Terms of Service

Last Updated: October 29, 2025

This is a IMPORTANT NOTICE — ARBITRATION & CLASS ACTION WAIVER

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. BY COMPLETING REGISTRATION, CREATING AN ACCOUNT, OR ACCESSING OR USING ANY PART OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT AND WARRANT THAT:

• YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”).

• YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HONEYTREE TECHNOLOGIES, LLC (“HONEYTREE,” “WE,” “US”).

• THE INFORMATION YOU PROVIDE DURING REGISTRATION IS TRUE, ACCURATE, AND COMPLETE.

• YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY NAMED AS THE USER AND TO BIND THAT ENTITY.

CERTAIN COMPONENTS ACCESSED THROUGH THE PLATFORM MAY BE SUBJECT TO OPEN-SOURCE OR FREE-SOFTWARE LICENSES. THOSE COMPONENTS ARE GOVERNED BY THEIR OWN LICENSE TERMS, NOT THESE TERMS.

ONCE ACCEPTED, THESE TERMS—TOGETHER WITH OUR PRIVACY POLICY, ANY DATA PROCESSING ADDENDUM, AND ANY AFFILIATE OR PARTNER AGREEMENT (IF APPLICABLE) (COLLECTIVELY, THE “TERMS”)—FORM A BINDING LEGAL AGREEMENT BETWEEN YOU (OR THE ENTITY YOU REPRESENT) AND HONEYTREE (INCLUDING OUR OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS) AND GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND RELATED INTERACTIONS WITH HONEYTREE.

Honeytree may update these Terms at any time. Changes are effective when posted. Your continued use of the Platform following any update constitutes acceptance of the revised Terms.

Honeytree provides the Platform for business use without any promise of exclusivity. Honeytree is not a party to your relationships with your customers; you are solely responsible for your customer interactions and must maintain your own terms of service and privacy policy for those relationships.

You should consult your attorney to ensure your use of the Platform complies with these Terms and applicable law.

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1. USE OF PLATFORM

1.1 Eligibility & Restrictions

• You must be at least 18 years old to use the Platform.

• You may not access the Platform for competitive analysis, benchmarking, reverse engineering, or if you are an employee/agent of a direct competitor seeking access for competitive purposes.

1.2 Account Ownership

• You must provide complete, current, and accurate information during registration.

• The account owner is the individual accepting these Terms unless acting for a business entity, in which case the entity is the owner.

• In ownership disputes, Honeytree may suspend the account until the parties resolve ownership or a court order identifies the owner.

1.3 Intended Use & Representations

You and your authorized users agree to:

• Use the Platform only for lawful purposes.

• Maintain all required licenses, permissions, and consents.

• Be fully responsible for actions of your team and customers using the Platform.

• Not misrepresent the Platform or Services.

• Ensure staff are bound by obligations no less protective than these Terms; require your customers to accept terms at least as restrictive as these Terms.

• Own or control rights to all content you supply.

• Cooperate with lawful information requests from regulators or telecom providers.

• Not grant access to direct competitors.

• Not reverse engineer, decompile, disassemble, or attempt to derive source code.

• Not create derivative works except as expressly permitted.

• Not remove proprietary notices or labels.

1.4 Compliance

• You are solely responsible for compliance with all laws and regulations applicable to your business and Platform use (including privacy, marketing, accessibility, and sector-specific rules).

• Honeytree does not represent that your use of the Platform meets any legal or regulatory framework (e.g., HIPAA) unless you have purchased and properly configured the HIPAA Compliance Upgrade. Even with this upgrade, you remain solely responsible for maintaining compliance with all applicable laws.

1.5 Privacy

• By using the Platform and providing information, you consent to Honeytree’s handling of data per our Privacy Policy.

• You must implement and enforce your own terms and privacy policy with your customers and obtain all necessary notices and consents to permit Honeytree to process data as described in these Terms and our Privacy Policy.

1.6 Credentials & Security

• You are responsible for safeguarding logins and for all activity under your account.

• Notify Honeytree promptly of any unauthorized access or security breach.

• Honeytree may access your account for support, security, or enforcement and may disable credentials if we believe these Terms are violated.

1.7 Communication Services

• If you use communications features (e.g., SMS/MMS, email, voice), you are exclusively responsible for message content, timing, sending, opt-in/opt-out, and compliance with laws such as TCPA, Do Not Call, and CAN-SPAM.

• Honeytree is a technology provider only and does not originate or send messages on your behalf.

1.8 Third-Party Services

• You may enable third-party integrations at your discretion.

• You authorize Honeytree to share data as necessary to facilitate integrations.

• Third-party tools are governed by their own terms; Honeytree disclaims responsibility for third-party acts/omissions or outages.

1.9 Third-Party Content

• Any third-party content accessible through the Platform is used at your own risk. Honeytree does not endorse or control such content.

1.10 Excessive Use; Trials

• If your usage is excessive or degrades performance, Honeytree may require you to upgrade tiers, throttle/suspend usage, or terminate access.

• Trial abuse (e.g., back-to-back trials to avoid fees) may result in suspension/termination.

1.11 Platform Updates

• Honeytree may update or modify the Platform at any time, with or without notice.

• Your purchase or subscription is not contingent on delivery of future features.

1.12 International Use & Export

• You are responsible for compliance with local laws and export controls.

• You may not use the Platform in embargoed/sanctioned jurisdictions or if you are on restricted-party lists.

1.13 Domains (If Applicable)

• If Honeytree purchases a domain for you, Honeytree may be listed as registrant.

• Upon written request, and subject to fees and your account being in good standing, Honeytree will transfer the domain.

1.14 Sub-Account Transfers (If Applicable)

• Honeytree will not transfer sub-accounts without your in-app approval, except in limited cases (e.g., prolonged nonresponse and canceled/suspended main account).

1.15 Certification/Badges (If Applicable)

• Certification badges relate only to the individual certified, are not endorsements, and must not be misrepresented.

1.16 E-commerce via the Platform

• You are the seller of record for goods/services sold via your properties.

• Publish contact info, refund policy, and fulfillment timelines and comply with all laws.

• Honeytree is not a marketplace and does not provide refunds to your customers.

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2. PAYMENTS

2.1 Fees & Auto-Renewal

• Keep accurate billing details on file and authorize Honeytree to charge due fees (subscriptions, usage-based charges, add-ons, communication surcharges).

• Subscriptions bill in advance (monthly/annually per plan). Usage charges bill in arrears.

2.2 Late Payments & Payment Disputes

• If your payment method is declined, Honeytree will reattempt charges for 7 business days. If unsuccessful, Honeytree may suspend or cancel your account for non-payment and require alternate payment for overdue fees, including any third-party chargeback fees or penalties.

• Late Payment Fee: In addition to interest, a flat late payment fee may be applied to any invoice that remains unpaid past the due date.

Interest on Past-Due Amounts: Overdue balances accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower. • Interest accrues daily and compounds monthly until paid in full.

• Collections: You are responsible for all reasonable costs of collection, including all court costs, attorneys’ fees, and related expenses.

• Billing Disputes: You must notify Honeytree in writing within thirty (30) days of the invoice date to dispute any charge; otherwise, you waive the dispute. You must pay all invoiced amounts while a dispute is pending. Both parties will act reasonably and in good faith to resolve disputes. Honeytree’s determination of payment obligations is final, subject to the Arbitration section below.

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2.3 Cancellations

• You may cancel through your account portal.

• You remain responsible for fees incurred until cancellation takes effect.

• No refunds for failure to cancel properly.

2.4 Refunds

• All fees are non-refundable once provisioning or work begins.

• Honeytree may, at its sole discretion where permitted by law, issue credits or refunds.

2.5 Taxes

• Fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and government assessments.

• Honeytree may collect and remit where required and may rely on the billing name/address you provide for tax determination.

2.6 Complimentary Monthly Credits and Media Wallet

• Text messages, calls, emails, and AI usage consume monthly credits as outlined in your plan.

• Complimentary credits may be added automatically to your media wallet each month based on your active subscription plan.

• Additional credits are automatically purchased and added to your media wallet as you need them, and the cost is charged to the card on file.

• Complimentary credits do not roll over from month to month.

• Purchased credits never expire.

• All text, email, and calling minute amounts shown are approximations based solely on individual media use.

• Actual usage will vary depending on your combination of texts, emails, calls, and AI usage.

• You are responsible for monitoring your credit balance and usage within your account dashboard.

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3. INTELLECTUAL PROPERTY

3.1 Platform IP

• The Platform and Honeytree-provided materials (configs, automations, templates, designs, documentation) are owned by Honeytree or its licensors.

• Honeytree grants you a revocable, non-exclusive, non-transferable license to use them during an active subscription.

3.2 User Content

• You retain ownership of your content and grant Honeytree a limited license to process it to operate and improve the Services.

• You represent you have all rights and permissions required.

3.3 Prohibited User Content

• You will not upload unlawful, infringing, harmful, or discriminatory content, or attempt to breach security or access unauthorized areas.

3.4 Feedback

• If you provide feedback, you grant Honeytree a perpetual, irrevocable, royalty-free license to use it without restriction.

3.5 Usage Data

• Honeytree may generate and own aggregated/anonymized usage data and may use it to improve the Platform, consistent with the Privacy Policy.

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4. DISCLAIMERS

• THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

• HONEYTREE DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

• WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, COMPATIBILITY WITH ALL INTEGRATIONS, OR ANY PARTICULAR BUSINESS OUTCOME.

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5. LIMITATION OF LIABILITY; INDEMNITY; MITIGATION

• TO THE FULLEST EXTENT PERMITTED BY LAW, HONEYTREE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS/REVENUE/GOODWILL; OR LOSS/CORRUPTION OF DATA.

• HONEYTREE’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE FEES YOU PAID TO HONEYTREE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

• You will defend, indemnify, and hold Honeytree harmless from claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your content or data; (b) your breach of these Terms; (c) your violation of law; (d) your communications or customer dealings; and (e) taxes related to your transactions.

• If the Platform is alleged to infringe IP rights, Honeytree may: (i) procure your continued use; (ii) modify/replace the Platform; or (iii) terminate your access with a pro-rated refund for pre-paid, unused fees.

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6. LIMITATION ON TIME TO FILE CLAIMS

• ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM MUST BE BROUGHT WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE CLAIM, OR IT IS PERMANENTLY BARRED.

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7. INJUNCTIVE RELIEF

• Your breach may cause irreparable harm. Honeytree may seek equitable relief (including injunctions) without posting a bond.

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8. WAIVER & SEVERABILITY

• Failure to enforce any provision is not a waiver.

• If any provision is unenforceable, it will be limited to the minimum extent necessary so the remainder remains in full force.

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9. CHANGE OF CONTROL; ASSIGNMENT

• Honeytree may assign these Terms without notice.

• You may not assign without Honeytree’s prior written consent.

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10. TERM & TERMINATION

• These Terms remain effective while you maintain an account.

• Honeytree may suspend or terminate for breach, non-payment, or risk to system integrity, with or without notice.

• Upon termination, access ceases; data may be deleted after 30 days unless export is requested and the account is current.

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11. DISPUTE RESOLUTION — BINDING ARBITRATION & CLASS ACTION WAIVER

• Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved exclusively by binding arbitration, except claims that may be brought in small-claims court. This arbitration agreement is governed by the Federal Arbitration Act (FAA).

• Rules & Venue: Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will occur in [Palm Beach County, Florida. or virtually (as agreed). Each party bears its own fees and costs unless the arbitrator awards otherwise. The award is final and may be entered in any court of competent jurisdiction.

• Class Action Waiver: All claims must be brought on an individual basis, not as a class, collective, or representative action. If the class waiver is found unenforceable, the arbitration agreement is void.

• 30-Day Opt-Out: You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms. If you opt out, disputes will be resolved exclusively in the courts specified below.

• Informal Resolution First (Recommended): Before filing, the parties will attempt in good faith to resolve disputes informally. Send a written notice of dispute to [email protected] with a description of the issue and requested relief. If not resolved within 30 days, either party may commence arbitration.

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12. GOVERNING LAW & VENUE (SUBJECT TO ARBITRATION ABOVE)

• These Terms are governed by the laws of the State of Florida, excluding conflicts-of-law rules.

• Subject to the arbitration clause, the exclusive venue and jurisdiction are the state and federal courts in Palm Beach County, Florida.

• Only the English version of these Terms is controlling.

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13. MODIFICATIONS TO SERVICES OR TERMS

• Honeytree may enhance, update, or discontinue features at any time.

• Honeytree may modify these Terms; the current version will be posted at your legal URL. Continued use after posting constitutes acceptance.

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14. NOTICES; CONTACT

• Notices to Honeytree: [email protected] (legal) or [email protected] (support).