HigherTools Terms of Service

Last updated: October 14, 2026

These Terms of Service (the "Terms") are an agreement between HigherOps Inc. ("HigherOps", "we", "us") and the organization that creates or uses a HigherTools account ("Customer", "you"). They govern HigherTools at highertools.io and app.highertools.io, and every tool offered through it, including HigherData, HigherCoach and HigherChat (together, the "Services"). The tool terms for each tool and the Acceptable Use Policy form part of these Terms. If a tool term conflicts with these Terms, the tool term governs for that tool.

By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you accept on behalf of an organization, you confirm you have authority to bind it. If you do not agree, do not use the Services.

1. Business use only

The Services are for business use. You confirm you are using them for a business, professional or organizational purpose, and not as a consumer. You must be at least 18 years old to create an account.

2. Accounts and users

2.1 Each account is a workspace with an owner. Owners and admins can invite users, add tools and manage billing. Members have the access their role allows.

2.2 You are responsible for everything done under your account, for the accuracy of your account information, for keeping sign-in methods secure, and for inviting only people you authorize. Tell us promptly at hello@higherops.io if you suspect unauthorized access.

2.3 Plans include unlimited users within your organization. Users must be your employees, contractors or agents acting for you. You may not share an account with another organization.

3. Subscriptions, fees and taxes

3.1 Plans. Paid tools are sold as subscriptions billed in advance, monthly or yearly. The HigherTools bundle is billed yearly. The plan, price and billing period are shown before you complete checkout.

3.2 Automatic renewal. Subscriptions renew automatically for the same period at the then-current price until cancelled. We will tell you before a price change applies to your renewal.

3.3 Cancellation. An owner or admin can cancel through the billing portal linked from the HigherTools billing page. Cancellation takes effect at the end of the current billing period, and you keep access until then.

3.4 Payment. Payments are processed by Stripe. You authorize us and Stripe to charge your payment method for all fees when due. Prices are in US dollars. If a payment fails, we may suspend paid features until it is paid.

3.5 Taxes. Fees exclude taxes. You pay all applicable sales, use, value-added, goods and services and similar taxes, other than taxes on our income. Where we must collect tax, it is added at checkout.

3.6 Seller. HigherOps is the seller of subscriptions and the bundle. One-time credit purchases may be sold through Stripe acting as reseller or merchant of record, in which case Stripe's terms for that purchase also apply.

3.7 Refunds. All fees are non-refundable, including for partial billing periods, unused credit and unused features, except where these Terms say otherwise or the law requires. We may issue a refund or credit at our discretion, and we will correct billing errors we confirm.

3.8 Complimentary access. We may give access to a tool without charge, for example for HigherOps clients. Complimentary access can be changed or ended at any time and carries no service commitment.

4. AI usage and prepaid credit

4.1 Your own key. Tools that use AI can run on your own AI provider key. Your provider bills you directly under its terms. You are responsible for the key, its usage and its charges.

4.2 HigherTools credit. You can instead buy prepaid HigherTools credit, from $25 up to $10,000 per purchase. Credit is drawn down as you use our AI across your tools. When it runs out, AI features that use our credit pause until you add more. Your balance and activity are shown in billing.

4.3 Other credits. Some tools sell other prepaid credits, such as HigherData email verification credits. Their prices and rules are shown at purchase and in that tool's terms.

4.4 Credit terms. Credit has no cash value, cannot be transferred between accounts, and is non-refundable. Credit does not expire while your account is open. Unused credit is forfeited when your account is closed or terminated for breach.

4.5 Model choice. We select the AI models each tool uses and may change them at any time.

5. Beta and request-only tools

Tools marked Beta, early access or by request are provided as they are, may change or be withdrawn at any time, and may be less reliable than other tools. We decide which requests to approve. Our warranties, support commitments and any service levels do not apply to them.

6. Your data

6.1 Ownership. As between you and us, you own the data, content and materials you or your users submit to the Services, connect from your systems, or collect through them ("Customer Data").

6.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Data as needed to provide, secure, support and improve the Services, and as these Terms otherwise allow.

6.3 Your responsibilities. You are responsible for Customer Data and for having every right, notice and consent the law requires to collect it and to let us process it, including under privacy, anti-spam and call-recording laws. You must not submit data you are not allowed to share.

6.4 Usage data. We may collect data about how the Services are used and perform, and may use it, in aggregated or de-identified form, to operate, improve and develop our products. Usage data that does not identify you or any person is ours.

6.5 Personal information. Our Privacy Policy explains how we handle personal information. Where we process personal information in Customer Data on your behalf, we act as your service provider and process it to provide the Services and as you instruct through your use of them.

6.6 Security. We use reasonable administrative, technical and physical safeguards for Customer Data. No system is completely secure, and we do not guarantee that Customer Data will never be accessed without authorization.

6.7 Location. Customer Data is stored and processed in the United States and in other places where our service providers operate.

7. AI output

The Services use AI to produce answers, summaries, recommendations, enriched records and other output ("Output"). Output may be inaccurate, incomplete or offensive, and similar inputs can produce different Output. You are responsible for reviewing Output before relying on it or sending it to anyone, and for decisions you make with it. As between us, you may use Output generated for your account, subject to these Terms and the tool terms.

8. Third-party services

The Services connect with third-party products you choose, such as HubSpot, call recorders and AI providers. Those products are governed by their own terms. We are not responsible for them, for their availability, or for what they do with data you send them. If a third party changes or ends its service or our access to it, we may change or end the related features.

9. Acceptable use

You and your users must follow the Acceptable Use Policy. We may investigate suspected violations and remove content or limit access while we do.

10. Our intellectual property

We and our licensors own the Services, including the software, models we configure, designs, data we supply and documentation, and all improvements to them. We grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes during your subscription. All rights not expressly granted are reserved. If you send us feedback or suggestions, we may use them without restriction or payment.

11. Confidentiality

Each party will protect the other's non-public information that is marked confidential or that a reasonable person would understand to be confidential, use it only to perform under these Terms, and disclose it only to people who need it and are bound to protect it. This does not cover information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from someone else. Either party may disclose information when the law requires, with notice to the other where the law allows.

12. Suspension and termination

12.1 We may suspend or limit any part of the Services, immediately and without notice, if we reasonably believe it is needed to address non-payment, a breach of these Terms, a security risk, excessive or abusive use, harm to us or others, or a legal requirement.

12.2 We may terminate these Terms or your access to any tool for convenience with 30 days' notice, and immediately if you materially breach these Terms or become insolvent. If we terminate for convenience, we will refund prepaid subscription fees for the unused period.

12.3 You may stop using the Services at any time and cancel as described in section 3.3.

12.4 When access ends, your right to use the Services ends. Ask us within 30 days for help exporting Customer Data where the tool supports export. After that we may delete Customer Data, subject to each tool's retention rules and our legal obligations. Sections that by their nature should survive will survive, including sections 3, 6.4, 7, 10, 11 and 13 to 17.

13. Disclaimers

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICES, OUTPUT AND ANY DATA WE SUPPLY ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT OUTPUT OR DATA WILL BE ACCURATE, COMPLETE OR CURRENT.

14. Limitation of liability

14.1 TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, HOWEVER CAUSED AND EVEN IF ADVISED THEY WERE POSSIBLE.

14.2 TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US$100.

14.3 Sections 14.1 and 14.2 do not limit your payment obligations or your obligations under section 15, and apply even if a remedy fails of its essential purpose.

15. Indemnity

You will defend, indemnify and hold harmless HigherOps and its affiliates, officers, directors, employees and agents from all claims, losses, liabilities, damages, fines, costs and expenses (including reasonable legal fees) arising out of or relating to Customer Data, your or your users' use of the Services or Output, your breach of these Terms or the Acceptable Use Policy, or your violation of any law or third-party right.

16. Changes

16.1 To these Terms. We may change these Terms, any tool terms and the Acceptable Use Policy at any time. Changes take effect when we post them, as shown by the "Last updated" date. For material changes we will also notify account owners by email or in the app. Your continued use of the Services after a change takes effect means you accept it. If you do not agree to a change, your remedy is to stop using the Services and cancel.

16.2 To the Services. We may add, change, limit or remove features, tools, plans, limits and integrations at any time. If we remove a paid tool you subscribe to, we will refund prepaid fees for the unused period.

17. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts located in Ottawa, Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party submits to that jurisdiction. To the extent the law allows, claims must be brought individually and not as a plaintiff or class member in a class or representative proceeding. Either party may seek urgent injunctive relief in any competent court.

18. General

18.1 Entire agreement. These Terms, the tool terms, the Acceptable Use Policy and any order form or written agreement you sign with HigherOps are the entire agreement about the Services. A signed written agreement governs if it conflicts with these Terms. Terms in your purchase orders or other documents do not apply.

18.2 Assignment. You may not assign these Terms without our written consent. We may assign them without consent, including to an affiliate or in a merger, acquisition or sale of assets.

18.3 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of hosting, AI or data providers. This does not excuse payment obligations.

18.4 Publicity. We may name you as a customer and show your logo in our marketing. Email hello@higherops.io to opt out.

18.5 Export and sanctions. You will not use the Services in breach of export control or sanctions laws, or from or for the benefit of any sanctioned country, region or person.

18.6 Notices. We may give notices by email to account owners, in the app, or by posting them. Legal notices to us must be sent by email to info@higherops.io and are effective when received.

18.7 Other. If any provision is unenforceable, it is limited to the minimum extent needed and the rest stays in effect. A failure to enforce a provision is not a waiver. The parties are independent contractors. No third party has rights under these Terms. The parties have required that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

19. Contact

HigherOps Inc. Questions: hello@higherops.io. Legal notices: info@higherops.io.