These Terms of Service (the “Terms”) form a binding agreement between Digital Trend Inc., a corporation headquartered in Toronto, Ontario, Canada (“GM,” “we,” or “our”), and the individual or entity accessing or using our web application, mobile app, SMS workflows, or other services offered at higm.ai(collectively, the “Service”). By signing up for, accessing, or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms incorporate our Privacy Policyby reference. References to “you” and “Customer” mean the party that has agreed to these Terms; references to “Users” include Customer’s owners, managers, and staff who access the Service under Customer’s account.
1. The Service
GM is a business-operations tool that helps Customers schedule staff, onboard new employees, coordinate shift coverage, verify attendance, and view operational reporting. Specific features may change over time. We may add, modify, or discontinue features on reasonable notice.
2. Accounts and eligibility
- You must be at least 18 years old and authorized to bind the entity for which you are accepting these Terms.
- You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us immediately at ask@higm.ai if you suspect unauthorized access.
- You agree to provide accurate information and to keep it updated.
3. License grant
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term for your internal business operations only. All right, title, and interest in the Service, including all intellectual property rights, remain with GM and its licensors.
4. Acceptable use
You agree not to, and not to permit any User to:
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying models of the Service.
- Resell, sublicense, time-share, or use the Service to operate a service bureau or on behalf of a third party that is not a User.
- Use the Service to build a competing product or to benchmark features for a competing offering.
- Bypass rate limits, access-control mechanisms, or any technical restriction of the Service.
- Use the Service to send unsolicited messages, to harass or harm any person, or to violate applicable law, including labor, privacy, anti-spam, and export-control laws.
- Upload or enter into the Service any sensitive personal information GM has instructed you not to provide, as described in Section 5.2 (e.g., government identifiers, banking details, health records).
- Upload malicious code, attempt to introduce vulnerabilities, or otherwise interfere with the Service’s integrity.
5. Customer Data and third-party integrations
5.1 Ownership
As between you and GM, you retain all right, title, and interest in the data that you (or your Users) submit to the Service (“Customer Data”). You grant GM a limited, worldwide, royalty-free license to host, process, transmit, and display Customer Data solely to operate, improve, and support the Service for you.
5.2 Employee data — data minimization
GM is designed to operate on a minimal set of Employee information: first name, mobile phone number, role, and shift activity. You agree not to upload to GM any government identifiers (e.g., SIN, SSN, ITIN), dates of birth, home addresses, banking or direct-deposit details, immigration or health records, driver’s licence numbers, or other sensitive personal information. Payroll, tax, and banking-of-record remain with your existing payroll provider. You represent and warrant that you have the legal authority and, where required, the consent of your staff to share the limited information above with GM for the purposes described in the Privacy Policy. You are the data controller and GM is the data processor with respect to Employee information.
5.3 Point-of-sale and other connected services
If you connect a third-party point-of-sale or similar service to your GM account, you authorize GM to access the aggregated business data in that service on your behalf for the purposes you have selected. GM’s access is read-only unless a feature explicitly requires write access and you separately authorize it. GM does not ingest cardholder data or end-customer personal information from any connected service. Your relationship with the third-party service is governed by its own terms, and GM is not responsible for outages, policy changes, or data practices of that service.
Currently supported integrations include Clover. You may disconnect any integration at any time from the Integrations area of the Service; doing so revokes GM’s credentials for that integration and stops further syncs.
5.4 SMS and telecommunications
The Service sends SMS messages to Employees on your behalf. You are responsible for ensuring that each Employee has consented to receive these messages and for maintaining records of that consent. Employees may opt out of further messages at any time by replying STOP; GM honours these opt-outs automatically and will not deliver further SMS to that number on your behalf until the Employee opts back in. Standard carrier message and data rates apply to recipients.
6. Fees, billing, and trial
- Fees are charged in advance on a monthly or annual basis according to the plan you select. Unless otherwise stated, fees are non-refundable and exclusive of applicable taxes, which you are responsible for paying.
- New accounts may receive a free trial period. At the end of the trial, paid-plan fees are charged to your selected payment method unless you cancel beforehand.
- Subscriptions auto-renew for successive terms unless you cancel before the end of the then-current term. You can cancel at any time from the billing portal; cancellation takes effect at the end of the paid period.
- We may change pricing with at least 30 days’ notice to your registered email address. Price changes apply to the next renewal.
- If a payment fails we may suspend or terminate your access after reasonable notice.
7. Beta and AI-assisted features
Certain features may be offered as beta, preview, or early-access releases, and are provided “as-is” without any warranty. The Service uses machine-learning inference to generate and interpret text in certain workflows. Only the text strictly needed for the requested task is sent to inference providers, under zero-retention and no-training contractual terms. Outputs may contain errors, omissions, or inaccuracies; you are responsible for reviewing and verifying any AI-generated output before relying on it for business decisions that could affect payroll, compliance, or employment.
8. Termination
- By you. You may cancel your subscription at any time. Cancellation does not entitle you to a refund of fees already paid.
- By us. We may suspend or terminate your account on reasonable notice if you materially breach these Terms, fail to pay, or use the Service in a way that creates legal, security, or reputational risk. We may also terminate immediately for egregious violations, attempted security breaches, or legally required shutdowns.
- On termination, your license to use the Service ends. You may request an export of Customer Data within 30 days of termination; after that, we may delete it in accordance with our Privacy Policy and retention schedule.
9. Warranties and disclaimers
GM will provide the Service with reasonable skill and care consistent with industry standards for comparable SaaS offerings. Except as expressly stated in these Terms, the Service is provided “as-is” and “as-available” without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. We do not warrant that the Service will meet every specific requirement or be error-free.
10. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.
GM’s total aggregate liability to you for any and all claims arising out of or related to the Service will not exceed the greater of (a) the fees actually paid by you to GM during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD 100).
Nothing in these Terms limits liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.
11. Indemnity
You agree to defend, indemnify, and hold harmless GM and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and reasonable costs (including attorneys’ fees) arising out of or related to your Customer Data, your violation of these Terms, your breach of applicable law, or your infringement of a third party’s rights.
12. Confidentiality
Each party will protect the confidential information of the other with at least the same degree of care it uses to protect its own confidential information of like importance, and in any event not less than reasonable care. Confidential information may be used only to perform under these Terms and disclosed only to employees and contractors with a need-to-know who are bound by similar confidentiality obligations.
13. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-laws principles. Subject to Section 14, the parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario for the resolution of any dispute not subject to arbitration.
14. Arbitration (optional by mutual agreement)
The parties may, by mutual written agreement, refer any dispute arising under these Terms to confidential binding arbitration administered under the rules of a recognized Canadian arbitral institution, seated in Toronto, Ontario, in English. Absent such agreement, disputes proceed in the courts named in Section 13.
15. Changes to these Terms
We may modify these Terms from time to time. Material changes will be announced to your registered email address and posted here with an updated “Last updated” date at the top of the page. If you do not agree to the updated Terms you must stop using the Service; continued use constitutes acceptance.
16. Miscellaneous
- Entire agreement. These Terms, together with our Privacy Policy and any order form or additional policies we make available, are the entire agreement between the parties regarding the Service and supersede any prior agreements.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
- Waiver. A failure to enforce any provision is not a waiver of future enforcement.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
17. Contact
Digital Trend Inc.
Toronto, Ontario, Canada
Email: ask@higm.ai
Privacy: privacy@higm.ai