Terms of Service

1. Definitions

• "Customer," "you," "your" means the business entity or individual that registers for and uses the Service.
• "End User" means any individual you authorize to use the Service on your behalf, including employees and contractors.
• "Customer Data" means all data, records, and content you submit to the Service.

2. Eligibility and account

You must be at least 18 years old and able to form a binding contract to use the Service. You represent that the information you provide during registration is accurate and complete, and that you will keep it current. You are responsible for maintaining the security of your account credentials and for all activity under your account.

3. Your license and acceptable use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during the term of your subscription.

Acceptable Use Policy

You agree not to, and not to allow End Users to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Send unsolicited commercial messages, spam, or any communication that violates applicable telemarketing, anti-spam, or messaging laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and the CTIA Messaging Principles and Best Practices.
• Upload, store, or transmit content that is illegal, infringing, harassing, defamatory, obscene, or otherwise objectionable.
• Attempt to access, probe, or disrupt the Service's security, infrastructure, or other customers' data.
• Reverse engineer, decompile, or disassemble the Service except as permitted by law.
• Resell, sublicense, or make the Service available to third parties on a standalone basis without our written consent.

Violations may result in suspension or termination of your account and, for messaging abuse, immediate suspension of SMS sending privileges without refund.

4. Customer data and responsibilities

You retain all rights in your Customer Data. You are responsible for the accuracy, legality, and appropriateness of Customer Data and for obtaining all consents required to collect, store, and use the personal information you upload, including any consents required to send marketing or transactional messages to your contacts. You are solely responsible for the content of messages sent through the Service.

We process Customer Data in accordance with our Privacy Policy. We will not access or use your Customer Data except as necessary to provide, maintain, and secure the Service, or as required by law.

5. Subscriptions, fees, and billing

Paid plans are billed in advance on a recurring basis (monthly or annually, depending on your plan). Fees are non-refundable except where required by law. We may change our fees upon reasonable notice; price changes take effect at the start of your next billing cycle after notice. You authorize us to charge your payment method for all fees incurred under your account.

6. Free trial

We may offer a free trial for a limited period. Free trials are intended for evaluation and may be limited in features or usage. We may modify or terminate free trial offerings at any time without liability.

7. Term and termination

These Terms begin when you register and continue until terminated. You may terminate your account at any time through your account settings. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or if required to protect the Service or other customers. Upon termination, your right to use the Service ends. You may export your Customer Data before termination; we may delete Customer Data after a reasonable period following termination.

8. Warranties and disclaimers

Except as expressly stated, the Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that messages will be delivered.

9. Limitation of liability

To the fullest extent permitted by law, in no event will HighDay be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or business, arising out of or related to the Service, whether in contract, tort, or otherwise. Our total aggregate liability for all claims is limited to the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You will indemnify and hold harmless HighDay and its affiliates from any claims, damages, and expenses (including reasonable attorneys' fees) arising from your Customer Data, your use of the Service, your violation of these Terms or applicable law, or your violation of any third-party rights, including messaging and telemarketing laws.

11. SMS messaging — A2P 10DLC terms and conditions

The following terms apply to any use of SMS, MMS, or text messaging features through the Service. "A2P 10DLC" refers to Application-to-Person messaging over standard 10-digit long code phone numbers in the United States, governed by The Campaign Registry (TCR), mobile carriers, and the CTIA.

11.1 Registration and compliance

• Before sending any A2P 10DLC messages, you must complete the carrier registration process, including providing accurate business information (legal entity name, EIN, address, and contact details) and registering each messaging campaign with its use case and brand.
• You must provide truthful, accurate information during registration and keep it current. Misrepresentation may result in suspension of messaging and your account.
• You are responsible for any fees, surcharges, or costs imposed by carriers, TCR, or messaging gateways related to your campaigns.

11.2 Opt-in and consent

• You must obtain prior express written consent from each recipient before sending any marketing or promotional SMS message, in compliance with the TCPA.
• Consent must be clearly documented and must specify that the user agrees to receive messages from you. You are responsible for maintaining proof of consent.
• For transactional messages (account alerts, appointment reminders), you must have an existing relationship with the recipient and the message must relate to that relationship.

11.3 Opt-out, help, and keywords

• Every marketing message must include clear opt-out instructions. You must honor opt-out requests within a reasonable time, and no later than required by carrier rules.
• STOP: recipients may reply STOP to any message to opt out of all future messages from that number. You must immediately cease sending further messages to that recipient.
• UNSTOP: recipients may reply UNSTOP to resume receiving messages if they previously opted out.
• HELP: recipients may reply HELP to receive information about the program, including your business name, contact information, and the message "Message & data rates may apply."
• You must not use shared short codes for marketing. All A2P messaging must use properly registered 10DLC numbers or toll-free numbers.

11.4 Prohibited content and use

You must not send any content that is prohibited by carrier rules, including but not limited to:

• SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) content.
• Phishing, fraud, or deceptive messages.
• High-risk content as defined by carriers from time to time.
• Messages that violate applicable law, including the TCPA, CAN-SPAM, and state telemarketing laws.

We reserve the right to review, block, or remove any message or campaign that we believe violates carrier rules or these Terms.

11.5 Message frequency and delivery

• You are responsible for setting reasonable message frequency and disclosing it to recipients at opt-in.
• Message delivery is not guaranteed. Carriers may filter, delay, or block messages. We are not liable for undelivered or delayed messages.
• Message and data rates may apply to recipients. You must disclose this in your opt-in language and HELP responses.

11.6 Carrier rules and changes

A2P 10DLC rules are set by mobile carriers and industry bodies and may change without notice. You must comply with all current carrier rules, the CTIA Messaging Principles and Best Practices, and applicable law. We may modify messaging features or suspend campaigns to comply with carrier requirements.

11.7 International messaging

If you send messages to recipients outside the United States, you must comply with the laws and carrier rules of the recipient's country. Additional restrictions may apply.

12. Intellectual property

The Service, including its software, design, and branding, is owned by HighDay and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or proprietary technology except as expressly stated.

13. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

14. Modifications to these Terms

We may modify these Terms from time to time. We will post the updated version with a revised "Last updated" date. Material changes will take effect thirty (30) days after posting, except that changes required for legal or carrier compliance may take effect immediately. Continued use of the Service after changes take effect constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. You agree to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, for any dispute arising from these Terms or the Service.

16. General provisions

• Entire agreement: these Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between us regarding the Service.
• Severability: if any provision is found unenforceable, the remaining provisions remain in full force.
• No waiver: our failure to enforce any right is not a waiver of that right.
• Assignment: you may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact us

If you have questions about these Terms, contact us:
Haze Brands LLC DBA HighDay
30 N Gould St Ste R, Sheridan, WY 82801
Phone: +1 307-206-2398
Email: legal@highdaycrm.com