Terms of Service

The agreement

These Terms of Service (the "Terms") are an agreement between you, or the organisation you represent ("you"), and HotHawk Ltd, a company registered in England and Wales (company number 14998792), registered office 27/28 Gelliwastad Road, Pontypridd, Wales, CF37 2BW ("HotHawk", "we", "us"). They govern your use of the HotHawk website and application (the "Service").

By creating an account or using the Service, you accept these Terms and ourPrivacy Policy. If you use the Service on behalf of an organisation, you confirm you have authority to bind that organisation. HotHawk is a business tool intended for use by businesses, not consumers.

Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. Accounts are for genuine human users; you may not create accounts by automated means. You are responsible for keeping your login credentials secure and for all activity that takes place under your account. Tell us promptly at support@hothawk.ai if you suspect any unauthorised use. We are not liable for losses caused by your failure to keep your account secure.

The Service

HotHawk lets you connect your own sending mailboxes, upload your own contacts, and run outbound email campaigns from those mailboxes, manage replies, and view reporting. You bring your own mailboxes and your own contact data; HotHawk does not provide mailboxes or contact data, and does not sell data. We may add, change, or remove features over time to improve the Service.

Acceptable use

You are responsible for everything you send through the Service and for ensuring it is lawful. This section is important: it protects other users, the deliverability of the platform, and HotHawk. We may suspend or terminate your account for breach of it.

Compliance with email and marketing laws

You must comply with all laws that apply to your messages, in every country you send to and from. These include, without limitation:

• the UK Privacy and Electronic Communications Regulations (PECR) and UK GDPR;
• the EU ePrivacy rules and EU GDPR, including national variations that may require consent;
• the US CAN-SPAM Act, including accurate header and sender information, no deceptive subject lines, a valid physical postal address, and a working opt-out honoured promptly;
• Canada's Anti-Spam Legislation (CASL), which generally requires consent before sending and carries significant penalties;
• Australia's Spam Act; and
• any other applicable marketing, privacy, and electronic-communications laws.

You confirm that, for every contact you email, you have a lawful basis to do so, that you will identify yourself accurately, and that you will provide and honour a clear way to opt out.

Prohibited uses

You must not use the Service to:

• send unlawful, deceptive, harassing, fraudulent, infringing, or harmful content, including phishing or malware;
• send to people who have opted out, or use contact lists you have no lawful right to use;
• falsify sender, header, or routing information, or impersonate any person or organisation;
• abuse, game, or interfere with the mailbox warmup pool, inbox rotation, or sending limits;
• exceed the rate limits of our API or Claude connector, or use them to disrupt the Service;
• reverse engineer, decompile, scrape, or copy the Service, or use it to build a competing product;
• probe, scan, or test the security of the Service without our written permission; or
• resell or make the Service available to third parties, except through features (such as our client portal) that expressly allow it.

You are solely responsible for any breach of this section, and HotHawk is not liable for your messages or your use of the Service.

Your data and compliance responsibilities

For the contacts and content you upload, and the replies you receive, you are the data controller and HotHawk is your processor. The way we process that data is set out in ourData Processing Agreement, which forms part of these Terms for customers who process personal data through the Service.

You represent and warrant that:

• you have a lawful basis and all necessary rights, consents, and notices to process and email your contacts;
• your data was lawfully obtained and you will keep it accurate and up to date;
• you will handle requests from your contacts to exercise their data rights; and
• your use of the Service complies with all laws that apply to you.

You are responsible for the legality of your data and your campaigns. We rely on these confirmations when we process data on your behalf.

Plans, billing, and payment

Paid plans are billed in advance on a recurring basis (monthly or as otherwise stated at purchase) and are metered on the number of emails sent, with optional add-ons for additional sends. Sending allowances reset each billing cycle and do not roll over. Prices are stated exclusive of tax, and you are responsible for any VAT, sales tax, or other taxes that apply; where required, we will add VAT.

Your subscription renews automatically at the end of each billing cycle until you cancel. You can cancel at any time from within your account, and cancellation takes effect at the end of your current paid cycle. Upgrades take effect immediately; downgrades take effect at the end of the cycle. Except where required by law or expressly stated, payments are non-refundable and we do not provide prorated refunds for partial cycles.

We may change our prices. For existing paid subscriptions, we will give you at least 30 days' notice before a price increase takes effect, and you may cancel before it does. If a payment fails, we may suspend the Service until payment is made.

Lifetime and perpetual plans

From time to time we have offered, and may offer, "lifetime" or perpetual-access plans (for example our beta Business and Agency lifetime plans). The following terms apply to them.

• What "lifetime" means. "Lifetime" means for as long as HotHawk continues to offer the Service. It does not mean your personal lifetime, and it does not guarantee that the Service, a plan, or any specific feature will be offered indefinitely.
• Fair use. Lifetime plans are subject to the same acceptable-use and reasonable fair-use limits as other plans, and exclude features or add-ons that are separately priced.
• Availability. We may stop selling lifetime plans at any time, including once a sales threshold is reached.
• Non-transferable. Lifetime plans are personal to the account holder and may not be sold, transferred, or assigned to anyone else.
• Refunds. Lifetime plans purchased during beta are refundable only up to public launch and for 14 days afterwards. After that, they are non-refundable.
• Discontinuation. If we discontinue the Service or a lifetime plan, we will give reasonable notice and a chance to export your data. Beta lifetime plans are provided on an "as is" basis and their features may change.
• Change of control. If HotHawk is sold or merged, these lifetime terms may be performed by, or transferred to, the successor, or the discontinuation terms above may apply.

Free trials

We may offer a free trial (currently 7 days, with no card required to start). Trials are provided as is. We may change or withdraw trial terms at any time. Unactivated trial accounts may be deleted as described in our Privacy Policy.

Intellectual property

You keep your data and content. As between you and us, you own the contacts, content, and campaigns you put into the Service. You grant us a limited, worldwide licence to host, process, and transmit that data only as needed to provide the Service to you and as set out in our Data Processing Agreement.

We keep our software. HotHawk and all related software, design, trademarks, and content are owned by HotHawk Ltd or our licensors. We grant you a non-exclusive, non-transferable, revocable right to use the Service in line with these Terms, and nothing here transfers ownership of our intellectual property to you.

Feedback. If you send us ideas or feedback, we may use them freely, without any obligation or payment to you.

Use of your name and logo

If you are a paying customer, you grant us the right to use your company name and logo to identify you as a HotHawk customer in our marketing materials, including on our website. This right applies during your paid subscription and for a period of up to six months after it ends. We will use your name and logo in a way that is consistent with any brand guidelines you provide to us.

Third-party services

The Service connects to and relies on third-party services, including Google, Microsoft, Stripe, and, where you enable them, Anthropic (Claude), HubSpot, Salesforce, HeyReach, and OutboundSync. Your use of those services is governed by their own terms, and you are responsible for complying with them (for example the sending and use policies of your mailbox provider). We are not responsible for third-party services, and we are not liable for their acts, omissions, availability, or changes.

Suspension and termination

You may stop using the Service and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, use the Service unlawfully or in a way that creates risk for us or others, or where we are required to by law. Where practical and appropriate, we will give notice, but serious breaches (including breaches of the acceptable use section) may lead to immediate suspension.

On termination, your right to use the Service ends. We will make your data available for export for a reasonable period and then delete it, as described in our Privacy Policy and Data Processing Agreement. Terms that by their nature should survive termination (including those on intellectual property, liability, indemnity, and governing law) will continue to apply.

Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we make no warranties of any kind, whether express or implied, including any implied warranties of satisfactory quality, fitness for a particular purpose, or non-infringement.

In particular, we do not guarantee that any email will reach a recipient's inbox, avoid spam filters, or produce any particular result, and we do not warrant that the Service will be uninterrupted, secure, or error-free. Deliverability depends on many factors outside our control, including your sending practices, your content, your data, and the policies of mailbox providers. Beta and experimental features are provided as is and may change or be withdrawn.

Limitation of liability

Nothing in these Terms limits or excludes either party's liability where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and for any other liability that cannot be limited or excluded under applicable law.

Subject to the paragraph above, and to the fullest extent permitted by law:

• we are not liable for any indirect or consequential loss, or for loss of profits, revenue, business, anticipated savings, goodwill, or data; and
• our total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), or otherwise, is limited to the total fees you paid to us for the Service in the 12 months immediately before the event giving rise to the claim.

You agree that these limits are reasonable given the nature of the Service and the fees charged.

Indemnification

You agree to indemnify and hold harmless HotHawk Ltd and its officers, employees, and agents from and against any claims, losses, liabilities, fines, damages, and reasonable costs (including legal fees) arising out of or in connection with: your data; the emails and campaigns you send; your breach of the acceptable use section, these Terms, or any law; or any claim brought against us by a recipient, regulator, or third party in connection with your use of the Service.

Changes

We may update these Terms from time to time. When we make material changes, we will update the date at the top and, where appropriate, notify you. Your continued use of the Service after a change takes effect means you accept the updated Terms. We may also change or discontinue parts of the Service, as described above.

Governing law and disputes

These Terms, and any dispute arising out of or in connection with them, are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer rather than a business, you may have additional rights under the law of your country of residence that cannot be excluded, and nothing in these Terms removes those rights. We encourage you to contact us first at support@hothawk.ai so we can try to resolve any issue.

General terms

• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Assignment. You may not assign these Terms without our consent. We may assign them, including to a successor in connection with a merger, acquisition, or sale of assets.
• Entire agreement. These Terms, together with the Privacy Policy and, where applicable, the Data Processing Agreement, are the entire agreement between you and us about the Service.
• Severability. If any provision is found unenforceable, the rest of the Terms continue in force.
• No waiver. If we do not enforce a right, that is not a waiver of it.
• Notices. We may give you notice through the Service or by email. You can reach us at support@hothawk.ai.