Terms of Service

These Terms of Service (the "Terms") are an agreement between you and Brightstack Labs ("Brightstack Labs," "we," "us," or "Holler") covering your use of the Holler applications, websites, and related services (the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms. If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" means that organization and its authorized users.

Eligibility. You must be at least 18 years old and able to form a binding contract to use the Service. The Service is a workplace tool and is not directed to children. If you do not agree to these Terms, do not use the Service.

Holler is software for non-emergency operational alerting at a workplace. A worker can send an alert asking for help, and the people designated as responders are notified by push notification and email. SMS notifications are planned as part of the paid Pro plan and are not active today. The Service tracks who claims and resolves each alert.

You are responsible for keeping your password and account credentials confidential, and for all activity under your account. Tell us promptly at support@hollerhq.com if you suspect any unauthorized use.

Your group may include multiple users. You are responsible for your users' use of the Service and for making sure they follow these Terms.

You agree not to:

• Use the Service for anything illegal, or to harass, harm, or defame anyone.
• Try to get around usage limits, security, or rate limits.
• Reverse engineer, copy, or resell the Service without our written permission.
• Upload malware, scrape the Service with automated tools, or otherwise abuse the infrastructure.
• Submit other people's personal data without the legal right to do so. Employee-monitoring and notice laws vary by state and country, and you are responsible for complying with the ones that apply to you.
• Use the Service for emergency, safety, or life-safety purposes (see Section 3).

You keep ownership of the data you put into Holler: alerts, location names, alert types, custom field values, comments, resolution notes, and profile information ("Customer Content").

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Customer Content only as needed to operate, secure, and improve the Service for you, and to provide support. This license ends when you delete the content or close your account, except for backups kept for a limited time and any de-identified data as described in our Privacy Policy.

We may create and use aggregated, de-identified statistics from usage of the Service (for example, average response time across all customers). This data does not identify you or any individual, and we may use it to run and improve the Service. We do not sell your identifiable data or share it with third parties for their own marketing.

The Service is not authorized for export-controlled technical data. You represent and warrant that no information you submit to the Service is "technical data" or a "defense article" under the U.S. International Traffic in Arms Regulations (ITAR, 22 CFR 120 to 130) or controlled technology under the Export Administration Regulations (EAR, 15 CFR 730 to 774).

Do not enter ITAR-controlled or EAR-controlled part numbers, drawing numbers, technical specifications, program or customer names tied to controlled work, or any other regulated technical data into alerts, custom fields, comments, or any other field.

You are solely responsible for complying with all export control laws that apply to you. If your operations involve ITAR or EAR-controlled activities, you must put your own controls in place (training, data classification, access management) so that controlled data does not enter Holler. The Service stores data with U.S.-based providers and makes no representation that it meets ITAR, EAR, CMMC, FedRAMP, or any similar framework.

Free plan. A free plan is available at no cost, subject to the limits shown on our pricing page.

Paid plans and add-ons. Some features are or will be offered as paid plans or add-ons (for example, a Pro plan). A plan or feature that is free today may move to paid in the future. If a plan or feature you are using becomes paid, or if its price changes, we will give you notice as described in Section 16 before the charge applies, and you can decline by stopping use of that plan or feature or by canceling. Continuing to use a paid plan after a price takes effect means you accept the price. No new signed agreement is required for these changes.

Payment. When paid plans are active, you authorize us and our payment processor to charge your payment method on file for the fees and any applicable taxes. Fees are billed in advance on the cycle shown at purchase. We do not store full card numbers ourselves.

Refunds. Fees are non-refundable except where required by law, and we do not prorate partial billing periods. If the Service fails materially and we cannot fix it in a reasonable time, we will work with you on a fair credit or refund.

Plan changes and cancellation. Upgrades take effect immediately. Downgrades and cancellations take effect at the end of the current billing period. You can cancel anytime from your account settings. Cancellation stops future renewals and does not prorate the current period.

How we handle personal data is described in our Privacy Policy. By using the Service, you agree to that policy.

To the maximum extent permitted by law, the Service is provided "as is" and "as available," with all faults and without warranties of any kind. We disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that any alert or notification will be delivered, delivered on time, seen, or acted upon, or that defects will be corrected. No advice or information you get from us or through the Service creates any warranty not stated here.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the maximum extent permitted by law, our total liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) the fees you paid us in the 12 months immediately before the event giving rise to the claim, or (b) US $100.

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost or corrupted data, business interruption, or the cost of substitute services, even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

What this section does not limit. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. In particular, under California Civil Code section 1668, these limits do not apply to liability for fraud, willful injury to a person or property, or violation of law, whether willful or negligent, and they do not limit liability for gross negligence where such a limit is not permitted.

Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you. The parties agree that these limits reflect a reasonable allocation of risk and are part of the basis of the bargain.

You agree to defend, indemnify, and hold harmless Brightstack Labs and its owners and personnel from any third-party claim, demand, loss, or expense (including reasonable legal fees) arising from (a) your use of the Service in violation of these Terms or applicable law, (b) Customer Content you submit, including any export-controlled, illegal, or otherwise prohibited data, or (c) your infringement or violation of someone else's rights.

Please read this section carefully. It affects your legal rights, including your right to go to court.

Informal resolution first. Before starting an arbitration, you agree to contact us at support@hollerhq.com and give us 30 days to try to resolve the dispute informally.

Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, not in court. The arbitration will be administered by a recognized arbitration provider under its consumer or commercial rules, as applicable, and the Federal Arbitration Act governs the interpretation and enforcement of this section.

Class-action and jury-trial waiver.You and Brightstack Labs each waive the right to a jury trial and the right to bring or take part in a class, collective, or representative action. Disputes will be resolved only on an individual basis. An arbitrator may not consolidate more than one person's claims.

Carve-outs. This section does not apply to (a) claims that qualify for small claims court, which either party may bring there, or (b) requests for an injunction or other equitable relief to stop infringement or misuse of intellectual property, which either party may bring in the courts described in Section 15.

How to opt out. You can opt out of this arbitration and class-waiver section. To opt out, email support@hollerhq.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, and include your name and account email. Opting out of arbitration does not affect any other part of these Terms.

These Terms apply for as long as you use the Service. You can stop and close your account at any time.

We may suspend or terminate your access, with or without notice depending on the severity, if you violate these Terms, if your use creates risk or legal exposure for us or others, or if needed to protect the Service.

No service-level commitment. We do not offer a service-level agreement or uptime guarantee. We may change, suspend, limit, or discontinue the Service or any feature at any time. We will try to give reasonable notice of a material discontinuation when we can.

On termination, we will give you a reasonable window (typically 30 days) to export your data before deletion, except where the law requires otherwise. Sections that by their nature should survive termination will survive, including content license terms for backups and de-identified data, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to the arbitration section above, any dispute that proceeds in court will be brought only in the state or federal courts located in California, and you and we consent to the personal jurisdiction of those courts.

We may update these Terms. If a change is material (anything affecting your rights, obligations, or fees), we will give notice by email to your account address or by an in-product notice at least 30 days before it takes effect, and we will update the "Last updated" date above. Continuing to use the Service after a change takes effect means you accept the updated Terms.

These Terms are the entire agreement between you and us about the Service and replace any earlier agreement on the same subject. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them to a successor in connection with a merger, acquisition, or sale of assets.

General and account questions: support@hollerhq.com

Privacy requests: privacy@hollerhq.com