Terms of Service

1. Definitions

For the purposes of these Terms of Service:

• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to HookMafia.
• "Service" refers to the HookMafia website, application, and all related services, features, and functionality.
• "User" (referred to as "You", "Your") means the individual or entity accessing or using the Service.
• "Account" means a unique account created for You to access our Service.
• "Content" refers to text, images, scripts, hooks, or other material generated through or uploaded to the Service.
• "Subscription" refers to the paid plans offered by the Company for access to premium features.

2. Acceptance of Terms

By creating an Account or using any part of the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms. This Agreement constitutes a legally binding contract between You and the Company.

You represent and warrant that: (a) You are at least 13 years of age; (b) if You are between 13 and 18 years of age (or the age of majority in Your jurisdiction), You have obtained verifiable consent from a parent or legal guardian who agrees to be bound by these Terms on Your behalf; (c) You have the legal capacity to enter into this Agreement (or have parental/guardian consent); (d) You are not prohibited from using the Service under any applicable law; and (e) all information You provide is accurate and complete.

If You are a parent or guardian agreeing to these Terms on behalf of a minor, You are fully responsible for the minor's use of the Service and agree to be bound by these Terms.

3. Description of Service

HookMafia is a Software-as-a-Service (SaaS) platform that provides AI-powered content creation tools for social media creators. Our services include, but are not limited to:

• AI-powered hook generation for short-form video content
• Script writing and content generation assistance
• Trend analysis and prediction tools
• Content remixing and repurposing features
• Buyer persona creation and analysis
• Content calendar and scheduling tools
• Hashtag and caption generation

The Company reserves the right to modify, suspend, or discontinue any part of the Service at any time without prior notice. We shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Service.

4. User Accounts

4.1 Account Creation

To access certain features of the Service, You must create an Account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding the password used to access the Service and for any activities or actions under Your Account. You agree to: (a) immediately notify Us of any unauthorized use of Your Account; (b) not share Your Account credentials with any third party; and (c) use strong, unique passwords. The Company will not be liable for any loss or damage arising from Your failure to comply with this section.

4.3 Account Termination

We reserve the right to suspend or terminate Your Account immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, Your right to use the Service will immediately cease.

5. Subscription and Payment Terms

5.1 Subscription Plans

The Service offers both free and paid subscription plans. Paid subscriptions ("Pro" and "Agency") provide access to additional features as described on our pricing page. Feature availability is subject to change.

5.2 Billing

By subscribing to a paid plan, You authorize the Company to charge Your designated payment method on a recurring basis (monthly or annually, as selected). All fees are quoted in US Dollars unless otherwise specified. You are responsible for all applicable taxes.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel Your subscription at any time through Your Account settings. Cancellation will take effect at the end of the current billing period.

5.4 Price Changes

The Company reserves the right to modify subscription prices at any time. Price changes will be communicated at least 30 days in advance via email or through the Service. Continued use of the Service after the price change constitutes acceptance of the new pricing.

5.5 Refunds

Refunds are governed by our Refund Policy, which is incorporated herein by reference.

5.6 EU Right of Withdrawal

If You are a consumer located in the European Union, You normally have a 14-day right of withdrawal for online purchases under the Consumer Rights Directive. However, by subscribing to our Service and checking the consent box during checkout, You:

• Expressly request that the Service begins immediately upon purchase
• Acknowledge that the Service constitutes digital content that is not supplied on a tangible medium
• Acknowledge that You lose Your right of withdrawal once the Service has been fully performed or once digital content delivery has begun with Your prior express consent

By proceeding with Your subscription, You expressly consent to the immediate provision of the Service and acknowledge that You waive Your right of withdrawal as permitted under Article 16(m) of the Consumer Rights Directive 2011/83/EU.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Generate, distribute, or facilitate content that is defamatory, obscene, pornographic, harassing, threatening, or promotes violence or discrimination
• Infringe upon or violate the intellectual property rights or privacy rights of others
• Impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity
• Attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems
• Use any automated means (bots, scrapers, crawlers) to access the Service without Our express written permission
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
• Resell, sublicense, or redistribute the Service or any content generated through the Service without authorization
• Use the Service to generate spam, unsolicited communications, or misleading content
• Circumvent any access controls or usage limits implemented by the Service

Violation of this Acceptable Use Policy may result in immediate termination of Your Account without refund.

6.2 Third-Party Platform Compliance

You agree to comply with the Terms of Service of all third-party platforms (including but not limited to TikTok, Instagram, YouTube, Facebook, and Pinterest) when posting content generated by HookMafia. The Company is not liable for any account suspensions, bans, penalties, or other actions taken by third-party platforms against You as a result of Your use of our Service.

You acknowledge that third-party platforms may have their own policies regarding AI-generated content, spam, and acceptable posting behavior. It is Your sole responsibility to understand and comply with these policies.

7. Intellectual Property Rights

7.1 Company's Intellectual Property

The Service, including its original content, features, functionality, design, logos, and trademarks, is and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without express written permission.

7.2 User-Generated Content

Content generated by You using the Service ("User Content") remains Your property. However, by using the Service, You grant the Company a non-exclusive, worldwide, royalty-free license to use, store, and process Your User Content solely for the purpose of providing and improving the Service.

7.3 Script Remix and Third-Party Content You Submit

Our Service includes a "Script Remix" feature that allows You to submit existing scripts, video content, or other materials for AI-powered remixing, repurposing, and transformation. By using this feature, You represent and warrant that:

• You own the content You submit, OR
• You have obtained all necessary rights, licenses, and permissions from the original content creator to remix, transform, and create derivative works
• Your use of the remixed content will not infringe any third-party intellectual property rights
• You will not submit content that is protected by copyright without proper authorization

The Company does not verify ownership or rights to content submitted for remixing. You are solely responsible for ensuring You have the legal right to use, remix, and publish any content You submit to the Service.

You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to Your use of third-party content, including but not limited to claims of copyright infringement, trademark infringement, privacy violations, or any other intellectual property or proprietary rights violations.

7.4 AI-Generated Content

Content generated by our AI tools based on Your inputs is licensed to You for commercial and personal use, subject to these Terms. You acknowledge that: (a) similar content may be generated for other users; (b) AI-generated content may not be eligible for copyright protection in all jurisdictions; and (c) You are solely responsible for reviewing and ensuring the appropriateness of AI-generated content before use.

7.5 Feedback

Any feedback, suggestions, or ideas You provide regarding the Service shall become the exclusive property of the Company. We may use such feedback for any purpose without compensation or attribution to You.

8. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by the use of any such third-party content, goods, or services.

9. Disclaimer of Warranties

10. Limitation of Liability

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) Your violation of these Terms; (b) Your use of the Service; (c) Your User Content; or (d) Your violation of any rights of a third party.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, You agree to attempt to resolve any dispute informally by contacting Us at info@hookmafia.io. We will attempt to resolve the dispute informally within 60 days.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms shall be resolved through binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA).

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, the entire arbitration agreement shall be null and void.

13. Governing Law

This Agreement and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Agreement, its negotiation, execution, performance, or the relationship of the parties, including New York's statutes of limitations that may be applicable, shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

To the extent that arbitration is not applicable, You consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York. You waive any objection to venue in such courts.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at Our sole discretion. If a revision is material, We will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, You must stop using the Service.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with Our Privacy Policy and Refund Policy, constitute the entire agreement between You and the Company regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact Information

If You have any questions about these Terms of Service, please contact Us:

• Email: info@hookmafia.io
• Support: info@hookmafia.io