Terms Of Service
Welcome to Hey Andy! These Terms of Service ("Terms") are a legal agreement between you ("you," "your," or "User") and Hey Andy, Inc. ("Hey Andy," "we," "us," or "our") governing your access to and use of the Hey Andy website, mobile application, APIs, and related services (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR Privacy Policy (collectively, the "Agreement"). IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
1. Eligibility and Account Registration
You must be at least 18 years old and able to form a binding contract to use the Service. When you register, you agree to provide true, accurate, and complete information and to keep it current. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
2. Description of Service
Hey Andy is an AI‑powered scheduling assistant that interacts with you and your clients via SMS, MMS, and voice calls to book, reschedule, and remind appointments, manage basic customer relationship information, and perform related automation.
3. User Responsibilities
3.1 Lawful Use
You agree to use the Service only for lawful purposes and in accordance with all applicable laws, regulations, and industry guidelines, including without limitation the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non‑Solicited Pornography and Marketing Act (CAN‑SPAM), the Do‑Not‑Call (DNC) rules, applicable telecommunications carrier policies (e.g., CTIA), and any data‑protection laws (e.g., GDPR, CCPA, PDPA).
3.2 Client Contact Consent (CRM Contacts)
"Client Contact" means any individual or entity whose phone number, name, or other personal data you upload to, store in, or otherwise make available through the Service.
You represent and warrant that, prior to adding any Client Contact to the Service, you have obtained that person’s express prior consent (opt‑in) to receive SMS/MMS messages and/or voice calls— including prerecorded or artificial‑voice messages— from you, sent manually or automatically, via the Service on your behalf.
You must (i) maintain verifiable records of each Client Contact’s consent; (ii) immediately honor all revocations of consent or “stop” requests; and (iii) ensure all message content you provide is accurate, truthful, and compliant. You acknowledge that you, not Hey Andy, are the “sender” or “caller” for purposes of applicable law.
3.3 Content & Conduct
You are solely responsible for the content of all messages, data, audio, or other materials ("User Content") transmitted through the Service. You must not transmit content that is illegal, harmful, deceptive, harassing, defamatory, obscene, infringing, or otherwise objectionable; or that promotes illegal or harmful activities.
4. Messages and Calls
The Service may use third‑party carriers and telecommunication providers. Delivery or call completion is not guaranteed. Standard message, data, and carrier fees may apply. You authorize us and our service providers to send SMS/MMS messages and place voice calls to Client Contacts at your direction and on your behalf.
5. Fees and Payment
If the Service is offered on a subscription basis, you agree to pay all applicable fees, taxes, and charges in accordance with our then‑current pricing and billing policies. Fees are non‑refundable except as required by law. We may change prices upon thirty (30) days’ advance notice.
6. Intellectual Property
The Service and all related software, text, images, trademarks, logos, and intellectual property are owned by Hey Andy or its licensors. Subject to your compliance with this Agreement, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Service for your internal business purposes.
7. Confidentiality and Data Processing
Each party agrees to keep confidential any non‑public information disclosed by the other. As between the parties, you are the data “controller” and Hey Andy is the data “processor” with respect to Client Contact personal data. We will process such data only to provide the Service and in accordance with our Privacy Policy and your lawful instructions.
8. Termination
You may cancel your account at any time. We may suspend or terminate the Service or your account immediately if you violate these Terms or if your use jeopardizes the security, integrity, or legality of the Service. Upon termination, your right to use the Service ceases, but Sections 6–15 survive.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error‑free; that communications will be completed; or that AI outputs will be accurate or lawful.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEY ANDY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUES, OR DATA, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE TOTAL FEES PAID BY YOU TO HEY ANDY FOR THE SIX (6) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You will indemnify, defend, and hold harmless Hey Andy and its affiliates, officers, and employees from any claim, demand, loss, or damages (including attorneys’ fees) arising out of or related to (i) your User Content; (ii) your breach of these Terms; or (iii) your violation of any law or the rights of a third party, including any claim that messages or calls sent through the Service violate the TCPA or analogous laws.
12. Modifications to Service or Terms
We may modify the Service or these Terms at any time. We will post updated Terms on our website and indicate the “Last Updated” date. Changes become effective upon posting or, if required by law, upon reasonable notice. Your continued use of the Service after changes constitutes acceptance.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to conflict‑of‑law principles. Any dispute arising under these Terms will be resolved exclusively in the state or federal courts located in Wilmington, Delaware, except that either party may elect binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The prevailing party is entitled to recover reasonable attorneys’ fees.
14. Export and Sanctions Compliance
You may not use or access the Service if you are located in or are a resident of a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
15. Contact Information
Hey Andy LLCAttn: Legal Department
1423 Simpson St, St Paul, MN 55108
Email: [email protected]