Business Terms

1. Introduction and Scope

These Business Terms apply to any legal entity (Business) that claims a Business Listing on the Service, and to any individual authorized to access the business dashboard on that Business's behalf. If you are such an individual, you are binding both yourself and the Business you represent.

The Service includes the consumer app (where consumers submit Hints about nearby businesses) and the business dashboard (where a Business that has completed Claiming reads and responds to Hints). Both are part of the same platform operated by Hint It, Inc., a Delaware corporation.

These Business Terms supplement the main Terms of Use and the Privacy Policy. For Business-side matters, these Business Terms control. Where they are silent, the main Terms of Use and Privacy Policy apply.

2. Your Business Listing: Before and After Claiming

Before Claiming. Your business may appear on the Service before you have heard of Hint It. Business Listings are seeded from two sources: licensed public data sources (including Foursquare OS Places, Overture, and OpenStreetMap) and Location Suggestions submitted by users of the Service. A user-submitted Location Suggestion may include place details and photos of the location; those photos may appear publicly on the Business Listing. That listing does not imply any relationship, affiliation, sponsorship, or endorsement between your business and Hint It, Inc.

If your listing contains inaccurate user-submitted details or photos, a claimed business may request correction or removal of that content by contacting us about copyright.

Claiming warranty. By completing Claiming, you warrant that you are an authorized representative of the business whose Business Listing you are claiming. You warrant that you have authority to bind that business to these Business Terms. Submitting a false or unauthorized claim is a material breach of these Business Terms and may expose you and your organization to legal liability.

After Claiming: what you gain. Once you claim your Business Listing, you get access to the business dashboard. From there, you can read Hints submitted about your location, view sentiment analysis, and respond to Hints where that feature is available. Dashboard features may change as the Service develops.

Claiming is free. There is no fee to complete Claiming. Subscription pricing applies to dashboard features, as described in Section 9.

The listing is not yours exclusively. Claiming gives you dashboard access and the ability to manage your listing information. It does not give you ownership of the Business Listing or the ability to delete it from the Service. Hint It operates the platform and listing infrastructure.

3. What You Can See (and What You Cannot)

The dashboard shows you Hints and trends about your location. It does not show you who submitted any Hint.

What a Business can see through its dashboard:

1. The text of Hints submitted about its Business Listing.
2. Sentiment analysis derived from Hint content.
3. Photos attached to Hints.
4. Anonymous trend data about its location, including aggregate sentiment trends and submission frequency.

What a Business cannot see:

1. The name, phone number, email address, or device identifier of the consumer who submitted a Hint.
2. Any information that would allow the Business to identify the individual consumer who submitted a Hint.

Hints are private consumer opinions. They are not verified facts, ratings, or endorsements. Hint It makes no representation about their accuracy. Exercise your own judgment when acting on any Hint.

4. What You May Not Do With Hint Data

Use Hint data to improve your business. Do not use it to identify, investigate, or retaliate against the people who submitted Hints.

By accessing Hint data through the dashboard, you agree not to:

1. Attempt to determine the identity of any consumer who submitted a Hint, whether through technical means, purchase record matching, surveillance, or any other method.
2. Retaliate against any customer or employee based on the content of a Hint.
3. Use Hint data as the sole basis for any personnel decision.
4. Share, republish, or sell Hint data to any third party without Hint It's prior written consent.
5. Misrepresent Hint content publicly as verified reviews, ratings, or endorsements.
6. Use Hint data for any purpose other than improving your own business operations.

An attempt to identify a Hint submitter is a material breach of these Business Terms.

5. Confidentiality of Hint Data

Hint data you receive through the dashboard is confidential.

You may share it internally, for example with department heads or operational staff, for business-improvement purposes. You may not disclose it outside your organization without Hint It's prior written consent.

This obligation survives the termination or expiration of your account.

6. Business-Supplied Logos and Content

Upon completing Claiming, you may upload your business's logo and photos to your Business Listing through the dashboard.

By uploading logos or photos, you grant Hint It, Inc. a non-exclusive, royalty-free, worldwide license to display those materials on your Business Listing for the purpose of providing the Service. This license continues for as long as your materials remain on the Service and terminates when you remove the materials or when your account is closed.

You warrant that you own or are licensed to use all materials you upload, and that displaying them on Hint It does not infringe any third party's intellectual property rights. You will defend and indemnify Hint It, Inc. and its affiliates, directors, officers, agents, and employees against any third-party claim arising from your uploaded materials, including any claim of copyright infringement, trademark infringement, or right of publicity.

7. Accuracy of Your Listing

You warrant that all information you provide or update on your Business Listing (including name, address, hours, and description) is accurate to the best of your knowledge at the time you provide it. You will update your listing promptly when information changes. Hint It is not responsible for inaccuracies in business-supplied listing information.

8. QR Code Tools

If Hint It provides you with QR code tools to solicit Hints from your customers:

1. Hints collected via QR codes are subject to the same confidentiality, data-use, and prohibited-conduct rules as Hints submitted through the consumer app.
2. You may not use QR code tools in a way that makes hint submission a condition of entering your premises, receiving service, or participating in any promotion.
3. You may not redirect the QR code destination to a different URL or destination without Hint It's prior written knowledge and consent.

9. Subscription, Billing, and Payment

You pay for dashboard access. Stripe processes your payment. Your subscription renews automatically unless you cancel.

Stripe. Hint It uses Stripe to process payments. We do not store your payment card information. Your payment data is governed by Stripe's privacy policy and terms at stripe.com.

Auto-renewal. Your subscription renews automatically at the end of each billing period. Hint It will notify you of the renewal date and the amount that will be charged before renewal occurs. You will receive this notice at the email address associated with your account.

Price changes. If Hint It changes subscription pricing, Hint It will give you at least 30 days' notice before the change takes effect. You may cancel your subscription before the new price takes effect without penalty.

Cancellation. You can cancel at any time through your account settings. No need to contact support. Cancellation takes effect at the end of the current billing period, and you retain dashboard access through the period you have already paid for.

Non-payment. If payment fails, Hint It may suspend your access to the business dashboard after providing notice and a reasonable opportunity to update your payment method. Suspension for non-payment does not delete your Business Listing. Your listing remains on the Service in unclaimed form if your account is suspended or closed for non-payment.

Refunds. Subscription fees are non-refundable except where required by applicable law.

10. The Consumer Giveaway

Hint It runs a monthly Giveaway for consumers. It is funded entirely by Hint It, Inc.

Your subscription does not include any contribution to the Giveaway prize pool, and your business is not charged for the Giveaway. Your business is not a sponsor or co-sponsor of it. The number of Hints submitted about your Business Listing may affect the size of the prize pool, because Hint It adds to the pool based on how many hints it receives, but that money comes from Hint It, not from you.

The Giveaway is governed by the Giveaway Rules.

11. Termination

By you. You may close your business account at any time through your account settings. When you close your account, your Business Listing reverts to unclaimed status. The listing is not automatically deleted from the Service. Hint data previously submitted about your location is not deleted when you close your account.

By Hint It. Hint It may terminate or suspend your account immediately and without advance notice if you breach these Business Terms. Grounds for immediate termination include, but are not limited to, any attempt to de-anonymize Hint submitters, misuse of Hint data in violation of Section 4, or non-payment after a written cure period of no fewer than five business days. Hint It may terminate your account with 30 days' written notice for any other reason, including discontinuation of the Service or a change in business direction.

Effect of termination. On termination, your access to the business dashboard ends immediately. Hint data associated with your account is no longer accessible through the dashboard after termination. Your Business Listing may remain on the Service in unclaimed form following termination. Sections 4, 5, 6 (warranty and indemnification only), 12, 13, 14, and 15 of these Business Terms survive termination.

12. Disclaimer of Warranties

The dashboard and hint data are provided as-is. Hint It makes no promises about uptime, the accuracy of hint sentiment analysis, or fitness for any particular business purpose.

THE SERVICE, INCLUDING THE BUSINESS DASHBOARD AND ALL HINT DATA PROVIDED THROUGH IT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HINT IT, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HINT IT DOES NOT WARRANT THAT THE DASHBOARD WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT HINT DATA WILL BE ACCURATE OR COMPLETE, OR THAT THE SERVICE WILL MEET YOUR BUSINESS REQUIREMENTS. SOME STATES DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN FULL.

13. Limitation of Liability

If something goes wrong, Hint It's total liability to you is capped at the subscription fees you paid in the past 12 months.

NEITHER HINT IT NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, ARISING FROM YOUR USE OF THE SERVICE OR YOUR INABILITY TO ACCESS HINT DATA. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE MAXIMUM TOTAL LIABILITY OF HINT IT, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE AMOUNT YOU PAID TO HINT IT FOR THE SERVICE IN THE 12 MONTHS PRECEDING YOUR CLAIM. EACH PROVISION OF THESE BUSINESS TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Indemnification

If your use of the dashboard or your breach of these terms causes Hint It to face a legal claim, you are responsible for covering our costs.

You will defend, indemnify, and hold Hint It, Inc., its affiliates, directors, officers, agents, and employees harmless from any costs, damages, expenses (including reasonable attorneys' fees), and liability arising from:

1. your use of the Service or the business dashboard;
2. your breach of these Business Terms;
3. your violation of any applicable law;
4. any claim arising from business-supplied logos, photos, or other content you upload to your Business Listing; or
5. your misuse of Hint data, including any attempt to identify a Hint submitter.

15. Governing Law and Venue

These Business Terms are governed by the laws of the State of Delaware, excluding its conflict of law provisions. Any judicial proceedings arising out of or relating to these Business Terms will be brought exclusively in the state or federal courts located in Wilmington, Delaware. You consent to the exclusive personal jurisdiction of those courts for that purpose.

16. Entire Agreement

These Business Terms, together with the main Terms of Use and the Privacy Policy, are the entire agreement between you and Hint It, Inc. about your use of the Service as a Business. They supersede all prior agreements, representations, or understandings on the same subject. No amendment is effective unless made in writing and either signed by Hint It, Inc. or posted as an updated version of these Business Terms, with notice to the email address on your account.

17. Contact Us

Questions about these Business Terms? Reach us here:

Hint It, Inc.
4605 Tutu Park Mall Suite 133-106
St Thomas, VI 00802
contact us