Preamble

For the purposes of this Agreement, “App” refers to sayhi.pro. “Service” refers to the Company’s services accessed via the App, in which users can sign up with their LinkedIn accounts and create AI-generated introductory messages directed at other users. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our App or our Service.

The following Terms and Conditions apply when you view or use the Service.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions in their entirety, you may not access or use the Service.

I. Privacy Policy

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms and Conditions.

II. About the Service

The Service is a browser extension that allows users to sign up with their LinkedIn accounts and generate messages to individuals in their networks via AI. Generating messages is a paid feature but users may start with a certain number of free messages to generate.

III. Eligibility

1. Requirements

The Service is intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.) (b) have not previously been suspended or removed from using the Service (c) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control (d) are not placed on the U.S. Commerce Department’s Denied Persons List and (e) have full power and authority to agree to these Terms.

If you use the Service on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. Restricted Locations

You may not use the Service if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Service would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Service if you are located in, or a citizen or resident of, any other jurisdiction where the Company has determined, at its discretion, to prohibit use of the Service. The Company may implement controls to restrict access to the Service from any jurisdiction prohibited pursuant to this Section. You will comply with this Section, even if the Company’s methods to prevent use of the Service are not effective or can be bypassed.

IV. User Accounts and Security

1. User Account

You may need to register for an account to access some or all of the Service. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You may not allow others to use your account. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

2. Identity Verification

Depending on the functions that you seek to enable on your account and our risk determination, we may, in its discretion, require identity verification and other screening procedures with respect to you or transactions associated with your account. These verification and screening procedures may include, without limitation, checking the information you provide against the Specially Designated Nationals and Blocked Persons list maintained by the U.S. Office of Foreign Assets Control, the U.S. Department of Commerce Denied Persons list, and any similar list issued by any U.S. governmental authority prohibiting or limiting business activities or transactions with any persons. You may be required to provide us with certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, photograph of your government-issued ID or other photographic proof of your identity, and information regarding your bank account. You hereby authorize us, directly or through a third party, to make any inquiries we consider necessary to verify your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth) (b) query account information associated with your linked bank account (e.g., name or account balance) and (c) take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. We will have no liability or responsibility for any permanent or temporary inability to access or use any services as a result of any identity verification or other screening procedures.

V. User Content

The Service allows you and other users to create AI-generated content and use it at any capacity within and outside the App. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

VI. Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Service. You agree that you will not under any circumstances:

• access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
• use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms
• collect or harvest any personal data of any user of the App or the Service
• use the App or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise
• distribute any part or parts of the App or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the App for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis)
• use the Service for any unlawful purpose or for the promotion of illegal activities
• attempt to, or harass, abuse or harm another person or group
• send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes
• use another user’s account without permission
• intentionally allow another user to access your account
• provide false or inaccurate information when registering an account
• interfere or attempt to interfere with the proper functioning of the Service
• make any automated use of the App, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
• bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data
• circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service
• publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer
• reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service or
• attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Service that you are not authorized to access.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent
• would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law
• may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
• contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences
• impersonates, or misrepresents your affiliation with, any person or entity
• contains any unsolicited promotions, political campaigning, advertising or solicitations
• contains any private or personal information of a third party without such third party’s consent
• contains any viruses, corrupted data or other harmful, disruptive or destructive files or content
• in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Service, or may expose the Company or others to any harm or liability of any type or
• enforcement of this Section VI is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section VI does not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

VII. Ownership Limited License

The Service, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by the company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Service are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use the Service for your own personal use. Any use of the Service other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

VII. Personal Information of other parties

Personal Information of other parties (i.e. public LinkedIn profiles) for non-commercial purposes may be collected through the consensual usage of the App. Users assume the responsibility of collecting such information as it pertains to the LinkedIn User Agreement.

VIII. Trademarks

The App and our logos, our product or service names, our slogans and the look and feel of the Service are trademarks of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

IX. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about the Company or the Service (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in the Company’s sole discretion. You understand that the Company may treat Feedback as nonconfidential.

X. Repeat Infringer Policy Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Service infringes any copyright that you own or control, you may notify the Company at support@sayhi.pro. Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Service is infringing, you may be liable to the Company for certain costs and damages.

XI. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Service (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

XII. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Company and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Service (b) your User Content or Feedback (c) your violation of these Terms (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or (e) your conduct in connection with the Service. You agree to promptly notify the Parties of any third-party Claims, cooperate with the Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the the Parties will have control of the defense or settlement, at the Company’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company or the other the Parties.

XIII. Disclaimers

Your use of the Service is at your sole risk. Except as otherwise provided in a writing by us, the Service and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Company does not represent or warrant that the Service is accurate, complete, reliable, current or error-free. While the Company attempts to make your use of the Service and any content therein safe, we cannot and do not represent or warrant that the Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.

XIV. Limitation of Liability

To the fullest extent permitted by applicable law, the Company and the other Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if the Company or the other Parties have been advised of the possibility of such damages.The total liability of the Company and the other Parties for any claim arising out of or relating to these Terms or the Service, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use the Service.The limitations set forth in this Section XIV will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or the other Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

XV. Release

To the fullest extent permitted by applicable law, you release the Company and the other Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

XVI. Transfer and Processing Data

In order for us to provide the Service, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

XVII. Dispute Resolution Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

1. No Representative Actions

You and the Company agree that any dispute arising out of or related to these Terms or the Service is personal to you and the Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

2. Arbitration of Disputes

Except for small claims disputes in which you or the Company seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Service resolved in court. Instead, for any dispute or claim that you have against the Company or relating in any way to the Service, you agree to first contact the Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the Company by email at support@sayhi.pro. The Notice must (a) include your name, residence address, email address, and telephone number (b) describe the nature and basis of the claim and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York or may be conducted telephonically or via video conference for disputes alleging damages less than $100, in accordance with the JAMS Streamlined Arbitration Rules and Procedures(“JAMS Rules”). You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section XVII will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.The arbitrator, the Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of New York and the United States sitting in New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.Any claim arising out of or related to these Terms or the Service must be filed within one year after such claim arose otherwise, the claim is permanently barred, which means that you and the Company will not have the right to assert the claim. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section XVII by emailing us at support@sayhi.pro. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section XVIII.If any portion of this Section XVII is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section XVII or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section XVII and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section XVII is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section XVII will be enforceable.

XVIII. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York, New York.

XIX. Modifying and Terminating the Service

We reserve the right to modify the Service or to suspend or stop providing all or portions of the Service at any time. You also have the right to stop using the Service at any time. We are not responsible for any loss or harm related to your inability to access or use the Service.

XX. Severability

If any part of this Terms and Conditions agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

XXI. Customer User Restrictions

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about the Company or the Service (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in the Company’s sole discretion. You understand that the Company may treat Feedback as nonconfidential.

1. Definitions

The definitions and rules of interpretation in this clause apply in this Agreement and in any other agreement between the parties.

• Customer: you or any person, firm, company or other organization whatsoever to whom the Company has supplied goods or services.
• Customer User: any employee of the Customer authorized by the Customer to access and use the Service (wholly or in part).
• Data: the data or information, in whatever form including images, still and moving, and including financial and market research information, the provision of which comprises the Service (wholly or in part).
• Materials: any documents or software supplied by the Company under these Terms.
• Release: generally available upgrades and enhancements to the Data.
• Software: any software provided by the Company to enable the Services to be used including any Releases.

2. Restrictions

The Customer shall:

• Limit access to the Services to the Customer Users
• Only make copies of the Data and the Materials to the extent reasonably necessary for the following purposes: back-up, mirroring (and similar availability enhancement techniques), security, disaster recovery and testing
• Comply with all applicable law and relevant regulations, and not use the Services for any purpose contrary to any applicable law or relevant regulation, or any regulatory code, guidance or request
• Not extract, reutilize, use, exploit, redistribute, resell, re-disseminate, copy or store the Data or the Materials for any purpose not expressly permitted by these Terms
• Not copy, modify, decompile, reverse engineer or create derivative works from the Software, except to the extent permitted by any applicable law and
• Not do anything which may damage the reputation of the Company, the Data or the Services, including by way of using the Data (wholly or in part) in any manner which is pornographic, racist or that incites religious hatred or violence

XXII. Miscellaneous

These Terms constitute the entire agreement between you and the Company relating to your access to and use of the Services. Notwithstanding any other provisions of these Terms, Sections VI, IX, XII, XIII, XIV, XV, XVII, XVIII, XXI and XXII survive any expiration or termination of these terms. The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. We will have no responsibility or liability for any failure or delay in performance of the Service, or any loss or damage that you may incur, due to any circumstance or event beyond our reasonable control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Service, in whole or in part, without your prior written consent.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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