Subscriber Terms of Service
Last updated: March 16, 2023
The following terms and conditions (the “Subscriber Terms”) apply when you subscribe to a paid hokeX subscription service, including a hokeX paid subscription (the “Subscription Services”). By subscribing, you consent to these Subscriber Terms.
Please read the Subscriber Terms carefully. If you do not agree with or accept any part of these Subscriber Terms, you should not sign up for a Subscription.
IMPORTANT ARBITRATION NOTICE: IF YOU ARE IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND HOKEX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Subscription Services & Conditions.
1.1 Subscription Services.
hokeX: A Subscription to hokeX grants you certain privileges, such as increased messaging capacity beyond what is offered in the free version of the hokeX service. hokeX has a set monthly message usage limit for specific bots, including GPT4 by OpenAI and Claude 1.2 by Anthropic. Subscribers will receive 300 GPT4 and 1000 Claude 1.2 messages per month. After reaching these message limits, messaging speed, bot availability, or quality may be reduced. The monthly message limit will be displayed at the time you purchase a hokeX Subscription. You can check your monthly message usage by visiting Settings in the hokeX app. Message usage limits reset monthly on the anniversary of your hokeX Subscription purchase.
Your access and use of Subscription Services are subject to the following conditions:
- Receipt by hokeX of timely payment of any Subscription fees. As described in Section 2, you will not have access to Subscription Services if you cancel or fail to pay for a Subscription, including if your payment method becomes invalid.
You will maintain adequate security measures for your account and may not share your hokeX account password with someone else to allow them to access the Subscription.
Except as permitted by the Terms of Service and Participating Creators, you may not sell, rent, sub-license, or lend Subscription Content.
You are responsible for maintaining the security and accuracy of your hokeX account, and you will be charged for any Subscriptions placed on or through your hokeX account, including without limitation Subscriptions placed without sufficient authorization, or through mistake or error.
You will not present any false, inaccurate, or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Subscription Services or content available within the Subscription Services.
2. Payments and Billing.
Fees. All fees and charges will be described to you when you sign-up for a Subscription Service. You agree to pay the price stated at the time of purchase, as well as any applicable taxes. You also agree to the billing frequency as stated at the time of purchase.
Taxes. If hokeX is required to collect or pay any taxes in connection with your purchase of a Subscription, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. The Subscription fees will not include Value Added Tax (“VAT”) or Goods & Services Tax (“GST”). If you subscribed via a third party, such as Apple or GooglePlay, taxes, including VAT or GST, may be collected upon purchase. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Subscriptions. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
You represent and warrant that you have the legal right to use any payment method used by you in connection with any Subscription.
Currencies. All prices are in United States Dollars or another currency specified by hokeX at the time of purchase. The currency used to charge you for Subscription payments depends on the billing country where your payment method is located. You agree to and acknowledge that hokeX cannot control any currency conversion or foreign transaction fees that may be charged to you by your card issuer or bank for your Subscription payment.
Restricted Countries. There may be countries that restrict or prohibit your ability to make payments through the hokeX Platform or third-parties, such as Apple or GooglePlay. Nothing in these Subscriber Terms should be interpreted to override or circumvent any such foreign laws.
Unauthorized Charges. Without limitation of the above terms, if you believe that a problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
Data Charges. When you use your Subscription, you may incur other additional charges from third party service providers, such as telecommunications fees or data fees. You are responsible for paying any additional charges.
2.2 Recurring Charges and Refunds.
Recurring Charges. If you purchase an annual or monthly Subscription, you authorize hokeX to charge you the annual or monthly Subscription fee as selected by you in the course of the transaction at purchase and each year or month thereafter on the annual or monthly anniversary of the start of your Subscription, respectively, using the payment method you provided at the then-current rate.
You acknowledge and agree that the amount billed and charged each period may vary due to promotional offers, changes in your Subscription, and changes in applicable taxes, and you authorize hokeX to charge your payment method for the corresponding amounts.
Automatic Renewal. Unless you opt-out of auto-renewal or cancel your Subscription before the renewal date, your Subscription will automatically renew for an additional term at the then-current rate. You can opt-out of auto-renewal or cancel your Subscription as described below.
Cancellation and Refunds. You may cancel your Subscription at any time by accessing your hokeX account settings or contacting hokeX customer support. If you cancel your Subscription, the cancellation will take effect at the end of the then-current billing cycle. After cancellation, you will continue to have access to the Subscription Service through the end of the then-current billing cycle. No refunds or credits will be provided for any partial periods of a Subscription, any unused Subscription, or any period of time between the date of cancellation and the end of the then-current billing cycle.
If you subscribed via a third party, such as Apple or GooglePlay, you may need to cancel your Subscription through such third party. You may also be subject to different cancellation or refund policies from such third party.
Price Changes. hokeX reserves the right to adjust pricing for its Subscription Service at any time in its sole discretion. Any price changes will take effect following notice to you by email, through a posting on the hokeX Platform, or through other means of communication. If you do not agree to the price change, you may cancel your Subscription prior to the price change going into effect. Your continued use of the Subscription Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Promotions. From time to time, hokeX may offer promotional pricing, discounts, or trials of its Subscription Service. The specific terms and conditions of each promotion will be disclosed at the time the promotion is offered. If you sign up for a promotion, you agree to be bound by the terms and conditions of that promotion. After the promotional period ends, the regular Subscription fee will apply, and you authorize hokeX to charge your payment method for the then-current rate.
Billing Disputes. You must notify hokeX of any billing problems or discrepancies within thirty (30) days after they first appear on your account statement. If you do not bring any billing problems or discrepancies to hokeX's attention within the thirty (30) day period, you waive any right to dispute such problems or discrepancies.
2.3 Changes to the Price and Subscription Plans.
We may change our subscription plans and the price of our Subscription Services from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
2.4 Free Trials and Promotional Codes.
hokeX may offer free trial Subscriptions for a specified period (“Free Trials”). If we offer you a Free Trial, specific terms will be provided at signup or in any promotional materials. Unless you cancel your Subscription prior to its end, we will begin charging your payment method after the Free Trial for the applicable monthly or annual recurring Subscription fees selected by you as described in Section 2.1 above. You can cancel your Free Trial or Subscription at any time as described in Section 2.5 below. Limit one Free Trial per person.
hokeX may offer promotional codes from time to time. Promotional codes will expire on the date provided in any promotional materials. Only one promotional code may be redeemed per account during each promotion. Promotional codes are not transferable and are not redeemable for cash.
2.5 Cancellation and Termination.
You may cancel a Subscription, including Free Trials, through your account settings at any time. The cancellation will take effect at the end of the Free Trial or the current billing cycle (the “Cancellation Effective Date”). You are responsible for all Subscription fees (plus any applicable taxes or charges) incurred before the Cancellation Effective Date. You will have access to Subscription Content until the Cancellation Effective Date.
hokeX may terminate your Subscription for non-payment of Subscription fees or for violating these Subscriber Terms or Terms of Service. If hokeX terminates your Subscription, your cancellation will be effective immediately, and you will not be able to access Subscription Content.
In the event of any Subscription cancellation, these Subscriber Terms will terminate, and the Terms of Service will survive and continue to apply to your use of the hokeX Platform.
In the event you purchase a Subscription through a third party (e.g., Apple or Google), such Subscriptions, billing, and cancellation are managed directly by the applicable third party. You can manage subscriptions purchased via Apple on your Apple mobile device, by visiting the Settings App on your device, selecting your Apple ID, and then Subscriptions.
3. Privacy and Communications.
By Subscribing, you consent to receiving email communications from hokeX about the Subscription to your registered email address or other methods. If you no longer want to receive communications from hokeX, you can change your communication preferences in your hokeX account settings.
You agree that we may communicate with you electronically about any important information regarding your Subscription. We may also provide notices to you by posting them on our website or by sending them to an email address that you previously provided to us. Website and email notices will be considered received by you within 24 hours of the time posted or sent.
Unless stated otherwise, you must send notices to us relating to these Subscriber Terms to: email@example.com.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
4.1 Modifications, Suspension, or Discontinuation.
hokeX reserves the right to modify, suspend, or discontinue Subscriptions, any Subscription Services, Subscription Content, or participating Creators at any time and disclaims any liability to you for such changes. hokeX will not be liable to you or any third party for any modification, suspension, or discontinuation of Subscriptions, Subscription Services, Subscription Content, or participating Creators.
4.2 Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOKEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SUBSCRIPTIONS, SUBSCRIPTION SERVICES, AND SUBSCRIPTION CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. HOKEX DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES, SUBSCRIPTION CONTENT, OR PARTICIPATING CREATORS WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT YOUR USE OF THE SUBSCRIPTION SERVICES WILL RESULT IN ANY SPECIFIC OUTCOMES.
4.3 Limitation of Liability.
IN NO EVENT WILL HOKEX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING FROM YOUR USE OR INABILITY TO USE THE SUBSCRIPTION SERVICES, SUBSCRIPTION CONTENT, OR PARTICIPATING CREATORS, EVEN IF HOKEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, HOKEX'S LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE SUBSCRIBER TERMS, THE SUBSCRIPTION SERVICES, OR THE SUBSCRIPTION CONTENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR YOUR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless hokeX, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from your use of the Subscription Services, Subscription Content, or any violation of these Subscriber Terms or the Terms of Service.
5.1 Governing Law and Dispute Resolution.
These Subscriber Terms and any dispute or claim arising out of or relating to these Subscriber Terms will be governed by the laws of the State of [State], without regard to its conflict of law provisions. Any disputes, actions, claims, or causes of action arising out of or in connection with these Subscriber Terms or the Subscription Services will be subject to the exclusive jurisdiction of the state and federal courts located in [City, State].
5.2 Entire Agreement.
If any provision of these Subscriber Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Subscriber Terms remain in full force and effect.
5.4 No Waiver.
hokeX's failure to exercise or enforce any right or provision of these Subscriber Terms shall not constitute a waiver of such right or provision in that or any other instance. If hokeX does not enforce any provision of these Subscriber Terms, it will not be considered a waiver of hokeX's rights to enforce that provision or any other provision in these Subscriber Terms.
You may not assign, transfer, or sublicense any of your rights or obligations under these Subscriber Terms without hokeX's prior written consent. hokeX may assign, transfer, or sublicense any or all of its rights or obligations under these Subscriber Terms without restriction.
hokeX may modify these Subscriber Terms from time to time, and any such modifications will be effective upon their posting on the hokeX Platform or by direct communication to you unless otherwise specified. It is important for you to review these Subscriber Terms periodically. Your continued use of the Subscription Services following any modifications to these Subscriber Terms constitutes your acceptance of those modifications.
All notices given by you or required under these Subscriber Terms shall be in writing and sent to the address specified by hokeX in these Subscriber Terms or such other address as hokeX may specify in writing. All notices given by hokeX will be sent to the email address provided by you in your hokeX account.
The section headings in these Subscriber Terms are for convenience only and have no legal or contractual effect.
5.9 Force Majeure.
hokeX shall not be liable for any failure to perform its obligations under these Subscriber Terms where such failure results from any cause beyond hokeX's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation, acts of God, natural disasters, terrorism, or labor disputes.
If you have any questions about these Subscriber Terms or the Subscription Services, please contact us at firstname.lastname@example.org.