These Terms of Service ("Terms") are a binding agreement between Hey Happy, LLC, a Michigan limited liability company ("Hey Happy", "we", "us", or "our"), and the business that creates an account to use our service ("Customer", "you", or "your").
The "Service" means the HeyHappy application, the heyhappy.io website, our APIs, the integrations we offer with third-party systems, the survey and notification emails we send on your instruction, and any related documentation and support.
By creating an account, clicking to accept these Terms, or using the Service, you agree to these Terms. If you are accepting on behalf of a company or other organization, you represent that you have the authority to bind that organization, and "Customer" means that organization. If you do not agree, do not use the Service.
"Authorized User" means an individual you permit to access the Service under your account, including your employees, technicians, agents, and contractors. "End Customer" means a customer, client, or contact of yours whose information you send to the Service, and to whom the Service may send a survey or other message on your instruction.
"Customer Data" means all data, content, and information you or your Authorized Users submit to the Service, or that the Service collects on your behalf, including End Customer names, email addresses and phone numbers, ticket and job records, survey responses, ratings, and comments.
"Documentation" means the help material and instructions we make available for the Service.
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term for your internal business purposes.
We may change, improve, add, or remove features of the Service. If we make a change that materially reduces the core functionality you are paying for, you may terminate your subscription and receive a pro-rated refund of prepaid fees for the remainder of the then-current Billing Cycle. We provide support by email. Unless we have signed a separate written agreement with you, we do not commit to a specific uptime level or response time.
When you create an account you must provide information that is accurate, complete, and current, and keep it up to date. Failure to do so is a breach of these Terms and may result in suspension or termination of your account.
You are responsible for safeguarding account credentials and for all activity that occurs under your account and your Authorized Users' accounts, whether or not you authorized that activity. You agree not to share passwords with third parties and to notify us promptly at chris@heyhappy.io if you become aware of any unauthorized access or security incident affecting your account.
You are responsible for your Authorized Users' compliance with these Terms.
Paid plans are sold on a subscription basis and are billed in advance on a recurring monthly or annual cycle ("Billing Cycle") according to the plan you select. Plans are tiered by the number of technicians or agents on your team, and you agree to select and maintain a plan appropriate to your actual headcount. Payments are processed by our payment processor, Stripe. We do not store full payment card numbers. You must provide a valid payment method and accurate billing information, and you authorize us and our payment processor to charge that payment method for all fees incurred under your account, including renewals.
Your subscription renews automatically at the end of each Billing Cycle at the then-current rate, unless you cancel before the renewal date or we terminate it. You may cancel at any time from your billing settings. Cancellation takes effect at the end of the then-current Billing Cycle, and you keep access until then.
If a charge fails, we may retry it, and we may issue an invoice that you must pay by the date stated on it. We may suspend the Service for non-payment after giving you notice and a reasonable opportunity to cure.
Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes on your subscription, other than taxes on our income.
We may, at our sole discretion, offer a free trial of a subscription for a limited period ("Free Trial"). We may require billing information to start a Free Trial. If you provide billing information when starting a Free Trial, you will not be charged until the Free Trial ends. Unless you cancel before the last day of the Free Trial, you will be automatically charged the fees for the plan you selected.
We may modify or cancel a Free Trial offer at any time.
We may modify subscription fees at our discretion. A fee change takes effect at the end of your then-current Billing Cycle, and we will give you reasonable prior notice so you can cancel before the change applies. Continuing to use the Service after a fee change takes effect constitutes your agreement to the new fee.
Except as expressly stated in these Terms, fees are non-refundable. We consider refund requests on a case-by-case basis at our discretion.
You agree not to, and not to permit any Authorized User or third party to:
You own Customer Data. We claim no ownership of it.
You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use Customer Data solely to provide, secure, support, and improve the Service, to send messages you have configured, and as otherwise permitted in these Terms and our Privacy Policy.
You are responsible for Customer Data and for how you use the Service. You represent and warrant that:
You are the controller of End Customer personal data and we act as your processor. Our processing commitments are described in our Data Processing Addendum, which is incorporated into these Terms.
We may generate and use aggregated, de-identified statistics and insights derived from use of the Service, including benchmarks, provided that this information does not identify you, your Authorized Users, or your End Customers, and is not disclosed in a way that would allow re-identification.
The Service can connect to third-party systems you choose, including ConnectWise, ServiceTitan, and Google Business Profile. Those systems are controlled by third parties, not by us. When you connect one, you authorize us to access and exchange data with it on your behalf using the credentials or authorizations you provide.
Your use of a third-party system is governed by your agreement with that provider, and by that provider's program policies. We are not responsible for third-party systems, for their availability or changes to their APIs, or for how they use data you send them. If a provider changes or discontinues its API, features of the Service that depend on it may change or stop working. You are responsible for complying with the policies of any review platform you use through the Service, including Google's policies on soliciting reviews. Those policies restrict practices such as offering incentives for reviews and selectively soliciting reviews only from customers you believe are satisfied. You are responsible for configuring the Service, including any review request features, in a way that complies with those policies, and for the content of review requests sent under your account.
Some features use third-party artificial intelligence services to summarize feedback, suggest reply text, or surface insights. To provide those features, Customer Data such as survey comments may be sent to our AI provider for processing. Our AI provider processes that content on our behalf under terms that do not permit it to use the content to train its models.
AI output is generated automatically, may be inaccurate or incomplete, and is provided for your consideration only. You are responsible for reviewing AI output before relying on it or sending it to an End Customer. AI features are provided without warranty of accuracy, and we are not liable for decisions you make based on AI output.
We may add, change, or discontinue AI features, and we will identify our AI subprocessors in our Privacy Policy.
We and our licensors own the Service, including its software, design, text, graphics, logos, trademarks, and all related intellectual property rights. These Terms grant you a right to use the Service, not any ownership interest in it. All rights not expressly granted are reserved. If you send us feedback, feature requests, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you. We may identify you as a customer of the Service unless you tell us in writing not to.
Each party may receive non-public information of the other in connection with the Service. Each party agrees to protect the other's confidential information with at least reasonable care, to use it only as needed to perform under these Terms, and not to disclose it to third parties except to its personnel and contractors who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully received from a third party, and either party may disclose confidential information if legally compelled, after giving the other reasonable notice where permitted.
Our Privacy Policy explains what personal information we collect and how we handle it. We maintain administrative, technical, and physical safeguards designed to protect Customer Data, described further in our Data Processing Addendum.
We may suspend your access to all or part of the Service if we reasonably believe there is a security risk, a violation of Section 7, a legal requirement, or non-payment. Unless doing so would increase the risk or is prohibited, we will give you notice and an opportunity to resolve the issue before suspending.
These Terms apply from the date you first use the Service until your subscription and account are terminated.
You may terminate at any time by cancelling your subscription and discontinuing use of the Service. We may terminate or suspend your account for material breach of these Terms that you do not cure within ten days of notice, immediately for a breach of Section 7, or if you become insolvent. We may also terminate a free or trial account at any time.
On termination, your right to use the Service ends and any outstanding fees become due. You are not entitled to a refund of prepaid fees except where these Terms expressly provide one.
You may export your Customer Data before termination. For 30 days after termination we will retain Customer Data so that you can reactivate or request an export. After that period we will delete or de-identify Customer Data within 90 days, except for data we must keep to comply with law, resolve disputes, or enforce our agreements, and except for routine backups, which are purged on our standard schedule.
Sections that by their nature should survive termination will survive, including Sections 8, 11, 12, 16, 17, 18, 19, and 21.
Your use of the Service is at your own risk. Except as expressly stated in these Terms, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the Service is free of harmful components, that data will never be lost or corrupted, or that the results of using the Service will meet your requirements or produce any particular business outcome, including any change in customer satisfaction, retention, or reviews.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost or corrupted data, or business interruption, arising out of or relating to these Terms or the Service, whether based in warranty, contract, tort (including negligence), strict liability, or any other theory, even if the party was advised of the possibility of those damages and even if a remedy fails of its essential purpose.
To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid us for the Service in the twelve months immediately before the event giving rise to the first claim, or (b) one hundred United States dollars.
These limitations do not apply to your obligation to pay fees, to your obligations under Section 18, or to liability that cannot be limited under applicable law.
You acknowledge that the fees for the Service reflect this allocation of risk, and that we would not provide the Service on these terms without it.
You will defend, indemnify, and hold harmless Hey Happy and its members, officers, employees, and agents from and against any third-party claim, demand, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
We will give you prompt notice of the claim, and you will control the defense and settlement, except that you may not settle a claim in a way that imposes an obligation on us without our written consent, and we may participate with our own counsel at our expense.
These Terms are governed by the laws of the State of Michigan, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in Kent County, Michigan have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue in those courts.
To the extent permitted by law, each party waives any right to a trial by jury. Each party agrees that claims must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding, and that the parties may not consolidate claims or arbitrate or litigate on a class basis.
Any claim arising out of or relating to these Terms or the Service must be brought within one year after the claim arose, except for claims for non-payment.
We may modify these Terms. If a change is material, we will provide at least 30 days' notice before it takes effect, by email or by notice in the Service. What constitutes a material change is determined in our reasonable discretion. Changes apply to your next Billing Cycle beginning after the notice period.
If you continue to use the Service after a change takes effect, you agree to the revised Terms. If you do not agree, stop using the Service and cancel your subscription before the change takes effect.
Entire agreement. These Terms, together with the Privacy Policy and the Data Processing Addendum, are the entire agreement between us regarding the Service and supersede any prior or contemporaneous agreements, proposals, or communications on that subject. Any purchase order or vendor terms you issue are rejected and have no effect.
Order of precedence. If a signed written agreement between us conflicts with these Terms, the signed agreement controls for that conflict.
Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all your assets that is not a competitor of ours. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
Notices. We may give notice by email to your account's billing or administrative address, or by posting in the Service. You may give us notice at chris@heyhappy.io.
Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including acts of nature, war, terrorism, labor disputes, internet or utility failures, and acts of third-party providers. This does not excuse payment obligations.
Severability and waiver. If a provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the rest of these Terms will remain in effect. Our failure to enforce a right is not a waiver of it. Independent parties. The parties are independent contractors. These Terms create no partnership, joint venture, agency, or employment relationship, and no third-party beneficiary rights.
Export and sanctions. You represent that you and your Authorized Users are not subject to sanctions or located in an embargoed jurisdiction, and you agree not to use the Service in violation of export control or sanctions laws.
U.S. government users. The Service is a commercial item. Government use is subject to these Terms.
Questions about these Terms can be sent to chris@heyhappy.io.
Hey Happy, LLC Michigan, United States Last updated: September 17, 2026