Terms and Conditions

Outline

From everyone at HotHawk, thank you for using our products! We build them to help you do your best work. Because we don't know every one of our customers personally, we have to put in place here all the terms that you agree to when you sign up for a HotHawk product.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to HotHawk Ltd, UK company number 14998792.
When we say “Services”, we mean any product created and maintained by HotHawk Ltd. That includes all versions of HotHawk whether delivered within a web browser, desktop application, mobile application, or another format.
When we say “You” or “your”, we are referring to the people or organisations that own an account with one or more of our products.
We may update these Terms of Service in the future. Whenever we make a significant change to our policies, we will also announce them on our company blog and newsletter.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not e xercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account.

Lifetime Deal Offer Guarantee, Terms and Conditions

At the Alpha and Beta testing stages of our product (to clarify, this is the period before we start charging a monthly subscription fee and launch the product publicly - we will notify all users via email when we launch officially and turn on subscriptions) we are offering early users the opportunity to purchase a lifetime deal to our software.
The lifetime deal will allow the buyer lifetime access to our Services without having to pay any further monthly fees, now, after our public launch or in the future.
There are two lifetime deal plans available, one for Business users offering 1 workspace and 5 team members for $249 and another for Agency users offering unlimited workspaces and unlimited team members for $499.
If you purchase a Business plan lifetime deal but later decide you want to use the Agency plan, you will be required to pay a monthly subscription for the Agency plan. You can downgrade back to your Business plan at any time and this will continue to be free forever for you.
If you purchase an Agency plan, you will have no requirements to downgrade as you will have full unrestricted access to our product forever.
For clarity, the lifetime deal includes all features that are on our platform now and will be on our platform in the future, we will not restrict feature usage as we release more features, we will guarantee you unrestricted access to the limits of the plan that you have purchased.
Refunds on lifetime purchase deals will be available until we launch publicly and turn on our monthly subscriptions, after this time you will have 14 days to request a refund and if no request is received within 14 days of our official launch and pricing plans being turned on we will assume you are happy and will be keeping the lifetime deal.
Lifetime deal ownership cannot be transferred. We reserve the right to cancel any users account that we believe is trying to transfer ownership of a lifetime deal. In this instance, the user will not receive a refund on their lifetime deal purchase and will be blocked from using HotHawk now and in the future.
Lifetime deals are purchased via a Stripe link and offered after signing up to join our Beta testing. When you create a HotHawk account we require you to use the same email address that you used when purchasing the lifetime deal and we will apply the deal to this email address after you register for your account.
We are selling lifetime deals to help fund the early stage development of our product. HotHawk is a bootstrapped startup and early revenue is a big help for us in funding the development stages of the product and early marketing.
All Lifetime deal users will get invited to a private channel called #ltd within our Slack Community where they can interact directly with our founders and ask questions, join live events and more.
We reserve the right to stop selling lifetime deals once we reach our planned target of $50,000. After this threshold is achieved, all lifetime deals will no longer be available and users must wait to register for a monthly subscription in order to access our product and Services.

Account Terms

You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all information posted and activity that occurs under your account. That includes information posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

For paid Services that offer a free trial or free plan, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment.
We may cancel accounts if they have been inactive for an extended period:

For trial accounts: 60 days after a trial has expired without being upgraded
For frozen accounts: 180 days after being frozen due to billing failures

If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate is applied immediately and charges and refunds are calculated on a pro-rata basis.

Taxes

The tax rate and rules are determined by each jurisdiction and sometimes vary by whether you are using our products for business/commercial or personal purposes.

Within the UK

We collect sales tax for customers based in the UK at UK standard rates.

Outside the UK

We use a third party tax service to verify B2B or B2C status to automate invoicing at the correct rates.
As a general guideline:

We collect VAT at UK standard rate on any direct-to-consumer sales (B2C).

Most of our applications are business products. If you are a business (B2B), any direct-to-business sales will be outside the scope of UK VAT (0%)

If you believe you’re being charged at the incorrect tax rate, please contact our support team at support@hothawk.ai.

Cancellation and Termination

You are solely responsible for properly cancelling your account. You can continue using your account until your paid period expires and your account is automatically cancelled or you can close it early from the “Billing Information” section.
All of your content will be inaccessible from the Services immediately upon account cancellation. We cannot recover this information once it has been permanently deleted.
If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately, and you will not be charged again. You will be able to use your account until the end of your current billing cycle as this was paid for in advance and we will close your account on the last day of your current billing cycle.
Our legal responsibility is to account owners, which means we cannot cancel an account at the request of anyone else.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employees or officers will result in immediate account termination and will be reported to the authorities.

Modifications to the Service and Prices

Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We cannot guarantee 100% uptime of our Service. We do not offer service-level agreements for most of our Services but do take uptime of our applications seriously.
Keeping customer data secure is a top priority for us. See our Privacy Policy for how we secure your data.
When you use our Services, you entrust us with your data. We take that trust to heart. You agree that HotHawk Ltd may process your data as described in our Privacy Policy and for no other purpose.

Copyright and Content Ownership

All content posted on the Services must comply with UK copyright legislation.
We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
The names, look, and feel of the Services belong to the Company. You may not duplicate, copy, or reuse any portion of the visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. We reserve the right to rescind this permission if you violate these Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

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