1. Who you're agreeing with.
These Terms apply between you and the team that operates Herbie at callherbie.com (“we,” “us,” “Herbie”). They cover the website, the waitlist signup, and the demo call. They do not yet cover any paid product — when one exists, separate terms will apply to it and we’ll point you at them.
2. Who can use Herbie.
You need to be at least 18 years old to use the site, join the waitlist, or place a demo call. If you’re placing a demo call about an older adult in your life, that’s fine — you’re still the person agreeing to these Terms, not them.
You agree to provide accurate information when you fill out our forms, and to use the site only in ways that are legal where you live and where our servers run (the United States).
3. The demo call.
When you submit your phone number on the demo form, you’re asking us to place one short outbound call to that number to demonstrate what Herbie sounds like. By submitting, you confirm that the number you entered belongs to you (or that you have permission to receive calls at it).
The voice is AI.Herbie is not a person. We’re upfront about that on the call itself.
The call may be recorded and transcribed by our voice provider as part of running the call. See our Privacy Policy for details and how to ask us to delete a recording.
We won’t call you again.The demo is one call. We don’t use demo phone numbers for marketing and we don’t sell them.
The demo is free, and may go away. We may change, suspend, or end the demo at any time — for example if abuse forces us to, or once the real product launches.
4. The waitlist.
Joining the waitlist gets you on a list of people we plan to email about Herbie’s launch and early access. It does not guarantee an account, an invitation, a price, or a timeline. We reserve the right to launch in stages and to invite waitlist members in whatever order we think makes sense.
You can leave the waitlist at any time by clicking the unsubscribe link in any email we send, or by emailing hello@callherbie.com.
5. What you can't do.
You agree not to:
- Use the site or the demo to harass, defraud, or harm anyone.
- Submit phone numbers that aren’t yours and that you’re not authorized to receive calls at.
- Place demo calls to anyone for the purpose of pranking, spamming, or scaring them.
- Try to break, scrape, reverse-engineer, or overload the site or any of the underlying services.
- Use the site for anything illegal, including violations of telemarketing, robocalling, or anti-spam laws.
- Pretend to be someone else when filling out our forms.
If we think you’re doing any of these, we may rate-limit you, block you, delete your data, or refuse to continue the demo — without notice and without owing you anything.
6. What we own, and what you do.
The site, the brand, the writing on every page, the artwork, and the underlying software are ours — or licensed to us — and are protected by copyright, trademark, and other laws. You’re welcome to read the site, share the URL, and quote short excerpts in normal contexts. You’re not welcome to copy the design wholesale, scrape the content for an LLM training set, or sell anything derived from it.
If you send us feedback, suggestions, or ideas — by email, on a demo call, or in a survey — we’re free to use them without owing you anything. Don’t send us things you consider trade secrets through these channels.
7. Herbie is not medical advice.
The demo is a conversation with an AI voice. It is not medical care, mental-health care, emergency assistance, or any kind of professional advice. If you or someone you love is in a medical or mental-health crisis, call your doctor or emergency services (911 in the United States) — don’t call Herbie.
8. Third-party services.
Herbie runs on top of services from other companies — our host (Vercel), our database (Neon), our voice infrastructure (Retell), our email provider (Resend), and others listed in our Privacy Policy. Those services have their own terms and privacy policies. If they go down, the site may go down with them; if their terms change, what we’re able to offer may change too. We don’t control them and we can’t guarantee their uptime or behavior.
9. The site is provided as-is.
We work hard on this. We still don’t promise it will always work, always be available, always be free of bugs, or always behave the way you expect. To the maximum extent permitted by law, the site and the demo are provided “as is” and “as available,” without warranties of any kind — express, implied, or statutory — including merchantability, fitness for a particular purpose, and non-infringement.
Some jurisdictions don’t allow some of those exclusions. If yours is one, the parts that aren’t allowed don’t apply to you, but the rest still do.
10. Limit of our liability.
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the site or the demo — including lost profits, lost data, or lost goodwill — even if we’ve been advised that such damages are possible.
Our total liability to you for any claim related to the site or the demo is capped at $100, or, if higher, the total amount you’ve paid us in the 12 months before the claim arose (which, today, is $0).
11. Your responsibility for your conduct.
If your use of the site or the demo causes us a problem — because you broke these Terms, or you used the demo line in a way that violates the law, or you submitted someone else’s phone number without their permission — you agree to defend us, hold us harmless, and reimburse us for the reasonable legal fees, costs, and damages we incur as a result.
12. Ending things.
You can stop using the site and the demo whenever you want. We can stop offering them whenever we want — or limit your access to them — without notice.
If we end your access (because you’ve broken these Terms, abused the demo, or for any other reason), the sections of these Terms that by their nature should survive — ownership, no-warranty, liability cap, dispute resolution — will keep applying.
13. Governing law and disputes.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.
Disputes:if we can’t resolve a dispute informally — and we’d strongly prefer to try, by you emailing hello@callherbie.com — any dispute arising from your use of the site or the demo will be resolved by binding arbitration administered by JAMS, in San Francisco, California, under JAMS’s applicable rules. The arbitrator’s award is final and enforceable in any court of competent jurisdiction.
Class action waiver: you agree to bring any claim against us in your individual capacity only, and not as part of a class action or representative proceeding.
Small-claims carve-out: either of us may still bring a qualifying claim in small-claims court instead of arbitration.
14. Changes to these Terms.
We may revise these Terms from time to time. When we change them in a way that meaningfully affects your rights, we’ll bump the effective date at the top and — for material changes — email everyone on the waitlist before the change takes effect. The current version always lives at this URL.
15. Miscellaneous.
These Terms, together with our Privacy Policy, are the entire agreement between you and Herbie about your use of the site and the demo. If a court finds any part of them unenforceable, the rest still apply. Our not enforcing a particular term right away doesn’t mean we’ve given up the right to enforce it later. You can’t transfer these Terms to anyone else; we can transfer them as part of a merger, acquisition, or sale of the business.
16. Questions.
Send them to hello@callherbie.com. A real person reads it.