HELLOMAPPY TERMS OF SERVICE

End User License Agreement & Legal Disclaimer

Effective Date: February 1, 2026

Operated by: Arx Capital LLC d/b/a HelloMappy

State of Formation: North Carolina

1. Acceptance of Terms

By accessing or using HelloMappy’s software platform, dashboards, automation tools, messaging systems, integrations, websites, or related services (“Services”), you (“Customer,” “User,” or “Subscriber”) agree to be legally bound by these Terms.

If you do not agree, you may not use the Services.

These Terms form a binding agreement between you and Arx Capital LLC d/b/a HelloMappy (“Company,” “we,” “us,” or “our”).

2. Description of Services

HelloMappy provides subscription-based reputation management and automation tools, including but not limited to:

  • Automated or templated response tools

  • Social synchronization features

  • Lead response automation (including SMS and call-triggered automation)

  • QR code generation

  • Web chat functionality

  • AI-assisted messaging

  • Reporting dashboards

HelloMappy is not a CRM, marketing agency, or legal/compliance advisory service.

You remain solely responsible for how you use the Services.

3. No Guarantee of Results

You acknowledge:

  • No guarantee of increased reviews

  • No guarantee of improved ratings

  • No guarantee of revenue growth

  • No guarantee of lead conversion

  • No guarantee of platform approval or continued listing

Outcomes depend on factors outside our control.

4. Platform Compliance Responsibility

You are solely responsible for compliance with:

  • Google Business Profile policies

  • FTC regulations

  • CAN-SPAM Act

  • TCPA

  • A2P 10DLC rules

  • State consumer protection laws

  • Data protection laws

HelloMappy does not engage in review gating or suppression.

You agree to indemnify and hold harmless the Company for penalties, fines, suspensions, or bans resulting from your misuse.

5. Automated & AI Content Disclaimer

Certain features may generate automated or AI-assisted responses.

You acknowledge:

  • AI content may contain errors

  • You are responsible for reviewing responses

  • We are not liable for tone, interpretation, or reputational impact

  • AI does not replace legal or professional advice

Automation is enabled at your own risk.

6. Telecommunications & SMS Consent

If using SMS or call-triggered features, you represent that:

  • You have prior express consent

  • You maintain opt-in and opt-out compliance

  • You comply with carrier and A2P 10DLC rules

7. Third-Party Integrations

We integrate with third-party platforms including:

  • Google Business Profile

  • Social media platforms

  • Messaging providers

  • Hosting platforms

We are not responsible for:

  • API changes

  • Policy updates

  • Platform suspensions

  • Data loss caused by third parties

8. Subscription Terms

Billing:

  • Monthly billing in advance

  • All payments non-refundable

  • No prorated refunds

  • Setup fees non-refundable

Renewal:

Subscriptions auto-renew unless canceled before renewal date.

Price Changes:

30 days notice prior to modification.

Failure to Pay:

May result in suspension or termination without notice.

9. No Refund Policy

Due to digital delivery:

  • No refunds

  • No prorated refunds

  • No refunds for dissatisfaction

  • No refunds for lack of results

Chargebacks constitute breach of agreement.

10. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for:

  • Lost profits

  • Lost revenue

  • Reputational harm

  • Platform suspensions

  • Data loss

  • Indirect or consequential damages

Total liability shall not exceed fees paid in the prior three (3) months.

11. Indemnification

You agree to indemnify and defend the Company from:

  • Lost profits

  • Lost revenue

  • Reputational harm

  • Platform suspensions

  • Data loss

  • Indirect or consequential damages

This obligation survives termination.

12. Data Responsibility

You retain ownership of your business data.

You represent that:

  • You have lawful authority to upload data

  • You have proper consent for communications

  • Your data does not violate laws

We are not responsible for data accuracy or backups after termination.

13. No Professional Advice

We do not provide legal, compliance, marketing, or financial advice.

14. Acceptable Use

You may not:

  • Send spam

  • Generate fake reviews

  • Manipulate ratings

  • Engage in fraud

  • Impersonate others

  • Violate consumer protection laws

We may suspend accounts at our discretion.

15. Termination

We may suspend or terminate for:

  • Terms violations

  • Illegal activity

  • Non-payment

  • Abuse

Upon termination:

  • Access revoked

  • No refunds

  • Data retention not guaranteed

16. Intellectual Property

All software, workflows, branding, and logic remain Company property.

You receive a limited, non-transferable, revocable license.

You may not reverse engineer, resell, or clone the system

17. Force Majeure

We are not liable for events beyond our control including outages, regulatory changes, or disasters.

18. Dispute Resolution

Governing Law: North Carolina

Venue: Moore County, North Carolina

All disputes resolved via binding arbitration.

No class actions permitted.

19. Modifications

We may update these Terms at any time. Continued use constitutes acceptance.

20. Disclaimer of Warranties

Services are provided “AS IS” and “AS AVAILABLE.”

All implied warranties are disclaimed

21. Entire Agreement

These Terms constitute the entire agreement between you and the Company.

22. Contact Information

Arx Capital LLC d/b/a HelloMappy

80 Blake Boulevard Unit 3046

Pinehurst, NC 28374

[email protected]

PRIVACY POLICY

Effective Date: February 1, 2026

1. Overview

This Privacy Policy explains how HelloMappy collects, uses, and safeguards information.

2. Information We Collect

Information You Provide

  • Business information

  • Billing details

  • Email and login credentials

  • Uploaded customer contact data

  • Review responses

  • Social API tokens

Automatically Collected

⦁ IP address

⦁ Browser/device data

⦁ Usage logs

⦁ Access timestamps

Communications Data

⦁ SMS metadata

⦁ Call logs

⦁ Web chat transcripts

⦁ AI-generated logs

3. Role of Company

We act as a data processor for Subscriber-uploaded data.

You are the data controller.

4. Use of Information

Used to:

⦁ Provide Services

⦁ Process billing

⦁ Improve functionality

⦁ Enforce Terms

⦁ Comply with law

We do not sell personal information.

5. Data Sharing

Shared only with:

⦁ Payment processors

⦁ Hosting providers

⦁ SMS carriers

⦁ Legal authorities when required

6. Data Retention

Retained during subscription and as legally required.

May be deleted after termination.

7. Security

We implement reasonable safeguards including encryption and access controls.

No system is guaranteed secure.

8. User Obligations

You warrant lawful consent and regulatory compliance.

9. Children

Services not directed to individuals under 18.

10. Policy Updates

Continued use constitutes acceptance of updates.

11. Contact

SMS / TCPA COMPLIANCE ADDENDUM

Subscribers must:

⦁ Obtain prior express consent

⦁ Maintain opt-out mechanisms

⦁ Register A2P 10DLC campaigns

⦁ Honor unsubscribe requests

Subscriber assumes all TCPA liability.

Company is not responsible for messaging violations.

COOKIE POLICY

We use cookies for:

  • Authentication

  • Security

  • Analytics

  • Performance

Users may disable cookies via browser settings.

Some functionality may be impaired.

DATA PROCESSING ADDENDUM (DPA)

Company processes data solely to provide Services.

Data Categories May Include:

  • Names

  • Phone numbers

  • Email addresses

  • Review content

  • Communication logs

Security Measures:

  • Encryption in transit

  • Access control

  • Tenant separation

If Subscriber operates in healthcare or regulated industries:

  • No HIPAA Business Associate relationship unless separate BAA executed

  • Subscriber retains regulatory responsibility

CLICKWRAP ACCEPTANCE RECORD POLICY

System must store:

  • Full name

  • Business name

  • Email

  • IP address

  • Timestamp (UTC)

  • Terms version

  • Checkbox confirmations

  • Device/browser metadata

Retention: minimum 6 years.

Re-acceptance required upon updates.

AI AUTOMATION ACKNOWLEDGMENT TOGGLE

Before enabling automation:

[ ] I understand automated or AI-generated responses may be sent without manual review.

[ ] I accept responsibility for tone, legality, and compliance.

[ ] I understand automation may impact reputation and customer relationships.

System must log:

  • User identity

  • Timestamp

  • IP address