Terms of Service
The following terms and conditions govern all use of the Heap Labs LLC ("Heap Labs LLC ”) website and all content, services and products available at, or through, the Heap Labs LLC domain Hatchedwith.com (the “Website”), including, but not limited to, the Hatchedwith user management service (collectively with the Website, the “Services”). The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by Heap Labs LLC (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by Heap Labs LLC, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
1. Your Heap Labs LLC Account.
If you create an account for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Heap Labs LLC of any unauthorized uses of your account or any other breaches of security. Heap Labs LLC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction and in the United States (including but not limited to copyright or trademark laws). You must not create more than one account.
2. Payment and Renewal.
Optional paid services, such as extra capacity, are available on the Services (any such optional services, an "Upgrade"). By selecting an Upgrade, you agree to pay Heap Labs LLC the monthly or annual subscription fees indicated for that Upgrade (additional payment terms are described below). Payments will be charged on a prepaid basis on the day you sign up for an Upgrade and will cover the use of that Upgrade for a monthly or annual subscription period, as requested by you. Upgrade fees are non-refundable. To prevent fraud, we might temporarily disable your account after an upgrade to perform a manual verification.
Unless you notify Heap Labs LLC before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you.
3. Heap Labs LLC
Fees and payment.
By signing up for a Heap Labs LLC account, you agree to pay Heap Labs LLC the monthly or annual subscription fees published on the Website as of when you registered for the Services. Applicable fees will be invoiced starting from the day your paid account is established and in advance of using the paid Services. Your monthly or annual subscription will automatically renew unless you cancel it. Heap Labs LLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless mentioned otherwise, the prices do not include taxes. Heap Labs LLC might change the amount charged for an ongoing subscription if we're required by law to collect new taxes.
Cancellations and Refunds.
Heap Labs LLC does not provide refunds to users who request cancellation of Services, regardless of the reason for the request. You may cancel your account at any time via email to Heap Labs LLC or in the Settings section of your account's dashboard. If you cancel paid Services, the cancellation will take effect at the end of your current billing period. Thereafter, Heap Labs LLC will cease charging you for paid services and will disable your paid account.
The Services includes access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Heap Labs LLC to respond within three business days) concerning the use of the Services. All Heap Labs LLC support will be provided in accordance with Heap Labs LLC standard practices, procedures, and policies.
Damage and liability.
You expressly understand and agree that Heap Labs LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if Heap Labs LLC has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Heap Labs LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Services (or any part thereof) with or without notice, for any or no reason.
By creating an account, you grant Heap Labs LLC a perpetual worldwide license to use your company's name and logo(s) for the sole purpose of Heap Labs LLC’s marketing and sales efforts, such as listing you as a Heap Labs LLC customer on the Website. You may revoke this license at any time by notifying Heap Labs LLC via email.
5. Copyright Infringement.
As Heap Labs LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Heap Labs LLC violates your copyright, you are encouraged to notify Heap Labs LLC. Heap Labs LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Heap Labs LLC will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Heap Labs LLC or others.
6. Intellectual Property.
Heap Labs LLC does not transfer to you any Heap Labs LLC or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Heap Labs LLC. Heap Labs LLC, the Heap Labs LLC logo, and all other trademarks, service marks, graphics and logos used in connection with Heap Labs LLC, or the Services are trademarks or registered trademarks of Heap Labs LLC or Heap Labs LLC licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Heap Labs LLC or third-party trademarks.
7. Use License.
Under this license you may not:
- To build a similar or competitive service.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
- To impersonate or attempt to impersonate Heap Labs LLC, a Heap Labs LLC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Heap Labs LLC or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Heap Labs LLC's prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attempt to decompile or reverse engineer any software contained on the Website or API.
- Otherwise attempt to interfere with the proper working of the Website.
- Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by Heap Labs LLC at any time, in its sole discretion.
Heap Labs LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Heap Labs LLC may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Heap Labs LLC may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. In the case of a paid account, Heap Labs LLC will refund the unused portion of your prepaid subscription amount within thirty (30) days, which will be paid to the same payment method you used to open the account.
If you wish to terminate this Agreement, you may simply discontinue using the Services.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Sections 6, 10, 11, and 13.
10. Disclaimer of Warranties.
The Services is provided “as is”. Heap Labs LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Heap Labs LLC nor its suppliers and licensors, makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
11. Limitation of Liability.
In no event will Heap Labs LLC, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Heap Labs LLC under this Agreement during the twelve (12) month period prior to the cause of action. Heap Labs LLC shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You agree to indemnify and hold harmless Heap Labs LLC, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
14. Governing Law.
All matters relating to the Website and these Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction).