Terms of Service

1. Acceptance of Terms

By accessing or using SayHi.biz ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. We reserve the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.

2. Description of Service

SayHi.biz provides a reputation management platform that helps businesses collect, manage, and route customer feedback and reviews. Our Service includes:

• Review funnel creation and management
• Feedback collection and storage
• Email and SMS messaging capabilities (on paid plans)
• Analytics and reporting tools

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of your business.

4. Account Termination and Suspension

4.1 Our Right to Terminate

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms of Service
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Excessive complaints from recipients of your messages
• Use of the Service in a manner that harms our reputation or operations

4.2 Your Right to Terminate

You may terminate your account at any time by contacting support@sayhi.biz. Termination does not relieve you of any obligations to pay outstanding fees.

5. Billing and Payments

5.1 Subscription Plans

Paid plans are billed on a monthly recurring basis. By subscribing to a paid plan, you authorize us to charge your payment method on file through our payment processor, Square.

5.2 Refund Policy

Refunds are offered on an individual, case-by-case basis and are not guaranteed. To request a refund, contact support@sayhi.biz with your account details and reason for the request. We will review each request and respond within 5-7 business days.

5.3 Plan Changes

You may upgrade your plan at any time, with changes taking effect immediately. Downgrades will take effect at the start of your next billing cycle. No prorated refunds are provided for downgrades.

5.4 Failed Payments

If a payment fails, we will attempt to charge your payment method again. Continued payment failures may result in account suspension or termination.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Send spam, unsolicited messages, or violate anti-spam laws (CAN-SPAM, GDPR, etc.)
• Harass, abuse, or harm others
• Impersonate any person or entity
• Violate any applicable laws or regulations
• Attempt to gain unauthorized access to our systems
• Use the Service to collect or store personal data without proper consent
• Resell or redistribute the Service without authorization

7. Opt-Out and Contact Restrictions

We reserve the right to limit who you can contact through our Service. This includes:

• Maintaining an opt-out list of individuals who have unsubscribed from your messages
• Blocking messages to recipients who have complained about your communications
• Suspending messaging capabilities if we detect abuse or excessive complaints
• Requiring you to honor all opt-out requests immediately

You must respect all opt-out requests and may not contact individuals who have opted out through any means, including manual outreach.

8. Content and Data Ownership

8.1 Your Content

You retain ownership of all content you submit to the Service, including customer feedback, business information, and messages. By using the Service, you grant us a license to use, store, and process your content to provide the Service.

8.2 Marketing Rights

As detailed in our Privacy Policy, you grant us permission to use your business name and general information for marketing purposes, including listing you as a client and using anonymized success metrics in case studies.

9. Service Availability and Modifications

We strive to provide reliable service but do not guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Perform maintenance that may temporarily affect availability
• Change pricing, features, or plan structures with reasonable notice

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Service is provided "AS IS" without warranties of any kind
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not responsible for third-party services (Square, Mailgun, etc.) or their failures

11. Indemnification

You agree to indemnify and hold harmless SayHi.biz, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you submit or messages you send through the Service

12. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class action lawsuits.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

14. Contact and Support

For questions about these Terms, billing issues, refund requests, or technical support, please contact:

15. SMS Messaging Terms (A2P / Twilio Compliance)

By providing your mobile phone number and opting in to receive SMS messages through SayHi.biz, you expressly consent to receive text messages related to review requests, customer feedback, account notifications, and service-related communications.

15.1 Message Frequency

Message frequency varies depending on your interaction with the Service and your business’s activity. You may receive recurring messages related to review requests, feedback follow-ups, reminders, or account notifications.

15.2 Message and Data Rates

Message and data rates may apply. Charges are determined by your mobile carrier and are your responsibility.

15.3 Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive. After you send STOP, you will receive a confirmation message and no further messages will be sent to your mobile number unless you opt in again.

You may also opt out by clicking the opt-out link included in the original review request message sent to you.

15.4 Help and Customer Support

For assistance, reply HELP to any SMS message you receive or contact our support team at support@sayhi.biz.

15.5 Consent and Carrier Disclaimer

Consent to receive SMS messages is not a condition of purchase. Wireless carriers are not liable for delayed or undelivered messages. You are responsible for providing an accurate mobile number and notifying us if your number changes.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SayHi.biz regarding the Service and supersede all prior agreements.