Terms of Service

These Terms of Service ("Terms") govern your access to and use of the YetiConnect website, software, and services (the "Service") provided by Yeti Text, Inc. ("YetiConnect," "we," "us," or "our"). By accessing or using the Service, you ("Customer," "you," or "your") agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

Yeti Text, Inc. is a Utah corporation. The Service includes the YetiConnect platform (the "Yeti Sales" tiers) and the YetiText product, each as further described on our website and in your applicable order form.

1. Acceptance of Terms

By creating an account, signing an order form, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

If you sign an order form, statement of work, or other written agreement with us that references these Terms, the version of these Terms in effect on the date you sign that document will govern your subscription for the duration of the term stated in the order form, regardless of any later changes we make to the publicly posted Terms, unless you and we agree in writing to incorporate a later version.

2. Service Description

YetiConnect provides cloud-based SMS, MMS, voice calling, and AI-assisted communication services that integrate with HubSpot CRM and other third-party platforms. The Service is delivered in tiered subscription plans, including:

• YetiText. A texting-only license for users who need two-way SMS and MMS within HubSpot.
• Yeti Sales. A combined texting and voice license available in Starter, Professional, and AI tiers, with feature differences described on our pricing pages and in your order form.
• Marketing credits. A separate, usage-based pool of credits for high-volume automated and broadcast messaging. Marketing credits are billed independently of license fair use.

Features, integrations, throughput limits, and AI capabilities may vary by tier and may change. Material changes that reduce key functionality during your then-current term will be communicated to you in advance.

3. Account Responsibilities

When you create or maintain an account, you agree to:

• Provide accurate, current, and complete registration information, and keep it updated.
• Maintain the security and confidentiality of your login credentials.
• Promptly notify us of any unauthorized access or suspected compromise of your account.
• Accept responsibility for all activity that occurs under your account, whether by you, your employees, contractors, or any other authorized user.

You are solely responsible for ensuring that all users in your organization comply with these Terms and with all laws and regulations that apply to your use of the Service, including the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, Canada's Anti-Spam Legislation (CASL) where applicable, and 10DLC and toll-free verification requirements.

4. Acceptable Use

You agree not to use the Service to:

• Send unsolicited messages, including SMS, MMS, voice calls, or voicemail drops, without proper recipient consent.
• Violate any local, state, national, or international law, regulation, or industry code of conduct.
• Transmit harmful, abusive, threatening, defamatory, harassing, or otherwise objectionable content.
• Engage in spam, phishing, smishing, vishing, or any deceptive or fraudulent practice.
• Send communications that could endanger public safety, promote violence, or facilitate illegal activity.
• Bypass, disable, or interfere with security, rate-limiting, or compliance features of the Service.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, or build a competing product using the Service.
• Resell, sublicense, or redistribute the Service without our prior written consent.
• Harvest phone numbers, contact data, or other personal information from the Service.
• Use the Service to send messages on behalf of, or purporting to originate from, YetiConnect.
• Forward calls or messages to a private branch exchange or third-party trunk in a way that obscures the original sender or violates carrier rules.

We may suspend or terminate your access to the Service immediately if we determine, in our reasonable discretion, that your use violates these Terms or poses a risk to other customers, our infrastructure, or our carrier relationships.

5. Fair Use Policy

Each user license includes a per-month allowance for manually sent messages and voice minutes. "Manually sent" means messages and calls initiated by an individual user from a contact record, the dialer, or the inbox, in real time. Manually sent volume is separate from marketing credits, which govern automated and broadcast messaging and are sold separately.

Manual message counts include both inbound and outbound messages. One MMS counts as one manual message regardless of media size. Voice minutes are total connected talk time per user.

If a user exceeds the fair use allowance for two consecutive billing periods, we may, in this order:

• Notify the account administrator and request an explanation of the use pattern.
• Apply throughput controls to that user.
• Require the customer to upgrade to a higher tier or purchase a usage-based add-on at then-current rates.
• Suspend the affected license until the matter is resolved.
• Terminate the affected license or the account if the use is inconsistent with these Terms.

Fair use is intended to prevent the use of a single license as a substitute for our marketing credit product or for bulk messaging. It is not intended to penalize legitimate, high-activity human users.

6. Carrier Compliance, 10DLC, Toll-Free Verification, and Emergency Services

The Service uses our carrier and other regulated telecommunications partners to deliver SMS, MMS, and voice traffic. You are responsible for complying with all applicable carrier requirements, including:

• Registering each brand and campaign for 10DLC where you send Application-to-Person SMS to United States destinations, and providing accurate brand, EIN, and use-case information.
• Submitting toll-free verification forms with truthful and complete information for any toll-free number you use to send messages, including in Canada.
• Obtaining and documenting prior express written consent from each recipient before sending marketing messages, and prior express consent before sending non-marketing messages.
• Including required disclosures in your opt-in flow, including message frequency, message and data rates language, HELP and STOP instructions, and a link to a publicly accessible privacy policy that explicitly addresses SMS opt-in data and confirms that mobile information is not shared with third parties for their own marketing purposes.
• Honoring opt-out requests promptly, including STOP, UNSUBSCRIBE, and equivalent keywords, and maintaining records of consent and opt-out events.
• Promptly providing us with information we need to respond to carrier inquiries, audits, or violations affecting your traffic.

If our carrier or any regulator suspends, throttles, or fines us as a result of your traffic, you are responsible for the resulting fees, fines, and remediation costs, and we may suspend the affected numbers, brands, or your account until the issue is resolved. We may decline to send, or may stop sending, any traffic that we believe is non-compliant.

6.1 Emergency Services and 911

Voice service provided through YetiConnect is delivered over internet-based telephony and may not function in the same manner as traditional 911 or E911 service. Calls to emergency services may not connect, may be disconnected, or may not transmit your location accurately, particularly during a power outage, internet outage, network congestion, or service disruption. The Service is not a substitute for traditional wireline phone service for emergency calling.

You are solely responsible for:

• Providing accurate, current, and complete Registered Emergency Address information for each phone number that may be used to place outbound calls, and updating that information whenever a user's physical location changes.
• Notifying every individual who may use the Service of the limitations of internet-based emergency calling, including the limitations described in this Section, before they place any call through the Service.
• Complying with all applicable emergency-calling laws and regulations, including Kari's Law (direct 911 dialing without a prefix on multi-line telephone systems) and RAY BAUM's Act Section 506 (transmission of dispatchable location information to emergency dispatchers).
• Maintaining an alternate means of contacting emergency services in the event the Service is unavailable.

Emergency calling availability and behavior in jurisdictions outside the United States and Canada may be further limited or unavailable. We do not guarantee that emergency calls placed through the Service will be successfully delivered or that emergency dispatchers will be able to determine the caller's location. We are not liable for any damage, loss, or injury resulting from your or any user's failure to maintain accurate Registered Emergency Address information, failure to notify users of these limitations, or inability to reach emergency services through the Service.

7. HIPAA and Sensitive Data

YetiConnect is not a HIPAA-covered entity and is not a "Business Associate" as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). We do not offer or sign Business Associate Agreements.

You are solely responsible for compliance with HIPAA, the HITECH Act, the Personal Information Protection and Electronic Documents Act (PIPEDA), and any other law that governs health-related information. You agree not to use the Service to transmit, store, or process Protected Health Information ("PHI") or any other sensitive personal information in a manner that requires a Business Associate Agreement, a Data Processing Agreement beyond the one we publish, or any other regulated data-handling commitment we have not separately agreed to in writing.

If you choose to send any health-related, financial, or other sensitive information through the Service, you do so at your own risk and with your own legal cover. We make no representation that the Service is suitable for use with such information.

8. Billing, Auto-Renewal, and Payments

YetiConnect is sold on a subscription basis. By selecting a paid plan or signing an order form, you agree to:

• Pay all fees associated with your selected plan on the billing frequency stated in your order form, or, if no order form, monthly in advance.
• Provide and maintain a valid payment method.
• Authorize us to charge your payment method on a recurring basis until you cancel in accordance with these Terms.

Auto-renewal. Unless your order form states otherwise, your subscription renews automatically at the end of each term for an additional 12-month renewal term at our then-current pricing. To prevent renewal, you must give written notice of non-renewal at least thirty (30) days before the end of the current term.

Price changes. We may revise our standard pricing for the next renewal term by giving you written notice at least thirty (30) days before the renewal date. If you continue to use the Service into the renewal term, the new pricing applies. Pricing locked in a signed order form will not change during the term of that order form.

Usage charges. Marketing credits, overage usage, and other usage-based charges are billed monthly in arrears based on actual consumption. Manual message and voice minute fair use under Section 5 is included in your license fees and is not billed as overage.

Late payment. Fees that are not the subject of a good-faith dispute and that remain unpaid more than thirty (30) days after the invoice date may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. We may suspend access to the Service if any undisputed amount is more than thirty (30) days past due.

Refunds. Fees are non-refundable except where required by law or where we expressly agree in writing.

Taxes. Fees are exclusive of all applicable taxes, surcharges, and regulatory assessments, which we will charge in addition to the listed fees where required.

9. Intellectual Property

The Service, including all software, content, features, design, look and feel, and underlying technology, is owned by Yeti Text, Inc. and its licensors. All rights not expressly granted to you in these Terms are reserved. Our names, logos, and other marks may not be used without our prior written consent, except as expressly permitted in Section 15.

You retain all rights in the data and content you submit to the Service ("Customer Data"). You grant us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and process Customer Data solely as needed to provide, secure, and improve the Service for you. We do not claim ownership of Customer Data.

10. Customer Data, Privacy, and AI

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

No training of foundation models. We will not use Customer Data, including call recordings, transcripts, message content, or contact data, to train, retrain, or improve foundation artificial intelligence models, whether our own or those of any third party.

Service improvement. We may use anonymized and aggregated usage data, which does not identify you or any individual, to monitor, secure, and improve the Service.

AI features. Where the Service includes AI-assisted features (for example, AI dialing, call coaching, transcription, or summarization), we use Customer Data only to deliver the requested output to you. AI output is generated dynamically and may contain errors. You are responsible for reviewing AI output before relying on it.

Data export and deletion on termination. Following termination of your subscription, we will make Customer Data available for export for thirty (30) days. After that period, we may delete Customer Data from active systems in accordance with our standard retention practices. Some data may persist in encrypted backups for a limited additional period before being overwritten in the normal course of operations.

11. Confidentiality

Each party may receive non-public information from the other in connection with the Service ("Confidential Information"). Each party agrees to use the other's Confidential Information only to perform its obligations under these Terms and to protect it with at least the same degree of care it uses for its own information of similar sensitivity, and in no event with less than reasonable care. Confidential Information does not include information that is publicly known, independently developed, or rightfully received from a third party without confidentiality obligations. Either party may disclose Confidential Information when required by law, after, where lawful, giving the other party notice and a reasonable opportunity to object.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business opportunity, goodwill, or data, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.

Each party's total aggregate liability arising out of or related to these Terms, regardless of the form of action, will not exceed the total amount paid by the customer to YetiConnect under these Terms during the twelve (12) months immediately preceding the event giving rise to the claim.

The foregoing limitations do not apply to liability for: (a) breach of confidentiality obligations under Section 11, (b) a party's indemnification obligations, (c) a party's gross negligence, fraud, or willful misconduct, or (d) liability that cannot be limited under applicable law.

13. Disclaimer of Warranties

Except as expressly stated in these Terms, the Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, YetiConnect disclaims all warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or course of performance. We do not warrant that the Service will be uninterrupted, error-free, or that all messages or calls will be delivered, given the dependence of the Service on third-party carriers, networks, and customer-supplied data.

14. Term, Renewal, and Termination

Term. These Terms remain in effect for as long as you use the Service or have an active subscription, whichever is longer.

Subscription term. Unless your order form states otherwise, the initial subscription term is twelve (12) months from the activation date, renewing as described in Section 8.

Termination by you. You may terminate your subscription effective at the end of your then-current term by giving us written notice at least thirty (30) days before the renewal date. You may also cancel any month-to-month plan effective at the end of the then-current monthly billing cycle. Cancellation does not entitle you to a refund of fees already paid.

Termination by us. We may terminate your account or these Terms immediately if you materially breach these Terms and fail to cure the breach within thirty (30) days of written notice, except that we may terminate immediately without a cure period for breaches of Sections 4 (Acceptable Use), 5 (Fair Use Policy), 6 (Carrier Compliance), or 11 (Confidentiality), for non-payment of undisputed fees more than thirty (30) days past due, or for activity that creates a risk to our carrier, our infrastructure, or other customers.

Effect of termination. Upon termination your right to access the Service ends. Sections that by their nature should survive termination, including 9, 10, 11, 12, 13, 16, and 19, will survive.

15. Marketing Rights

You agree that we may identify you as a YetiConnect customer and use your name and logo for marketing and promotional purposes, including on our website, in customer lists, in case studies, and in sales materials. You may opt out of this use at any time by sending written notice to legal@yeticonnect.com, in which case we will remove your name and logo from new materials within a reasonable period after we receive your notice. Existing materials in circulation at the time of opt-out may continue to be used until naturally retired.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved through good-faith discussions between authorized representatives of the parties within thirty (30) days will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware, in English, before a single arbitrator. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or trademarks pending arbitration.

17. Force Majeure

Neither party will be liable for any delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, civil unrest, governmental action, internet or telecommunications failures, carrier outages, or labor disturbances. The affected party will use reasonable efforts to resume performance as soon as practicable.

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date at the top. Material changes will be communicated to active customers by email to the address on file or by in-product notice at least thirty (30) days before they take effect.

If you have a current signed order form, the version of these Terms in effect on the signing date of that order form continues to govern your subscription for its term, as described in Section 1, regardless of later changes posted on this page, unless you and we agree in writing otherwise.

19. Notices

Notices to YetiConnect under these Terms must be sent by email to legal@yeticonnect.com. We will send notices to the email address on file for the account administrator. Notices are effective on the day sent if sent before 5:00 p.m. Mountain Time on a business day, and on the next business day otherwise.

20. Contact

If you have questions about these Terms or your account, please contact us:

Yeti Text, Inc.

Email: legal@yeticonnect.com

Or visit our Contact page.