Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legal agreement between you and Must Haves, Inc. ("MustHavesAI," "we," "us," or "our"), an Indiana corporation located at 701 N. Indiana Ave, Crown Point, IN 46307. By accessing our website at musthavesai.com or using our services, you agree to be bound by these Terms and our Privacy Policy.

If you are using our services on behalf of a business, you represent that you have the authority to bind that business to these Terms. If you do not agree to these Terms, do not use our services.

2. Description of Services

MustHavesAI provides managed AI powered business infrastructure for local service businesses. Our services include, but are not limited to:

• Professional website design, hosting, and maintenance
• Lead capture forms and contact management dashboards
• Missed call text back and automated SMS follow ups
• Review request automation
• AI powered call answering and virtual receptionist
• Appointment scheduling and calendar integration
• Lead qualification and pipeline tracking
• Email nurture sequences and marketing automation
• Payment processing and invoicing through Stripe Connect
• QuickBooks Online integration for accounting sync
• Analytics dashboards and reporting

Services are delivered on a tiered basis. The specific features available to you depend on your selected plan. We reserve the right to modify, add, or discontinue features with 30 days notice.

3. Account Registration and Responsibilities

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activities that occur under your account.
• You must be at least 18 years old to use our services.
• One account per business entity unless otherwise authorized in writing.
• You must notify us immediately of any unauthorized use of your account.
• You agree to provide timely access to existing accounts, credentials, and platforms as needed for setup and service delivery.
• You agree to respond to our requests for information, approvals, or feedback within 5 business days. Delays in your response may delay project timelines.

4. Acceptable Use

You agree NOT to use our services to:

• Send spam, unsolicited bulk messages, or violate anti spam laws (CAN SPAM, TCPA, or state equivalents).
• Send text messages to individuals who have not provided appropriate consent.
• Engage in any illegal activity or violate any federal, state, or local laws.
• Host, distribute, or promote illegal content under federal or Indiana state law.
• Distribute malware, phishing content, or other harmful software.
• Attempt to reverse engineer, decompile, or disassemble our software or systems.
• Access other users' accounts or data without authorization.
• Resell, sublicense, or redistribute our services without written permission.
• Use our services in a way that could damage, disable, or impair our infrastructure.
• Misrepresent your identity or business in communications sent through our platform.
• Infringe on the intellectual property rights of any third party.

We reserve the right to suspend or terminate your account immediately if you violate this section, without liability for any resulting downtime or data loss.

5. Payment Terms

Pricing

Our services are offered in three tiers:

• Starter: $99/month.
• Lead Protection: $297/month.
• AI Receptionist: $497/month.

Exact pricing is confirmed during onboarding and documented in your service agreement.

Billing

• Monthly fees are billed on the 1st of each month and due within 15 days (net 15).
• Payments are processed securely through Stripe.
• Subscriptions auto renew monthly unless canceled before the renewal date.
• We may require a card on file for automatic billing.

Late Payment

Invoices unpaid after 15 days are considered past due. We reserve the right to suspend services after 30 days of non payment, with 7 days written notice before suspension. A late fee of $25 or 1.5% of the outstanding balance (whichever is greater) may be applied to past due invoices.

Refunds

• Monthly fees are non refundable. If you cancel mid month, service continues through the end of the current billing period.
• If you believe you have been billed incorrectly, contact us within 30 days of the charge.

Price Changes

We may adjust pricing with at least 30 days written notice before the next billing cycle. If you do not agree to the new pricing, you may cancel without penalty.

6. SMS and Communication Consent

By using our platform to send automated communications, you agree to the following:

• TCPA Compliance: You are responsible for obtaining proper consent before sending automated texts or calls through our platform. Marketing messages require prior express written consent (PEWC). Informational messages require prior express consent (PEC).
• CAN SPAM Compliance: Marketing emails sent through our platform must comply with CAN SPAM requirements, including unsubscribe mechanisms and accurate sender identification.
• State Laws: You must comply with state specific communication regulations, including but not limited to the Florida Telephone Solicitation Act (FTSA) and similar state laws.
• Opt Out Handling: Our platform provides automatic opt out handling. When a recipient replies STOP, they are automatically suppressed from future messages. You must not circumvent or override opt out requests.
• Consent Records: You are responsible for maintaining records of consent for your contacts. We provide tools to help you document consent, but the obligation is yours.
• Contact Import: When importing existing customer lists, you certify that all contacts have provided appropriate consent for the types of messages you intend to send.

We provide opt out handling and compliance tools in our platform, but you are ultimately responsible for compliance with all applicable communication laws.

7. Third Party Integrations

• Some services require connections to third party platforms (Twilio, Stripe, QuickBooks, Google Calendar, etc.).
• You authorize us to access and configure connected accounts as needed to install and operate your automations.
• We are not responsible for changes third party providers make to their platforms that may affect our services.
• Your use of third party platforms is subject to their own terms of service and privacy policies.
• If you disconnect a third party integration, related features may stop functioning.

8. Intellectual Property

Our Property: All automation blueprints, module configurations, custom workflows, proprietary tools, code frameworks, templates, and systems created by MustHavesAI remain our intellectual property. You are granted a non exclusive, non transferable license to use them for your business while your subscription is active.

Your Property: Your business data, contact lists, customer information, content, images, logos, and materials you provide remain your property at all times. Custom design work and website layouts created specifically for your business are owned by you upon full payment of all associated fees. Underlying reusable code components remain our property.

Domain Ownership: If we register a domain on your behalf, it is registered in your name and you retain full ownership. Upon termination, we will transfer full domain control to you within the 30 day notice period.

9. Data Ownership

All business data, customer information, leads, contact lists, and other materials collected on your behalf are and remain your property. Upon request, we will export and deliver your data in a standard format (CSV or JSON) within 10 business days. One data export per quarter is included at no charge.

Our handling of personal information is governed by our Privacy Policy.

10. Limitation of Liability

To the maximum extent permitted by law, Must Haves, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or revenue, arising out of or related to your use of our services, regardless of whether we were advised of the possibility of such damages.

Our total liability for any claim arising from these Terms or our services shall not exceed the total fees paid by you to us in the 3 months immediately preceding the event giving rise to the claim.

We do not guarantee specific business outcomes, including but not limited to increases in leads, revenue, traffic, or search engine rankings. Our services are tools to support your business; results depend on many factors outside our control.

We are not liable for failures, outages, or data breaches caused by third party platforms used to deliver the services (such as hosting providers, communication APIs, or payment processors).

11. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not guarantee that our services will be uninterrupted, error free, or that results obtained will be accurate or reliable.

We target 99.9% uptime for hosted websites and services, measured monthly. This is a performance target, not a guaranteed service level agreement. Uptime targets do not apply to outages caused by third party services, force majeure events, your actions, or scheduled maintenance.

12. Indemnification

You agree to indemnify and hold harmless Must Haves, Inc. and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of our services.
• Your violation of these Terms.
• Your violation of any law or third party rights.
• Content or materials you provide that infringe on third party rights.
• Automated communications sent through the platform without proper consent.

We agree to indemnify and hold you harmless from any claims arising from our gross negligence or willful misconduct in performing the services.

13. Termination

• By You: You may cancel your subscription at any time by providing 30 days written notice (email is sufficient). Services continue through the end of the 30 day notice period.
• By Us: We may terminate your account with 30 days written notice for any reason, or immediately if you violate the Acceptable Use policy or if payment remains outstanding for more than 60 days.
• No Early Termination Fees: There are no cancellation penalties or exit fees of any kind.
• After Termination: Your access to the platform will be revoked and automation modules will be deactivated. Your data will be available for export for 30 days. Any outstanding invoices remain due and payable. We will assist with reasonable transition needs (such as DNS transfer) during the notice period at no additional charge.

14. Confidentiality

Each party may receive confidential information from the other during the course of this agreement. Each party agrees to keep the other's confidential information strictly confidential, use it only for purposes related to the services, and not disclose it to third parties without prior written consent, except as required by law or as necessary to perform the services. Confidentiality obligations survive termination for a period of 2 years.

15. Dispute Resolution

• Good Faith Negotiation: The parties agree to attempt to resolve any dispute through good faith negotiation for 30 days before pursuing any formal action.
• Mediation: If negotiation fails, the parties agree to submit the dispute to non binding mediation before a mutually agreed upon mediator, with costs shared equally.
• Jurisdiction: Any legal action arising from these Terms shall be filed in the state or federal courts located in Lake County, Indiana.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles.

17. Force Majeure

Neither party shall be liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, pandemics, government actions, internet outages, or third party service failures.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

19. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or prominent notice on our website at least 30 days before taking effect. Continued use of our services after changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may cancel your account without penalty.

20. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreement or service order, constitute the entire agreement between you and Must Haves, Inc. regarding the use of our services and supersede all prior agreements, discussions, or understandings.

21. Contact Us

If you have questions about these Terms, contact us at: