Effective Date: 21 June 2025
These Terms of Service ("Terms") constitute a legally binding agreement between Basebright Inc., a Delaware corporation ("Company," "we," "us," or "our"), operating the HeckYes personalization service at HeckYes.ai ("Service"), and you or the entity you represent ("Customer," "you," or "your").
By installing, accessing, or using the HeckYes WooCommerce plugin ("Plugin"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not install or use the Plugin.
IMPORTANT NOTICE: By proceeding with installation, you confirm that you have read and understood Section 2.3 (Shared Responsibility Model) and accept the terms of this Agreement.
HeckYes provides an experimental personalization service for WooCommerce stores consisting of:
The Service is designed to create personalized shopping experiences by:
How It Works:
While these are the intended benefits, actual results depend on multiple factors including product catalog, customer base, and market conditions.
IMPORTANT: This Service uses experimental machine learning technology. Results vary based on your unique store, product catalog, and customer base. The Service requires regular monitoring and may be modified or discontinued at any time.
Customer and Company share responsibility for successful implementation:
Company provides: AI-powered recommendations, safety mechanisms, performance dashboards, and ongoing optimization efforts
Customer provides: Regular performance monitoring, timely issue reporting, and appropriate response to any concerns
Customer accepts: Results cannot be guaranteed with experimental AI technology
Customer acknowledges: Sole responsibility for business outcomes and decision to continue using the Service
Customer acknowledges that they are the data controller for all personal data collected through their store. Customer is solely responsible for:
Company acts solely as a data processor. We will:
Fee Structure: 10% of incremental revenue generated through personalization
No Risk: No fees if personalization doesn't increase revenue
No Guarantees: No minimum performance levels promised
Global A/B Test Structure:
Control Group (10%): Sees NO personalization anywhere - all default experiences
Test Group (90%): Sees ALL personalization features enabled
Measurement: Total revenue per unique user across entire store
Core Formula:
Revenue per User = Total Revenue ÷ Total Unique Users (including non-purchasers)
Incremental Revenue = (Revenue per User in Test - Revenue per User in Control) × Number of Test Users
Monthly Fee = Incremental Revenue × 10%User Counting:
Complete Store Example:
Your store has personalized homepage, product recommendations, and cart upsells
Control Group (10% of users):
- 1,000 unique users
- 50 conversions (5% conversion rate)
- Total revenue: $5,000
- Revenue per user: $5.00
Test Group (90% of users):
- 10,000 unique users
- 700 conversions (7% conversion rate)
- Total revenue: $70,000
- Revenue per user: $7.00
Calculation:
- Incremental revenue per user: $7.00 - $5.00 = $2.00
- Total incremental revenue: $2.00 × 10,000 = $20,000
- Monthly fee: $20,000 × 10% = $2,000
Adding New Features:
When we add recommendation widgets that didn't previously exist (e.g., product page widget), control group users simply don't see them while test group does. Same global test applies.
Attribution Reporting:
For transparency, we report which features drive revenue, but billing uses total incremental revenue only:
Total incremental revenue: $20,000 (basis for billing)
Attribution breakdown (reporting only):
- Homepage: 50% ($10,000)
- Product widget: 30% ($6,000)
- Cart: 20% ($4,000)Insufficient Data:
Zero or Negative Impact:
Low Volume Stores:
Frequency: Monthly in arrears
Payment Due: Within 5 days of invoice
Minimum Invoice: $100 (if any fee applies)
No Setup Fees: Pay only for results
The Plugin implements a 500-millisecond timeout mechanism:
CUSTOMER EXPLICITLY ACKNOWLEDGES AND ACCEPTS:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
Company makes no representations or warranties regarding:
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Customer agrees to:
While providing no warranties or guarantees, Company will use commercially reasonable efforts to improve the Service and address reported issues, but assumes no obligation to achieve any specific outcome.
Customer acknowledges that Company has implemented the following safety measures:
Customer agrees that these safety mechanisms, combined with Customer's ability to disable the Service at any time, demonstrate Company's reasonable care and preclude any finding of gross negligence or reckless conduct.
Customer cannot opt out of A/B testing as it is essential for measuring Service effectiveness and calculating fees.
Customer acknowledges that recommendations are generated using Amazon Web Services' Personalize service. Customer agrees to AWS's applicable terms and acceptable use policies for such services.
HeckYes is not affiliated with, endorsed by, or sponsored by Amazon Web Services. AWS Personalize is a trademark of Amazon.com, Inc.
These Terms commence upon Plugin installation and continue until terminated.
Upon termination:
Customer agrees to indemnify, defend, and hold harmless Company from any claims, damages, losses, or expenses arising from:
Company agrees to indemnify, defend, and hold harmless Customer from any third-party claims that the Service itself infringes any patent, copyright, or trademark, provided that Customer:
This indemnification excludes claims arising from:
This Section 10 states the entire liability of each party for infringement claims and is Customer's exclusive remedy for such claims.
By installing the Plugin, Customer confirms they have:
These Terms constitute the entire agreement between the parties.
These Terms are governed by Delaware law, without regard to conflict of law principles.
Any disputes shall be resolved through binding arbitration in Delaware.
If any provision is found unenforceable, the remaining provisions continue in full effect.
Customer may not assign these Terms without Company's written consent.
Company may modify these Terms with 30 days' notice. Continued use constitutes acceptance.
Basebright Inc.
2810 N Church St, Wilmington, Delaware 19802-4447 US
Email: team@heckyes.ai
Website: https://heckyes.ai
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:
During such events, affected obligations are suspended. If disruption exceeds 7 days, Customer may terminate without penalty.
BY INSTALLING THE HECKYES PLUGIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.