HiTimmy Terms of Service

These Terms of Service (“Terms”) govern access to and use of the HiTimmy website, software platform, artificial intelligence features, voice and messaging services, integrations, applications, and related services collectively referred to as the “Services.”

These Terms are entered into between the person or organization using the Services (“Customer,” “you,” or “your”) and the HiTimmy legal entity identified in the applicable Order Form, invoice, or other ordering document. If no HiTimmy entity is identified in an ordering document, “HiTimmy,” “we,” “us,” or “our” means the entity operating hitimmy.com.

By accessing or using the Services, signing an Order Form, or otherwise accepting these Terms, you agree to be bound by the Agreement. If you are accepting the Agreement on behalf of an organization, you represent that you have authority to bind that organization.

The Services are offered for business and professional use only. They are not intended for personal, family, or household use.

1. The Agreement

The “Agreement” consists of:

1. any Order Form, statement of work, invoice, or other ordering document accepted by the parties;
2. these Terms;
3. any applicable Data Processing Addendum;
4. any service-specific terms expressly referenced in an Order Form; and
5. the HiTimmy Privacy Policy, where applicable.

If there is a conflict among these documents, the following order of precedence applies:

1. the Order Form;
2. the Data Processing Addendum, solely with respect to personal-data processing;
3. any service-specific terms;
4. these Terms; and
5. the Privacy Policy.

An Order Form may modify these Terms only for the Services covered by that Order Form.

2. The Services

HiTimmy provides AI-powered software and related services that may help businesses:

• answer, route, summarize, or assist with telephone calls;
• send or manage text messages, emails, and other communications;
• follow up with customers, prospects, policyholders, and business contacts;
• support lead management, renewal, cross-sell, win-back, service, and other business workflows;
• retrieve, organize, or update information through connected systems;
• provide workflow assistance, analytics, recommendations, coaching, and summaries;
• automate or assist with approved business actions; and
• perform other functions described in an Order Form.

The Services may use artificial intelligence, machine-learning models, telecommunications providers, third-party software, and external data sources.

We may update, enhance, or modify the Services from time to time. We will not materially reduce the core functionality of paid Services during an active subscription term without reasonable notice, except where a change is necessary for security, legal compliance, third-party dependency changes, or to prevent harm.

No service-level commitment applies unless it is expressly stated in an Order Form or separate service-level agreement.

3. Accounts and Authorized Users

Customer may permit its employees, contractors, representatives, and other authorized personnel to use the Services on its behalf (“Authorized Users”).

Customer is responsible for:

• ensuring that Authorized Users comply with the Agreement;
• maintaining accurate account and billing information;
• protecting passwords, API keys, credentials, telephone numbers, and connected accounts;
• configuring roles, permissions, workflows, and approval requirements appropriately;
• promptly removing access for individuals who are no longer authorized; and
• all activity conducted through Customer’s accounts, except to the extent caused by HiTimmy’s breach of the Agreement.

Customer must promptly notify HiTimmy at contact@hitimmy.com if it becomes aware of unauthorized access, compromised credentials, or other suspected misuse of the Services.

4. Right to Use the Services

Subject to Customer’s compliance with the Agreement and payment of applicable fees, HiTimmy grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to access and use the Services for Customer’s internal business purposes.

Customer may not, and may not permit another person to:

1. sell, sublicense, rent, lease, distribute, or commercially provide the Services to a third party, except as expressly permitted in an Order Form;
2. reverse engineer, decompile, disassemble, or attempt to discover source code, models, algorithms, prompts, or underlying components of the Services, except where applicable law prohibits this restriction;
3. copy or create derivative works of the Services;
4. circumvent usage limits, security controls, access restrictions, or safety measures;
5. access the Services to build or benchmark a competing product;
6. use automated means to scrape or extract information from the Services except through authorized APIs;
7. introduce malicious code or interfere with the integrity, security, or operation of the Services;
8. use the Services in violation of applicable law or the rights of another person;
9. use the Services to deceive, impersonate, harass, threaten, discriminate against, or defraud another person;
10. use the Services to generate or distribute unlawful, misleading, or deceptive communications; or
11. remove proprietary notices or misrepresent the source of the Services.

HiTimmy may impose reasonable technical usage limits consistent with the applicable Order Form.

5. Customer Instructions and Responsibilities

Customer controls the business purposes for which it uses the Services, the people it contacts, the systems it connects, the data it provides, and the workflows it authorizes.

Customer is solely responsible for:

• the legality and accuracy of its instructions, campaigns, scripts, prompts, data, workflows, offers, and communications;
• determining whether the Services are appropriate for a particular use;
• obtaining all licenses, authorizations, permissions, and consents required for its activities;
• reviewing and approving customer-facing scripts and automated actions;
• supervising the Services and maintaining appropriate human oversight;
• verifying information before relying on it or acting upon it;
• maintaining legally required records, disclosures, and suppression lists;
• complying with industry rules, carrier requirements, and contractual obligations applicable to Customer; and
• the products, policies, services, advice, representations, and commitments offered by Customer.

Customer must not instruct the Services to perform an action that Customer itself would not lawfully be permitted to perform.

6. Calls, Text Messages, Emails, and Other Communications

The Services may enable Customer to initiate, receive, record, transcribe, analyze, or automate communications.

Customer is responsible for ensuring that every communication made through the Services complies with applicable laws and industry rules, including those concerning:

• telemarketing and automated communications;
• artificial or prerecorded voices;
• automated dialing;
• text messaging;
• commercial email;
• calling-hour restrictions;
• do-not-call and suppression lists;
• identification and disclosure requirements;
• consent and withdrawal of consent;
• call recording and transcription;
• privacy and data protection; and
• carrier, telecommunications-provider, and messaging-platform requirements.

Customer represents and warrants that it has a valid legal basis to contact each recipient through the selected communication channel.

Where consent is required, Customer must obtain and retain legally sufficient evidence of that consent before using the Services to contact the recipient.

Customer must promptly honor and communicate to HiTimmy all opt-outs, revocations of consent, do-not-call requests, unsubscribe requests, and similar preferences. Customer may not attempt to bypass opt-out, suppression, or carrier-compliance mechanisms.

Customer must not upload or use purchased, scraped, unlawfully obtained, or inadequately permissioned contact lists.

HiTimmy may suspend a campaign, telephone number, message, workflow, or account where we reasonably believe it creates legal, carrier, security, reputational, or abuse risk.

7. Call Recording, Transcription, and AI Disclosure

Certain Services may record, monitor, transcribe, summarize, or analyze calls and other communications.

Customer is solely responsible for:

• determining whether recording or transcription is permitted;
• providing all legally required notices;
• obtaining consent from all participants when required;
• configuring recording and transcription features appropriately; and
• retaining or deleting recordings in accordance with applicable law and Customer’s policies.

HiTimmy may provide standard notices or disclosure functionality, but Customer remains responsible for determining whether those notices are sufficient for its use and jurisdiction.

Customer may not configure the Services to falsely claim that an AI system is a particular real person or to materially mislead a person about whom they are communicating with.

Customer must disclose the use of artificial intelligence, automation, recording, or transcription whenever required by law, contract, industry rules, or the circumstances of the interaction.

8. Insurance-Specific Requirements

HiTimmy is a technology provider. HiTimmy is not an insurance carrier, insurance producer, broker, agent, adjuster, underwriter, attorney, financial adviser, or fiduciary.

The Services do not independently provide insurance, legal, underwriting, claims, coverage, or financial advice.

Customer is responsible for ensuring that:

• activities requiring a license are performed or supervised by appropriately licensed individuals;
• communications accurately identify the applicable agency, carrier, producer, or other responsible party;
• policy, quote, premium, coverage, claims, and eligibility information is verified against authoritative systems;
• legally required disclosures are delivered;
• employees and producers review recommendations before making regulated or legally significant decisions; and
• the Services are used consistently with applicable insurance laws, carrier appointments, agency agreements, and internal compliance policies.

Unless expressly authorized in an Order Form and implemented through Customer-approved systems, the Services may not independently:

• bind, issue, modify, renew, cancel, or reinstate insurance coverage;
• make final underwriting, eligibility, pricing, claims, or coverage decisions;
• approve or deny a claim;
• make an adverse action or other legally significant decision;
• provide a binding quote or coverage interpretation;
• sign a document on behalf of a customer or licensed professional; or
• receive or hold funds on behalf of an insured or insurer.

Customer must maintain meaningful human review over regulated decisions and high-impact actions.

9. Artificial Intelligence and Automated Output

The Services may generate text, speech, recommendations, classifications, summaries, action suggestions, extracted information, and other output using artificial intelligence (“Output”).

Artificial intelligence is probabilistic. Output may be inaccurate, incomplete, outdated, misleading, offensive, or unsuitable for Customer’s intended purpose.

Customer is responsible for evaluating Output before using, publishing, sending, or relying on it.

Customer must not rely on Output as the sole basis for:

• insurance coverage, underwriting, claims, pricing, or eligibility decisions;
• legal, medical, financial, employment, housing, lending, or other high-impact decisions;
• emergency response;
• statements that create contractual or regulatory obligations; or
• any action that could materially affect an individual’s rights or access to services.

HiTimmy does not guarantee that Output will be unique. Similar or identical output may be generated for other customers.

Any performance projections, revenue estimates, lead estimates, conversion estimates, or suggested outcomes are illustrative and are not guarantees.

10. Prohibited and High-Risk Uses

Customer may not use the Services:

1. for emergency calling or as a substitute for 911 or emergency-response services;
2. to impersonate government agencies, financial institutions, insurance carriers, or other organizations without authorization;
3. to engage in unlawful discrimination or prohibited profiling;
4. to facilitate fraud, phishing, identity theft, or deceptive sales practices;
5. to make unlawful employment, credit, housing, insurance, healthcare, or similar eligibility decisions;
6. to unlawfully collect passwords, authentication codes, payment credentials, government identifiers, or sensitive personal information;
7. to contact minors without legally sufficient authorization;
8. to create or distribute unlawful, abusive, harassing, or infringing material; or
9. in any manner likely to cause physical harm, financial harm, or material legal harm without appropriate controls and human review.

Customer may not submit payment-card information, protected health information, Social Security numbers, financial-account credentials, or similarly regulated data unless the applicable Service is expressly designed and contractually approved to process that category of information.

11. Customer Data

“Customer Data” means information, content, contact records, scripts, prompts, documents, audio, call recordings, transcripts, messages, files, credentials, configuration information, and other materials submitted to or processed through the Services by or on behalf of Customer.

As between the parties, Customer retains all rights in Customer Data.

Customer grants HiTimmy and its subprocessors a limited, non-exclusive right to host, copy, transmit, display, modify, and otherwise process Customer Data only as reasonably necessary to:

• provide and operate the Services;
• carry out Customer’s instructions;
• prevent abuse and maintain security;
• provide support;
• comply with applicable law; and
• improve the reliability and performance of the Services.

Customer represents and warrants that:

• it has all rights required to provide Customer Data to HiTimmy;
• its collection and use of Customer Data complies with applicable law;
• Customer Data and Customer’s instructions do not infringe another person’s rights; and
• HiTimmy’s processing of Customer Data in accordance with the Agreement will not violate applicable law.

Unless an Order Form expressly states otherwise or Customer provides written authorization, HiTimmy will not use Customer Data to train general-purpose artificial-intelligence models made available to other customers.

HiTimmy may generate and use aggregated or de-identified information that does not reasonably identify Customer or an individual to operate, secure, analyze, and improve the Services.

HiTimmy will not sell Customer Data.

12. Personal Data and Privacy

The HiTimmy Privacy Policy describes how HiTimmy processes information for its own business purposes, including website, account, billing, and service-administration information.

Where HiTimmy processes personal data on Customer’s behalf, Customer generally acts as the business or controller and HiTimmy acts as the service provider or processor, as those terms are defined under applicable data-protection law.

If required by applicable law or an Order Form, the parties will enter into HiTimmy’s Data Processing Addendum.

Customer is responsible for:

• providing legally required privacy notices;
• establishing a valid legal basis for processing;
• responding to individuals’ privacy requests;
• determining appropriate retention periods;
• obtaining any required authorization for international data transfers; and
• ensuring its instructions comply with applicable privacy law.

If HiTimmy reasonably believes an instruction violates applicable data-protection law, HiTimmy may decline or suspend the affected processing while the parties attempt to resolve the issue.

13. Security

HiTimmy will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure.

Customer acknowledges that no system, network, or transmission method is completely secure.

Customer is responsible for securely configuring its account, integrations, permissions, credentials, devices, and internal systems.

HiTimmy’s security obligations do not apply to incidents caused by:

• Customer’s systems, users, or credentials;
• third-party services selected or controlled by Customer;
• Customer’s failure to follow documented security instructions;
• Customer’s unlawful or unauthorized configuration; or
• events outside HiTimmy’s reasonable control.

Security commitments beyond this section apply only if stated in an Order Form, security exhibit, or Data Processing Addendum.

14. Third-Party Services and Integrations

The Services may connect with third-party products, telecommunications providers, AI-model providers, customer-relationship-management systems, agency-management systems, email providers, messaging providers, payment services, websites, and other external systems.

Customer authorizes HiTimmy to exchange Customer Data with third-party services as necessary to provide Customer-requested integrations.

Customer’s use of a third-party service is governed by that provider’s terms and privacy practices.

HiTimmy is not responsible for:

• the availability, security, accuracy, or functionality of third-party services;
• changes made by a third-party provider;
• fees charged by a third-party provider;
• data loss or disclosure caused by Customer’s third-party account; or
• a third party’s suspension or termination of Customer’s access.

HiTimmy may discontinue an integration if the provider changes or withdraws access, if continued support becomes commercially unreasonable, or if the integration creates a security or legal risk.

15. Intellectual Property

HiTimmy and its licensors own all rights, title, and interest in the Services, including the software, models, workflows, interfaces, documentation, designs, technology, improvements, and related intellectual property.

Except for the limited right to use the Services granted under the Agreement, no rights are transferred to Customer.

To the extent permitted by law, Customer owns Output generated specifically from Customer Data, subject to:

• HiTimmy’s ownership of the Services and underlying technology;
• third-party rights;
• the possibility that similar output may be generated for others; and
• any restrictions imposed by applicable law.

If Customer provides ideas, suggestions, feedback, or recommendations concerning the Services, Customer grants HiTimmy a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or payment.

Neither party may use the other party’s name, logo, or trademarks publicly without prior written permission, except as required by law.

16. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or that reasonably should be understood to be confidential under the circumstances.

Confidential Information includes Customer Data, non-public product information, security materials, business plans, pricing, technical information, and the terms of non-public Order Forms.

The receiving party will:

• use Confidential Information only to perform or exercise rights under the Agreement;
• protect it using at least reasonable care;
• disclose it only to personnel and contractors who need to know it and are bound by confidentiality obligations; and
• not disclose it to a third party except as permitted by the Agreement.

Confidential Information does not include information that the receiving party can demonstrate:

• is or becomes public without breach of the Agreement;
• was already lawfully known without a confidentiality obligation;
• is received lawfully from a third party without confidentiality restrictions; or
• is independently developed without use of the other party’s Confidential Information.

A party may disclose Confidential Information where legally required, provided it gives advance notice where legally permitted and reasonably assists with efforts to limit the disclosure.

17. Fees and Payment

Customer will pay the fees stated in the applicable Order Form.

Unless an Order Form states otherwise:

• fees are quoted and payable in U.S. dollars;
• subscription fees are billed in advance;
• usage-based and overage fees may be billed in arrears;
• payment obligations are non-cancelable;
• amounts paid are non-refundable except as expressly stated in the Agreement; and
• Customer may not offset amounts owed against another claim.

If an Order Form does not specify a subscription term, the subscription will continue month-to-month until canceled. Cancellation will take effect at the end of the current paid billing period.

Customer must dispute an invoiced amount in good faith within 15 days after the invoice date and must pay all undisputed amounts when due.

Past-due amounts may accrue interest at the lower of 1.5% per month or the highest rate permitted by law. HiTimmy may suspend Services for undisputed amounts that remain unpaid after reasonable notice.

Customer is responsible for applicable sales, use, value-added, telecommunications, and similar taxes, excluding taxes based on HiTimmy’s net income.

18. Free Trials, Pilots, and Beta Features

HiTimmy may offer free, pilot, evaluation, early-access, preview, or beta Services.

These Services may be incomplete, changed, suspended, or discontinued at any time. They may contain errors and may not be appropriate for production use.

Unless an Order Form expressly states otherwise, trial, pilot, and beta Services are provided “as is,” without warranties, service levels, indemnification obligations, or support commitments.

Customer may use beta Services only for evaluation and testing and assumes the risks associated with their use.

19. Term and Renewal

The Agreement begins when Customer first accepts it or begins using the Services and continues until all Order Forms and subscriptions have expired or been terminated.

The subscription term and renewal provisions will be stated in the applicable Order Form.

If an Order Form provides for automatic renewal, either party may prevent renewal by giving the notice specified in the Order Form. If no notice period is specified, notice must be given at least 30 days before the end of the then-current term.

20. Suspension

HiTimmy may suspend some or all of the Services if:

• Customer fails to pay an undisputed amount when due;
• Customer breaches the Agreement;
• Customer’s use creates a security, legal, carrier, abuse, or reputational risk;
• suspension is required by law or a third-party provider;
• Customer’s use threatens the Services or another customer; or
• HiTimmy reasonably suspects fraud or unauthorized activity.

Where practical, HiTimmy will give Customer notice and an opportunity to resolve the issue before suspension.

HiTimmy will limit the suspension to the affected Services where reasonably possible.

21. Termination

Either party may terminate an Order Form for material breach if the other party fails to cure the breach within 30 days after written notice.

HiTimmy may terminate or suspend immediately where:

• a breach cannot reasonably be cured;
• Customer engages in fraud, unlawful communications, or serious abuse;
• continued use creates a material security or legal risk;
• Customer becomes subject to sanctions that prohibit providing the Services; or
• Customer repeatedly violates the Agreement.

Either party may terminate the Agreement if the other party becomes insolvent, makes an assignment for the benefit of creditors, enters liquidation, or becomes subject to a bankruptcy proceeding that is not dismissed within 60 days.

Termination does not relieve Customer of fees accrued before the effective termination date.

If Customer terminates an Order Form because of HiTimmy’s uncured material breach, HiTimmy will refund prepaid fees covering the unused portion of the terminated Services.

If HiTimmy terminates because of Customer’s breach, Customer remains responsible for committed fees to the extent permitted by law.

22. Customer Data Following Termination

Before termination or expiration, Customer should export any Customer Data it wishes to retain.

Upon written request made within 30 days after termination, HiTimmy will provide reasonable assistance with exporting Customer Data in a generally available format, subject to technical feasibility and payment of any agreed professional-service fees.

After the applicable retrieval period, HiTimmy may delete Customer Data in accordance with its retention policies, backups, legal obligations, and applicable Data Processing Addendum.

HiTimmy may retain information where required by law, necessary to establish or defend legal claims, or maintained in secure backups until those backups are deleted in the ordinary course.

23. Limited Warranty

For paid Services, HiTimmy warrants that the Services will perform materially in accordance with the applicable documentation under normal authorized use.

Customer must notify HiTimmy of a claimed breach of this warranty with sufficient detail to reproduce the issue.

HiTimmy’s entire obligation and Customer’s exclusive remedy for breach of this warranty is for HiTimmy to:

1. use commercially reasonable efforts to correct the nonconformity;
2. provide a reasonable workaround; or
3. if neither is commercially reasonable, terminate the affected Service and refund prepaid fees covering the unused portion of the terminated subscription.

This warranty does not apply to issues caused by Customer, third-party services, unauthorized use, modifications not made by HiTimmy, or use contrary to documentation.

24. Disclaimers

Except for the express limited warranty above, and to the maximum extent permitted by law, the Services are provided “as is” and “as available.”

HiTimmy disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranty arising from course of dealing or usage of trade.

HiTimmy does not warrant that:

• the Services will be uninterrupted, error-free, or completely secure;
• every call, message, integration, or workflow will be completed successfully;
• AI-generated Output will be accurate or complete;
• the Services will achieve a particular business, revenue, conversion, or compliance outcome;
• third-party services will remain available; or
• all defects will be corrected.

Customer assumes responsibility for determining whether the Services meet its legal, regulatory, operational, and technical requirements.

25. Indemnification by Customer

Customer will defend, indemnify, and hold harmless HiTimmy, its affiliates, and their officers, directors, employees, and contractors from third-party claims, damages, penalties, judgments, settlements, costs, and reasonable attorneys’ fees arising from or relating to:

• Customer Data;
• Customer’s products, policies, services, offers, or representations;
• Customer’s scripts, campaigns, instructions, or communications;
• Customer’s failure to obtain legally required consent;
• alleged violation of telemarketing, recording, messaging, email, privacy, or insurance laws caused by Customer’s use of the Services;
• Customer’s use of the Services for a regulated or high-impact decision;
• Customer’s breach of Sections 4 through 10; or
• Customer’s infringement or violation of a third party’s rights.

HiTimmy will promptly notify Customer of the claim and provide reasonable cooperation. Customer may control the defense, but may not settle a claim in a manner that admits wrongdoing by HiTimmy, imposes obligations on HiTimmy, or restricts HiTimmy’s business without HiTimmy’s written consent.

26. Intellectual-Property Indemnification by HiTimmy

HiTimmy will defend Customer against a third-party claim alleging that Customer’s authorized use of the paid Services infringes a United States patent, copyright, or trademark, and will pay damages finally awarded or settlement amounts approved by HiTimmy.

This obligation does not apply to claims arising from:

• Customer Data;
• Output;
• Customer’s instructions or specifications;
• modification of the Services by anyone other than HiTimmy;
• combination with products or services not provided by HiTimmy;
• continued use after HiTimmy provides a non-infringing replacement;
• use outside the scope of the Agreement; or
• third-party services or open-source components.

If a claim appears likely, HiTimmy may:

1. obtain the right for Customer to continue using the affected Service;
2. modify or replace it with substantially equivalent functionality; or
3. terminate the affected Service and refund prepaid fees for the unused portion of the subscription.

This section states HiTimmy’s entire obligation and Customer’s exclusive remedy for intellectual-property infringement claims.

27. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, goodwill, business opportunity, anticipated savings, or data, even if advised that such damages were possible.

To the maximum extent permitted by law, each party’s total aggregate liability arising out of or relating to the Agreement will not exceed the fees paid or payable by Customer for the affected Services during the 12 months immediately preceding the event giving rise to the claim.

For free or trial Services, HiTimmy’s total aggregate liability will not exceed one hundred U.S. dollars.

The limitations in this section do not apply to:

• Customer’s payment obligations;
• either party’s fraud or willful misconduct; or
• liability that cannot lawfully be limited or excluded.

The limitations apply regardless of the legal theory and collectively to HiTimmy, its affiliates, licensors, and suppliers.

28. Governing Law and Disputes

Before filing a formal claim, a party must provide written notice describing the dispute and allow the other party 30 days to attempt to resolve it informally.

The Agreement is governed by the laws of the State of California, without regard to conflict-of-laws rules.

Any legal proceeding arising out of or relating to the Agreement must be brought exclusively in the state or federal courts located in [INSERT COUNTY], California, and each party consents to personal jurisdiction and venue in those courts.

To the extent permitted by law, each party knowingly and irrevocably waives any right to a trial by jury in a proceeding arising out of or relating to the Agreement.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

29. Compliance With Laws

Each party will comply with laws applicable to its performance under the Agreement.

Customer may not use or export the Services in violation of United States export-control or sanctions laws.

Customer represents that it and its Authorized Users are not prohibited from receiving the Services under applicable sanctions or restricted-party rules.

HiTimmy may restrict access from jurisdictions where providing the Services would violate law or create unreasonable legal or security risk.

30. Changes to These Terms

HiTimmy may update these Terms from time to time.

For material changes, HiTimmy will provide reasonable notice through the Services, by email, or by posting an updated version with a revised effective date.

Unless a change is required sooner for legal, security, or abuse-prevention reasons, a materially adverse change will apply to an existing paid subscription on the next renewal date.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

31. Notices

Legal notices to HiTimmy must be sent to:

HiTimmy may provide notices to Customer using the email address associated with Customer’s account, through the Services, or through the contact information in an Order Form.

Email notices are considered received on the first business day after sending, unless the sender receives a delivery-failure notice.

32. General Terms

Assignment

Neither party may assign the Agreement without the other party’s written consent, except that either party may assign it without consent to an affiliate or in connection with a merger, reorganization, financing, sale of substantially all assets, or change of control, provided the assignee agrees to be bound by the Agreement.

Independent Contractors

The parties are independent contractors. The Agreement does not create a partnership, joint venture, franchise, agency, fiduciary, or employment relationship.

No Third-Party Beneficiaries

The Agreement does not create rights for any third party.

Force Majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, government actions, epidemics, power failures, or third-party infrastructure outages.

This provision does not excuse Customer’s obligation to pay amounts already due.

Severability

If a provision of the Agreement is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.

Waiver

Failure to enforce a provision is not a waiver of the right to enforce it later.

Entire Agreement

The Agreement is the complete agreement between the parties regarding the Services and replaces prior or contemporaneous discussions, proposals, and agreements regarding the same subject.

Purchase-order terms or other Customer-generated terms do not modify the Agreement unless expressly accepted in writing by an authorized HiTimmy representative.

Electronic Acceptance

Electronic signatures, click-through acceptance, and electronic records have the same effect as original signatures and paper records.

Survival

Provisions that by their nature should survive termination will survive, including provisions concerning payment, intellectual property, Customer Data, confidentiality, disclaimers, indemnification, limitations of liability, disputes, and general terms.

33. Contact Us

Questions about these Terms may be directed to: