1. Acceptance of these terms
These Terms of Service ("Terms") are a binding agreement between you and Hamton, based in Minneapolis, Minnesota ("Hamton," "we," "us"). By creating an account or using our website and applications (the "Service"), you agree to these Terms and to our Privacy Policy and Consent Policy. If you do not agree, do not use the Service.
2. Hamton is not medical care
Hamton is a de-escalation and comfort aid. It is not a medical device, and it does not provide medical advice, diagnosis, treatment, or monitoring. It does not replace your physician, your care team, medication management, professional supervision, or your own presence and judgment.
- Always follow the guidance of qualified healthcare professionals.
- Never disregard or delay seeking professional advice because of something experienced through the Service.
- In an emergency, or if someone is in danger or distress that needs urgent help, contact your local emergency number or care team immediately. The Service is not an emergency, monitoring, or crisis-response service and should not be relied on as one.
3. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of an organization (such as a care facility), you represent that you are authorized to bind that organization to these Terms.
4. Your account
You are responsible for the information you provide, for keeping your login credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use. You are responsible for the people you invite to your account and their use of the Service.
5. Voice recordings and consent
Hamton relies on voice recordings and memories. By uploading or recording any voice or information about another person, you represent and warrant that you have obtained all necessary rights and consents to do so, as set out in our Consent Policy, and that you will honor any withdrawal of consent. Recording a person's voice may be regulated by law in your area; you are responsible for complying with those laws.
6. Acceptable use
You agree not to:
- Record or use anyone's voice or information without proper authority and consent.
- Use the Service to deceive, defraud, harass, impersonate, or harm any person.
- Use the Service as a substitute for medical care, emergency response, or supervision.
- Upload unlawful, infringing, or harmful content, or violate anyone's privacy or rights.
- Reverse-engineer, disrupt, overload, or attempt to gain unauthorized access to the Service.
- Use the Service in violation of any applicable law or regulation.
7. Your content
You retain ownership of the voices, memories, and other content you provide ("Your Content"). You grant us a limited license to host, process, and use Your Content solely to operate and provide the Service to you and the people you authorize, as described in our Privacy Policy. We do not sell Your Content and do not use it to train public or general-purpose AI models. You are responsible for keeping your own copies of anything important to you.
8. Plans, billing, and cancellation
- Free trial. Every plan starts with a 7-day free trial. A payment method is collected at checkout, and you are not charged if you cancel before the trial ends. When the trial ends, the plan you chose begins and the first charge is made.
- Subscriptions renew automatically for the chosen period until cancelled. Prices and what each plan includes are shown at sign-up and may change with notice.
- Payment is processed by our payment provider; you authorize recurring charges for paid plans.
- Cancellation and refunds. You may cancel anytime from the app's settings; access continues until the end of the current billing period. Subscription fees already paid are not refunded for partial periods, and one-time minute packs are non-refundable once purchased, except where a refund is required by law or we choose to offer one. Unused purchased minutes roll over while your account is active.
- Taxes. Prices exclude taxes unless stated; you are responsible for applicable taxes.
9. Our intellectual property
The Service, including its software, design, branding, and content (excluding Your Content), is owned by us or our licensors and protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, or create derivative works from the Service except as permitted.
10. Third-party services
The Service may rely on or link to third-party services (for example, hosting, speech processing, and payment providers). We are not responsible for third-party services, and your use of them may be governed by their own terms.
11. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, create risk or legal exposure, or if we discontinue the Service, with notice where reasonable. On termination, your right to use the Service ends; sections that by their nature should survive (such as content licenses already exercised, disclaimers, liability limits, and dispute terms) will survive.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL ACHIEVE ANY PARTICULAR CALMING OR CLINICAL OUTCOME. Results vary from person to person, and Hamton may not de-escalate every situation.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hamton AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, GOODWILL, OR PROFITS, ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
14. Indemnification
You agree to indemnify and hold harmless Hamton and its affiliates from claims, damages, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, your violation of these Terms, or your violation of any law or the rights of others — including any failure to obtain required consent to record a person's voice.
15. Governing law and disputes
These Terms are governed by the laws of the State of Minnesota and the United States, without regard to conflict-of-laws rules. If a dispute arises, please contact us first at legal@hamton.co; most concerns can be resolved informally. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Hennepin County, Minnesota, and you and Hamton consent to the personal jurisdiction of those courts. Either party may instead bring an eligible claim in small-claims court.
16. Changes to these terms
We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-app) and update the "Last updated" date. Continued use after changes take effect means you accept the updated Terms.
17. Contact us
Questions about these Terms? Email legal@hamton.co or write to Hamton, 1500 Jackson St NE, Minneapolis, MN 55413, United States.
See also our Privacy Policy and Consent Policy.