Terms of Service

March 31, 2026

Welcome to Hotdata. Please read these Terms of Service before using the Services. These Terms of Service ("Terms") are an agreement between Hotdata and you, or the organization you represent ("Customer"). They govern Customer's use of the Hotdata API and any other offerings that reference these Terms, including related tools, documentation, and services (the "Services"). These Terms take effect on the earlier of Customer's acceptance or first use of the Services ("Effective Date").

You may only accept these Terms on behalf of an entity if you have authority to bind that entity.

A. Services

1. Overview

Subject to these Terms, Hotdata grants Customer a limited right to use the Services, including to support products and services Customer provides to its users ("Users").

2. Third-Party Features

Customer may use third-party features made available through the Services ("Third Party Features"). These are not part of the Services, and Hotdata is not responsible for them.

3. Feedback

If Customer provides feedback, Hotdata may use it without restriction or obligation.

B. Customer Content

As between the parties, Customer retains all right, title, and interest in and to Customer Content. To the extent Outputs are generated from Customer Content through authorized use of the Services, Customer owns those Outputs.

Customer grants Hotdata a non-exclusive, worldwide, limited license to host, store, copy, transmit, display, modify, transform, index, cache, back up, and otherwise process Customer Content solely as necessary to provide, maintain, secure, support, bill for, and comply with law in connection with the Services.

Hotdata may generate and use metadata, logs, performance data, and other operational information derived from Customer Content solely to operate, secure, and improve the Services, provided such information does not identify Customer Content.

"Inputs" means data, content, and other materials submitted to the Services by Customer or its Users. "Outputs" means results, responses, and other materials generated or returned by the Services in response to Inputs. Inputs and Outputs together are "Customer Content."

C. Trust, Safety, and Restrictions

1. Compliance

Each party will comply with applicable laws, including data privacy laws.

2. Policies

Customer and Users must comply with these Terms and the Usage Policy. Customer must cooperate with reasonable requests related to compliance.

3. Outputs

Customer is responsible for evaluating Outputs before use. Hotdata does not guarantee Outputs are complete, accurate, up-to-date, or error-free. Customer must inform Users accordingly where appropriate.

4. Restrictions

Customer may not: (a) use the Services to build or train competing products or services; (b) use Outputs to train or improve competing systems; (c) reverse engineer or replicate the Services; or (d) assist others in doing so.

5. Account Responsibility

Customer is responsible for all activity under its account and must promptly notify Hotdata of any compromise or misuse.

D. Confidentiality

1. Confidential Information

Confidential Information includes information identified as confidential or reasonably understood to be confidential. Customer Content is Customer’s Confidential Information.

2. Use and Protection

The receiving party may use Confidential Information only to exercise its rights and perform its obligations under these Terms, including processing permitted under Section B (Customer Content). Confidential Information may be shared only with personnel who need access and are bound by confidentiality obligations.

Each party will protect Confidential Information with reasonable care.

3. Exclusions

Confidential Information excludes information that is publicly available, lawfully obtained from a third party, or independently developed.

Disclosure required by law is permitted with notice where allowed.

4. Destruction

Confidential Information must be destroyed upon request, except where retention is legally required or part of backup systems.

E. Intellectual Property

Except as stated in these Terms, neither party grants the other rights to its intellectual property.

F. Publicity

Hotdata may use Customer’s name and logo to identify Customer as a user of the Services. Customer may opt out via contact@hotdata.dev.

Hotdata will not disclose Customer Content in publicity materials.

Customer will reasonably consider requests for quotes or co-marketing participation.

G. Fees

1. Payment

Customer must pay applicable fees as listed on the Pricing Page unless otherwise agreed. Fees may be prepaid through credits. Pricing may change with 30 days notice.

2. Taxes

Customer is responsible for all applicable taxes. If withholding applies, Customer will ensure Hotdata receives the full intended amount.

3. Billing

Failure to pay may result in suspension or termination. Hotdata may pursue collection.

H. Termination and Suspension

1. Term

These Terms continue until terminated.

2. Termination

Either party may terminate for convenience (Hotdata with 30 days notice) or for material breach (after a 30-day cure period). Hotdata may terminate immediately if required by law.

3. Suspension

Hotdata may suspend access to the Services if necessary to address security risks, violations of these Terms, legal requirements, excessive or abusive resource usage, or third-party service disruptions.

Hotdata will provide notice where reasonably possible and restore access when conditions are resolved.

4. Effect

Upon termination, Customer may no longer access the Services. Provisions that by their nature should survive will remain in effect.

I. Disputes

1. Informal Resolution

The parties will attempt to resolve disputes informally for 45 days following notice.

2. Arbitration

Unresolved disputes will be resolved by binding arbitration in English in Oakland, CA under JAMS rules. Jury trials and class actions are waived.

3. Equitable Relief

Either party may seek equitable relief.

J. Indemnification

1. By Hotdata

Hotdata will defend and indemnify Customer against third-party claims that Customer’s authorized use of the Services, in unmodified form and in accordance with these Terms, infringes intellectual property rights.

2. By Customer

Customer will defend and indemnify Hotdata against claims arising from Customer Content or misuse of the Services.

3. Exclusions

Indemnification does not apply to claims arising from misconduct, unauthorized modifications, improper use, or combinations with third-party materials.

4. Process

The indemnifying party controls the defense and settlement. The indemnified party must cooperate.

5. Sole Remedy

Indemnification is the exclusive remedy for covered third-party claims.

K. Warranties and Liability

1. Warranties

Each party confirms it has authority to enter into these Terms. Customer confirms it has rights to its Inputs.

2. Disclaimer

The Services are provided "as is" and "as available." Hotdata disclaims all implied warranties, including merchantability, non-infringement, and fitness for a particular purpose. Hotdata does not guarantee uninterrupted operation or that the Services will be error-free.

3. Liability Limits

Liability excludes indirect, incidental, and consequential damages. Each party’s total liability is limited to fees paid in the previous 12 months.

These limits do not apply to indemnification obligations.

L. Miscellaneous

1. Notices

Notices must be in writing and may be delivered electronically.

2. Electronic Communications

Customer agrees to receive communications electronically.

3. Changes

Hotdata may update these Terms with 30 days notice. Changes required by law take effect immediately.

4. Assignment

Assignment requires consent, except in connection with corporate transactions.

5. Severability

Invalid provisions do not affect the rest of the Terms.

6. Interpretation

Headings are for convenience only. Terms are interpreted neutrally.

7. Governing Law

These Terms are governed by Delaware law. Non-arbitrated disputes will be handled in Delaware courts.

8. Export Controls

Customer must comply with export and sanctions laws.

9. Entire Agreement

These Terms represent the full agreement between the parties.

10. Force Majeure

Neither party is liable for delays caused by events beyond reasonable control.

M. Third-Party Provider Terms

The Services may include technology from third-party providers ("Upstream Providers"). Customer and Users must comply with their applicable terms.