TERMS OF SERVICE
Welcome to Haiku!
Acceptance of Terms
By using the Haiku ("Service"), you are
agreeing to be bound by the following terms and conditions ("Terms of
Service"). Haiku Systems Inc. ("Company") reserves the right to
update and change these Terms of Service without notice. Violation of any of
the terms below may result in the termination of your account.
Privacy and Communications
You acknowledge and agree that Haiku may occasionally
send you communications regarding your account or the Service via email.
See the Privacy Policy, which is incorporated into this
Agreement by reference and accessible at https://www.haiku.ai/privacy-policy.html
Accounts, Passwords, and Security
You are responsible for maintaining the security of your
account and password. The Company cannot and will not be liable for any loss or
damage from your failure to comply with this security obligation.
Acceptable Use and Conduct
You are solely responsible for your conduct and your data
related to the Service. You agree to indemnify, defend, and hold harmless Haiku
and its suppliers from any and all loss, cost, liability, and expense arising
from or related to your data, your use of the Service, or your violation of
these terms.
The Software and Service are made available to you, your
company, and/or your customers only for personal or commercial use, which use
must be in compliance with all applicable laws, rules and regulations and must
not infringe or violate third party rights.
Any unauthorized use of any Haiku Service is a violation
of this Agreement and certain federal and state laws. Such violations may
subject the unauthorized user and his or her agents to civil and criminal
penalties.
Appropriate Practices
Haiku reserves the right to terminate any account that it
finds in violation of its Terms of Use by receiving abuse complaints higher
than allowed, without refund.
Fees
Haiku will not issue refunds for unused service at any
times. Users are able to opt-in to recurring billing at a level set by the
user. At the end of the contract term, the contract will automatically renew
indefinitely until explicitly cancelled by the user. Services invoices will not
be transmitted automatically, but will be provided in PDF format upon request
from our support department.
Cancellation must be issued via the Service.
Chargeback / Refund Policy
Haiku will not, under any circumstances, issue cash refunds
for early contract cancellation. If you have a question about charges made to
your account, please contact us immediately. If the charges were made in error,
we will credit your account or credit card account for the appropriate amount.
Any customer who disputes a credit card payment that is found to be valid will
be banned from use of Haiku. Any past due fees and costs will be sent to
collections. If our collection efforts fail, unpaid debts will be reported to
all available credit reporting agencies.
No Warranties or Representations
You understand and agree that the Service is provided
"as is" and Haiku, its affiliates, suppliers and Resellers expressly
disclaim all warranties of any kind, beyond the Refund, express or implied,
including without limitation any warranty of merchantability, fitness for a
particular purpose, non-infringement or bailment of your data on Haiku's
servers. Haiku, its affiliates, suppliers and Resellers make no warranty or
representation, other than the Refund, regarding the results that may be
obtained from the use of the Service, the security of the Service, or that the
Service will meet any user's requirements beyond the Refund. Use of the Service
is at Your sole risk. You will be solely responsible for any damage to You
resulting from the use of the Service. The entire risk arising out of use,
security or performance of the Service remains with You.
Limitation of Liability
In no event shall Haiku be liable for any indirect,
special, incidental, consequential or punitive damages (including but not
limited to loss of use, loss of profits, or loss of data) whether in an action
in contract, tort (including but not limited to negligence), equity or
otherwise, arising out of or in any way connected with the use of or inability
to use this site or the materials therein or resulting from unauthorized access
to or alteration of data.
Termination of Service
We reserve the right to terminate your account at any
time. You also have the option of canceling your account at any time without
penalty. In the event of account cancellation you will
lose all data related to your account.
Conditions
We may modify or terminate our services at any time, for
any reason, and without notice. We reserve the right to modify these Terms of
Service at any time without notice. Please review these Terms of Service on
occasion as they may change in the future. We may, but have no obligation to,
remove accounts and content containing what we determine as unlawful,
offensive, threatening, defamatory, obscene or otherwise objectionable
material. We will remove content that violates any party's intellectual
property or these Terms of Service. An account terminated by Haiku will not be
backed-up for any reason and will be immediately deleted from our servers.
Intellectual Property
Haiku claims no intellectual property rights over the
material you provide to the Service. You acknowledge that Haiku owns all right,
title and interest in and to the Service, including without limitation all
intellectual property rights, and such rights are protected by U.S. and
international intellectual property laws. You agree that you will not copy,
reproduce, alter, modify, or create derivative works from the Service.
Users with questions about this Agreement or the Privacy Policy may contact
Haiku at support@haiku.ai