Terms of Service

Last updated: 7/3/2025

Terms of Service

Last updated: 7/3/2025

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you") and HOOOK ("Company," "we," "us," "our") governing your access to and use of HOOOK's AI-powered marketing automation platform and related services (collectively, the "Service").

By accessing, browsing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Service.

If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" refers to such entity.

2. Description of Service

2.1 Platform Overview

HOOOK provides a comprehensive AI-powered marketing automation platform designed to help businesses streamline their marketing operations, enhance customer engagement, and optimize marketing performance through intelligent automation and data-driven insights.

2.2 Core Services

Our Service includes, but is not limited to:

Marketing Automation:

  • Campaign creation, management, and optimization
  • Multi-channel marketing workflows and triggers
  • Lead scoring and customer segmentation
  • Personalized content delivery and recommendations

AI-Powered Features:

  • Predictive analytics and machine learning insights
  • Content generation and optimization tools
  • Behavioral analysis and pattern recognition
  • Automated A/B testing and performance optimization

Platform Capabilities:

  • Content management and asset organization
  • Email marketing and communication tools
  • Social media management and scheduling
  • Customer relationship management (CRM) integration
  • Analytics, reporting, and business intelligence dashboards
  • API access and third-party integrations

2.3 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may temporarily suspend or restrict access for maintenance, updates, or security purposes. Scheduled maintenance will be announced in advance when possible.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use our Service, you must:

  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Have the legal capacity to enter into binding agreements
  • Not be prohibited from using our Service under applicable laws
  • Provide accurate and complete registration information

3.2 Account Creation and Responsibilities

To access certain features of our Service, you must create an account by providing:

  • Valid email address and contact information
  • Company or organization details (if applicable)
  • Secure password meeting our security requirements
  • Billing information for paid services

Account Security:

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access or security breaches
  • Using strong passwords and enabling two-factor authentication when available
  • Ensuring your account information remains current and accurate

3.3 Account Verification

We may require verification of your identity, business status, or other information before providing access to certain features or services.

4. Subscription Plans and Payment Terms

4.1 Subscription Plans

We offer various subscription tiers with different features, usage limits, and pricing. Current plan details are available on our website and may be updated from time to time.

4.2 Billing and Payment

Payment Schedule:

  • Subscription fees are billed in advance on a monthly or annual basis
  • Payment is due immediately upon subscription activation or renewal
  • All fees are stated in US Dollars unless otherwise specified

Payment Methods:

  • We accept major credit cards, ACH transfers, and other approved payment methods
  • You authorize us to charge your chosen payment method for all applicable fees
  • You must maintain valid and current payment information

Late Payments:

  • Accounts with overdue payments may be suspended or terminated
  • We may charge late fees as permitted by law
  • You remain liable for all outstanding amounts plus collection costs

4.3 Refunds and Cancellations

Refund Policy:

  • All payments are generally non-refundable except as required by applicable law
  • Pro-rated refunds may be provided at our sole discretion for annual subscriptions
  • Refunds for billing errors will be processed promptly upon verification

Cancellation:

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing period
  • You retain access to paid features until the end of the billing period
  • Canceled accounts may be subject to data deletion policies

4.4 Price Changes

We reserve the right to modify subscription pricing with at least 30 days' advance notice. Price changes will not affect your current billing period but will apply to subsequent renewals.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Service only for lawful business purposes in accordance with these Terms. Permitted uses include marketing campaigns, customer engagement, data analysis, and other legitimate business activities.

5.2 Prohibited Activities

You agree not to:

Content Violations:

  • Upload, transmit, or distribute illegal, harmful, or offensive content
  • Share content that infringes intellectual property rights
  • Distribute spam, unsolicited communications, or malicious software
  • Violate applicable laws including CAN-SPAM, GDPR, or similar regulations

Technical Misuse:

  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated tools to scrape or harvest data from our Service
  • Interfere with or disrupt the integrity or performance of our Service

Commercial Violations:

  • Resell or redistribute our Service without authorization
  • Use our Service to compete directly with our business
  • Share account credentials with unauthorized users
  • Exceed usage limits or attempt to circumvent restrictions

5.3 Compliance with Laws

You are responsible for ensuring your use of our Service complies with all applicable local, state, national, and international laws and regulations.

6. Data Privacy and Security

6.1 Data Processing

We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to such processing and warrant that all data provided by you is accurate and that you have the right to provide such data.

6.2 Customer Data

Your Responsibilities:

  • You retain ownership of all customer data you upload to our Service
  • You warrant that you have obtained necessary consents and permissions
  • You agree to comply with applicable data protection laws
  • You will not upload data of minors without proper authorization

Our Responsibilities:

  • We will process customer data only as instructed by you
  • We implement appropriate security measures to protect your data
  • We will assist with data subject requests as required by law
  • We will notify you of any data breaches affecting your information

6.3 Data Security

We employ industry-standard security measures including encryption, access controls, and regular security assessments. However, no system is completely secure, and you acknowledge the inherent risks of internet-based services.

7. Intellectual Property Rights

7.1 HOOOK's Intellectual Property

All content, features, functionality, and technology of our Service, including but not limited to:

  • Software code, algorithms, and AI models
  • User interfaces, designs, and graphics
  • Trademarks, logos, and branding elements
  • Documentation, tutorials, and educational materials
  • Patents, copyrights, and trade secrets

are owned exclusively by HOOOK and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

7.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service for your internal business purposes. This license does not permit you to:

  • Copy, modify, or create derivative works
  • Distribute, sublicense, or transfer rights to third parties
  • Remove or alter any proprietary notices
  • Use our intellectual property for competitive purposes

7.3 User Content

You retain ownership of content you create or upload to our Service. By using our Service, you grant us a worldwide, royalty-free license to host, store, process, and display your content solely for the purpose of providing our Service.

7.4 Feedback

Any feedback, suggestions, or ideas you provide regarding our Service become our property and may be used without compensation or attribution.

8. Third-Party Integrations and Services

8.1 Third-Party Platforms

Our Service may integrate with third-party platforms, applications, and services. These integrations are subject to the terms and policies of the respective third parties.

8.2 Your Responsibility

You are responsible for:

  • Reviewing and accepting third-party terms of service
  • Ensuring you have necessary permissions for data sharing
  • Maintaining valid credentials for connected services
  • Compliance with third-party usage policies

8.3 Disclaimer

We do not warrant the availability, functionality, or security of third-party services and disclaim liability for any issues arising from their use.

9. Service Level Agreement and Warranties

9.1 Service Availability

We target 99.9% uptime availability, calculated monthly. Planned maintenance periods are excluded from availability calculations.

9.2 Support Services

We provide customer support through multiple channels including email, chat, and phone during business hours. Premium support may be available for higher-tier subscriptions.

9.3 Warranty Disclaimer

OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability and Indemnification

10.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOOOK SHALL NOT BE LIABLE FOR:

Types of Damages:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or data loss
  • Third-party claims or actions

Damage Caps:

Our total liability for any claims related to these Terms or our Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10.2 Indemnification

You agree to indemnify, defend, and hold harmless HOOOK and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of our Service
  • Violation of these Terms
  • Infringement of third-party rights
  • Your customer data or marketing activities

11. Termination and Suspension

11.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or contacting customer support.

11.2 Termination by HOOOK

We may terminate or suspend your access to our Service immediately, without prior notice, if you:

  • Breach any provision of these Terms
  • Fail to pay applicable fees
  • Engage in prohibited activities
  • Violate applicable laws or regulations
  • Pose a security risk to our Service or other users

11.3 Effects of Termination

Upon termination:

  • Your access to the Service will cease immediately
  • You remain liable for all charges incurred prior to termination
  • We may delete your data according to our data retention policies
  • Surviving provisions of these Terms will remain in effect

11.4 Data Export

Prior to account termination, you may export your data using our available tools. We are not obligated to maintain your data after account closure.

12. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service provider failures.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [State/Country], without regard to conflict of law principles.

13.2 Dispute Resolution Process

Informal Resolution:

Before pursuing formal legal action, you agree to first contact us to attempt to resolve any disputes informally.

Binding Arbitration:

If informal resolution fails, disputes will be resolved through binding arbitration administered by [Arbitration Organization] under their rules. Arbitration will be conducted in [City, State].

Class Action Waiver:

You agree to resolve disputes individually and waive any right to participate in class actions or representative proceedings.

13.3 Exceptions

Nothing in this section prevents either party from seeking injunctive relief or pursuing claims in small claims court for matters within its jurisdiction.

14. Changes to Terms

14.1 Modification Rights

We reserve the right to modify these Terms at any time to reflect changes in our Service, legal requirements, or business practices.

14.2 Notice of Changes

We will provide notice of material changes through:

  • Email notification to your registered address
  • Prominent notice within our Service
  • Updates to the "Last Updated" date above

14.3 Acceptance of Changes

Continued use of our Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to changes, you must discontinue use of our Service.

14.4 Material Changes

For significant changes that substantially affect your rights or obligations, we will provide at least 30 days' advance notice and may require your explicit acceptance.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and HOOOK regarding your use of our Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remainder of the Terms will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Relationship of Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and HOOOK.

15.6 Survival

Provisions that by their nature should survive termination will survive, including intellectual property rights, limitation of liability, and dispute resolution.

16. Contact Information

For questions, concerns, or notices regarding these Terms of Service:

Legal Department:

  • Email: legal@hoook.io
  • Address: [Physical Address]
  • Response Time: Within 5 business days

Customer Support:

  • Email: support@hoook.io
  • Phone: [Phone Number]
  • Hours: [Business Hours and Time Zone]

Notices:

All legal notices must be sent in writing to the address above and will be deemed received when delivered by certified mail, courier service, or email with delivery confirmation.

By using HOOOK's Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.