Terms of Use

By logging into the Software, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, you must not use the Software. Our platform will automatically log you out of the account if you do not acknowledge and accept our terms of use.

Use of Software

By using the Software, you acknowledge that all of your actions within the Software will be recorded and tracked. You understand that your privacy is of the utmost concern, but your information is immediately accessible by your employer at all times. You also acknowledge that your location will be tracked at all times while using the Software.

Termination

This agreement is effective until terminated by either party. Upon termination, you must immediately stop using the Software and destroy all copies of the Software in your possession.

Signature Implementation

By submitting any form, saving any changes, making reports, or performing any other action on the Software, you acknowledge that your physical signature which you provided to access the Software will be implemented on your actions and used on reports with your location, date and time, IP network information, and more. You understand that what you put on those forms is the same as any legal binding contract and that you will be held accountable in court if you are not honest with what you put on your reports.

HIPAA and Data Security

Sayou stores all client, business, and user information to HIPAA, CARF, state laws, federal laws standards. Even to our own developers and staff, we're unable to see a great deal of company collected data. Therefore, we cannot see a user's password even if we wanted to due to how we encrypt, hash, and store information. If a user is unable to access their account, they must request a password change from their company admins as Sayou has no ability to do so on the company's behalf. Or if there are additional standardized steps available to your company, you can reset your own password, but Sayou cannot see your original password.

A user should go through their company first before going to Sayou for information request and any information request must come from admin level accounts on the company software. Companies can request specific details on user location, user data, and more.

The user must also acknowledge that we utilize Artificial Technology to analyze habits, build reports, and much more. But all use cases of AI always filters out PII information so that no PII is placed on foreign servers and therefore we uphold HIPAA standards.")

If a person is to request any information that was collected by the company and onto our software but that person is not part of the company, we will only acknowledge and take requests from government entities that hold power over the company in question. For example, within Vocational Services, if DARS were to request details and evidence of signatures, locations, or other from Sayou for a specific client or company, we will comply with DARS or other governing bodies. But any requesting governing bodies must provide extensively detailed evidence of their legal rights to make such requests as well as we will not simply send data over to anyone who says they're a governing body. But when a governing body does properly contact Sayou for such information, we will immediately comply with any and all laws upheld by the state or federal government.

Privacy Policy

At Sayou, we take the privacy of our users very seriously. It is important for our users to understand that any and all actions they make on our software will be openly available for their company/employer to access or request at any time. This includes data tracking such as location, browser, VPN usage, writing habits, on-site usage, and much more. It is the responsibility of the user to understand that all data on their account is tracked and recorded.

Limitations of Liability

You understand and agree that Sayou shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Software.

You further agree that Sayou shall not be liable for any damages arising from the interruption, suspension or termination of the Software, including but not limited to, direct, indirect, incidental, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

You agree that Sayou shall not be liable for any damages arising from any third-party software, content or services used in conjunction with the Software, including but not limited to, direct, indirect, incidental, consequential or exemplary damages.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [state], without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or your use of the Software shall be filed only in the state or federal courts located in [county], and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Indemnification

You agree to indemnify, defend, and hold harmless Sayou, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of or in connection with your use of the Software, any violation by you of this agreement, or any violation by you of any rights of another. Sayou reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sayou's defense of such claim.

User Conduct

By using our Software, you agree to conduct yourself in a professional and ethical manner. You must not use the Software for any unlawful purposes, to harm, harass, abuse, or threaten others, or to engage in any activity that is offensive, obscene, or harmful. You also agree to comply with all applicable laws, regulations, and policies related to your use of the Software.

Intellectual Property

Sayou retains all intellectual property rights in and to any custom additions, software, and changes created for or at the request of a company or for which a company has made payment. No matter what we make for our clients, we always retain full control, access, and ownership of the code and logic.

Disclaimer of Warranties

The Software is provided "as is" and without warranties of any kind, either express or implied. Sayou expressly disclaims all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Sayou does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Sayou does not warrant or make any representations regarding the use or the results of the use of the Software or any information contained therein in terms of correctness, accuracy, reliability, or otherwise.

Disclaimer of Endorsement

Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier, or otherwise does not constitute or imply its endorsement, sponsorship, or recommendation by Sayou. Nor is an endorsement of Sayou implied by such links. They are for convenience only, as an index in a public library.

At Sayou, we take all client, company, and user data very seriously and do not sell personally identifiable information. We may use information we collect for purposes such as creating data on job coaches, vocational services employer habits, and more. Any sale of data described here is limited to data that does not identify an individual. Mobile phone numbers, SMS opt-in or consent data, and related SMS enrollment information are not sold or shared with third parties or affiliates for marketing or promotional purposes. By using our software, you acknowledge and agree to the collection and use of your data for these purposes.

Severability

If any provision of this Agreement is found to be invalid or unenforceable under any applicable law, such provision shall be deleted from this Agreement and the remaining provisions shall continue in full force and effect.

User Responsibilities

As a user of the Software, you are responsible for maintaining the confidentiality of your login information and password. You are also responsible for all activities that occur under your account. You agree to notify Sayou immediately of any unauthorized use of your account or any other breach of security. Sayou will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Sayou or another party due to someone else using your account or password.

Disclaimer Regarding User-Uploaded Content

Sayou provides the ability for users to upload and share content, including notes, PDFs, and other documents. While Sayou takes steps to monitor and remove infringing content, Sayou is not responsible for any user-uploaded content that violates the intellectual property rights of others. Users are solely responsible for the content they upload and share on Sayou's software.

Sayou reserves the right to remove any user-uploaded content that it believes in good faith violates the intellectual property rights of others or is otherwise illegal or inappropriate.

Third-Party Websites and Links

Our software may contain links to third-party websites or resources that are not owned or controlled by Sayou. Sayou has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that Sayou is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or resources that you visit.

Additional Legal Writing

You acknowledge that when you use the Software, you have no claim to any information, privacy, or anything else as we collect and do what we must to follow all regulations, laws, and your company policies. You also acknowledge that each business that uses our Software has their own policies, so we must provide each of the businesses any or all information they request as long as it's legally allowed. You understand that the businesses pay for your account and that you are not only bound to acknowledge the terms of our Software but also the additional data collection, rules, or other policies for the company that provided you the account. You also acknowledge that if you are unfamiliar with your company policy, you need to request the policy through your HR as that data is not held within Sayou.

Client Data Deletion Policy

By requesting the deletion of client data within Sayou's platform, you acknowledge and agree to the following:

• All client data flagged for deletion will be subject to a 30-day soft delete period, during which restoration may be possible. After 30 calendar days, the deletion is permanent and irreversible.

• Sayou's automated systems will flag data as ineligible for deletion if it is detected to be under retention requirements as per local, state, or federal laws.

• Sayou cannot independently verify the nature of the data being deleted. Data flagged for deletion may represent a real client, test client, duplicate record, or an accidental entry.

• It is your sole responsibility to ensure compliance with all applicable legal and regulatory requirements related to data retention and deletion.

Improper deletion of real client data, even in good faith or by accident, may result in legal action. If Sayou incurs costs resulting from your deletion actions, you agree to:

• Indemnify and hold Sayou harmless for any claims, costs, or damages, including legal fees, arising from improper deletions.

• Pay $300 per hour for any administrative or investigative time incurred by Sayou in response to legal inquiries, subpoenas, or other investigations related to the deletion.

• Cover additional costs promptly upon receiving a bill from Sayou after the conclusion of any related investigation.

In the event that a user or company requests the deletion of client data, Sayou cannot guarantee compliance with applicable legal or regulatory requirements related to data retention. By proceeding with deletion, users accept all responsibility for verifying the legality of their deletion request.

Sayou maintains strict access controls and encryption standards to ensure the security and confidentiality of client data. However, it is the responsibility of the user or company to ensure proper account security, including safeguarding login credentials and limiting access to authorized personnel.

You further acknowledge that liability for any deletion action, including those resulting from unauthorized access to your account, remains your responsibility. This includes ensuring your accounts are safeguarded and follow best security practices.

You agree to indemnify, defend, and hold harmless Sayou, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of or in connection with your use of the Software, any violation by you of this agreement, or any violation by you of any rights of another.

This includes, but is not limited to, claims arising from the deletion of client data, failure to comply with applicable data retention laws, or improper actions taken on the Software by authorized or unauthorized users of your account.

You understand and agree that Sayou shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Software, including but not limited to errors related to data deletion, retention, or restoration.

As a user of the Software, you are responsible for ensuring that any actions you take, including but not limited to data deletion requests, comply with all applicable legal, regulatory, and company policies. Sayou is not responsible for verifying the validity of deletion requests and relies on users to act in good faith.

You acknowledge that unauthorized access to your account or improper actions taken by anyone using your credentials remain your responsibility, including any resulting legal or financial consequences.

Data Breach Notification

Sayou takes reasonable and appropriate measures to safeguard all data stored within the platform. However, in the event of a data breach that compromises sensitive or personally identifiable information (PII), Sayou will:

• Notify affected companies and users promptly, in compliance with applicable state, federal, and international laws.

• Provide details of the breach, including the scope, nature of the compromised data, and steps being taken to mitigate risks.

• Cooperate with regulatory bodies and provide any required disclosures.

While Sayou will make every effort to prevent data breaches, you acknowledge that no system is immune to such incidents. Sayou is not liable for any damages or losses incurred as a result of a data breach caused by circumstances outside its reasonable control, including but not limited to hacking, natural disasters, or third-party service failures.

EHR-Specific Data Management

As an Electronic Health Records (EHR) system, Sayou provides tools for the management of sensitive health information. By using the platform, you agree to:

• Ensure that all data entered into the system complies with applicable regulations, including HIPAA, GDPR (if applicable), and local healthcare laws.

• Not use Sayou to store or process data unrelated to the authorized scope of the Software, including illegal, unethical, or unauthorized information.

• Assign and monitor access controls to ensure only authorized personnel can access patient records and sensitive data.

Sayou is not responsible for ensuring the accuracy, completeness, or compliance of the data entered into the platform. All responsibility for data content lies with the user and their organization.

Data Ownership and Portability

All data entered into the Sayou platform by the user or their organization remains the property of the organization or individual that owns the data. Sayou does not claim ownership over any user-uploaded or entered data.

• Upon termination of services, Sayou will provide an export of all client data in a commonly used format upon request, subject to applicable fees.

• Data exports must be requested by an authorized administrator of the company within 30 days of termination. After this period, Sayou may delete the data in accordance with its data retention policies.

• Sayou is not responsible for ensuring the compatibility of exported data with third-party systems.

You acknowledge that any request for data export may incur additional charges based on the complexity and volume of the requested data.

Service Uptime and Maintenance

Sayou aims to provide reliable and consistent access to its services but does not guarantee 100% uptime. You acknowledge that:

• Planned maintenance, upgrades, or updates may result in temporary service interruptions. Sayou will provide advance notice for planned downtime whenever possible.

• Unplanned outages may occur due to circumstances beyond Sayou’s control, such as natural disasters, cyberattacks, or third-party service failures.

• Sayou is not liable for any damages or losses resulting from service interruptions, whether planned or unplanned.

Sayou will make reasonable efforts to restore service as quickly as possible in the event of an outage.

If you choose to use third-party services, applications, or integrations with the Sayou platform, you do so at your own risk. Sayou is not responsible for:

• Ensuring the compatibility or functionality of third-party integrations.

• Data breaches, losses, or errors caused by third-party applications.

• The content, practices, or policies of third-party service providers.

You are encouraged to review the terms and conditions of any third-party services before using them in conjunction with Sayou.

Force Majeure

Sayou shall not be held liable for any failure or delay in performance of its obligations under this agreement resulting from events beyond its reasonable control, including but not limited to:

• Natural disasters, acts of God, or extreme weather conditions.

• Cyberattacks, security breaches, or network interruptions caused by third parties.

• Government actions, regulations, or orders.

• Labor disputes, strikes, or shortages of materials or transportation.

In such cases, Sayou will make reasonable efforts to resume service as soon as practicable.

Dispute Resolution

In the event of a dispute arising under or relating to this agreement, the parties agree to the following resolution process:

• Both parties will make a good faith effort to resolve the dispute through informal negotiation within 30 days of written notice of the dispute.

• If the dispute cannot be resolved through negotiation, it will be submitted to binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA).

• Any arbitration will take place in the Commonwealth of Virginia and will be conducted in English.

The arbitrator's decision shall be final and binding on both parties. Each party shall bear its own costs and expenses of arbitration, except as otherwise provided by the arbitrator.

API Usage Policy

If Sayou provides access to an API, you agree to use it only for lawful and authorized purposes. By using the API, you agree to the following terms:

• Access to the API is granted at Sayou's discretion and may be revoked at any time.

• You are prohibited from using the API to scrape data, reverse-engineer features, or engage in unauthorized data collection.

• API requests are subject to rate limits, and exceeding these limits may result in temporary or permanent suspension of access.

• Sayou is not responsible for any data loss or corruption resulting from the misuse of the API.

Sayou reserves the right to update the API, including deprecating features or endpoints. It is your responsibility to ensure your systems are compatible with the latest API version.

AI and Automation Disclaimer

Sayou utilizes artificial intelligence (AI) and automated systems to provide insights, reports, and recommendations. You acknowledge the following:

• AI-generated outputs are based on available data and algorithms and may not be accurate or error-free.

• AI tools are intended to support decision-making but should not replace professional judgment or compliance verification.

• Sayou is not responsible for any actions taken based on AI-generated insights or reports.

By using the platform, you accept full responsibility for interpreting and applying AI-generated insights to your business practices.

Data Retention Policy

Sayou retains data in compliance with applicable laws and industry standards. The following retention periods apply:

• Data associated with active accounts will be retained indefinitely unless a deletion request is submitted in accordance with the Client Data Deletion Policy.

• For terminated accounts, data will be retained for a minimum of 90 days and a maximum of 1 year to allow for legal compliance and account restoration requests.

• After the retention period, data will be permanently deleted from Sayou’s systems, except for anonymized data used for analytics and platform improvements.

You are responsible for exporting any necessary data before account termination or data deletion.

Beta Features and Experimental Tools

Sayou may offer beta features or experimental tools to selected users. By using these features, you agree to the following:

• Beta features are provided "as is" without any warranty, and their performance or availability is not guaranteed.

• Feedback provided by beta users may be used by Sayou to improve the platform.

• Sayou is not liable for any loss, damage, or disruption caused by the use of beta features.

Participation in beta programs is voluntary and does not entitle users to any compensation or guarantees.

Compliance with Third-Party Regulations

By using Sayou, you agree to comply with all applicable third-party regulations relevant to your industry, including but not limited to:

• Healthcare regulations such as HIPAA, GDPR (if applicable), or local health data laws.

• Employment and labor laws for timesheets, payroll, and employee tracking data.

• Any other legal or regulatory requirements imposed by funding agencies, accreditation bodies, or governing authorities.

Sayou is not responsible for ensuring your compliance with third-party regulations. Users are solely responsible for configuring the platform to meet their regulatory obligations.

Termination for Non-Compliance

Sayou reserves the right to terminate your access to the platform without notice for any of the following reasons:

• Violations of these Terms of Use or other agreements with Sayou.

• Engaging in activities that compromise the security, integrity, or performance of the platform.

• Non-compliance with applicable laws or regulations relevant to your use of the platform.

Termination for non-compliance may include the permanent deletion of data associated with the account, subject to applicable laws.

Scalability and Future Platform Enhancements

Sayou may expand, enhance, or modify its services to accommodate future technological advancements and user needs. You acknowledge that:

• New features, integrations, or upgrades may require updated terms of use, which will be communicated to you in advance.

• Continued use of the platform after updates signifies acceptance of the revised terms.

• Sayou is not obligated to provide backward compatibility for deprecated features.

These changes are designed to improve the platform and ensure compliance with evolving legal and technical standards.

Account Termination and Data Retrieval Policy

Companies or users wishing to terminate their accounts with Sayou must contact us directly and adhere to the following procedures to ensure proper data retrieval and account closure:

- Data Verification and Download Responsibility: Before account termination, it is the company’s sole responsibility to verify that all necessary data, including client data, forms, reports, and associated files, has been downloaded. This includes:

• Data available through Sayou’s Audit page, which provides tools for downloading all relevant Personally Identifiable Information (PII) and client-related data.

• Associated uploaded files linked to client records, which can be accessed in bulk upon manual request to Sayou.

Reasonable Notice and Fees: Companies must provide Sayou with reasonable notice to process data requests. The time required to provide the requested data may vary depending on the volume and complexity of the data.

• Fees for file system access and data retrieval are outlined in the platform’s pricing structure and will be included in the company’s final invoice.

• Sayou reserves the right to charge additional fees for manual data processing and retrieval based on the time and effort required.

Finality of Data Deletion: Upon account termination, Sayou will permanently delete all associated data within a reasonable timeframe unless otherwise required by law.

• Once data is deleted, recovery will not be possible under any circumstances.

• Companies must acknowledge this finality by signing a physical or digital termination agreement provided by Sayou.

Termination Agreement: Before account closure, companies must agree to and sign a termination contract, which includes:

• Acknowledgment that all relevant data has been downloaded and verified by the company.

• A waiver of all legal claims against Sayou related to data access, deletion, or retention after termination.

• Agreement to pay all outstanding fees, including those related to data retrieval, as part of the final invoice.

Post-Termination Limitations:

• Sayou will not retain or provide access to client or company data after account termination except as required by law.

• Sayou is not liable for any damages or losses resulting from the company’s failure to retrieve or verify data prior to termination.

By using Sayou’s platform, companies agree to these termination procedures and acknowledge that Sayou will not be held liable for any failure to follow the outlined steps.

Data Ownership and Ethical Use Policy

By using Sayou's platform, all users acknowledge that data within the system is co-owned by both the company that pays for the platform and Sayou. The following terms apply to data ownership, usage, and ethical handling:

- Company Data Ownership: All identifiable data entered into the platform, including client forms, fields, reports, and associated records, remains the intellectual property of the company using and paying for the platform.

• Sayou will never sell, share, or use a company’s identifiable data, forms, protocols, or methodologies without explicit written consent from the company.

• Sayou treats company information with the utmost respect and ensures that it is not used in ways that could harm the company’s intellectual property, trade secrets, or business practices.

• Sayou commits to protecting company secrets, protocols, and methodologies, ensuring they remain confidential and secure at all times.

Non-PII Data Collection: Sayou reserves the right to collect and use de-identified, non-personally identifiable data for purposes including, but not limited to:

• Generating aggregated statistics on client demographics, such as average ages, achievements, salaries, or other anonymized metrics.

• Supporting academic research aimed at advancing vocational services, supported employment, mental health standards, and EHR practices.

• Providing insights to improve the field of services for persons with disabilities and related industries.

Ethical Data Handling: Sayou ensures the ethical handling of all data by adhering to the following principles:

• Data will always be anonymized and de-identified before it is used for analysis or reporting.

• No direct, identifiable client or company information will be sold, shared, or disclosed at this time.

• Company data will never be sold to competitors or used in a manner that could harm a company’s reputation or business.

Compliance with Legal Requirements: Sayou reserves the right to disclose data under the following conditions:

• If required by a legal court subpoena issued by a legitimate government agency with jurisdiction over the company or Sayou.

• All subpoenas will be reviewed and verified by Sayou’s legal counsel to ensure legitimacy before data is disclosed.

Future Policy Changes: Sayou reserves the right to update this policy and introduce new data usage practices in the future, including:

• Potential use of anonymized data for research, reporting, or other beneficial purposes.

• Providing companies with opt-in and opt-out options for data collection and reporting if such practices are implemented.

Sayou commits to transparency and will notify companies in advance of any significant changes to this policy.

- Intent for Social Good: At Sayou, our goal is to use de-identified data for purposes that advance humanity and support the betterment of persons with disabilities. These uses may include:

• Collaborating with universities, researchers, and nonprofits to improve mental health and EHR standards.

• Supporting studies aimed at enhancing vocational services and supported employment practices.

While Sayou currently has no plans to implement such practices, this remains a potential future initiative. If this occurs, Sayou promises to provide clear opt-in or opt-out options for companies that do not wish to participate.

Sayou values transparency, ethics, and respect for its users and company partners. By using the platform, you agree to the principles outlined in this policy and acknowledge that Sayou aims to use data responsibly and for the betterment of the industries it serves.

Modification

We reserve the right to modify this agreement at any time. By continuing to use the Software, you agree to be bound by the terms and conditions of the modified agreement.

Entire Agreement

This agreement constitutes the entire agreement between you and Sayou with respect to the use of the Software and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Sayou with respect to the Software. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Contact Us

If you have any questions about this agreement or the use of the Software, please contact us at info@sayou.net.