Welcome to Hawkmoon, LLC (“Hawkmoon,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, applications, software, and related services (collectively, the “Services”). By creating an account, subscribing, or otherwise using the Services, you agree to be bound by these Terms. If you’re entering into these Terms on behalf of a business, you represent that you have the authority to bind that entity.

1. Eligibility & Account Registration

• You must be at least 18 years old to use our Services.

• You agree to provide accurate, current, and complete information when creating an account.

• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

2. License & Acceptable Use

• We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

• You agree not to reverse-engineer, decompile, or attempt to derive the source code of any portion of the Services.

• You will not use the Services for any unlawful or unauthorized purpose, including spamming or distributing malware.

3. Subscriptions, Billing & No Refunds

• Hawkmoon offers paid subscription plans billed monthly or annually in advance.

• You authorize us (or our payment processor) to charge your chosen payment method on each renewal date.

• No Refunds: All fees paid are non-refundable. This includes partial subscription periods and cancellations.

• You may upgrade, downgrade, or cancel your plan at any time via your account settings; changes take effect at the next billing cycle.

4. Customer Content & Data

• You retain ownership of any content, data, or materials you upload or create through the Services (“Customer Content”).

• You grant Hawkmoon a worldwide, royalty-free license to host, store, and use your Customer Content solely to provide and improve the Services.

• You are responsible for ensuring your Customer Content does not violate any laws or third-party rights.

5. Third-Party Integrations

• The Services may integrate with third-party tools (e.g., Google, Meta, Stripe). Your use of those integrations is subject to the third party’s own terms and privacy policies.

• Hawkmoon is not liable for any data loss, service interruption, or other issues arising from third-party services.

6. Service Level & Availability (SLA)

• We aim to provide 99.9% uptime per calendar month, excluding scheduled maintenance, force majeure events, and issues caused by third parties or user error.

• If uptime falls below 99.9%, you may request a service credit of up to 10% of your monthly fee by contacting support within 10 business days of the incident.

7. Privacy & Data Protection

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. See: hawkmooninfo@gmail.com for privacy inquiries.

8. Intellectual Property

• All intellectual property rights in the Services (software, design, branding) remain the exclusive property of Hawkmoon or its licensors.

• You may not copy, modify, distribute, or create derivative works of any portion of the Services without our prior written consent.

9. Indemnification

You agree to indemnify, defend, and hold harmless Hawkmoon, its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including attorneys’ fees) arising from:

• Your use or misuse of the Services;

• Your violation of these Terms;

• Customer Content you submit;

• Your violation of any rights of a third party.

10. Disclaimers & Limitation of Liability

• Disclaimers: The Services are provided “as is” and “as available.” Hawkmoon makes no warranties, express or implied, including fitness for a particular purpose or non-infringement.

• Limitation of Liability: To the fullest extent permitted by law, Hawkmoon’s total liability under these Terms will not exceed the amount you paid in the 12 months preceding any claim. We are not liable for indirect, incidental, special, or consequential damages.

11. Termination

• You may cancel your subscription and delete your account at any time.

• Hawkmoon may suspend or terminate your access immediately for breach of these Terms or for any conduct that we deem harmful to the Services or other users.

• Upon termination, your right to use the Services ends, and we may delete your Customer Content after a 30-day retention period.

12. Governing Law & Dispute Resolution

• These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles.

• Any dispute arising under these Terms will be resolved by binding arbitration under the American Arbitration Association (AAA) rules, with the arbitration to take place in Delaware.

13. Changes to These Terms

We may update these Terms periodically. Material changes will be communicated via email or in-app notice at least 30 days prior to their effective date. Continued use of the Services after that date constitutes acceptance of the updated Terms.