-risk contexts is the sole responsibility of the Customer.
You keep all rights in Customer Content.
You grant Hellomatik a limited, worldwide, non-exclusive license to process Customer Content only to provide and maintain the Service. We can also process it to prevent or fix technical or security issues, comply with law, and as otherwise allowed in these Terms or your DPA. For the purposes of these Terms, "Customer Content" includes all derived data generated from the technical processing of your data (including numerical representations, indexes, and operational metadata). Derived data is considered Customer Content, subject to the same protections, and deleted following the same retention periods.
Hellomatik does not use Customer Content to train AI models by default. Any training use would require your clear, removable, and specific permission.
Our Privacy Policy explains how we handle data as a controller. Where Hellomatik processes personal data on your behalf, the parties will sign a Data Processing Agreement (DPA). The DPA forms part of these Terms. If there is a conflict, the DPA controls for processing on your behalf.
Hellomatik may use Subprocessors under written agreements that impose data protection obligations. Hellomatik will notify Customer at least 15 days in advance before engaging a new Subprocessor. Customer may object in writing within that period; in such case, Hellomatik will seek reasonable alternatives or Customer may terminate the affected Service without penalty. Cross-border transfers will rely on a valid legal mechanism (e.g., EU Standard Contractual Clauses, adequacy decisions such as the EU-U.S. DPF, or other valid mechanisms).
The Service may process personal data of your end users (e.g., customers, patients, leads, or other individuals who interact with the Service through your channels). You are the data controller of such data and must ensure a valid legal basis for its processing (e.g., consent, legitimate interest, or contractual necessity). When an end user exercises data protection rights (access, rectification, erasure, portability), you are responsible for handling such requests. Hellomatik will provide reasonable technical assistance as set forth in the DPA.
Hellomatik makes available to Customers a Data Processing Agreement (DPA) that supplements these Terms and sets out Hellomatik's obligations as data processor under the GDPR and applicable law. The DPA is available upon request at contact@hellomatik.com or in the legal section of the website. Hellomatik maintains a current sub-processor list, available in the legal section of the website or upon request. Changes to the list will be notified in accordance with Section 5.5.
Hellomatik uses reasonable technical and organizational measures to protect the Service. Examples include encryption in transit, access controls, environment isolation, monitoring, and backups.
If Hellomatik confirms a Security Incident affecting Customer Content on Hellomatik's systems, Hellomatik will notify you without undue delay, and in any case within 72 hours of confirmation. Notification will include the nature of the incident, affected data, estimated scope, and remediation measures taken.
A Security Incident does not include unauthorized access, loss, or disclosure that results from: (a) your systems or networks, or a third party's; (b) stolen credentials or devices of you or your users; (c) wrong settings by you; or (d) actions performed according to your instructions or automations.
Each party will cooperate reasonably in investigating and remediating any incident within its control, including providing logs, responding to inquiries within 48 hours, and granting reasonable access to affected systems.
Upon reasonable request, Hellomatik will provide evidence of its security measures (e.g., third-party audit reports, certifications, or completed security questionnaires). Hellomatik will permit third-party audits subject to written agreement on scope, schedule, and confidentiality, limited to one audit per calendar year.
The Service may execute automated actions (including workflows, responses, and operations on connected systems) based on Customer's configurations and instructions. Customer is responsible for ensuring that such automations do not constitute solely automated decisions with significant legal effects on natural persons without adequate human intervention, in accordance with Article 22 of the GDPR and applicable law. Where use of the Service involves automated decisions that produce significant effects, Customer will implement the mechanisms for human review, data subject information, and right of contestation required by applicable regulations.
The Service may interoperate with or rely on third-party services (telephony, messaging, cloud, analytics, authentication, etc.). Hellomatik selects and monitors its providers with reasonable diligence and maintains data protection agreements with subprocessors. However, Hellomatik is not liable for third-party service failures beyond its control. Integrations that Customer enables on its own access or store data at Customer's discretion and risk.
You are responsible for the lawful use of inbound and outbound calls, including: (a) obtaining and honoring required consents/notices for recording and transcription; (b) complying with applicable telemarketing and do-not-call rules; and (c) honoring opt-out requests. Call recording laws vary by jurisdiction (for example, Spain requires two-party consent; other EU countries have different requirements). Customer is responsible for understanding and complying with the specific laws in each jurisdiction where Customer uses the Voice module. Hellomatik provides configuration options and disclosures but does not provide legal advice or guarantee Customer's compliance.
Features identified as beta, preview, trial, or free are provided "as is" without support or SLA and may change or be discontinued with 30 days' notice when possible. They may be subject to additional terms or limitations. Hellomatik will not retroactively classify a stable feature as beta to avoid support obligations. If discontinuation of a material beta feature materially affects Customer, Customer may terminate the affected Service without penalty.
Fees are as stated in your order, admin console, or applicable plan and are non-refundable unless required by law. Usage-based charges (e.g., minutes, events, storage, messages) are billed on actual consumption. You authorize Hellomatik or its payment processor to charge all applicable fees and taxes. Hellomatik will calculate and remit VAT according to Customer's place of establishment and applicable law. For B2B customers within the EU, the reverse-charge mechanism applies where applicable; Customer is responsible for providing a valid VAT identification number. Hellomatik may update plan pricing or features with at least 30 days' prior notice consistent with your billing cycle; continued use after the effective date constitutes acceptance.
Hellomatik will provide written notice describing the violation before any suspension, unless the law requires immediate suspension (e.g., child safety, terrorism) or the use poses imminent risk to Service security. Customer will have 10 business days to cure the violation before suspension becomes final. Hellomatik may suspend or terminate access if: (a) you breach these Terms or fail to pay; (b) your use risks the security, integrity, or availability of the Service; or (c) required by law. You may terminate at any time per your plan. Upon termination, your license ends and Hellomatik will delete or anonymize Customer Content from active systems within 60 days following the retention periods stated in your account or DPA.
Each party will protect the other's Confidential Information with at least reasonable care. Each party will use it only to perform under these Terms. Confidential Information does not include information that is publicly available without breach, lawfully received from a third party, independently created, or required to be disclosed by law (with prompt notice where lawful).
Each party confirms it has power to enter these Terms.
The Service, Outputs, beta features, and any documentation are provided "as is" and "as available." Hellomatik disclaims all warranties, express or implied. This includes warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties from course of dealing or usage of trade. Hellomatik does not promise that the Service will be error-free or uninterrupted. We do not promise that Outputs will be accurate or suitable for any particular use.
Your use of the Service, Outputs, and actions executed by automations under your account are at your sole risk and responsibility. You are solely responsible for: (a) compliance with all applicable laws and regulations regarding your data, communications, Outputs, and automations; (b) human review of Outputs before any use, dissemination, or decision-making; (c) all damages, losses, or harm caused by your configurations, instructions, credentials, devices, Integrations, or by the actions of your Authorized Users or automated agents; (d) obtaining all necessary consents, notices, and legal authorizations from your end users; (e) ensuring your use of the Service does not violate third-party rights or constitute a prohibited use under Section 4.3; and (f) implementing adequate human oversight where the use context requires it. Hellomatik provides tools and configurations but does not monitor, review, or approve Customer's use of the Service or the Outputs it generates.
You will defend, indemnify, and hold harmless Hellomatik and its affiliates, officers, directors, employees, and agents from all third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your Customer Content, including Outputs generated under your account; (b) your use of the Service in violation of these Terms, Section 4.3 (Prohibited Uses), or any applicable law; (c) disputes with your end users, customers, or third parties arising from interactions, communications, or actions performed by the Service under your account; (d) your Integrations, configurations, workflows, and automations, including all actions executed by AI agents under your credentials and instructions; (e) failure to comply with human oversight, disclosure, or risk assessment requirements set forth in Sections 4.4 and 4.5; (f) any claims arising from automated decisions made without the human intervention required by applicable law; or (g) any violation of data protection, privacy, telecommunications, or call recording laws in connection with your use of the Service. This indemnification obligation survives termination of these Terms.
Hellomatik will defend you against third-party claims saying that the Service directly infringes a valid intellectual property right. This applies when you use the Service as allowed and do not combine it with non-Hellomatik products (except Integrations we supply). We will pay damages finally awarded or settlement we approve in writing. Hellomatik may, at its choice: (i) get rights to continue use, (ii) modify or replace the Service to avoid infringement, or (iii) end the affected features and refund prepaid fees for the unused term. Hellomatik has no duty for claims based on Customer Content, your settings, Integrations, or use that violates these Terms.
To the maximum extent allowed by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages. Neither party will be liable for loss of profits, revenues, goodwill, data, or business interruption. This applies even if told of the possibility.
Except for your payment duties and each party's indemnity duties, each party's total liability will not exceed the amounts you paid or owe to Hellomatik for the Service during the twelve (12) months just before the event causing liability.
Nothing in these Terms removes or limits liability where such removal or limit is not allowed by law. Examples include death or personal injury caused by negligence, fraud, or willful misconduct.
The fees reflect the sharing of risk in these Terms.
For clarity, Hellomatik is not liable for any unauthorized access, disclosure, loss, or damage that results from: (i) stolen credentials (including phishing or social engineering of your users); (ii) wrong settings of the Service or Integrations by you; (iii) problems or outages in third-party systems or networks you select or control; or (iv) actions performed by automations, agents, or users under your account and according to your instructions or settings.
Unless you opt out by written notice or through your account settings, you grant Hellomatik permission to identify you as a customer and use your name in customer lists, websites, and presentations, provided that: (a) logo usage requires prior written approval, (b) no false implication of endorsement or sponsorship is made, and (c) Customer may revoke this permission at any time.
You confirm that you and your users are not subject to sanctions. You will follow export, sanctions, and anti-corruption laws. You will not use the Service in banned places or for banned purposes.
We may change features, add limits, or stop parts of the Service with reasonable notice where possible. We may update these Terms from time to time by posting the revised version and updating the "Last updated" date. Material changes will take effect 30 days after posting (or as stated in the notice). Your continued use after the change takes effect means you accept it.
If there is a conflict between these Terms and an Order Form, SOW, or DPA, the order of precedence will be: (1) DPA (for processing on your behalf), (2) Privacy Policy (for Hellomatik-controlled data), (3) Order Form/SOW, then (4) these Terms. The Privacy Policy and Cookie Policy are binding as part of the service agreement. These Terms constitute the entire agreement on the subject matter and supersede prior agreements. You may not assign these Terms without Hellomatik's written consent; Hellomatik may assign to an affiliate or in connection with a merger, reorganization, or sale of assets, with prior notice to Customer. In the event of acquisition or merger, if the new owner has a material conflict of interest with Customer's industry, Customer may terminate without penalty within 60 days of written notice.
These Terms are governed by the laws of Spain, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of Madrid (Spain) and waive any objection to venue or forum non conveniens. Either party may seek injunctive or equitable relief in any court of competent jurisdiction.
Notices to Hellomatik must be sent to contact@hellomatik.com and to the postal address: HELLOMATIK, S.L., Calle Lago de Sanabria 60, 28981 Parla, Madrid, Spain. Notices are deemed given upon receipt.
Neither party will be liable for failure to perform its obligations (except payment obligations) when such failure is due to causes beyond its reasonable control, including natural disasters, pandemics, war, acts of terrorism, government actions, telecommunications or Internet provider failures, or large-scale cyberattacks. The affected party will notify the other without delay and make reasonable efforts to mitigate the impact. If the force majeure event persists for more than 60 days, either party may terminate the affected Service.
Upon request, Hellomatik will export Customer Content in a structured, commonly used format (e.g., JSON, CSV) within 15 business days. Customer may export data at any time via the admin console or API. The first export per calendar month is free; additional exports may incur reasonable fees communicated in advance.
Production features (non-beta) have a monthly availability target of 99.5%. If availability falls below this target during a calendar month, Customer may request a proportional credit for the downtime. This commitment does not apply to: (a) beta/preview features, (b) scheduled maintenance previously communicated, (c) force majeure events, or (d) interruptions caused by Customer's Integrations or configurations. Hellomatik will provide 90 days' notice before discontinuing or materially changing any API. Customer may terminate without penalty if a material API change is unacceptable.
If any provision is found unenforceable, the rest will stay in effect. Failure to enforce a provision is not a waiver.
By using the Service, you confirm that you have read and agree to these Terms. You are responsible for the acts and omissions of your Authorized Users, agents, and Integrations connected to your account.