Terms of Service

1. Introduction and Acceptance of Terms

1.1 Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and HeyThanks LLC, a Texas limited liability company ("HeyThanks," "Company," "we," "us," or "our"), governing your access to and use of the HeyThanks platform, including our website at heythanks.app, our web application, APIs, and all related services (collectively, the "Service" or "Services").

1.2 Acceptance

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at heythanks.app/privacy), and any additional terms, policies, or guidelines we may publish from time to time (collectively, the "Agreement"). If you do not agree to these Terms, you must not access or use the Service.

1.3 Authority to Bind

If you are using the Service on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to both you individually and the entity you represent. If you do not have such authority, or if you do not agree to these Terms, you must not accept these Terms and may not use the Service.

1.4 Eligibility

You must be at least eighteen (18) years of age and capable of forming a binding contract under applicable law to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. The Service is intended for business use only. You represent and warrant that you own or have legal authority to manage the business profiles and accounts you connect to the Service.

2. Description of Service

2.1 Overview

HeyThanks is an artificial intelligence ("AI") powered platform that provides automated review response services. The Service connects to your business profiles on third-party platforms (such as Google Business Profile) via OAuth authorization, monitors and syncs customer reviews, uses AI technology to generate response suggestions, and—depending on your settings—automatically posts those responses to your business profiles on your behalf.

2.2 Core Functionality

The Service provides the following core functionality:

• Review Monitoring: Connecting to and monitoring your business profiles for new customer reviews
• AI Response Generation: Using artificial intelligence to analyze reviews and generate contextually appropriate responses
• Automatic Posting: Posting AI-generated responses to your business profiles automatically, without requiring manual review or approval (unless Approval Mode is enabled)
• Analytics and Reporting: Providing insights into your review performance and response metrics
• Voice Customization: Allowing you to customize the tone and style of AI-generated responses

2.3 Fully Automated Nature of Service

2.4 Service Modifications

HeyThanks reserves the right to modify, update, or discontinue the Service (or any features, components, or functionality thereof) at any time, with or without notice. This includes the right to change, limit, or discontinue access to certain third-party platform integrations. We will make commercially reasonable efforts to notify you of material changes that significantly affect your use of the Service. HeyThanks will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information as requested during the registration process. You agree to update your account information promptly to keep it accurate, complete, and current. Providing false, inaccurate, or misleading information constitutes a breach of these Terms and may result in immediate termination of your account.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys or access tokens associated with your account. You agree to:

• Create a strong, unique password and keep it confidential
• Not share your account credentials with any third party
• Notify HeyThanks immediately of any unauthorized access to or use of your account
• Log out of your account at the end of each session when using shared or public devices
• Take all reasonable precautions to prevent unauthorized access to your account

3.3 Account Responsibility

You are solely responsible for all activities that occur under your account, whether or not you authorized such activities. HeyThanks will not be liable for any loss, damage, or other consequences arising from unauthorized use of your account that is not directly caused by HeyThanks's gross negligence or willful misconduct. We reserve the right to suspend or terminate your account if we reasonably believe it has been compromised or is being used in violation of these Terms.

4. Connected Platforms and Third-Party Services

4.1 OAuth Authorization

The Service requires you to connect your business profiles on third-party platforms (such as Google Business Profile) via OAuth authorization. By connecting your accounts, you grant HeyThanks permission to access, retrieve, and interact with your business profile data, including reading reviews and posting responses on your behalf, in accordance with the permissions you authorize.

4.2 Third-Party Terms

Your use of connected third-party platforms is subject to the terms of service, privacy policies, and other agreements of those platforms. You are solely responsible for compliance with all applicable third-party terms. HeyThanks is not a party to any such terms and will not be liable for any violations of third-party terms arising from your use of the Service.

4.3 Third-Party Disclaimer

4.4 Platform Changes

Third-party platforms may change their APIs, terms of service, features, or functionality at any time without notice. Such changes may affect the availability or functionality of the Service. HeyThanks will not be liable for any loss or damage resulting from changes to third-party platforms, including but not limited to:

• Changes to API access, rate limits, or functionality
• Suspension or termination of your third-party platform account
• Changes to third-party platform terms of service or policies
• Algorithm changes affecting review visibility or business profile performance
• Discontinuation of third-party platform services or features

5. AI-Generated Content — Critical Disclaimers

5.1 Nature of AI Technology

The Service uses artificial intelligence and machine learning technology to generate review responses. You acknowledge and understand that:

• AI technology is probabilistic in nature and does not guarantee accurate, appropriate, or error-free output
• AI-generated responses are automated suggestions created by machine learning models, not human-written content
• The AI does not have access to information beyond what is provided in the review and your business profile settings
• AI technology continues to evolve and may produce different results over time

5.2 AI Limitations and Potential Errors

The probabilistic nature of artificial intelligence means that AI-generated content may, on certain occasions, produce inaccurate output (commonly referred to as "hallucinations") or otherwise not always produce accurate, appropriate, or intended results. AI-generated responses may:

• Contain factual errors, inaccuracies, or misstatements
• Include information that is incorrect, outdated, or misleading
• Produce content that is inappropriate, offensive, or inconsistent with your brand voice
• Misinterpret the context, sentiment, or intent of a customer review
• Generate responses that do not align with your business policies or practices
• Contain content that may expose you to legal liability
• Make statements, offers, or commitments that you have not authorized

5.3 No Warranty of Accuracy

5.4 Your Responsibility for AI Content

You are solely responsible for all AI-generated content posted to your business profiles through the Service.You acknowledge and agree that:

• You have sole responsibility for evaluating all AI-generated content for accuracy, appropriateness, and compliance with applicable laws
• You must thoroughly review and approve any output before relying on it or allowing it to be published (if using Approval Mode)
• If you enable automatic posting, you accept full responsibility for all content posted without prior review
• You should not rely on AI-generated content as a sole source of truth or factual information
• You are responsible for monitoring posted responses and correcting any errors or inappropriate content
• You must ensure that AI-generated content complies with all applicable laws, regulations, and third-party platform policies

5.5 AI Content Does Not Constitute Advice

AI-generated content does not constitute professional, legal, medical, financial, or any other type of advice. HeyThanks does not provide legal advice regarding data privacy, compliance with relevant laws, or any other legal matters. Any statements made by the AI or by HeyThanks do not constitute legal advice. Use of the Service does not guarantee compliance with applicable laws in any jurisdiction. You should consult with qualified professionals for advice specific to your situation.

6. Automatic Posting and Approval Mode

6.1 Default Automatic Posting

By default, the Service operates in automatic posting mode. This means that when a new review is detected on your connected business profile, the Service will:

1. Automatically retrieve and analyze the review content
2. Generate an AI-powered response based on the review and your business settings
3. Automatically post the response to your business profile without human review or approval

6.2 Acceptance of Automatic Posting Risk

6.3 Approval Mode Option

HeyThanks offers an optional Approval Mode that allows you to review and approve AI-generated responses before they are posted. When Approval Mode is enabled:

• AI-generated responses will be held in a queue for your review
• Responses will not be posted until you explicitly approve them
• You may edit responses before approving them
• You may reject responses that you do not wish to post

We strongly recommend enabling Approval Mode if you wish to review AI-generated content before it is published.However, even with Approval Mode enabled, you remain solely responsible for all content you approve and post.

6.4 Responsibility Regardless of Mode

Whether you use automatic posting or Approval Mode, you are solely responsible for all content posted to your business profiles through the Service. HeyThanks does not review, approve, endorse, or take responsibility for any AI-generated content, regardless of the posting mode you select.

7. Subscription, Billing, and Payments

7.1 Subscription Plans

The Service is offered on a subscription basis. Current subscription plans and pricing are available at heythanks.app/pricing. Subscriptions are priced per business location, per month. You agree to pay all applicable fees associated with your selected subscription plan.

7.2 Billing Cycle and Auto-Renewal

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected billing cycle.All subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize HeyThanks to charge your payment method on a recurring basis until you cancel.

7.3 Payment Processing

All payments are processed securely by our third-party payment processor, Stripe. By providing payment information, you authorize HeyThanks and Stripe to charge your payment method for all fees due. You agree to Stripe's terms of service in connection with payment processing. HeyThanks does not store your full credit card number.

7.4 Price Changes

HeyThanks reserves the right to change subscription prices at any time. We will provide you with at least thirty (30) days' advance notice of any price increase. Price changes will take effect at your next billing cycle following the notice period. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

7.5 Refund Policy

• 14-Day Money-Back Guarantee: New subscribers may request a full refund within fourteen (14) days of their first payment if they are not satisfied with the Service.
• After Guarantee Period: After the 14-day guarantee period, all fees are non-refundable. No refunds will be provided for partial billing periods, unused response credits, or early cancellation.
• Cancellation: You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service until the end of your current paid billing period.

7.6 Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your access to the Service. You are responsible for ensuring your payment information is current and valid.

7.7 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on HeyThanks's net income.

8. Acceptable Use Policy

8.1 Prohibited Conduct

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Violate the terms of service or policies of any connected third-party platform
• Post or facilitate the posting of false, misleading, defamatory, libelous, or fraudulent content
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Service for any business you do not own or have legal authority to manage
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks
• Interfere with or disrupt the integrity or performance of the Service
• Circumvent, disable, or otherwise interfere with any security or access control features of the Service
• Use any automated means (other than the Service itself) to access the Service or collect data from the Service
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Use the Service to develop a competing product or service
• Resell, sublicense, or redistribute the Service without HeyThanks's prior written consent
• Use the Service in any manner that could damage, disable, overburden, or impair the Service

8.2 Content Standards

You are solely responsible for ensuring that all content posted through the Service (including AI-generated content that you allow to be posted) complies with all applicable laws and does not:

• Contain unlawful, threatening, abusive, harassing, defamatory, or obscene content
• Promote discrimination, hatred, or violence against any individual or group
• Contain content that is harmful to minors
• Constitute spam, unsolicited advertising, or unauthorized promotional content
• Violate the privacy or publicity rights of any third party

9. Compliance with Laws

9.1 Your Compliance Responsibility

You are solely responsible for compliance with all applicable laws and regulations in connection with your use of the Service. This includes, but is not limited to, laws regarding:

• Consumer protection and advertising
• Data privacy and protection
• Electronic communications
• Industry-specific regulations (e.g., healthcare, financial services)

9.2 No Compliance Guarantee

10. Intellectual Property

10.1 HeyThanks Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, and other content provided by HeyThanks (excluding your content), is owned by HeyThanks or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms.

10.2 Your Content

You retain ownership of all content you provide to the Service, including your business information, custom response templates, and settings ("Your Content"). You grant HeyThanks a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Your Content solely as necessary to provide the Service.

10.3 Aggregated Data

HeyThanks may collect and use aggregated, anonymized data derived from your use of the Service ("Aggregated Data"). Aggregated Data does not identify you or any individual and is the sole property of HeyThanks. HeyThanks may use Aggregated Data for any business purpose, including improving the Service, conducting research, and creating industry benchmarks and reports.

10.4 Feedback

If you provide HeyThanks with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby assign to HeyThanks all right, title, and interest in and to such Feedback. HeyThanks may use Feedback for any purpose without compensation or attribution to you.

11. Data and Privacy

11.1 Privacy Policy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at heythanks.app/privacy. By using the Service, you consent to the practices described in the Privacy Policy.

11.2 Data Processing

To provide the Service, HeyThanks processes data including:

• Your account and business information
• Customer reviews from your connected platforms
• AI-generated responses
• Usage data and analytics

11.3 Third-Party AI Providers

The Service uses third-party AI providers (such as Anthropic) to generate responses. By using the Service, you authorize HeyThanks to transmit review data to these third-party providers for processing. HeyThanks is not responsible for any use or processing of such data by third-party providers beyond HeyThanks's reasonable control.

11.4 Data Retention

HeyThanks retains your data as described in our Privacy Policy. Upon account termination, HeyThanks may delete your data in accordance with our data retention policies. HeyThanks does not provide an archiving service and is not responsible for preserving your data after account termination.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless HeyThanks, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the "HeyThanks Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and expert witness fees) arising out of or relating to:

• (a) Your use or misuse of the Service
• (b) Any AI-generated content posted to your business profiles through the Service
• (c) Any content you provide to the Service or authorize to be posted
• (d) Your violation of these Terms or any applicable law or regulation
• (e) Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• (f) Your violation of any third-party platform terms of service
• (g) Any dispute between you and any third party, including your customers
• (h) Any claim arising from your failure to obtain necessary consents or authorizations
• (i) HeyThanks's use of any information provided by you in accordance with these Terms

12.2 Indemnification Procedures

HeyThanks will provide you with prompt written notice of any claim subject to indemnification. You will have sole control over the defense and settlement of any such claim, provided that you may not settle any claim without HeyThanks's prior written consent if the settlement would require HeyThanks to admit fault, pay any amounts, or take or refrain from taking any action. HeyThanks may participate in the defense at its own expense.

12.3 HeyThanks Indemnification

HeyThanks will indemnify and defend you against any third-party claim that the Service infringes any valid United States patent, copyright, or trademark, provided that: (a) you give HeyThanks prompt written notice of the claim; (b) you allow HeyThanks to control the defense and settlement; and (c) you provide reasonable cooperation. This indemnification does not apply to claims arising from your modifications to the Service, your combination of the Service with other products, or your use of the Service in violation of these Terms.

13. Disclaimer of Warranties

YOUR USE OF THE SERVICE AND ANY AI-GENERATED CONTENT IS AT YOUR SOLE RISK. You acknowledge that AI technology is not infallible and that you should not rely on AI-generated content as a sole source of truth, factual information, or substitute for professional judgment. No advice or information, whether oral or written, obtained by you from HeyThanks or through the Service will create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights under applicable law.

14. Limitation of Liability

14.1 Exclusion of Certain Damages

14.2 Liability Cap

14.3 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HEYTHANKS, AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES. These limitations will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. HeyThanks would not be able to provide the Service on an economically reasonable basis without these limitations.

14.4 Jurisdictional Limitations

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such jurisdictions, HeyThanks's liability is limited to the maximum extent permitted by applicable law.

15. Term and Termination

15.1 Term

These Terms are effective upon your acceptance and continue until terminated as described herein.

15.2 Termination by You

You may cancel your subscription and terminate these Terms at any time through your account settings or by contacting us at support@heythanks.app. Upon cancellation, you will retain access to the Service until the end of your current paid billing period, after which your access will be terminated.

15.3 Termination by HeyThanks

HeyThanks may suspend or terminate your account and access to the Service immediately, with or without notice, if:

• You breach any provision of these Terms
• You fail to pay applicable fees when due
• We are required to do so by law or legal process
• We reasonably believe your use of the Service poses a security risk
• We reasonably believe you are engaged in fraudulent or illegal activity
• We discontinue the Service

15.4 Effect of Termination

Upon termination of these Terms:

• Your right to access and use the Service ceases immediately
• HeyThanks may delete your account and data in accordance with our Privacy Policy
• Any accrued rights or obligations and any provisions that by their nature should survive termination will survive

15.5 Survival

The following sections will survive termination of these Terms: Section 5 (AI-Generated Content), Section 10 (Intellectual Property), Section 12 (Indemnification), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 17 (Dispute Resolution), and any other provisions that by their nature should survive termination.

16. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact HeyThanks at legal@heythanks.app and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through informal negotiation.

17.2 Binding Arbitration

If we cannot resolve a dispute informally, you and HeyThanks agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the formation, interpretation, performance, breach, or termination of these Terms) will be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as modified by these Terms.

17.3 Arbitration Procedures

• The arbitration will be conducted by a single arbitrator selected in accordance with AAA rules
• The arbitration will be conducted in Comal County, Texas, unless the parties mutually agree to telephonic or video arbitration
• The arbitrator will apply Texas law and these Terms
• The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction
• The arbitrator will have no authority to award punitive or exemplary damages, or any damages excluded under these Terms

17.4 Class Action Waiver

17.5 Exceptions

Notwithstanding the above, either party may:

• Bring an individual action in small claims court for disputes within the court's jurisdiction
• Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights

17.6 Time Limit for Claims

Any claim, action, or proceeding arising out of or relating to these Terms or the Service must be brought within twelve (12) months after the date on which the claim arose. Any claim not brought within this time period will be permanently barred.

17.7 Exclusive Venue for Non-Arbitrable Disputes

For any dispute not subject to arbitration, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Comal County, Texas.

18. Force Majeure

HeyThanks will not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, epidemics or pandemics, strikes or labor disputes, failures or delays of third-party platforms or service providers, changes to third-party APIs or policies, internet or telecommunications failures, power outages, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and HeyThanks regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

19.2 Modifications to Terms

HeyThanks reserves the right to modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated via email or notice within the Service at least thirty (30) days before they take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

19.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, that provision will be severed from these Terms. The remaining provisions will continue in full force and effect.

19.4 Waiver

The failure of HeyThanks to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by HeyThanks to be effective.

19.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without HeyThanks's prior written consent. HeyThanks may assign these Terms or any rights or obligations hereunder without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

19.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity other than the parties to these Terms.

19.7 Notices

HeyThanks may provide notices to you by email to the address associated with your account, by posting within the Service, or by other reasonable means. You must send any notices to HeyThanks by email to legal@heythanks.app or by mail to the address provided below.

19.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20. Contact Information

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