Terms of Service

These Terms of Service ("Terms") govern your access to and use of Hearthly AI's website, software platform, SMS messaging program, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. Please also review our Privacy Policy to understand how we collect and use your information.

1. Who We Are

The Services are operated by Hearthly AI LLC, a limited liability company organized under the laws of the State of South Carolina, with a principal place of business at 421 Rosehaven Way, Greer, SC 29651, United States. References to "we," "us," "our," or "Hearthly AI" mean Hearthly AI LLC.

Hearthly AI provides white-labeled marketing and lead management software built on third-party infrastructure including GoHighLevel.

2. Eligibility and Account Registration

To use the Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Be a resident of the United States
• Provide accurate, current, and complete information when creating an account
• Maintain the security and confidentiality of your account credentials
• Promptly notify us of any unauthorized access to your account

You are responsible for all activity that occurs under your account, whether or not authorized.

3. Subscription Plans and Billing

Subscription Tiers

Hearthly AI offers tiered subscription plans (such as Spark, Ember, and Hearth) with features and pricing described on our website at the time of purchase. Pricing is subject to change with reasonable notice. Existing subscribers will be notified of any pricing changes affecting their plan before the change takes effect.

Payment Processing

All payments are processed through Stripe. By providing payment information, you authorize us to charge the payment method on file for the agreed subscription fees, applicable taxes, and any usage-based charges.

Recurring Billing

Subscriptions automatically renew on the same billing cycle (typically monthly) unless cancelled before the renewal date. You are responsible for keeping your payment information current. If a payment fails, we may suspend or terminate your access until the payment issue is resolved.

Usage-Based Charges

Certain features (such as SMS messages, phone calls, AI conversation usage, and email volume above included limits) may incur additional usage-based charges. These charges are passed through from third-party providers and will be billed in addition to your base subscription. Detailed usage rates are available upon request.

Refunds

Subscription fees are non-refundable except where required by law. Usage-based charges incurred during a billing period are non-refundable. We may, at our sole discretion, issue refunds in extraordinary circumstances.

4. Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period — you will continue to have access until that date and will not be billed for further periods. To cancel, contact us at will@hearthlyai.com or use any self-service cancellation tools we make available.

We reserve the right to suspend or terminate accounts at our discretion for violation of these Terms, fraudulent activity, abusive behavior, or non-payment.

5. Acceptable Use

You agree not to use the Services to:

• Violate any law, regulation, or third-party rights
• Send unsolicited commercial messages (spam) or violate the CAN-SPAM Act, TCPA, or A2P 10DLC carrier requirements
• Send messages to recipients who have not provided proper consent
• Engage in fraud, deceptive practices, or misrepresentation
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or attempt to extract source code from the Services
• Use the Services to operate a competing platform
• Resell or sublicense access to the Services without our written permission

6. SMS Messaging Program

Hearthly AI operates a text messaging program to communicate with prospective customers, current clients, and individuals who have requested information about our software platform and services. The following sections describe the program in detail and apply to all subscribers and recipients of our SMS messages.

Hearthly AI uses text messaging for the following purposes:

• Account-related notifications, including signup confirmations, billing reminders, and platform updates
• Responding to inquiries you have initiated
• Sending appointment reminders and scheduling confirmations
• Providing customer support and onboarding communications
• Sharing relevant product information when you have opted in to marketing messages

7. SMS Consent and Opt-In

You opt in to receive SMS messages from Hearthly AI by:

• Submitting your mobile phone number through a form on our website that includes clear consent language
• Texting an opt-in keyword to one of our designated phone numbers
• Verbally agreeing to receive messages during a call with Hearthly AI staff, where the consent is documented
• Checking a consent box during signup or registration that explicitly authorizes SMS communications

By opting in, you confirm that the mobile phone number you provided belongs to you, and that you have the authority to consent to receive text messages at that number.

8. Message Frequency and Rates

Message frequency varies based on your interactions with Hearthly AI. Most subscribers receive a small number of messages each month — typically related to account activity, support, and scheduling. Marketing-related messages, where applicable, are sent infrequently and only to subscribers who have opted in to such communications.

Message and data rates may apply. Charges depend on your mobile carrier and plan. Hearthly AI does not charge separately for sending or receiving SMS messages, but standard carrier rates apply for messages sent to or from your device. Please contact your wireless provider for details about your specific plan.

9. SMS Opt-Out and Help

You can opt out of receiving SMS messages from Hearthly AI at any time. The following standard SMS keywords are honored:

If you need assistance with the messaging program, you may use the following keywords:

You may also contact us directly at any time using the contact information at the bottom of this document.

10. Carriers and Service Availability

Hearthly AI's SMS program is supported by major U.S. wireless carriers, including but not limited to AT&T, Verizon, T-Mobile, Sprint, and U.S. Cellular. Carriers are not liable for delayed or undelivered messages.

Service may not be available in all areas or on all carriers. Hearthly AI does not guarantee the delivery of any message and is not responsible for messages that fail to deliver due to factors outside our control, including carrier issues, recipient device problems, or network outages.

11. Client SMS and Email Compliance Responsibilities

This includes, without limitation:

• TCPA (Telephone Consumer Protection Act): Obtain proper express written consent before sending automated marketing texts or making automated calls.
• A2P 10DLC: Properly register your business and campaigns through The Campaign Registry. Failure to register may result in messages being blocked or filtered.
• CAN-SPAM Act: Include accurate sender information and a working unsubscribe mechanism in all marketing emails.
• Honor opt-out requests immediately when contacts reply STOP or unsubscribe.
• Maintain records of consent for all SMS recipients.

You agree to indemnify and hold Hearthly AI harmless from any fines, penalties, claims, or damages arising from your failure to comply with these requirements.

12. Intellectual Property

Our Property

The Services, including our website, software, branding, content, and all related intellectual property, are owned by Hearthly AI LLC or our licensors. Nothing in these Terms transfers ownership of any intellectual property to you.

Your Content

You retain all ownership rights to the content you upload, create, or store using the Services ("Your Content"). By using the Services, you grant Hearthly AI a limited, non-exclusive license to host, store, transmit, and display Your Content solely as necessary to provide the Services to you.

Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant Hearthly AI a perpetual, royalty-free license to use that feedback without obligation to you.

13. Third-Party Services

The Services rely on and integrate with third-party platforms, including but not limited to GoHighLevel, Stripe, Twilio, LeadConnector, Mailgun, and Google services. Your use of those third-party services is subject to their respective terms and privacy policies. Hearthly AI is not responsible for the availability, accuracy, or behavior of third-party services.

14. Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind, either express or implied. To the fullest extent permitted by law, Hearthly AI disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, secure, or free of viruses
• Warranties regarding the accuracy or reliability of any information obtained through the Services
• Warranties regarding business outcomes, lead conversion rates, or revenue results
• Warranties regarding the delivery, timeliness, or accuracy of SMS messages

You use the Services at your own risk.

15. Limitation of Liability

To the fullest extent permitted by law, Hearthly AI's total cumulative liability for any claim arising from or related to these Terms or the Services shall not exceed the amount you paid to Hearthly AI in the twelve (12) months preceding the event giving rise to the claim.

In no event shall Hearthly AI be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, even if Hearthly AI has been advised of the possibility of such damages.

16. Indemnification

You agree to indemnify, defend, and hold harmless Hearthly AI LLC, its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Communications sent by you or on your behalf using the Services
• Your Content

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of South Carolina, without regard to conflict of law principles. Any dispute arising from or related to these Terms or the Services shall be resolved in the state or federal courts located in Greenville County, South Carolina, and you consent to the exclusive jurisdiction of those courts.

Before filing any formal legal action, both parties agree to attempt to resolve disputes through good-faith negotiation for at least 30 days.

18. Changes to These Terms

We may modify these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. Material changes will be communicated to active subscribers by email at least 14 days before taking effect. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

19. Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hearthly AI regarding the Services and supersede any prior agreements or understandings.

20. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. Hearthly AI may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without restriction.