Terms of service

Welcome, and thank you for choosing Hawkmoon. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Hawkmoon LLC. (“Hawkmoon,” “we,” “us,” or “our”), governing your use of our website, applications, software, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a business, you represent that you have the authority to bind that entity.

1. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into a contract. By registering, you agree to provide true, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.

2. License and Acceptable Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with these Terms and applicable law. You agree not to:

  • Reverse-engineer, decompile, or tamper with any software.

  • Access or use the Services for any unlawful, abusive, or harmful purpose.

  • Transmit viruses, spam, or other malicious code.

  • Use bots, scrapers, or other automated tools except as permitted by Hawkmoon’s API terms.

  • Resell or sublicense the Services without express written consent.

3. Plans, Payments & Renewals

  • Subscriptions: Certain features require a paid plan. Subscription fees are billed in advance, on a recurring monthly or annual basis.

  • Billing: You authorize Hawkmoon or its third-party payment processor to charge your chosen payment method.

  • Refunds: All payments are non-refundable except as required by law or stated otherwise.

  • Price Changes: Hawkmoon may modify pricing or plan features with 30 days' prior notice via email or platform notice.

4. Customer Content & Responsibilities

You retain all rights to content you upload or create using our Services. By using the platform, you grant us a worldwide, non-exclusive license to host, store, and process your content solely to operate and improve the Services.

You are responsible for:

  • Ensuring your content complies with applicable laws and does not infringe third-party rights.

  • Backing up your data regularly.

  • Responding to and resolving any claims arising from your content.

5. Data Privacy and Protection

Hawkmoon complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

  • Personal Data: We act as a data processor for personal data you control. See our Privacy Policy and Data Processing Addendum (DPA).

  • Security: We implement technical and organizational measures to protect your data.

  • User Rights: You may request access, deletion, correction, or restriction of personal data at any time.

For data protection-related inquiries, contact us at privacy@hawkmoon.com.

6. Third-Party Services and Integrations

Our Services may integrate with third-party platforms (e.g., Google, Meta, Stripe).
You acknowledge and agree that:

  • Your use of third-party integrations is subject to their terms and privacy policies.

  • We are not liable for actions, failures, or data loss caused by third-party services.

  • Hawkmoon may disable or modify integrations without prior notice if required.

7. Service Availability & SLA

Hawkmoon commits to providing 99.9% monthly uptime for paid users, excluding:

  • Scheduled maintenance (with minimum 24-hour notice),

  • Downtime caused by third-party providers, force majeure, or User errors.

8. Intellectual Property

All rights, title, and interest in and to the Services, including software, branding, and content (excluding your content), are and shall remain the exclusive property of Hawkmoon or its licensors.

You may not copy, modify, distribute, or use our intellectual property without our express written permission.

9. Indemnification

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

  • Your use or misuse of the Services,

  • Your violation of these Terms,

  • Content you submit or upload,

  • Violation of third-party rights.

10. Disclaimers

The Services are provided “as is” and “as available” without warranty of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or secure.

Some jurisdictions do not allow disclaimers of implied warranties, so this may not apply to you in full.

11. Limitation of Liability

To the fullest extent permitted by law, Hawkmoon shall not be liable for any:

  • Indirect, incidental, or consequential damages,

  • Loss of data, profits, revenue, or goodwill,

  • Service interruptions or third-party disruptions.

Our total liability for any claims arising under these Terms will not exceed the total amount paid by you in the 12 months preceding the event giving rise to the claim.

12. Termination and Suspension

  • You may cancel your account at any time through your dashboard.

  • We may suspend or terminate your access immediately if you breach these Terms or abuse the Services.

  • Upon termination, your access to the platform will be revoked and your data may be deleted after a 30-day retention period.

13. Modifications to the Terms

We may revise these Terms at any time. We will notify you of material changes via email or in-app notification. Continued use of the Services after such changes constitutes your acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions.

  • Arbitration: Any disputes will be resolved through final and binding arbitration under the American Arbitration Association (AAA) rules.

  • Venue: The arbitration will take place in Delaware, unless otherwise required by law.

15. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Hawkmoon regarding the Services.

  • Waiver: Our failure to enforce any right shall not constitute a waiver of such right.

  • Severability: If any provision is held invalid, the remaining Terms remain in full force and effect.

  • Force Majeure: We are not responsible for delays or failures due to causes beyond our control.