Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and NeverRest AI LLC (“NeverRest,” “we,” “us”) governing your use of the Hey Papi™ mobile application, the heypapi.ai website, and related services (the “Service”). By creating an account or using the Service, you agree to these Terms.

1. Who May Use the Service

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a business, you represent that you are authorized to bind that business, and “you” refers to that business.

2. What the Service Does

Hey Papi is an AI-assisted field tool for contractors and trade professionals. It helps you capture job site conditions using your phone’s camera, microphone, and depth sensors; drafts estimates, proposals, and job documentation; and sends those documents to the customers you designate by text message or email.

3. Your Account

• You are responsible for the accuracy of your account information and for safeguarding your login credentials.
• You are responsible for all activity that occurs under your account, including activity by your crew members or staff.
• Notify us promptly at support@heypapi.ai if you suspect unauthorized use.

4. Subscriptions, Billing, and Cancellation

Paid plans are billed in advance on a recurring basis at the price shown at checkout. Subscriptions renew automatically until cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable. If you purchase through the Apple App Store, billing, renewal, and refunds are handled by Apple under its terms.

5. Acceptable Use

You agree not to:

• Use the Service to send unsolicited, unlawful, harassing, deceptive, or spam messages, or to message anyone who has not consented to hear from you.
• Upload content you do not have the right to upload, including photos of property or people without appropriate permission.
• Reverse engineer, scrape, resell, or attempt to circumvent security or rate limits of the Service.
• Use the Service to violate any law or third-party right.

6. Your Responsibility for Messaging Consent

You are the sender of record for messages the Service transmits to your customers. You represent and warrant that you have obtained all required consent from each recipient before entering their number, that you will honor opt-out requests, and that you will comply with the Telephone Consumer Protection Act, CTIA messaging principles, and all applicable carrier rules. We may suspend messaging on your account if we receive credible complaints or carrier violations.

7. Ownership of Content

You retain ownership of the photos, scans, recordings, and documents you submit (“Your Content”). You grant NeverRest a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Your Content solely to operate and improve the Service and to deliver it to the recipients you designate. NeverRest and its licensors own all rights in the Service itself, including software, models, trademarks, and design.

Aggregated and de-identified data. You also permit NeverRest to create aggregated, de-identified data from your use of the Service, such as job, pricing, material, supplier, and regional trends, that does not identify you, your business, or your customers. NeverRest owns that data and may use it to improve the Service and share it with suppliers, insurers, and other partners in aggregate form, as described in our Privacy Policy. NeverRest will not sell Your Content or share information that identifies you or your customers under this section.

8. AI Output Disclaimer

Estimates, measurements, material takeoffs, renders, and other output generated by the Service are drafts produced by artificial intelligence. They may be inaccurate or incomplete. You are solely responsible for reviewing, correcting, and approving all output before relying on it, pricing a job, or sending it to a customer. The Service does not provide engineering, architectural, legal, tax, or code-compliance advice and is not a substitute for professional judgment or a licensed inspection.

9. Third-Party Services

The Service integrates with third-party providers for messaging, payments, mapping, storage, and AI processing. Your use of those features may also be subject to the third party’s terms. We are not responsible for third-party services.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT MESSAGES WILL ALWAYS BE DELIVERED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEVERREST WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, OR MISPRICED JOBS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless NeverRest from any claim, damage, or expense arising from Your Content, your use of the Service, your messaging practices, or your violation of these Terms or applicable law.

13. Suspension and Termination

We may suspend or terminate your access if you violate these Terms, create legal or security risk, or fail to pay. You may stop using the Service at any time. Sections that by their nature should survive termination will survive.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The exclusive venue for any dispute is the state or federal courts located in Texas, and you consent to their jurisdiction.

15. Changes to These Terms

We may update these Terms. Material changes will be posted here with a revised date and, where appropriate, notice in the app. Continued use after changes take effect means you accept them.

16. Contact

NeverRest AI LLC
Hey Papi™
Email: support@heypapi.ai

17. Business Contact

NeverRest AI LLC
1420 Hinterwald St, Leander, TX 78641
Email: hello@neverrest.ai
Phone: +1 737-734-3427