legal
Terms of Service
Effective date: [EFFECTIVE DATE] · Last updated: [EFFECTIVE DATE]
[bracketed] placeholders throughout must be completed
and the whole document reviewed by qualified counsel before you rely on it. See the full source with
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legal/TERMS_OF_SERVICE.md
in this repository.
1. Who these Terms apply to
These Terms of Service (“Terms”) are a legal agreement between you (“you” or “Customer”) and [COMPANY LEGAL NAME], registered in [COMPANY REGISTRATION JURISDICTION] at [COMPANY ADDRESS] (“Hearth,” “we,” “us”), governing your access to and use of the Hearth object storage platform, dashboards, APIs, and documentation (the “Service”).
By creating an account or using the Service you accept these Terms for yourself and, if acting for an organization, on its behalf. If you are a consumer with non-waivable statutory rights (e.g. under EU, UK, or Australian law), nothing here limits those rights.
2. Eligibility
You must be at least 18, or the age of majority in your jurisdiction if higher, with capacity to contract. The Service is intended for business and professional use and is not directed at children.
3. Accounts and security
You are responsible for the accuracy of your account information, for safeguarding your credentials and API keys, and for activity under your account. Notify [SECURITY CONTACT EMAIL] promptly of any suspected unauthorized use. We may require additional verification and may suspend fraudulent or violating accounts, subject to Section 12.
4. The Service
Hearth provides object storage capacity and the tools to upload, retrieve, manage, and delete data you store with us (“Customer Data”). Features and behavior are described in our documentation, incorporated by reference. Except as stated in an applicable SLA, the Service is provided without warranty of a particular availability level, subject to Section 11.
5. Acceptable use
You will not use the Service, or allow Customer Data to be used, to: store or distribute content illegal where stored or accessed (including CSAM, infringing content, or sanctions violations); transmit malware or attack the Service; gain unauthorized access; reverse engineer the Service except where law prohibits this restriction; resell the Service without consent; or otherwise break applicable law. We may investigate and take action — removal, throttling, suspension, or termination — using reasonable efforts to notify you first, unless prohibited or urgent.
6. Customer Data
You retain all ownership of Customer Data. You grant us a limited license to host, cache, transmit, and display it solely to provide and secure the Service. You are responsible for its legality and your own backups and access controls. Deletion requests are processed per our documentation; after account closure we delete or anonymize remaining data within the period in our documentation or Data Processing Addendum (“DPA,” at [DPA URL]), except where retention is legally required. Where Customer Data includes personal data of individuals, you are the controller and we act as processor under the DPA.
7. Fees and payment
Fees follow our pricing page or order form and are generally non-refundable except as required by law. Fees exclude taxes, which you are responsible for. We may change fees prospectively; continued use after the effective date constitutes acceptance for future usage. Non-payment may lead to suspension after reasonable notice, subject to Section 12.
8. Intellectual property
The Service, excluding Customer Data, is owned by us or our licensors. No rights are granted beyond those expressly stated. Feedback you provide may be used by us without restriction.
9. Third-party services and subprocessors
The Service relies on subprocessors to operate. A current list material to personal-data processing is at [SUBPROCESSOR LIST URL]. We remain responsible for subprocessors' performance of obligations carried out on our behalf.
10. Service levels and support
Uptime commitments, credits, and support targets are set out in the SLA applicable to your plan, at [SLA URL]. Absent a specific SLA, the Service is provided on a reasonable-efforts basis.
11. Warranties and disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement, and without warranting uninterrupted, error-free, or fully secure operation. Nothing here excludes a warranty that cannot lawfully be excluded, including statutory consumer guarantees in Australia, the EU/EEA, the UK, or elsewhere.
12. Suspension and termination
You may close your account at any time via the dashboard or [SUPPORT EMAIL]. We may suspend or terminate immediately for material breach (including Section 5), legal requirement, or to prevent harm, and may terminate for convenience on [NOTICE PERIOD] prior notice, providing reasonable export assistance beforehand. Sections 6, 8, 11, 13, 14, and 17 survive termination.
13. Limitation of liability
To the maximum extent permitted by law: neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, data, or goodwill; and each party's total liability is capped at the amounts you paid us for the Service in the 12 months before the claim arose. These limits do not apply to indemnification obligations, gross negligence, willful misconduct or fraud, your payment obligations, or liability that cannot be limited by law.
14. Indemnification
You will indemnify us against third-party claims, damages, and reasonable expenses arising from your breach of these Terms, misuse of the Service, or Customer Data that infringes third-party rights or violates law, except to the extent caused by our breach.
15. Export control and sanctions
You represent you are not located in a comprehensively sanctioned country or region and are not on an applicable restricted-party list, and will comply with export control and sanctions law in your use of the Service.
16. Changes to these Terms
We may update these Terms, giving at least [14] days' notice of material changes. Continued use after the effective date constitutes acceptance; otherwise you may close your account before the changes apply.
17. Governing law and disputes
These Terms are governed by the laws of [GOVERNING LAW JURISDICTION], excluding conflict-of-laws rules and the CISG. Subject to any non-waivable right to bring a claim locally or to a regulator, the parties submit to the exclusive jurisdiction of the courts of [DISPUTE VENUE]. EU/EEA and UK consumers may also bring proceedings in their country of residence and may use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
18. Miscellaneous
These Terms, any order form, the DPA, and referenced documents are the entire agreement and supersede prior agreements on the subject. Unenforceable provisions are severed without affecting the rest. Failure to enforce a provision is not a waiver. You may not assign these Terms without consent, except to a successor in a merger or asset sale; we may assign similarly. Neither party is liable for delay caused by circumstances beyond its reasonable control. We may give notices via the email or in-product notifications on your account.
19. Contact us
Questions about these Terms: [LEGAL CONTACT EMAIL] or by mail to [COMPANY LEGAL NAME], [COMPANY ADDRESS].