Terms of Service

These terms apply when you visit our website or use a Hi-Five site (the “Service”), which is operated by Hi5Social.com (“we”, “us”). By creating an account or using the Service you agree to these terms and to our Privacy Policy. If you don't agree, please don't use the Service.

Hi-Five helps a business, school or other organization (a “Business”) welcome people, record visits, offer rewards, share events and send notifications. Each Hi-Five site belongs to a Business, which runs its own rewards, events and messages. We provide the technology.

• Give accurate information and keep it up to date.
• Keep your password private. You are responsible for what happens under your account, so tell us right away if you think someone else has used it.
• You must be at least 13, or have a parent or guardian create and manage the account for you.
• One person per account. Don't check in for someone else unless a team member is helping them.

Please don't:

• break the law, or post anything harassing, hateful, threatening, sexual, misleading or that exposes someone else's private information;
• try to get into accounts, data or systems that aren't yours, or interfere with how the Service works;
• check in falsely to earn rewards, or use bots or scripts;
• send spam, or copy or resell the Service without our written permission.

Rewards, discount codes and birthday treats are offered by the Business. They have no cash value, can't be transferred, and the Business may change or end them. Codes are subject to the Business's own conditions. Event tickets may be sold through a third party's website, which has its own terms, and we are not a party to those sales.

Messages & Shout-Outs are visible to everyone with an account on that Hi-Five site. When you post a reaction or comment you give the Business and us permission to display it as part of the Service. You are responsible for what you post. We and the Business may remove content that breaks these terms, and may suspend accounts that repeatedly do so.

• We ask for your birth date to set up your account and so the Business can send you a birthday greeting.
• Sharing with other members is your choice. It is off unless you turn it on, either when you create your account or later by ticking “Share my birthday” in My profile. You can turn it off at any time, and it takes effect right away.
• If you turn it on, other members of the same Hi-Five site can see your first name, your last initial and the day and month of your birthday (never the year or your age) when it is coming up in the next two weeks. They can send you a ready-made birthday wish, which you receive as a notification and an email. We don't let members send you messages they have written themselves.
• Whether or not you share, the Business's team members see customers' first names and birthdays (day and month only) so they can welcome you and send wishes. The Business's admins can also see the details on your account. See our Privacy Policy for what each person can see.
• If your Business lets you add your children as students, you give us their name, birth date and instructor, and you decide whether their birthday is shared. You can edit or remove a student at any time.
• Each person can send you one wish a year. Please be kind: we may remove wishes or suspend accounts that are used to bother others.

If you opt in, the Business may send you promotional texts and emails. You can opt out at any time in your profile, or by replying STOP to a text. Message and data rates may apply. We may still send messages needed to run your account, such as password resets.

• Fees are the setup fee and monthly fee shown on our Pricing page or agreed with you in writing. Monthly fees are charged in advance. You can cancel at any time by giving us 30 days' written notice (an email to the address below is fine), and you remain responsible for fees until that notice period ends. During the 7-day free trial you can cancel at any time with no notice period.
• The one-time setup fee is non-refundable. If you pay for a year up front and then cancel, we refund the remaining months of that year, counted from the end of your notice period. The refund is calculated from what you actually paid, after the 10% yearly discount, so each remaining month is refunded at a slightly lower amount than the regular monthly price.
• You are responsible for how you use customer information: you must have a lawful reason to collect it, you must only send promotions to people who opted in, and you must follow the laws that apply to texting and emailing (for example, in the US, the TCPA and CAN-SPAM).
• You are responsible for your team's use of the Service and for giving admin access only to people you trust.
• If you serve children, you are responsible for getting parent or guardian consent where the law requires it.
• On request we will export your data. After cancellation we will delete it within a reasonable period.

The Service, including its design, software and the Hi-Five name, belongs to us or our licensors. You may use it as these terms allow, and nothing here transfers ownership. A Business keeps ownership of its own customer data.

The Service relies on other companies for hosting, email and text delivery. We aren't responsible for outages or problems caused by them, though we will work to fix issues that we can.

The Service can stop working unexpectedly, for example because of severe weather, a power or internet outage, or a technical problem, including problems with our hosting or other providers. If that happens, we will do our best to restore the Service as soon as possible. We are not responsible for any lost business, sales or profits caused by an interruption. If we are unable to restore the Service for any reason, we will refund the plan fees you paid for the remaining months, calculated from the amount you actually paid.

The Service is provided “as is” and “as available”. We do not promise that it will be uninterrupted or error-free, or that messages will always be delivered on time. Some places don't allow these limits, so they may not apply to you.

To the extent the law allows, we are not liable for indirect or consequential losses, such as lost profits or lost data. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim, or $100 if you have not paid us anything.

You can stop using the Service and ask to delete your account at any time. We or the Business may suspend or end your access if you break these terms or put others at risk. Sections that by their nature should continue (such as 6, 10, 13, 14 and 16) will continue after your account ends.

These terms are governed by the laws of Washington State, without regard to its conflict-of-law rules. Any dispute will be handled in the courts there, unless the law where you live gives you the right to go elsewhere.

If we or you start a court case over these terms or the Service, the side that wins (the “prevailing party”) may recover its reasonable attorney fees and court costs from the other side, to the extent the law allows.

We may update these terms. When we do, we will change the date at the top, and where a change is important we will tell you. If you keep using the Service after a change takes effect, you accept the new terms.

Hi5Social.com
support@hi5social.com

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