Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the business communication platform ("Platform") provided by Havari Ltd, a company registered in England and Wales with company number 17161985 and registered office at Ground Floor, Radley House, Richardshaw Road, Leeds, LS28 6LE ("Havari," "we," "us," or "our").

By registering for, accessing, or using the Platform, you agree to be legally bound by these Terms. If you do not agree with these Terms, you must not use our Platform.

2. Definitions

• Client/User: The business or individual subscribing to or using the Platform.
• End User: The recipient of messages or calls sent through the Platform, or a person who contacts the Client through the Platform.
• Content: Any text, media, audio, or information submitted by Users via the Platform, including knowledge you provide to Havari AI.
• Services: The provision of SMS, email, WhatsApp, Facebook Messenger, Instagram, voice, Havari AI and related business communication services by Havari.
• Channels: The communication channels available through the Platform, including SMS, email, WhatsApp, Facebook Messenger, Instagram and, on AI+ plans, voice calls.
• Credits: Message credits, used to send messages across the Channels at the per-channel rates shown on our pricing page.
• AI Credits: Credits used by Havari AI features, as set out in Section 4D.
• Havari AI: The AI features of the Platform, including AI Copilot, AI Autopilot, the AI Inbound Call Handler and the AI Outbound Caller, together with the knowledge you provide to them.
• AI Output: Any text, message, voice response, summary, transcript or other content generated by Havari AI.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years old;
• Be authorised to represent the business entity you sign up on behalf of;
• Use the Platform for lawful business or marketing purposes only.

4. User Responsibilities

You agree to:

• Use the Platform in compliance with all applicable laws, including the UK GDPR, the Data Protection Act 2018, PECR, the Communications Act 2003 and Ofcom's General Conditions;
• Obtain valid consent from End Users before sending marketing messages via any channel;
• Keep your login credentials secure and notify us of any breach;
• Ensure your content does not infringe any third-party rights or contain prohibited material;
• Comply with the specific channel and AI requirements set out in Sections 4A–4G below.

You must not use the Platform to:

• Send unsolicited or spam messages or calls via any channel;
• Harass, defraud, or mislead recipients;
• Transmit viruses or malicious code.

4A. Email Communication

When using the Platform's email features (including direct email, shared inboxes, and marketing emails), you agree to:

• Comply with the Privacy and Electronic Communications Regulations 2003 (PECR), which require prior opt-in consent for marketing emails to individuals and sole traders;
• Include a clear and functional unsubscribe mechanism in all marketing emails and honour unsubscribe requests promptly (no later than 10 business days);
• Not use misleading sender names, subject lines, or reply-to addresses;
• Comply with the CAN-SPAM Act if sending to recipients in the United States, and equivalent laws in any other jurisdiction;
• Maintain accurate and up-to-date suppression lists and not send to addresses that have previously opted out;
• Only connect email accounts and domains that you are authorised to use; you are solely responsible for the security of connected accounts (Gmail, Outlook, or custom domain).

Havari may suspend email sending access if spam complaints exceed accepted industry thresholds or if we receive regulatory notices relating to your email activity.

4B. WhatsApp Messaging

Use of WhatsApp messaging through the Platform is subject to Meta's WhatsApp Business Policy and Terms of Service (available at whatsapp.com/legal/business-policy), in addition to these Terms. By using WhatsApp through our Platform, you agree to:

• Only send WhatsApp messages to End Users who have explicitly opted in to receive messages from your business via WhatsApp;
• Use only pre-approved WhatsApp Message Templates for outbound (business-initiated) messages outside the 24-hour service window, as required by Meta;
• Not send prohibited content including spam, misleading messages, content that infringes intellectual property rights, or content that violates Meta's policies;
• Not use WhatsApp for bulk or broadcast marketing to users who have not given clear opt-in consent for WhatsApp marketing specifically;
• Maintain a quality rating in good standing with Meta; repeated reports or blocks by End Users may result in your WhatsApp Business Account being restricted or banned by Meta;
• Comply with all applicable laws and regulations regarding electronic marketing in the jurisdictions of your End Users.

Havari acts as a Business Solution Provider (BSP) and is not responsible for any restriction, suspension, or termination of your WhatsApp Business Account by Meta. You are solely responsible for ensuring your use of WhatsApp complies with Meta's policies, including Meta's rules on the use of automated and AI-generated replies.

4C. SMS Messaging

SMS messaging through the Platform is subject to the following additional requirements:

• You must hold valid opt-in consent for all recipients of marketing SMS messages, in accordance with PECR and the ICO's guidance on direct marketing;
• Every marketing SMS must include a clear opt-out mechanism (e.g. "Reply STOP to unsubscribe");
• Alphanumeric sender IDs must accurately represent your business; misleading or impersonation sender IDs are strictly prohibited;
• You must comply with the Mobile Marketing Association (MMA) guidelines and any operator-specific requirements.

4D. Havari AI

Havari AI is available on the Growth AI+, Business AI+ and Enterprise AI+ plans ("AI+ plans"). The features and AI models included with each AI+ plan are described on our pricing page. We may change the underlying AI models we use from time to time, provided the overall capability of your plan is not materially reduced.

4D.1 AI Credits

• Each AI+ plan includes a monthly allowance of AI Credits. AI Credits are separate from message Credits and are used as follows: one (1) AI Credit per minute, or part of a minute, of an AI-handled inbound call; one and a half (1.5) AI Credits per minute, or part of a minute, of an outbound call made by Havari AI (including test calls); one (1) AI Credit per message sent or drafted by AI Autopilot on any Channel; one tenth (0.1) of an AI Credit per other AI Autopilot action (such as tagging, assigning, adding a note or updating a CRM record); and one tenth (0.1) of an AI Credit per AI Copilot action (such as suggesting a reply, writing a message or improving a draft).
• Messages sent by Havari AI also use message Credits at the normal per-channel rate, in addition to AI Credits.
• AI Credits reset to your plan's allowance (plus any additional AI Credits you have bought) at the start of each monthly allowance period. Unused AI Credits do not carry over.
• When your AI Credit balance runs out, AI features pause until your allowance resets or you buy additional AI Credits. We are not liable for any call, message or enquiry that is not handled by Havari AI because your AI Credits have run out.
• Additional AI Credits are charged at the per-credit rate for your plan shown in the Platform at the time of purchase, are added to your balance straight away, and are then billed monthly with your plan for as long as you keep them.

4D.2 AI Setup

• Havari AI is available to set up in the Platform as soon as an AI+ plan or AI+ trial starts. You are responsible for the business information, instructions and settings you give it.
• A one-time AI setup fee of £100 (plus VAT) applies to AI+ plans billed monthly. The setup fee is waived for AI+ plans billed annually, and is not charged during a free trial. The setup fee is non-refundable.

4D.3 AI Copilot

AI Copilot suggests replies and drafts or improves messages inside the Platform. AI Copilot never sends anything on its own: you are responsible for reviewing and editing any AI Output before you send it, and for all messages you send.

4D.4 AI Autopilot

• AI Autopilot replies to End Users automatically, on the Channels and within the rules you configure. Messages sent by AI Autopilot are sent on your behalf and you are responsible for them as if you had sent them yourself.
• You must configure AI Autopilot responsibly, keep the knowledge it relies on (such as prices, opening hours, policies and offers) accurate and up to date, and monitor its conversations. AI Autopilot is designed to hand a conversation to your team when it cannot answer, when the End User asks for a person, or when your handover rules say so.
• AI Autopilot replies to conversations and is not to be used to send unsolicited marketing. All channel rules in Sections 4A–4C (including consent, opt-outs and Meta's messaging windows) apply to messages sent by AI Autopilot.

4D.5 Accuracy of AI Output

AI Output is generated automatically and may be inaccurate, incomplete or inappropriate. AI Output is not professional advice (including legal, financial, medical or tax advice). You must not configure Havari AI to give regulated advice, to make decisions that have legal or similarly significant effects on individuals, or to be the sole means of handling urgent, safety-critical or vulnerable-customer matters. You are responsible for checking that Havari AI is suitable for your use.

4E. AI Calls (Inbound and Outbound)

The AI Inbound Call Handler and AI Outbound Caller make and receive voice calls on your Havari phone numbers. In addition to Section 4D, you agree that:

4E.1 All AI calls

• AI disclosure: Havari AI is designed to identify itself as an AI assistant at the start of each call and whenever it is asked, and you must not change or remove that disclosure. You must not configure, instruct or present Havari AI as a human being.
• Recording and transcription: AI calls are recorded and transcribed so that summaries, transcripts and outcomes can be added to your inbox and CRM. Your call greeting must tell callers that the call may be recorded. You are responsible for telling End Users about this in your own privacy notice, and for having a lawful basis to record and process call content.
• Caller ID: Calls present a valid, dialable Havari phone number belonging to your business, as required by Ofcom's General Conditions. You must not use the Platform to hide or spoof caller ID.
• Not an emergency service: Havari AI cannot make or transfer calls to emergency services and must not be relied on for emergencies. If you serve customers who may need urgent help, your greeting and knowledge must direct them to appropriate services.
• No voice cloning: You must not use Havari AI to imitate the voice or identity of any real person.

4E.2 Outbound AI calls

• You are responsible for ensuring every outbound AI call is lawful. Marketing calls are regulated by PECR: you must not call anyone who has told you they do not want your calls, and you must screen numbers against the Telephone Preference Service (TPS) and Corporate Telephone Preference Service (CTPS) unless the person has specifically consented to calls from you. Where the law treats an AI call as an automated call, marketing calls require the person's prior consent.
• You must only call people whose numbers you obtained lawfully, only at reasonable times of day, and you must honour any request to stop calling immediately and make sure that person is not called again.
• Every outbound AI call must identify your business by name and, if asked, give a way to contact you. You must not use outbound AI calls for debt collection, political campaigning, or any purpose that Ofcom treats as persistent misuse of a network, including silent or abandoned calls.
• Havari may pause, limit or block outbound AI calling for your account at any time if we reasonably believe it breaches these Terms, the law, Ofcom rules or a carrier's requirements, or if we receive complaints.

4F. AI Acceptable Use and Transparency

You must not use Havari AI to: deceive End Users about whether they are interacting with AI; generate unlawful, harmful, discriminatory, defamatory or sexually explicit content; collect special category data (such as health, religion or ethnicity) unless you have a lawful basis and appropriate safeguards; target children; or for any practice prohibited by the EU AI Act or equivalent laws where they apply to you. Where you use Havari AI to interact with people in the EU, you must meet the transparency requirements that apply to AI systems interacting with people, and Havari AI may add an AI disclosure to conversations to help you do so.

We may monitor Havari AI usage for security, abuse prevention and compliance, and may suspend Havari AI features (without affecting the rest of the Platform) where we reasonably believe they are being misused.

4G. AI Content and Data

• As between you and Havari, you own the knowledge you provide to Havari AI and the AI Output generated for you, and you grant us a licence to use them only to provide the Services to you. Similar AI Output may be generated for other customers.
• Havari AI uses third-party AI model and voice providers acting as our sub-processors. We do not allow your Content, End User data or AI Output to be used to train third-party AI models. Details are set out in our Privacy Policy.

5. Data Protection and Privacy

Havari is committed to protecting personal data in accordance with the UK GDPR and the Data Protection Act 2018.

You are the Data Controller of End User data you upload or collect, including data processed by Havari AI and AI call recordings and transcripts.

We act as a Data Processor on your behalf.

You must ensure all End User data is lawfully obtained and processed.

Please refer to our Privacy Policy for full details on how we handle personal data.

6. Intellectual Property

All intellectual property in the Platform and its content (excluding user content) belongs to Havari or its licensors.

You retain ownership of content you upload but grant us a licence to use it for providing the Services.

You may not reproduce, distribute, or modify any part of the Platform without our written consent.

7. Fees and Payment

Pricing for the Platform is outlined at the time of subscription and on our pricing page, which forms part of these Terms.

All fees are exclusive of VAT unless stated otherwise.

7.1 Plans

• Core plans (Starter, Growth, Business and Enterprise): Paid subscriptions covering all messaging Channels, with monthly allowances of Credits, automation tasks and (on Growth and above) API tasks, plus limits on contacts, templates and users, as set out on our pricing page.
• AI+ plans (Growth AI+, Business AI+ and Enterprise AI+): Everything in the matching core plan, plus Havari AI and a monthly allowance of AI Credits, as described in Section 4D.
• Custom pricing: If you need more than the allowances of our published plans, our sales team can agree custom pricing with you in writing. Where that agreement differs from these Terms, the written agreement applies.
• Billing frequency: Plans are billed monthly in advance, or annually in advance. Annual billing is discounted against twelve (12) months of monthly fees and is charged in full at the start of each year.
• Customers on earlier pricing: If you subscribed before our current plans were introduced, your existing price and allowances continue until you change plan or your contract renews at then-current pricing (see Section 10.4).

7.2 Free Trial

New businesses may try any plan free for 14 days, with 50 Credits, 50 AI Credits on AI+ plans, and a temporary UK phone number. No payment details are needed to start a trial. You may switch which plan you are trying during the trial without extending it. At the end of the trial your account is paused, your remaining trial Credits and AI Credits are removed and the temporary number is released unless you subscribe. One trial is allowed per business.

7.3 Billing Terms

• Monthly billing: Plans billed monthly run on a rolling monthly term. They are charged automatically each month and continue until cancelled. There is no minimum contract length.
• Annual billing: Plans billed annually are paid in full, in advance, for a 12-month term at the discounted annual price. Because the year is paid up front, the annual term runs for the full 12 months and is not refundable part way through.
• Upgrades: You may upgrade at any time. An upgrade takes effect immediately, is charged pro rata for the rest of the current billing period, and starts a new term (monthly or annual, matching your billing) from the date of the upgrade. Starter and Growth customers may upgrade to any higher core plan or any AI+ plan; Business customers to Enterprise, Business AI+ or Enterprise AI+; and Enterprise customers to Enterprise AI+. Upgrading to an AI+ plan on monthly billing also incurs the AI setup fee in Section 4D.2.
• Downgrades: Moving to a lower plan, or from an AI+ plan to a plan without Havari AI, takes effect at the end of your current term: the end of the billing month on monthly billing, or the end of the 12-month term on annual billing.

7.4 Credits and Allowances

• Credits are a single pool used across all Channels at the per-channel rates shown on our pricing page. SMS costs vary by destination country.
• Your plan's Credit allowance (plus any additional Credits you have bought) is added to your balance at the start of each monthly allowance period. Unused Credits carry over while your subscription remains active.
• Automation tasks, API tasks and AI Credits reset to your allowance at the start of each monthly allowance period. Unused automation tasks, API tasks and AI Credits do not carry over.
• For annual plans, allowances are provided monthly in the same way as for monthly plans.
• There are no automatic overage charges. When a balance runs out, the related feature pauses (for example, sending messages, running automations, using the API or using Havari AI) until the balance resets or you buy more.
• All unused Credits, tasks and AI Credits are forfeited, with no refund, when your subscription ends or is terminated.

7.5 Add-ons

You may buy add-ons in the Platform, including additional Credits, automation tasks, API tasks (Growth and above), AI Credits (AI+ plans), contacts and team members. Add-ons are charged when you buy them and are then billed monthly with your plan, at the price shown when you bought them, for as long as you keep them. Additional contacts and team members raise your plan's limits for as long as you keep paying for them.

7.6 Usage Limits

Each plan includes the user, contact, template, saved view and layout limits shown on our pricing page, and API and automation rate limits that we may apply to protect the Platform. Business plans and above receive higher rate limits. We may suspend usage that we reasonably consider excessive or abusive.

7.7 Phone Numbers

Phone numbers are charged monthly at your plan's phone number price, are added to your subscription, and are subject to the regulatory requirements of the relevant country.

7.8 Payment Terms

Payment for subscriptions, add-ons and phone numbers is processed automatically via your registered payment method on each billing date.

Failure to maintain valid payment details or unsuccessful payment attempts may result in:

• Suspension of service until payment is received;
• Late payment fees of £25 per failed payment attempt after 7 days;
• Termination of your account and liability for all outstanding fees.

7.9 Price Changes

We may change our prices with 60 days' written notice. On annual billing, a price change will not apply to your plan or add-ons until the end of your current 12-month term.

7.10 Taxes

You are responsible for all applicable taxes, including VAT, sales tax, or other local taxes associated with your use of the Platform. If we are required to collect or pay taxes, they will be invoiced to you in addition to the stated fees.

8. Service Availability and Support

We aim to provide the Platform with minimal disruption, but do not guarantee uninterrupted service. Havari AI and AI calls depend on third-party AI model, voice and telephony providers, and may be unavailable or degraded from time to time.

Scheduled maintenance will be communicated in advance where possible.

Support is available via support@havari.com or 0333 1888 388. The support response times for each plan are shown on our pricing page and are targets, not guarantees, unless agreed otherwise in writing.

9. Limitation of Liability

To the fullest extent permitted by law:

• Havari shall not be liable for any indirect, incidental, or consequential damages, or for loss of profits, revenue, business or opportunity;
• Havari shall not be liable for AI Output, or for any message sent or call made or handled by Havari AI on your behalf, except to the extent caused by our breach of these Terms;
• Our total liability for direct damages shall not exceed the amount paid by you in the preceding 12 months.

You will indemnify Havari against claims, fines and losses arising from your breach of Sections 4 to 4G, including any unlawful marketing messages or calls sent or made through the Platform.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or other liabilities which cannot be excluded under law.

10. Termination

10.1 Termination by Havari

We may suspend or terminate your access if:

• You breach these Terms;
• You fail to pay fees when due;
• You engage in prohibited activities including sending spam, unsolicited messages or calls, or illegal content;
• Required by law or regulatory authority;
• Your use of the Platform poses a security or compliance risk.

We will provide reasonable notice where possible, except in cases of serious breach, legal requirement, or risk to our systems or other users.

10.2 Cancellation by Client

You may cancel at any time from the Billing area of the Platform or by emailing support@havari.com.

• Monthly billing: Cancellation takes effect at the end of your current billing month. You keep full access and your allowances until then, and you will not be charged again. We do not refund part months.
• Annual billing: Your annual term has been paid in full, so it continues to the end of the 12-month term and is not refunded part way through. To stop it renewing, cancel at least 30 days before the renewal date (see Section 10.3).

10.3 Renewal

Monthly plans renew automatically each month until cancelled. Annual plans renew automatically for a further 12-month term unless you cancel at least 30 days before the end of your current annual term. We will remind you 60 days before an annual renewal date. Renewals are at the then-current pricing for your plan unless otherwise agreed.

10.4 Effects of Termination

Upon termination of your account:

• Your access to the Platform and all associated services, including Havari AI, will cease;
• You will lose access to any data, reports, templates, AI knowledge, call recordings, transcripts or content stored in the Platform;
• Outstanding invoices and fees remain due and payable, including any amounts already due for the current term;
• Any remaining unused Credits, tasks and AI Credits are forfeited and non-refundable;
• Phone numbers may be released unless you port them out before termination;
• We may retain your data for a limited period as required by law or for legitimate business purposes (see our Privacy Policy).

We strongly recommend exporting any important data before account termination, as we cannot guarantee data retrieval after termination is complete.

10.5 No Refunds

No refunds will be given for fees already paid, including subscription fees, the AI setup fee, add-ons, phone numbers or usage charges, except where required by law. This no-refund policy applies to all plans and payment methods.

11. Changes to Terms

We may amend these Terms from time to time. Changes will be notified via the Platform or email. Continued use of the Platform following changes indicates your acceptance of the revised Terms.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

You agree that any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the English courts.

13. Contact

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