Terms of Service

Platform Role Disclaimer

Hitbook is a software platform that provides tools, workflows, communication features, discovery features, and community infrastructure. Hitbook is not a party to any agreements, transactions, jobs, engagements, or disputes between you and your clients, customers, freelancers, crew members, or other third parties. Hitbook does not guarantee the quality, safety, legality, or timely delivery of any services performed by or for users of the platform. You are solely responsible for your own business dealings, contractual relationships, and compliance with applicable laws.

Without limiting the foregoing, Hitbook is not responsible for:

• Work quality, delivery timelines, non-performance, or cancellations in connection with user business relationships
• Payment disputes, refunds, chargebacks, or non-payment between users and their clients or service providers
• Copyright, intellectual property, or privacy disputes between users and third parties
• The accuracy, truthfulness, or completeness of any user's professional profile, portfolio, credentials, or business claims
• Any aspect of any transaction, agreement, or interaction between users or between users and their clients

No Professional Advice

Hitbook does not provide legal, tax, accounting, compliance, HR, employment, financial, or other professional advice. All templates, contracts, workflows, AI outputs, and suggestions provided through the platform are offered for convenience only and do not constitute professional advice. You should consult with qualified professionals (legal counsel, accountants, tax advisors, etc.) for matters that require professional expertise.

Feature & Plan Variation

Features, functionality, and integrations may vary by subscription plan, platform (web, mobile, desktop), geographic region, device, browser, or rollout stage. Not every feature is guaranteed to be available on every platform, in every region, or at every subscription tier. We may add, modify, limit, or remove features, plans, pricing tiers, or usage limits at our discretion, with reasonable notice when feasible.

Platform Role

• Tool Provider Only: The client portal is a tool provided to you (the business user) for managing your relationship with your clients. Hitbook is not a party to the underlying business relationship between you and your clients or customers.
• Your Responsibility: You are solely responsible for all content you send, share, display, request, collect, or ask clients to approve or sign through the portal, including but not limited to: proposals, contracts, invoices, payment requests, project details, galleries, files, messages, and any other communications or documents.
• No Hitbook Liability for Business Dealings: Hitbook is not responsible for any promises, pricing, deliverables, approvals, contracts, files, business communications, or representations you make to your clients through the portal. Any disputes between you and your clients are solely between you and them.

Document & Signature Responsibility

• Your Documents: You are solely responsible for ensuring that all documents, agreements, signature flows, notices, and communications you create, send, or use through the portal are lawful, accurate, and appropriate for your specific use case and jurisdiction.
• No Legal Sufficiency Guarantee: Hitbook does not guarantee the legal sufficiency, enforceability, or appropriateness of any specific document, template, or signature flow used through the portal. You should consult with a qualified legal professional regarding your specific requirements.
• Not Legal Advice: Hitbook does not provide legal advice through the portal, its templates, or its document tools. All templates and workflows are provided for convenience only.

Client Data Responsibility

When you use the portal to collect, store, or process personal data about your clients, contacts, or other individuals, you are the data controller for that data. You are solely responsible for providing appropriate privacy notices, obtaining required consents, and ensuring you have a lawful basis for processing personal data through the portal. See our Privacy Policy for details on the controller/processor relationship.

Platform Variations

• Feature Availability: Features, functionality, workflows, and user interface elements may vary by platform, subscription plan, geographic region, device, browser, operating system, or rollout stage. Not all features are available on every platform at all times.
• Cross-Platform Synchronization: Data, statuses, notifications, messages, uploads, signatures, approvals, and updates may synchronize or display differently or at different times across platforms. Hitbook does not guarantee immediate, identical, or uninterrupted synchronization across all platforms at all times.
• Marketing Content: The marketing website (hitbook.io) may include descriptive and promotional content, landing pages, and lead-capture forms. Not every feature described on marketing pages is necessarily available to every user, on every platform, in every region, or under every plan at all times. These Terms and the legal documents referenced herein apply to the relevant services you actually use.

Automatic Renewal

All subscriptions renew automatically at the end of each billing cycle (monthly or annual) unless you cancel before the renewal date. You authorize us to charge the applicable subscription fee to your payment method on file at each renewal.

Fees & Payment

• You agree to pay all fees associated with your selected subscription plan and to provide accurate, current billing information
• We may change subscription prices with at least 30 days' advance notice. Price changes take effect at the start of your next billing cycle after the notice period
• If your payment method fails, we may suspend or downgrade your access until payment is resolved

Cancellation & Refunds

• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation stops future renewals only. Your access continues through the end of the already-paid billing period.
• Monthly Plans: No partial refunds are provided for unused time within a monthly billing cycle once the billing period has begun.
• Annual Plans: Annual subscriptions are billed in advance for the full year. If you cancel during an annual term, your access continues until the end of that annual period. No partial or prorated refunds are provided for the remainder of the annual term.
• Consumer Protection: Nothing in these Terms limits any mandatory refund or cancellation rights you may have under applicable consumer protection law.

Free Trials

If you start with a free trial, you will be charged at the applicable subscription rate at the end of the trial period unless you cancel before the trial ends. We will clearly disclose the trial duration and the applicable subscription fee before you begin.

In-App Purchases

• App Store Purchases: Subscriptions and credits may also be purchased through the Apple App Store or Google Play Store. In-app purchase transactions are processed by and subject to the terms and refund policies of the respective app store.
• App Store Refunds: Refund requests for purchases made through the Apple App Store or Google Play Store must be submitted through the respective app store's refund process. Hitbook does not process refunds for app store transactions directly.
• One-Time Purchases: Certain one-time credit purchases (such as SOS credits) are non-refundable once activated or used.

Content Ownership & License Grant

You retain ownership of the User Content you create and submit to the Service. However, by posting, uploading, sharing, or otherwise making User Content available through the Service, you grant HITBOOK INC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, create derivative works from, display, publish, distribute, perform, process, and make available your User Content in any media formats and through any channels, solely as necessary to operate, provide, improve, promote, and protect the Service.

This license includes the right to:

• Display your content to other users of the Service (e.g., in the community feed, search results, or your profile)
• Process and format your content for technical compatibility (e.g., generating thumbnails, resizing images, transcoding video)
• Use your content in connection with promoting or marketing the Service (e.g., featured posts, testimonials), provided we attribute such content to you where reasonably practicable
• Store and reproduce your content on our infrastructure and through our third-party hosting providers

This license survives deletion of your account or specific content to the extent reasonably necessary for: (a) backup, archival, and disaster recovery systems where immediate deletion is not technically feasible; (b) complying with legal retention obligations; (c) copies or re-shares already made by other users before deletion; and (d) technical operation of the Service during any processing delay.

User Content Representations & Warranties

By submitting User Content, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, consents, and permissions to submit and share the content, including from any individuals appearing in photos or videos
• Your content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other legal rights
• Your content does not violate any applicable law, regulation, or contractual obligation
• Your content does not contain false, misleading, or deceptive information
• You have obtained any required model releases, location permits, or third-party consents for content featuring identifiable individuals, private property, or third-party works

Content Standards & Prohibited Content

You agree not to submit User Content that:

• Is illegal, defamatory, libelous, threatening, harassing, abusive, or hateful
• Is sexually explicit, obscene, or exploitative, or depicts or promotes the exploitation of minors
• Promotes violence, terrorism, self-harm, or illegal activity
• Infringes or misappropriates intellectual property, privacy, or publicity rights
• Contains spam, misleading claims, deceptive practices, or unauthorized advertising
• Impersonates another person, entity, or Hitbook representative
• Introduces malware, viruses, or malicious links
• Constitutes manipulative or deceptive community behavior
• Contains false, misleading, or unsubstantiated professional claims, credentials, endorsements, or business representations
• Publishes or shares personal data, private information, or confidential information of another person without their explicit consent
• Constitutes or facilitates fraud, phishing, scams, or deceptive solicitation
• Abuses community or forum features for purposes inconsistent with professional knowledge-sharing and constructive interaction
• Violates the professional standards of the Hitbook community or our Community Guidelines

Embedded & Third-Party Content

The community feed and other areas of the Service allow you to embed content from third-party platforms, including Instagram, Facebook, TikTok, LinkedIn, YouTube, and Vimeo. You acknowledge and agree that:

• Embedded third-party content remains subject to the originating platform's terms of service, privacy policy, and content policies
• Hitbook does not host, control, endorse, or guarantee the availability of embedded third-party content
• Third-party content may be removed, restricted, or become unavailable due to the originating platform's policies, API changes, account actions, or technical issues
• You are solely responsible for ensuring you have the right to embed, share, or link to third-party content
• Hitbook may remove or disable embedded content at its discretion, including in response to reports, legal notices, or third-party requests

Public Visibility, Discoverability & Interaction Risks

Content you post in the community feed, your professional profile, shared albums, and other community-facing areas may be visible to other Hitbook users and, depending on the feature and your settings, may be discoverable through search or browsing. You acknowledge that:

• Other users may view, react to, comment on, share, screenshot, or otherwise interact with your public-facing content
• Once content is shared publicly, it may be copied, referenced, or re-shared by others before you can delete it
• You are solely responsible for what you choose to make visible, share, or publish through the Service
• Hitbook is not responsible for how other users or third parties view, use, respond to, or interact with your public-facing content, subject to applicable law

Moderation & Enforcement

• Discretionary Moderation: We reserve the right to review, monitor, edit, remove, hide, restrict, de-rank, or disable any User Content at our sole discretion, without prior notice, for any reason, including but not limited to reported violations, legal concerns, or platform integrity. We may also restrict, suspend, or terminate your ability to post or interact with content.
• No Monitoring Obligation: Hitbook has no obligation to prescreen, monitor, review, or moderate all User Content. Our decision not to remove or act on specific content does not constitute endorsement, approval, or a waiver of our right to act in the future.
• Reporting: You can report inappropriate content directly through the platform. Reports are categorized by type, including: copyright violation, harassment or bullying, hate speech, nudity or sexual content, violence or dangerous content, scam or fraud, spam or misleading content, fake identity, and privacy violation.
• Automated Content Protection: Posts that receive multiple reports from different users may be automatically hidden from the community feed pending review.
• No Review Guarantee: We do not guarantee review of all reported content, specific response times for reports, or that all reported content will be acted upon. Moderation decisions are made at our sole discretion.

No Endorsement & Platform Liability

Hitbook does not endorse, verify, screen, or assume any responsibility for any User Content. All posts, comments, reactions, albums, media, embedded content, and discussions are the sole responsibility of the user who submitted them. Views, opinions, advice, recommendations, offers, and information expressed in User Content are those of the individual authors and do not represent the views, positions, or recommendations of HITBOOK INC.

Without limiting the foregoing:

• Hitbook is not responsible for the accuracy, reliability, completeness, or legality of any User Content
• Hitbook is not responsible for any statements, offers, representations, or professional claims made by users in community posts, comments, or profile content
• Hitbook is not responsible for any business decisions, transactions, or consequences arising from reliance on User Content
• Hitbook is not liable for content that remains visible after being reported, for delays in reviewing reports, or for content viewed or copied before removal

To the fullest extent permitted by applicable law, Hitbook acts as a platform provider and is not liable for User Content. We process valid copyright infringement notices in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA) where applicable.

Takedown Requests & Complaint Handling

Hitbook takes complaints about unlawful, infringing, or harmful content seriously. If you believe content on the platform violates your rights or applicable law, you may submit a complaint as follows:

• Copyright/IP Complaints: If you believe your copyrighted work or other intellectual property has been infringed, please send a notice to legal@hitbook.io that includes: (a) identification of the copyrighted work, (b) identification of the allegedly infringing content with sufficient detail to locate it, (c) your contact information, (d) a statement that you have a good faith belief the use is unauthorized, and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the rights holder. We process copyright notices in accordance with the DMCA and other applicable laws.
• Privacy Complaints: If content on the platform includes your personal data, private information, or likeness without your consent, please contact privacy@hitbook.io with details of the content and your concern.
• Other Complaints: For all other content complaints (harassment, fraud, impersonation, etc.), use the in-app report button on any post or comment, or contact support@hitbook.io.

Hitbook reserves the right to remove, disable, or restrict access to content at any time, with or without notice, where we determine in our sole discretion that content may violate these Terms, our Community Guidelines, applicable law, or third-party rights. We may also forward complaints to law enforcement where we believe content may constitute a criminal offense.

Your Content License

You retain all ownership rights to the content you create and upload to the Service, including gallery media, contracts, project data, community posts, and profile information. By uploading or submitting content, you grant HITBOOK INC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, process, adapt, modify, publish, display, distribute, and make available your content solely as necessary to operate, provide, improve, and promote the Service.

This license terminates when you delete specific content or close your account, except that it shall survive to the extent reasonably necessary for: (a) backup, archival, and disaster recovery systems where immediate deletion is not technically feasible; (b) complying with legal retention obligations; (c) copies, re-shares, or references already made by other users or recipients before deletion; and (d) ongoing technical operation of the Service during any processing delay. No additional compensation shall be due to you for the use of your content under this license.

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you agree that we may use such feedback without restriction, obligation, or compensation to you. Feedback does not create any confidentiality obligation on our part.

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or availability. Hitbook does not warrant that the Service will be uninterrupted, error-free, secure, timely, or free from viruses or other harmful components.

Exclusion of Damages

To the maximum extent permitted by applicable law, HITBOOK INC, its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, however caused and under any theory of liability (including contract, tort, negligence, strict liability, or otherwise), including but not limited to:

• Loss of profits, revenue, business, or anticipated savings
• Loss of data, files, media, contracts, or business records
• Business interruption, downtime, or inability to access the Service
• Reputational harm or loss of goodwill
• Damages arising from AI-generated content, suggestions, or analysis
• Damages arising from third-party service outages, failures, or changes
• Damages arising from user-generated content, community posts, or communications
• Damages arising from integration failures, sync errors, or upload/download issues
• Damages arising from file storage, corruption, or accidental deletion
• Damages arising from contracts, e-signatures, or document workflows
• Damages arising from communication delivery failures (messaging, notifications, emails, SMS)
• Damages arising from disputes between users and their clients, customers, crew, or third parties

This exclusion applies even if HITBOOK INC has been advised of the possibility of such damages.

Liability Cap

Our total aggregate liability for all claims arising from or relating to these Terms, the Service, or your use thereof shall not exceed the total amount you actually paid to HITBOOK INC in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees, our maximum aggregate liability shall not exceed fifty US dollars (US $50).

No Uptime Guarantee

Hitbook does not guarantee uninterrupted, continuous, or error-free operation of the Service. The Service may be subject to scheduled maintenance, unscheduled downtime, performance degradation, or temporary unavailability. We do not guarantee:

• Specific uptime percentages or availability commitments
• Always-successful synchronization of data across devices
• Guaranteed delivery of messages, notifications, emails, SMS, or push notifications
• Guaranteed response times for customer support
• Compatibility with every device, browser, operating system, or platform version
• Availability of every feature in every region, platform, or subscription tier

Third-Party Service Dependencies

The Service relies on third-party infrastructure and service providers, including but not limited to cloud hosting (Google Cloud Platform), file storage (Cloudflare), payment processing (Stripe), messaging infrastructure (Pusher), notification delivery (Firebase), SMS delivery (Twilio), email delivery (SendGrid), AI processing (Google Gemini), social messaging (Meta), and error monitoring (Sentry). You acknowledge that:

• Third-party outages, API changes, rate limits, policy changes, account suspensions, or service discontinuations may temporarily or permanently affect platform functionality
• Hitbook is not responsible for failures, delays, data loss, or service disruptions caused by third-party service providers
• Features dependent on third-party services may be modified, degraded, or discontinued if the underlying third-party service changes or becomes unavailable
• You are responsible for complying with the terms of service of any third-party services you connect to or use through the platform (e.g., Google Calendar, Google Drive, Meta Business accounts)