Effective date: June 27, 2026

These Terms of Service ("Terms") govern your access to and use of the AI receptionist and lead-management services (the "Services") provided by Marck A Valerio d/b/a heylainey ("heylainey," "we," "us"). By signing up, subscribing, or using the Services, you ("Customer," "you") agree to these Terms.

1. The Services

heylainey provides software that answers calls and messages, qualifies and captures leads, books appointments, and automates follow-up on your behalf. We do not guarantee any specific number of leads, bookings, or business results.

2. Eligibility and accounts

You must be a business (or authorized representative) and at least 18. You're responsible for your account, your login security, and all activity under it, and for providing accurate information.

3. Subscriptions, billing, and usage fees

The Services are billed on a recurring monthly basis at the plan price you select (currently Starter $297, Pro $497, Premium $997), charged via our payment processor (Stripe).

Usage-based charges (such as call minutes, text messages, and phone numbers) may be billed in addition to your plan, at the rates shown at sign-up or in your account.

Subscriptions auto-renew each month until cancelled. Prices may change with notice.

Failure to pay may result in suspension or termination of the Services.

4. Cancellation and refunds

You may cancel at any time; cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law or expressly stated in writing.

5. Your responsibilities — messaging consent and compliance (important)

You are solely responsible for ensuring you have all necessary consent to call and text the individuals you contact through the Services, and for complying with all applicable laws, including the TCPA, CAN-SPAM, A2P 10DLC / carrier requirements, and state telemarketing laws. You will: obtain proper opt-in/consent before messaging your contacts; honor opt-out (STOP) and help (HELP) requests; maintain your own privacy policy and required disclosures; and not use the Services for unlawful, deceptive, harassing, or prohibited content (including SHAFT categories). You indemnify us against claims arising from your messaging or your failure to obtain consent.

6. Customer and End User data

You retain ownership of your business data and the data of your end customers. You grant us a license to process that data to provide the Services. You are the controller of your end customers' data; we act as your processor and will handle it consistent with our Privacy Policy.

7. Acceptable use

You will not resell the Services without authorization, reverse engineer them, interfere with their operation, or use them to violate any law or third-party right.

8. Third-party platforms

The Services are delivered using third-party platforms (including our CRM/communications provider, telephony providers, and Stripe). Your use is also subject to their terms, and we are not responsible for their acts or outages.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR ANY BUSINESS RESULTS.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS BEFORE THE CLAIM.

11. Indemnification

You will indemnify and hold us harmless from claims, damages, and expenses arising from your use of the Services, your data, or your violation of these Terms or applicable law (including messaging-consent laws).

12. Termination

We may suspend or terminate the Services for non-payment, breach, or unlawful use. Upon termination, your access ends; we may delete your data after a reasonable period.

13. Governing law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in New York.

14. Changes

We may update these Terms. Continued use after changes means you accept them.

15. Contact

Marck A Valerio d/b/a heylainey · [email protected] · (914) 586-9870 · Port Chester, NY