Terms of Service

These Terms of Service (“Terms”) govern your access to and use of HeyThere Marketing websites (including https://www.heythere360.com), consult booking, and the HeyThere Brain portal at https://app.heythere360.com (the “Services”).

By accessing or using the Services, creating an account, connecting a third-party platform, or signing an order, proposal, or statement of work with us, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.

If you do not agree, do not use the Services.

HeyThere provides marketing systems and related consulting — including AI-assisted intelligence, content drafts, marketing diagnoses/audits, CRM-related workflows, approvals, and a client portal.

Features may change as we improve the product. Some capabilities (for example publishing to Meta/Google or managing GoHighLevel) require you to connect accounts and may depend on third-party availability, quotas, and app review approvals.

Unless an order says otherwise, AI-generated materials are drafts. You must approve public-facing content before it is published or sent to your customers.

You are responsible for safeguarding access to the portal (including magic-link emails and any shared inboxes) and for activity under your account.

Notify us promptly at hello@heythere360.com if you suspect unauthorized access. We may suspend access to protect the Services, your data, or other users.

You must provide accurate information and keep contact details current.

Provide accurate information, timely feedback, and lawful access to tools you ask us to connect.

Ensure you have all rights and permissions to any content, customer lists, brand assets, or credentials you supply.

Comply with advertising, privacy, consumer-protection, industry, and platform rules that apply to your business (including Google, Meta, email, SMS, and telemarketing rules).

Review Approvals before publish. You are solely responsible for claims, offers, pricing, compliance disclosures, and statements you approve.

Do not use the Services for unlawful, deceptive, harassing, or infringing activity.

You retain ownership of your accounts with third parties (Google, Meta/Facebook/Instagram, GoHighLevel, domains, ad accounts, etc.).

Connecting an account grants HeyThere permission to access and act within the scopes you authorize, solely to provide the Services described in our Privacy Policy (https://www.heythere360.com/privacy) and your order.

You can revoke access via the third-party provider and/or Connections in the portal. Revocation may limit or stop related features immediately.

Third-party platforms may change APIs, policies, or pricing; we are not liable for outages, policy enforcement, rejected posts, or account restrictions imposed by those platforms.

You agree not to instruct HeyThere to post content that violates platform policies or law.

Fees, install amounts, billing type (annual, monthly, custom, or comped), and subscription terms are set in your proposal, checkout page, portal billing settings, or written order. Unless stated otherwise, fees are non-refundable once work or access has begun.

Late or failed payments may result in suspension. You remain responsible for third-party ad spend and platform fees billed directly by those providers.

Comped or courtesy accounts remain subject to these Terms except for payment obligations expressly waived in writing.

The Services, software, prompts, templates, agent workflows, and HeyThere branding are owned by HeyThere or its licensors.

You may not copy, reverse engineer, resell, or create a competing product from the Services except as allowed by law or a written agreement.

You retain ownership of your pre-existing brand assets and customer data. Deliverables created specifically for you under a paid engagement are licensed or assigned as described in your order; if an order is silent, you receive a non-exclusive, non-transferable license to use those deliverables for your internal business purposes while your account is in good standing.

Each party may receive confidential business information from the other. The receiving party will use reasonable care to protect it and use it only to perform under these Terms or your order.

Confidentiality does not apply to information that is public through no fault of the receiving party, independently developed, rightfully received from a third party without duty, or required to be disclosed by law (with notice where legally permitted).

Marketing outcomes depend on many factors outside our control (market conditions, your offer, sales follow-up, ad budgets, seasonality, and platform algorithms). We do not guarantee leads, rankings, revenue, ad performance, or specific AI-search results.

AI tools may produce inaccurate, incomplete, or biased content. You are responsible for verification, editing, and compliance review before use.

Public web intelligence (competitor sites, news, autocomplete, weather, and similar) is best-effort and may be incomplete or outdated.

Our collection and use of personal information is described in our Privacy Policy at https://www.heythere360.com/privacy, which is incorporated by reference.

For Google API user data, we comply with the Google API Services User Data Policy, including Limited Use requirements, as stated in the Privacy Policy.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant uninterrupted, timely, secure, or error-free operation of the Services or of third-party platforms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEYTHERE AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR, IF YOU ARE ON A COMPED ACCOUNT, ONE HUNDRED U.S. DOLLARS).

Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the maximum extent permitted by law.

You will defend, indemnify, and hold harmless HeyThere and its owners, employees, and contractors from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your content, products, or services; (b) your misuse of the Services; (c) your violation of law or platform policies; or (d) disputes with your customers — except to the extent caused by our willful misconduct.

Either party may terminate an ongoing subscription as stated in your order (or on thirty (30) days’ written notice if the order is silent). We may suspend or terminate immediately for non-payment, abuse, legal risk, or material breach.

On termination, your right to access the portal ends. We may delete or anonymize data according to our Privacy Policy after a reasonable wind-down period, except where retention is required by law.

Sections that by nature should survive (fees owed, IP, confidentiality, disclaimers, liability limits, indemnity, governing law) survive termination.

These Terms are governed by the laws of the State of Nebraska, excluding conflict-of-law rules.

Exclusive venue for disputes lies in state or federal courts located in Nebraska, unless your order says otherwise. You consent to personal jurisdiction there.

Before filing a lawsuit, the parties will attempt good-faith informal resolution by email for at least fifteen (15) days.

These Terms, your order(s), and the Privacy Policy are the entire agreement regarding the Services and supersede prior conflicting discussions, except that a signed order controls if it expressly conflicts with these Terms.

If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization or sale of assets.

Notices to HeyThere may be sent to hello@heythere360.com. Notices to you may be sent to the email on your account.

We may update these Terms by posting a revised version at https://www.heythere360.com/terms with a new “Last updated” date. Continued use after changes become effective constitutes acceptance, except where your signed order controls a conflicting term.

HeyThere Marketing — Bellevue & Omaha, Nebraska

Email: hello@heythere360.com · bryan@heythere360.com

Phone: 402-881-0057

https://www.heythere360.com · https://app.heythere360.com

Privacy Policy: https://www.heythere360.com/privacy