The agreement, in plain sentences.

1. Agreement

This is an agreement between Digital Swap LLC, 493 Farnham Avenue, Lodi, NJ 07644 (“we,” “us”) and the business subscribing to Hola (“you”). By creating an account, forwarding a number to Hola, or paying an invoice, you agree to these terms. If you are agreeing on behalf of a company, you confirm you are authorized to do so.

2. What the service is

Hola is software that answers your business phone and messages. It speaks with callers, answers questions from the information you give it, takes orders and appointments, sends messages, routes or transfers to a person under rules you set, and records, transcribes, and summarizes conversations in your dashboard.

Hola is an assistant, not an employee, agent, or licensed professional. It does not provide legal, medical, or financial advice, and it is not an emergency service.

3. Your account

Keep your login credentials secure and accurate, and tell us promptly if you believe someone else has access. You are responsible for what your users do in the account. You must be at least 18 and operating a legitimate business.

4. Fees, billing, and cancellation

• Plans are billed monthly in advance at the price listed on our pricing page. There is no setup fee and no minimum term.
• Each plan includes the voice minutes listed. Minutes beyond the included amount are billed in arrears at the plan’s per-minute rate.
• You can cancel at any time, effective at the end of the current billing period. We do not prorate partial months.
• Fees are exclusive of taxes. Late amounts may accrue interest at 1.5% per month or the maximum allowed by law.
• We may change prices with 30 days’ notice before your next renewal.

5. Your responsibilities

You are responsible for the following, and they matter:

• Accuracy. The hours, prices, menus, and rules you give Hola. It will repeat them to your customers.
• Consent and telecom law. Complying with the Telephone Consumer Protection Act, CAN-SPAM, state recording and consent laws, and carrier and CTIA messaging rules for the numbers you message and call, including keeping records of opt-in. See our Messaging Program.
• Notice to callers. Giving any recording or automated-assistant disclosure required where you and your callers are located.
• Review. Reading what Hola told your customers. Transcripts and summaries are in your dashboard for exactly this reason.

6. Acceptable use

You may not use Hola to:

• Send unsolicited marketing calls or texts, or message anyone who has opted out.
• Impersonate another business or person, or misrepresent who is calling.
• Handle emergency, crisis, medical triage, or safety-of-life communications.
• Collect payment card numbers, Social Security numbers, or protected health information over a Hola call, unless we have agreed in writing to support it.
• Break the law, infringe someone’s rights, harass anyone, or attempt to breach or reverse engineer the service.
• Resell the service without a written agreement with us.

We may suspend an account that violates this section, and will tell you why.

7. Emergency calls

Hola does not support 911 or other emergency calling. Do not forward a line to Hola that people rely on to reach emergency services, and make sure a working alternative exists.

8. How the AI behaves

Hola generates speech and text automatically. It can misunderstand a caller, mishear a name in a noisy room, or answer incorrectly. We work continuously to reduce this, but we do not warrant that every response will be accurate or complete. You are responsible for honoring or correcting commitments Hola makes on your behalf, and for setting routing rules that send sensitive calls to a person.

9. Your data and ours

You own your business information and the recordings, transcripts, and message content from your conversations. You grant us a license to process it to run the service, as described in our Privacy Policy. We own the Hola software, models, interfaces, and brand. You may export your data at any time while the account is active and for 30 days after it closes.

10. Third-party services

Hola relies on carriers, messaging platforms, calendar providers, and speech and language processing vendors. Their outages, policies, and changes can affect the service, and we are not responsible for their acts or omissions.

11. Availability

We aim for 99.9% monthly availability, excluding scheduled maintenance and events outside our control. If we fall materially short in a month, contact us and we will credit your account.

12. Disclaimers

Except as expressly stated, the service is provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or goodwill. Our total liability for any claim is limited to the fees you paid us in the three months before the event giving rise to the claim.

14. Indemnity

You will defend and indemnify us against claims arising from your use of the service in violation of these terms or of law, including claims about calls or messages sent to your customers without required consent.

15. Termination

Either party may terminate for convenience at the end of a billing period, or immediately for a material breach that is not cured within 15 days of notice. On termination we stop the service, and your data is handled as described in the Privacy Policy.

16. Governing law and disputes

These terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. Disputes will be brought in the state or federal courts located in Bergen County, New Jersey, and both parties consent to that jurisdiction. Each party waives a jury trial.

17. Changes

We may update these terms. Material changes take effect 30 days after we post them and email account owners. Continuing to use the service after that means you accept the new version.

18. Contact

Digital Swap LLC, 493 Farnham Avenue, Lodi, NJ 07644. admin@digitalswap.co · (855) 747-0022