DRAFT - for counsel review
Terms of Service
The short version. Hour Zero suggests social content ideas matched to your brands. You decide what to make and publish, and you are responsible for it. You own your brand data and your posts; we own the service. Trials are 14 days with no card. Paid plans renew monthly or yearly until you cancel, and cancellation takes effect at the end of the period you have paid for. These terms are governed by Delaware law. The full terms below are what count.
1. Who we are and these terms
Hour Zero (the "service") is operated by Farasu Holdings LLC, a Delaware limited liability company whose registered office is at [registered address, Dover, DE] ("Farasu", "we", "us"). You can reach us at hello@farasuholdings.com.
These Terms of Service ("terms") are an agreement between us and the business or organisation that creates a workspace or subscribes to the service ("customer", "you"). If you accept these terms on behalf of a business, you confirm that you have authority to bind it. The service is for business use only. It is not offered to consumers, and you must be at least 18 years old to use it.
By creating an account, starting a trial or using the service, you agree to these terms and to our Privacy Policy. If you do not agree, do not use the service.
2. Accounts and workspaces
- Sign-in. You sign in with a one-time link sent to your email address. Keep access to that mailbox secure: anyone who can open your sign-in links can use your account. Tell us promptly at hello@farasuholdings.com if you think your account has been misused.
- Workspaces. Your account belongs to one or more workspaces. A workspace holds your brand profiles, ideas, decisions, settings and subscription. The person who creates a workspace is its owner and can invite team members up to the seat limit of the plan. The customer is responsible for everything done in its workspace by the people it invites.
- Accurate information. Give us accurate information, including a working email address and accurate brand profiles, and keep it up to date.
- One customer per workspace. An agency may run several client brands in its own workspace, within its plan limits. You are responsible for having your clients' permission to enter their brand information into the service.
3. Plans and free trial
- Free trial. New workspaces get a 14-day free trial. No payment card is needed to start it. At the end of the trial, new ideas and trend data stop unless you subscribe to a paid plan. Your workspace and settings are kept so you can subscribe later, subject to section 16.
- Plans. Each plan has limits, for example on brands, regions, seats and ideas per day. Current plans, limits and prices are shown on our website and in the app. Features marked "coming soon" are not part of a plan until they are released.
- One trial per customer. We may decline or end a trial where we reasonably believe it is being used to get repeated free access.
4. Billing, renewal and cancellation
- Payment. Paid plans are billed in advance, monthly or yearly, through our payment processor, Stripe. Prices are in US dollars and exclude any applicable taxes, which you will pay where they apply. We do not see or store your full card number.
- Automatic renewal. Your subscription renews automatically at the end of each billing period, at the then-current price for your plan, until you cancel. We will give you at least 30 days' notice by email before a price increase applies to your subscription.
- Cancellation. You may cancel at any time. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then. Until self-serve billing is available in the app, cancel by emailing hello@farasuholdings.com from the workspace owner's email address; we will confirm the cancellation and the date it takes effect.
- Refunds. Fees are non-refundable, including for partly used periods, except where the law requires otherwise or where we say otherwise in writing.
- Upgrades and downgrades. If you change plan mid-period, Stripe may prorate the charge. A downgrade may reduce your limits, for example the number of active brands.
- Failed payments. If a payment fails, we will tell you and may keep the service running for a short grace period. If payment is not made, we may suspend paid features until it is.
5. Acceptable use
You must not, and must not allow anyone else to:
- scrape, crawl, copy in bulk or systematically extract data or content from the service, or use automated means to access it other than through features we provide;
- resell, sublicense or redistribute the service, or the trend data in it, as a data feed or as part of a competing product;
- reverse engineer, decompile or try to discover the source code or models of the service, except where the law expressly allows it;
- probe, scan or test the security of the service, or interfere with or disrupt it, without our written permission;
- get around plan limits, rate limits or access controls, or share sign-in links or accounts outside your workspace;
- use the service to create, plan or publish content that is unlawful, defamatory, harassing, hateful, discriminatory, sexually exploitative, deceptive, or that infringes anyone's intellectual property, privacy or other rights;
- enter into the service information you have no right to share, including other people's confidential or personal information beyond what is needed for your workspace; or
- use the service in breach of any law, including advertising, consumer protection and data protection laws.
Platform rules. When you act on an idea, for example by making and publishing a post on TikTok, Instagram, YouTube or any other platform, you must follow that platform's own terms, community guidelines and advertising and disclosure rules, including any rules on branded or sponsored content and on labelling AI-generated material. We are not responsible for your compliance with them.
Website fetch. If you ask the service to draft a brand profile from a website, you confirm that you are entitled to use the information on that page for that purpose. Only submit pages you or your client control or that are publicly available.
6. AI-generated ideas
- Ideas, hooks, beats, captions, scores, "act within" estimates and other suggestions in the service are generated with the help of artificial intelligence and automated analysis ("ideas"). They are provided as is, as suggestions only.
- Ideas may be inaccurate, incomplete, out of date, similar to ideas given to others, or unsuitable for your brand. A trend may have peaked or changed by the time you act. Fit scores and timing estimates are estimates, not promises of reach, engagement or results.
- You decide. We never publish anything for you. You decide whether to use an idea, and you are solely responsible for reviewing, editing and checking it (including for accuracy, legality, third-party rights and brand safety) and for anything you make or publish.
- Other customers may receive similar ideas, because ideas are drawn from the same public trends. We do not give you exclusive rights in any trend or idea.
7. Third-party content and data sources
- The service shows trend information, titles, links, thumbnails and figures from third-party sources, such as Google Trends, Bluesky, the Wikimedia Foundation, Hacker News and YouTube. That content and those trademarks belong to their owners. We show it with attribution and links back to the source. Your use of linked content is subject to its owner's terms.
- We do not control third-party sources and are not responsible for their content, accuracy or availability.
- Data sources may change. Sources can change their terms, limit access or close without notice. We may add, remove or replace sources at any time. Sources described as "coming" are not part of the service until they are live. We will keep the list of current sources on our website and in the app.
8. YouTube
Some features of the service display content from YouTube using YouTube API Services. By using features that display YouTube content, you agree to be bound by the YouTube Terms of Service at https://www.youtube.com/t/terms. YouTube data is shown as YouTube provides it. Our own scores and estimates are not from YouTube. How we handle YouTube data is explained in our Privacy Policy, which also refers to the Google Privacy Policy.
9. Availability and changes to the service
- We aim to keep the service available and up to date, but we do not promise that it will be uninterrupted, error-free or available at any particular time. There is no service level agreement for trials, and none for paid plans unless we agree one in writing.
- We may carry out maintenance, and may change, add or remove features. If we remove a material feature of a paid plan, we will tell you in advance where we reasonably can, and you may cancel.
- We may suspend access where we reasonably need to: for security, to prevent harm, to comply with law or a platform's requirements, or because of a breach of these terms. Where we can, we will tell you why and restore access once the problem is fixed.
10. Ownership and licences
- Your data. You own the brand profiles, settings, decisions, feedback and other information you or your team enter into the service ("customer data"), and the posts and content you make and publish. You give us a non-exclusive, worldwide licence to host, copy, process and display customer data only as needed to provide, secure and support the service for you, and as described in our Privacy Policy. We do not use customer data to train AI models.
- Ideas. As between you and us, and to the extent we hold any rights in them, we assign to you our rights in ideas generated for your workspace, so you can use them freely. Because ideas are generated by AI from public trends, they may not be protected by copyright and others may receive similar ones (see section 6).
- Our service. We and our licensors own the service, including its software, design, scoring methods, trend data compilations, documentation and trademarks. Subject to these terms and your plan, we give you a non-exclusive, non-transferable right to use the service for your internal business purposes during your subscription or trial. We keep all rights not expressly granted.
- Feedback. If you send us suggestions or "Report a problem" flags, we may use them to improve the service without any obligation to you. This does not give us ownership of your customer data.
- Aggregate data. We may use usage and performance information that does not identify you, your brands or any individual to run, secure and improve the service.
11. Confidentiality
Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential ("confidential information"). Your customer data, including brand profiles and decisions, is your confidential information. Non-public parts of the service and our pricing terms are ours.
The receiving party will use the other's confidential information only for the purposes of these terms, protect it with reasonable care, and share it only with its personnel, advisers and service providers who need to know it and are bound by similar duties. These duties do not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed, or is lawfully received from someone else. A party may disclose confidential information where the law requires it, after giving the other party notice where lawful.
12. Privacy
Our Privacy Policy explains how we handle personal information. Where we process personal information on your behalf as a processor or service provider, we will do so only on your instructions and as described in the Privacy Policy. [Counsel: decide whether to offer a separate Data Processing Addendum for UK/EU customers.]
13. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL IDEAS AND ALL THIRD-PARTY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE ACCURATE, UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY IDEA WILL ACHIEVE ANY RESULT.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, HOWEVER CAUSED, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE PAID NOTHING (FOR EXAMPLE, DURING A TRIAL), OUR TOTAL LIABILITY IS ZERO [counsel: consider a nominal floor, e.g. US$100].
These limits do not apply to your payment obligations, to your obligations under section 15 (Indemnity), to a breach of section 5 (Acceptable use), or to liability that cannot be limited by law, such as liability for fraud.
15. Indemnity
You will defend and indemnify Farasu Holdings LLC and its members, officers, employees and agents against any third-party claim, and the resulting losses, damages, fines and reasonable legal costs, arising from: (a) content you or your team make, publish or promote, including content based on an idea; (b) your customer data, or your use of a website or brand information you were not entitled to use; or (c) your breach of these terms, of a platform's terms or of the law. We will tell you promptly of any such claim, let you control the defence (though you may not settle a claim that admits fault on our behalf without our consent), and give reasonable help at your cost.
[Counsel: decide whether to add a mutual indemnity from us for claims that the service itself, excluding third-party content and ideas, infringes a third party's intellectual property.]
16. Termination and data deletion
- By you. You may stop using the service and cancel at any time (section 4). You may also ask us to close your workspace or delete your account; see our data deletion page.
- By us. We may suspend or end your access if you materially breach these terms and do not fix the breach within 10 days of notice (or immediately where the breach cannot be fixed or causes harm), if you do not pay, or if we stop offering the service, in which case we will give at least 30 days' notice and refund any prepaid fees for the period after the service ends.
- Effect. When your access ends, your right to use the service stops. Before a workspace is closed, the owner may ask us for an export of its brand profiles and decisions by emailing hello@farasuholdings.com.
- Deletion. We delete customer data from our live systems within 30 days after a workspace is closed. Copies in routine backups are overwritten in the normal backup cycle [confirm period with Supabase plan]. We may keep limited records where the law requires it, such as billing and tax records, or to resolve disputes.
- Sections 4 (amounts owed), 6, 7, 10 to 15, 16, 18 and 19 survive termination.
17. Changes to these terms
We may update these terms from time to time. We will post the new version on this page with a new "last updated" date. If a change materially reduces your rights, we will give you at least 30 days' notice by email or in the app before it applies to your existing subscription. If you do not agree to a change, you may cancel before it takes effect. Continuing to use the service after a change takes effect means you accept it.
18. Governing law and disputes
These terms, and any dispute arising out of or relating to them or the service, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to them. Before starting proceedings, each party will try in good faith to resolve the dispute by email for at least 30 days. [Counsel: confirm forum, consider arbitration and a class-action waiver, and whether mandatory UK/EU rules for business customers need addressing.]
19. General
- Entire agreement. These terms, the Privacy Policy and any order or plan details shown at checkout are the whole agreement between us about the service.
- Assignment. You may not transfer these terms without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition or sale of assets, with notice to you.
- Events beyond control. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of third-party platforms, hosting or data sources. This does not excuse payment.
- Notices. We send notices to the workspace owner's email address. You send notices to hello@farasuholdings.com.
- Severability and waiver. If any part of these terms is unenforceable, the rest stays in force. Not enforcing a right is not a waiver of it.
- No third-party beneficiaries except as stated in section 15.
- Independent parties. Nothing in these terms creates a partnership, agency or employment relationship.
- Export and sanctions. You confirm you are not located in, or a resident or national of, a country or territory subject to comprehensive US sanctions, and are not on any US government restricted-party list.
20. Contact
Farasu Holdings LLC
[registered address, Dover, DE]
hello@farasuholdings.com