Terms of Use

These Terms of Use ("Terms") govern access to and use of Blue Heeler Bytes (the "Service"), a lead management and customer follow-up platform operated by Blue Heeler Bytes LLC ("we", "us"). By creating an account or signing in, you agree to these Terms on behalf of yourself and the business you represent (the "Customer").

1. Accounts

• Each Customer receives a separate, isolated workspace. Customer administrators control who on their team has access and at what role.
• You are responsible for keeping your credentials confidential and for all activity under your account. Tell us promptly at support@blueheelerai.com if you suspect unauthorized access.
• You must be at least 18 years old and authorized to bind the Customer to these Terms.

2. Customer data

The Customer owns the data it puts into the Service, including leads, customers, messages, and photos ("Customer Data"). We process Customer Data only to provide and support the Service, as described in our Privacy Policy. The Customer is responsible for having the rights and consents needed to collect and use Customer Data.

3. Text messages and email

The Service sends SMS and email on the Customer's behalf. The Customer is the sender and is responsible for complying with applicable law, including the TCPA, CAN-SPAM, and carrier rules. In particular, the Customer must:

• obtain the recipient's prior express consent before sending automated text messages;
• not send messages to anyone who has opted out — the Service blocks opted-out numbers automatically and honors STOP, UNSUBSCRIBE, CANCEL, END, and QUIT replies;
• include accurate sender information, a working unsubscribe method, and a valid physical mailing address in marketing email;
• not send unlawful, deceptive, harassing, or unsolicited bulk content.

Recipients can reply HELP for help, or contact support@blueheelerai.com, and can reply STOP to opt out at any time. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

4. AI features

The Service includes optional AI features, described in the Privacy Policy: an AI review of new service requests with draft replies for the Customer's staff, and an AI chat that people can use on the Customer's request page right after sending a request. They are on for a Customer once it writes a description of its business in the Service.

For Customers:

• The AI answers from the description the Customer writes. The Customer is responsible for keeping that description accurate and for leaving out anything it doesn't want the public to see.
• AI output can be inaccurate or incomplete. Drafts are never sent automatically; the Customer's staff must review them before sending, and the Customer is responsible for every message it sends, as in section 3.
• The chat tells people it is an AI. The Customer must not present it as a person.
• We may limit how much the AI features are used each day, for example to stop spam.

For people using the AI chat on a business's request page:

• You're chatting with an AI, not a person. It can be wrong, and nothing it says is a price quote, an appointment, or a promise from the business. The business will confirm anything important.
• Don't use the chat for emergencies. Call 911, or your gas or electric utility.
• Don't share payment card numbers, passwords, or government ID numbers in the chat.
• The chat is saved with your request and shared with the business.

5. Acceptable use

You may not: attempt to access another Customer's workspace or data; probe, scan, or overload the Service; reverse engineer it except where law allows; resell it without our written permission; or use it for anything unlawful.

6. Fees

Fees, billing cycle, and any trial period are as stated in the Customer's plan or order. Fees are billed in advance, are non-refundable except where required by law, and exclude taxes, which the Customer pays. Payments are processed by Stripe. We may suspend the Service for accounts more than 30 days past due.

7. Availability and changes

We work to keep the Service available but don't guarantee uninterrupted operation. We may change or discontinue features; we'll give reasonable notice of material changes that reduce core functionality.

8. Suspension and termination

We may suspend accounts for non-payment, security risk, or violation of these Terms. The Customer may stop using the Service at any time. After termination, the Customer may request an export of Customer Data within 14 days, after which we delete it, except for records we must keep by law (such as consent and opt-out logs).

9. Disclaimers and limitation of liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that messages will be delivered, or delivered on time, by carriers or email providers, or that anything the AI features write is accurate.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE FEES THE CUSTOMER PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

10. Governing law

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules.

11. Changes to these Terms

We may update these Terms. We'll post the new version here and update the date above; for material changes we'll also notify Customer administrators. Continued use after changes take effect means acceptance.

12. Contact

Blue Heeler Bytes LLC, 714 S. Hillside Ave, Elmhurst, IL 60126, support@blueheelerai.com.