Terms Of Services
Effective Date: July 20, 2026
Welcome to TheSayHi ("TheSayHi," "Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of TheSayHi's website, software, applications, APIs, live chat platform, integrations, and all related products and services (collectively, the "Services").
Please read these Terms carefully before using our Services. By accessing or using TheSayHi, creating an account, or purchasing a subscription, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must discontinue use of the Services immediately.
Definitions
The registered profile used to access the Services.
Any business, organization, or individual that purchases or subscribes to TheSayHi Services.
Any employee, contractor, or representative authorized by a Customer to access an Account.
Any individual who interacts with a website or application using TheSayHi's live chat platform.
Any information, content, files, messages, chat transcripts, contact information, or other data submitted to or processed through the Services by a Customer or its users.
All products, software, websites, applications, APIs, integrations, documentation, and features offered by TheSayHi.
Eligibility
To use TheSayHi Services, you must:
Note: If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
Account Registration
Certain features of the Services require you to create an Account. When registering an Account, you agree to:
Notice: We reserve the right to refuse registration or suspend Accounts that contain false, misleading, or incomplete information.
Account Security
You are responsible for maintaining the security of your Account and all activities that occur under it. You agree to:
Liability Note: TheSayHi is not responsible for losses resulting from your failure to maintain appropriate Account security.
Security Measures: We may implement additional security measures, including multi-factor authentication, device verification, or account verification procedures, to protect our Services and customers.
Subscription Plans
TheSayHi offers various subscription plans designed to meet different business needs.
Subscription features, usage limits, pricing, included functionality, and support levels may vary depending on the plan selected.
Subscription Details: Your specific plan details will be presented during the purchase process or in a separate Order Form or Service Agreement.
Plan Modifications: We reserve the right to introduce new subscription plans, modify existing plans, or discontinue certain offerings at any time. Material changes affecting existing subscriptions will be communicated in accordance with applicable law or your subscription agreement.
Free Trials
From time to time, TheSayHi may offer free trials or promotional access to certain Services.
Limited Time Offer
Experience TheSayHi with our 1-day free trial.
Automatic Conversion: Trial accounts may automatically convert to a paid subscription unless cancelled before the trial period ends, where permitted by applicable law and disclosed at sign-up.
TheSayHi reserves the right to modify, suspend, or terminate free trial programs at any time.
Billing & Payments
Paid subscriptions require payment of applicable fees. By purchasing a subscription, you authorize TheSayHi or its authorized payment processor to charge your selected payment method for all applicable fees, taxes, and recurring charges.
Billing Cycle
Subscription fees are billed in advance and charges are due on the billing date.
Currency & Info
Payments are processed in the currency specified at checkout. Ensure your payment information remains accurate.
Important: Failure to make timely payment may result in suspension or termination of Services.
Automatic Renewal
Unless cancelled in accordance with your subscription terms, paid subscriptions automatically renew at the end of each billing cycle.
By subscribing, you authorize recurring billing using your selected payment method until your subscription is cancelled.
How to Cancel
You may cancel automatic renewal through your Account settings or by contacting our support team before the next renewal date.
Refund Policy
Cancellation prevents future charges but does not provide a refund for the current billing period unless required by law or expressly stated otherwise.
Taxes
Subscription fees do not include applicable taxes unless expressly stated.
Customers are responsible for all applicable sales, use, value-added, goods and services, withholding, or similar taxes imposed by governmental authorities, excluding taxes based solely on TheSayHi's income.
Compliance Notice: Where required by law, TheSayHi may collect and remit applicable taxes on your behalf.
Refund Policy
Except where required by applicable law or expressly stated in a separate written agreement, subscription fees and other payments made to TheSayHi are non-refundable.
Customers are responsible for cancelling subscriptions before the next billing cycle if they do not wish to continue using the Services.
Review Process
Refund requests arising from duplicate charges, billing errors, or exceptional circumstances will be reviewed on a case-by-case basis at TheSayHi's sole discretion.
Updates to the Services
We continuously improve and evolve our Services. As a result, we may add, modify, replace, or remove features, functionality, integrations, or technical requirements from time to time.
Notice Policy: We will use commercially reasonable efforts to provide advance notice of material changes when practicable.Continued use of the Services following such updates constitutes acceptance of the modified functionality.
Acceptable Use Policy
TheSayHi is designed to facilitate lawful business communications between businesses and their customers. You agree to use the Services responsibly and in compliance with all applicable laws, regulations, and these Terms.
You agree not to use the Services to:
Enforcement: Violation of this Acceptable Use Policy may result in suspension or termination of your account without prior notice.
User Responsibilities
As a customer of TheSayHi, you are responsible for:
Account Content Liability: You are solely responsible for the content you submit, transmit, or process through the Services and for your interactions with website visitors and customers.
Customer Content
The Services allow customers to upload, store, transmit, and manage various forms of content, including chat messages, contact information, files, documents, notes, and other business data ("Customer Content").
You retain all ownership rights in your Customer Content.
License Grant
By submitting Customer Content to TheSayHi, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, store, transmit, display, and otherwise use that content solely as necessary to provide, maintain, secure, support, and improve the Services.
You represent and warrant that:
TheSayHi does not claim ownership of Customer Content.
Live Chat Services
TheSayHi provides a hosted communication platform that enables businesses to interact with website visitors through live chat and related messaging features.
Customers are solely responsible for:
Service Provider Disclaimer: TheSayHi acts as a technology provider and does not control or assume responsibility for communications between customers and their website visitors.
Third-Party Integrations
The Services may integrate with third-party platforms, applications, APIs, and software, including customer relationship management (CRM) systems, calendar services, communication tools, analytics providers, and other business applications.
Use of third-party integrations is subject to the terms and privacy policies of those providers.
TheSayHi is not responsible for:
Customer Responsibility: Customers are responsible for reviewing and accepting the terms of any third-party service they choose to integrate with TheSayHi.
Intellectual Property
TheSayHi and its licensors own all rights, title, and interest in and to the Services, including all software, source code, designs, interfaces, trademarks, logos, branding, documentation, databases, graphics, text, functionality, and other intellectual property.
Nothing in these Terms transfers ownership of TheSayHi intellectual property to you.
Except as expressly permitted by these Terms, you may not:
All rights not expressly granted are reserved by TheSayHi.
License Grant
Subject to these Terms and your payment of applicable fees, TheSayHi grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your internal business purposes during your active subscription.
License Limitations
This license does not grant ownership of any intellectual property and automatically terminates upon expiration or termination of your subscription.
Customer Feedback
We welcome comments, ideas, suggestions, enhancement requests, and other feedback regarding our Services.
Submission License
If you voluntarily submit feedback, you grant TheSayHi a perpetual, worldwide, irrevocable, royalty-free, transferable license to use, modify, reproduce, distribute, publish, and incorporate such feedback into our products and services without restriction or compensation.
Note: You are not obligated to provide feedback, and TheSayHi is under no obligation to implement any suggestions.
Confidentiality
During the course of using the Services, either party may receive confidential information belonging to the other.
Confidential information includes non-public business information, technical information, customer lists, pricing, product plans, trade secrets, software architecture, security practices, and other proprietary information.
Each party agrees to:
Exclusions
These obligations do not apply to information that:
- Is publicly available through no fault of the receiving party.
- Was lawfully known before disclosure.
- Is independently developed without use of confidential information.
- Is received lawfully from another source without confidentiality obligations.
Service Availability
TheSayHi strives to provide reliable and uninterrupted Services. However, we do not guarantee that the Services will always be available, uninterrupted, error-free, or free from delays.
Service interruptions may occur due to:
We reserve the right to suspend portions of the Services temporarily to perform maintenance, improve functionality, or protect the security of our platform.
Beta Features
From time to time, TheSayHi may make beta, preview, experimental, or early access features available.
Beta features are provided solely for evaluation purposes and may:
Warranty Disclaimer: Unless otherwise stated, beta features are provided "AS IS" without warranties of any kind.
Customers use beta features at their own risk and should avoid relying on them for mission-critical business operations.
Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis to the maximum extent permitted by applicable law.
Except as expressly provided in these Terms, TheSayHi disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
TheSayHi does not warrant that:
- ✕The Services will operate without interruption.
- ✕The Services will always be available.
- ✕Errors or defects will be corrected immediately.
- ✕The Services will be free from viruses or other harmful components.
- ✕Results obtained through the Services will meet your expectations.
You acknowledge that use of the Services is at your own risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESAYHI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THESAYHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESAYHI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THESAYHI DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless TheSayHi, its affiliates, directors, officers, employees, contractors, licensors, partners, and agents from and against any claims, liabilities, damages, losses, judgments, penalties, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
Defense Control: TheSayHi reserves the right to assume exclusive control of the defense of any matter subject to indemnification.
Suspension & Termination
TheSayHi may suspend, restrict, or terminate your access to the Services immediately if:
You may terminate your subscription at any time through your account settings or by contacting customer support.
Termination does not relieve either party of obligations that accrued before termination, including payment obligations.
Upon termination:
Certain provisions of these Terms that by their nature should survive termination will remain in effect, including intellectual property rights, confidentiality obligations, limitation of liability, indemnification, and dispute resolution.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which TheSayHi is incorporated or maintains its principal place of business, without regard to its conflict of law principles.
Note: Nothing in these Terms limits any mandatory consumer protection rights available under applicable law.
Dispute Resolution
We encourage users to contact TheSayHi first to resolve any dispute informally.
If a dispute cannot be resolved through good-faith negotiations, the parties agree that the dispute shall be resolved through the courts or another legally recognized dispute resolution process in the jurisdiction specified by applicable law or a separate written agreement between the parties.
Equitable Relief: Nothing in these Terms prevents either party from seeking injunctive or equitable relief where necessary to protect intellectual property rights, confidential information, or other legal interests.
Force Majeure
TheSayHi shall not be liable for any delay or failure to perform its obligations resulting from causes beyond its reasonable control, including but not limited to:
Suspension of Obligations: Performance obligations affected by a force majeure event will be suspended for the duration of the event.
Assignment
You may not assign or transfer your rights or obligations under these Terms without TheSayHi's prior written consent.
TheSayHi may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, or by operation of law.
Additional Terms
Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
Waiver
Failure by TheSayHi to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.
Any waiver must be in writing and signed by an authorized representative of TheSayHi.
Entire Agreement
These Terms, together with our Privacy Policy, applicable Order Forms, subscription agreements, and any additional policies expressly incorporated by reference, constitute the entire agreement between you and TheSayHi regarding the Services and supersede all prior agreements, communications, and understandings relating to the subject matter.
Changes to These Terms
TheSayHi may update these Terms from time to time to reflect changes in our Services, technology, legal requirements, or business operations.
When material changes are made, we will update the Effective Date at the top of these Terms and provide notice where required by applicable law.
Acceptance: Your continued use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms.
Contact Information
If you have any questions regarding these Terms of Service, please contact us:
Please include your account information and a detailed description of your inquiry so we can respond promptly.
Acknowledgement
By creating an account, accessing, or using TheSayHi's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all policies incorporated by reference, including our Privacy Policy.
If you do not agree to these Terms, you must discontinue use of the Services immediately.
Thank you for choosing TheSayHi. We appreciate the opportunity to help your business communicate with customers more effectively and securely.
