Terms of Service

1. Who can use Hi5 Connect

• You must be at least 18 and using the Platform for business purposes.
• You must give accurate account and business information and keep it up to date.
• You're responsible for everything that happens under your account, including the actions of users you add. Keep logins secure, use two-factor authentication, and tell us right away at info@hi5connect.com if you suspect unauthorized access.

2. The Platform

Hi5 Connect is a white-label software platform that includes CRM, communications, websites, automations, AI features, reputation management, payments and related tools. Hi5 Connect is built on infrastructure licensed from a third-party platform provider. Features may change, be added or be removed over time. We'll try to give notice of material changes that reduce core features of your plan.

3. Plans, billing and automatic renewal

• Subscription: plans are billed in advance, monthly or annually (your choice at checkout), starting on the day you sign up. Annual plans are prepaid for the full year.
• Automatic renewal: your plan renews automatically each billing period at the then-current price until you cancel. By signing up, you authorize us to charge your payment method on file for each renewal, usage charges and add-ons.
• Price changes: we'll give at least 30 days' notice of plan price increases by email or in the Platform. The new price applies at your next renewal.
• Setup and onboarding fees: a one-time setup and onboarding fee ($297 on Spotlight, $497 on Autopilot and Frontrunner, as shown at checkout) covers account setup, onboarding, business texting registration and, on Autopilot and Frontrunner, building your website. It is waived on annual plans. Setup fees are non-refundable once work begins.
• Failed payments: if a payment fails, we'll try again and notify you. If it's not resolved within 7 days, we may pause or suspend your account, including phone numbers, messaging and websites, until your balance is paid.
• Taxes: prices don't include taxes. You're responsible for applicable sales, use and similar taxes.

4. Included credits, usage charges and your wallet

Some features use services that cost money each time they're used, such as phone calls, text messages, email sends, AI usage, phone numbers, carrier and registration fees, and other third-party services ("Usage").

• Included credits: your plan may include a monthly usage credit. Credits apply to Usage first, reset each billing period, don't roll over and have no cash value.
• Wallet: Usage beyond your included credits is charged to your account wallet. You agree to keep a positive wallet balance. You can turn on automatic recharge so your wallet refills when it drops below an amount you choose. If your wallet runs out, Usage-based features (such as calls, texts and AI) may stop until you add funds.
• Usage rates: Usage is billed at our published rates, which include a markup over our provider costs. Current rates are listed at hi5connect.com/pricing/#usage or in your account. Rates can change when provider or carrier costs change; we'll post updated rates and, where practical, notify you in advance.
• AI and communications: AI included in your plan covers the AI itself. Calls and texts that AI makes or sends are billed at standard calling and texting rates, paid from your included credits first, then your wallet.
• Carrier and registration fees: carriers and regulators charge fees for business texting registration (such as A2P 10DLC brand and campaign registration) and per-message carrier fees. These are passed through to you and are non-refundable, including if a registration is rejected.
• Wallet funds are non-refundable except as required by law or as stated in section 5.

5. Cancellation and refunds

• Cancel anytime: you can cancel from your account settings or by emailing info@hi5connect.com. Cancellation takes effect at the end of your current billing period, and you'll keep access until then.
• No partial refunds: subscription fees are non-refundable, and we don't give refunds or credits for partial months, unused features, unused credits or downgrades.
• Wallet balance: unused wallet funds are refunded if you request it within 30 days after your cancellation takes effect, minus payment processing fees. After 30 days, remaining wallet funds are forfeited.
• Annual plans: annual plans are prepaid and non-refundable. If you cancel an annual plan, it stays active until the end of the paid year and won't renew.
• Chargebacks: please contact us before disputing a charge. We may suspend accounts with open chargebacks.

6. Phone numbers, domains and third-party subscriptions

• Phone numbers: numbers provided through the Platform are leased from our telecommunications providers. While your account is active and paid, you may request to port a number out, subject to provider rules and fees. Numbers may be released if your account is cancelled or unpaid for 30 days.
• Your own cell: the synced cell phone add-on connects a number you own. You're responsible for your carrier account.
• Domains: domains purchased through the Platform are registered through our platform provider's domain registrar, with WHOIS privacy protection applied, and are assigned to your account for your use. Domains renew yearly at the current rate, charged to your account, unless you turn off renewal. You can take your domain with you: while your account is active, you can unlock the domain and get a transfer code from your domain settings (domains must be at least 60 days old to transfer, under ICANN rules). If your account has already been cancelled, email info@hi5connect.com and we'll request the domain's release for you. Domains you bought elsewhere and connected stay with your own registrar.
• Third-party subscriptions: some features require your own account with another company, such as an IDX provider (IDX Broker or iHomeFinder), a payment processor (such as Stripe), or apps you connect through Zapier or Make. Those companies bill you directly under their own terms. We aren't responsible for their services, pricing or availability.

7. Messaging and calling compliance

You are responsible for every call, text, voicemail drop, email and message sent from your account, including those sent by automations or AI. You agree to:

• Get all consent the law requires before contacting anyone, including prior express written consent for marketing texts, prerecorded or AI-voice calls, and ringless voicemail where required, and keep records of that consent.
• Comply with all laws and rules that apply, including the Telephone Consumer Protection Act (TCPA), state telemarketing and "mini-TCPA" laws (including Texas and Florida), the CAN-SPAM Act, the Telemarketing Sales Rule, Do Not Call rules, carrier requirements (including A2P 10DLC registration and CTIA guidelines) and the laws of any country you contact.
• Honor opt-outs (STOP, unsubscribe and similar) immediately, respect quiet hours and include required identification in your messages.
• Not send prohibited content, including SHAFT content (sex, hate, alcohol, firearms, tobacco) where carriers restrict it, cannabis, high-risk financial offers, phishing, spam or purchased lists.

Carriers may block or filter messages, and registration can be delayed or denied. We may pause or suspend messaging if we see high complaint or opt-out rates, carrier violations or compliance risks. You agree to indemnify us for claims, fines and fees arising from your communications (see section 15).

8. AI features

• AI features (including AI that answers messages and calls, books appointments, writes content and responds to reviews) generate responses automatically and can make mistakes. You're responsible for how you configure AI, the instructions and information you give it and reviewing its output.
• Tell your customers when they're talking to AI where the law requires it.
• Don't use AI to give legal, medical, financial or other professional advice, or to make decisions with legal or similarly significant effects on people without human review.
• Unlimited AI plans and add-ons are subject to fair use. We may limit usage that's automated, abusive or far beyond normal business use.

9. Reviews and reputation

You agree to follow review platform rules and the FTC's rules on reviews and testimonials. Don't write fake reviews, pay for reviews, offer incentives for positive reviews only, or suppress negative reviews.

10. Acceptable use

You won't use the Platform to:

• Break any law or regulation or violate anyone's rights, including privacy and intellectual property rights
• Send spam or unsolicited messages, or use purchased, rented or scraped contact lists
• Upload malware or attempt to access accounts, systems or data you're not authorized to access
• Reverse engineer, copy, resell or sublicense the Platform (unless we agree in writing)
• Build a competing product or scrape the Platform
• Store or process sensitive data the Platform isn't set up for, including health information subject to HIPAA (unless we've signed a Business Associate Agreement with you), full payment card numbers outside our payment tools, or government ID numbers
• Promote illegal, deceptive, hateful, violent or sexually explicit content
• Discriminate in violation of fair housing, fair lending or civil rights laws

We may remove content or suspend accounts that violate this section.

11. Your data

• You own your data. You keep all rights to the contacts, messages, files and other content you put into the Platform ("Customer Data").
• You give us permission to host, process and transmit Customer Data only as needed to provide the Platform, support you and comply with law.
• You're responsible for having the rights and consents to collect and use Customer Data, and for your own privacy policy and notices to your contacts.
• Our Data Processing Agreement applies to personal information in Customer Data.
• You can export your data anytime while your account is active. After cancellation, Customer Data may be deleted after 30 days and will be deleted within 90 days, except where law requires us to keep it. Download anything you need before you cancel.

12. Our intellectual property

The Platform, our websites, templates, snapshots, content and brand are owned by Hi5 or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Platform during your subscription for your internal business. If you send us feedback, we can use it without obligation to you.

13. Availability and support

We work to keep the Platform available, but it may be interrupted for maintenance, provider outages or events beyond our control. We don't guarantee uptime unless we agree to a service level in writing. Support is provided by email, phone and in-platform help Monday through Friday, 9am to 5pm Central Time, excluding holidays.

14. Disclaimers

The Platform is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee any results, such as more leads, reviews, rankings, sales or revenue. We're not responsible for third-party services, integrations, carriers or websites, or for data lost in transmission.

15. Limitation of liability and indemnification

• Cap: to the fullest extent the law allows, our total liability for all claims related to these Terms or the Platform is limited to the fees you paid us in the 3 months before the event giving rise to the claim.
• No indirect damages: we're not liable for lost profits, revenue, data or goodwill, or for indirect, incidental, special, consequential or punitive damages.
• Indemnification: you'll defend and indemnify Hi5, its owners, employees and providers from claims, fines, penalties and costs (including attorney fees) arising from your use of the Platform, your Customer Data, your communications (including TCPA and carrier claims), your AI configuration, or your breach of these Terms or the law.

16. Suspension and termination

We may suspend or terminate your account, with or without notice, if you breach these Terms, don't pay, create legal, security or compliance risk, or if our platform provider requires it. If we terminate without cause, we'll refund prepaid subscription fees for the unused part of your billing period. Sections that by their nature should survive (including payment, data, disclaimers, liability, indemnification and disputes) survive termination.

17. Disputes, arbitration and class action waiver

• Governing law: Texas law governs these Terms, without regard to conflict-of-law rules.
• Try to resolve it first: before filing a claim, email info@hi5connect.com with a description and give us 30 days to try to resolve it.
• Binding arbitration: any unresolved dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Fort Bend County, Texas, or by video if both parties agree. Either party may bring an individual claim in small claims court, and either party may seek an injunction to protect intellectual property.
• Class action waiver: claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative action.
• Time limit: any claim must be filed within 1 year after it arises, or it's permanently barred.

18. Changes to these Terms

We may update these Terms. We'll post the new version with a new "Last updated" date and notify you of material changes by email or in the Platform at least 14 days before they take effect. Continuing to use the Platform after that means you accept the changes.

19. General

• Entire agreement: these Terms, the Privacy Policy, the DPA and any order form are the whole agreement. If a signed written agreement with you conflicts with these Terms, the signed agreement controls.
• Assignment: you can't transfer your account without our written consent. We may assign these Terms in a merger, acquisition or sale.
• Severability and waiver: if part of these Terms is unenforceable, the rest stays in effect. Not enforcing a term isn't a waiver.
• Force majeure: we're not responsible for delays caused by events beyond our reasonable control, including provider and carrier outages.
• Notices: we'll send notices to your account email. Send legal notices to info@hi5connect.com.
• Electronic communications: you agree to receive notices and agreements electronically.

20. Contact