Hearby

TERMS · PLAIN ENGLISH

The deal
between us.

Last updated · 21 May 2026 · v1.0 · Governing law · Delaware, USA

No fine-print games. Twenty bucks a month gets you the smartest line in the room. Either side can walk away anytime.

THE TRADE

You pay · we listen

Twenty a month or ninety-nine a year. Unlimited whispers. Same product, same privacy.

THE EXIT

Cancel any second

One tap in the App Store, or email billing. No retention games, no winback drip.

THE LAW

Delaware · arbitrated

SF arbitration unless you opt out in 30 days. Small-claims always open.

What you get

Access to the Hearby iOS application and our hosted backend for the duration of your active subscription. Unlimited whispers during your trial, hard-capped at sensible rate limits to keep abuse off the platform.

What you pay

How you use it

You agree to use Hearby only in conversations where you’re a lawful participant. You agree not to use it for harassment, fraud, illegal surveillance, or anything that violates local wiretap, recording, or privacy law. The geofence is a guard rail, not absolution — local law is on you.

What we own, what you own

We own the Hearby code, branding, models we train, and the service. You own the data we hold about you and your conversations. The whispers we generate are yours to use, ignore, or quote — but the underlying language models and prompt pipelines remain ours.

What we don’t promise

Cues are suggestions, not facts. We don’t guarantee accuracy, appropriateness, or outcomes. Use your judgement. If Hearby suggests something dumb, ignore it — that’s the worst case, and we built the product so the downside is silence.

When we can end this

If you violate these terms, harass other users, or use Hearby for illegal purposes, we can suspend or terminate your access immediately. We’ll refund any unused subscription period unless the termination is due to abuse.

Limitation

To the maximum extent permitted by law, our total liability for any claim is capped at the amount you paid us in the twelve months before the event giving rise to the claim. Nothing here limits liability that can’t legally be limited.

Disputes

Governing law: Delaware, USA. Disputes go to arbitration in San Francisco unless you opt out within 30 days of agreeing. You can always bring a claim in small-claims court.

Changes

If we change these terms in a way that affects your rights, we’ll email you 30 days before the change. Continued use after that means you accept.

THE FULL LEGAL VERSION

For when you (or your lawyer) want every word.

The summary above is how we think about it. Below is how a court would read it. The two say the same thing — the lower version just spells it out the way the law expects.

You must be at least 18 years of age to use the Service. By using Hearby, you represent and warrant that:

  • You are at least 18 years old;
  • You have the legal capacity to enter into these Terms;
  • You are not located in, or a national or resident of, any jurisdiction where use of the Service is prohibited by law or in violation of any U.S., Australian, EU, or other applicable export or sanction regulation;
  • You will use the Service only for lawful purposes and in compliance with these Terms.

You agree NOT to use the Service to:

5.1 · Two-Party Recording Prohibition

Record, intercept, or process audio of another person without that person’s consent in any jurisdiction that requires the consent of all parties to a recorded communication, including but not limited to California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington (the “Two-Party States”). When you are physically located in a Two-Party State, the Service will automatically (a) prompt you to use Disclosure Mode, in which the app audibly announces the use of AI assistance to the other party prior to processing their voice, or (b) require Solo Mode, in which only your own voice is processed and the other party’s voice is discarded prior to transcription. You are solely responsible for ensuring you have the legal authority to capture audio in your jurisdiction.

5.2 · Evidence and Forensic Use

Use the Service or any output to gather evidence for litigation, criminal investigations, or any forensic purpose. Whispers are AI-generated suggestions and are not admissible as evidence of fact.

5.3 · Background Screening (FCRA Prohibition)

Use the Service or any output to make decisions about employment, credit, housing, insurance, government benefits, or any other purpose covered by the U.S. Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or any analogous state or international law.

5.4 · Legal Advice (UPL Prohibition)

Treat any Whisper as legal advice. The Service is not a substitute for a licensed attorney. We do not engage in the practice of law and are not authorized to do so in any jurisdiction.

5.5 · Medical Advice (FDA Prohibition)

Treat any Whisper as medical advice, diagnosis, or treatment. The Service is not a medical device and is not subject to FDA clearance or approval.

5.6 · Fraud, Impersonation, Stalking, Harassment

Use the Service to defraud, impersonate, stalk, harass, surveil, or harm any person. Use the Service for any unlawful purpose.

5.7 · Technical Abuse

Reverse engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law. Use any automated means (bot, scraper, etc.) to access the Service other than the published mobile app. Attempt to circumvent rate limits, authentication, or security measures.

5.8 · Children

Allow any person under 18 to use the Service under your account.

We may suspend or terminate your account, with or without notice, for any violation of this Section 5. The full list of behaviour we won’t tolerate lives in the Acceptable Use Policy.

6.1 · Jurisdictional Authority

Each time you initiate a Whisper session, you affirmatively represent and warrant that you have the legal authority to capture, process, and analyze audio in your present jurisdiction and with respect to all parties to the conversation.

6.2 · Indemnification

You agree to defend, indemnify, and hold harmless Hudhild Pty Ltd, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Service, (b) your breach of these Terms, (c) your violation of any applicable law, or (d) any third-party claim that your use of the Service caused harm to that third party.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA OR CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

WE EXPRESSLY DISCLAIM ANY WARRANTY THAT WHISPERS ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT. WHISPERS ARE AI-GENERATED SUGGESTIONS AND ARE NOT FACTS, ADVICE, OR ADMISSIBLE EVIDENCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUDHILD PTY LTD OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION; OR (B) AGGREGATE DIRECT DAMAGES IN EXCESS OF THE AMOUNTS YOU HAVE PAID TO HEARBY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THE FOREGOING LIMITATIONS APPLY WHETHER A CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF HEARBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST HEARBY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

You can still bring an individual action in small-claims court, and you have 30 days from first accepting these Terms to opt out of arbitration entirely by emailing legal@hearby.co.

If you downloaded the Hearby app from the Apple App Store, you acknowledge that these Terms are between you and Hudhild Pty Ltd, not Apple, and that Apple has no obligation to provide support or address claims relating to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Maintenance, support, and product warranty obligations (if any) are the responsibility of Hearby, not Apple. Any claims relating to the app’s failure to conform to any warranty may be directed to Hearby, and Apple has no responsibility for product liability, consumer-protection, intellectual-property, or other claims relating to the app.

Entity · Hudhild Pty Ltd (ABN [TBD]) · Governing law · Delaware, USA · Notices · legal@hearby.co

Questions? legal@hearby.co

Start 14-day free trial