Hexane AI referred to as "Company", "we", "our", or "us", offers an AI-powered content generation service accessible through the website at www.hexane.ai, referred to as the "Site" and together with any updates or new features, functionality, and technology provided as the "Services". This Agreement applies to all individuals or entities, referred to as "You" or "User", who access or use the Services to obtain Content (as defined below). By accessing or using the Services, You agree to abide by the terms and conditions stated in this Agreement.
As a user of our Service, you are bound by both these Terms and our Privacy Policy, collectively referred to as the "Agreements". By accessing or using the Service, you acknowledge that you have read and comprehended the Agreements, and accept and agree to abide by them. If you do not agree with or are unable to comply with the Agreements, you may not use the Service. These Terms are applicable to all visitors, users, and other individuals or entities seeking to access or use the Service.
Registration and Access
In order to use the Services, you must be at least 13 years old. If you are under the age of 18, you must obtain permission from your parent or legal guardian before using the Services. If you are using the Services on behalf of someone else, you must have the authority to accept the Terms on their behalf. When registering for an account, you must provide truthful and complete information. You are prohibited from sharing your access credentials or account with individuals outside of your organization. It is your responsibility to ensure that all activities performed using your credentials comply with the Terms of Service.
Users are responsible for keeping their password and account details, if any, confidential and are fully responsible for all activities that occur under their password or account. Users must immediately notify Hexane of any unauthorized use of their password or account or any other breach of security, and must ensure they log out of their account at the end of each session when accessing the Services. Failure to comply with this may result in loss or damage, and Hexane will not be held liable.
Content
Our Service allows you to share, post, link, store, and make available certain material, such as text, graphics, and other information (collectively, "Content"). You are solely responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that:
the Content belongs to you or you have the right to use it, and you have the right to grant us the license and rights provided in these Terms; and
your posting of the Content on or through the Service does not infringe upon the rights of any person or entity, including privacy, publicity, copyrights, or contract rights. We reserve the right to terminate the account of anyone who violates a copyright.
You retain all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We are not responsible for any Content that you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us a license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. This license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
We have the right, but not the obligation, to monitor and edit any Content provided by users. Additionally, all Content found on or through the Service is either our property or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use any of this Content, whether in whole or in part, for commercial purposes or personal gain, without our express advance written permission.
User
The User is accountable for all activities performed on their User accounts, including any Content and User Data, and must ensure compliance with this Agreement. The User must:
ensure that all User Data is accurate, reliable, appropriate, lawful, and of high quality;
take reasonable measures to prevent unauthorized access or use of the Services, and immediately report any such unauthorized activity to Hexane; and
comply with all relevant local, provincial, state, federal, and foreign laws relating to the Services.
Prohibited Uses
The User is prohibited from:
commercializing or making available the Services to any third party by licensing, sublicensing, selling, reselling, renting, leasing, transferring, assigning, distributing, time-sharing, or any other means;
using the Services for sending, storing, or sharing infringing, obscene, threatening, libelous, or otherwise illegal or tortious material, including material that violates the privacy or publicity rights of third parties or is harmful to children;
using the Services for sending, storing, or sharing Malicious Code;
disrupting or interfering with the integrity or performance of the Services or the data it contains;
attempting to gain unauthorized access to the Services, related systems, or networks.
You are only allowed to use the Service for lawful purposes and must comply with the Terms. You agree not to use the Service:
In a manner that violates any applicable laws or regulations, whether national or international.
To harm or exploit minors in any way, such as exposing them to inappropriate content.
To send any unsolicited or unauthorized advertising, promotional materials, spam, or similar solicitations.
To impersonate Company, Company employees, other users, or any other person or entity.
In any way that infringes on the rights of others or is illegal, harmful, fraudulent, or threatening, or in connection with any unlawful, fraudulent, harmful, or illegal purpose or activity.
To engage in any conduct that limits or inhibits anyone's use or enjoyment of the Service or that may harm or offend Company or Service users, or expose them to liability.\
Intellectual Property
Hexane owns the intellectual property rights to certain elements on their website and platform, including editorial content, illustrations, studies, videos, trademarks, logos, graphics, and animations. Users are granted a non-exclusive, non-transferable right to use the website, platform, and related software, but are prohibited from copying, modifying, reverse engineering, selling, or transferring any rights to them. Users must not access the services through any means other than the website or application, and must not modify or distribute any confidential information or content protected by intellectual property law without express authorization from Hexane. Unauthorized use of the intellectual property may result in legal action and account deactivation.
User Data
User retains exclusive ownership of all User Data. However, User grants Hexane a perpetual, worldwide, non-exclusive, irrevocable, fully paid-up, royalty-free, sublicensable (through multiple tiers) license to collect, aggregate, analyze, and exploit User Data and other information related to the Services' performance. Hexane may use the User Data to improve and provide its products and services and disclose such information only in an aggregated and anonymized format that does not identify the User or any individual. Hexane will own all Aggregated Data created from the User Data. This license is transferable only with the permitted assignment of this Agreement.
Links to other Websites
Our service may contain links to third-party websites or services that are not owned or controlled by Hexane. Hexane is not responsible for the content, privacy policies, or practices of any third-party websites or services. Hexane does not endorse any offerings by these entities or individuals or their websites. Users acknowledge and agree that Hexane shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such third-party websites or services. It is recommended that users read the terms of service and privacy policies of any third-party websites or services that they visit.
Disclaimers and Limitations of Liability
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OR CONTENT OBTAINED THROUGH OUR SERVICES.
IN NO EVENT SHALL HEXANE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES, SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR YOUR USE OF OUR SERVICES.
Indemnification
You accept to defend, indemnify, and hold Hexane and its officers, directors, employees, agents, and affiliates harmless from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, resulting from your use of our Services, your User Content, or your breach of these Terms or any applicable laws or regulations.
Fees and Payments
Hexane may offer the Services through various Subscription Plans that require payment of fees in U.S. dollars. Once paid, the fees are nonrefundable unless otherwise stated in this Agreement. Hexane reserves the right to modify the fees by giving User at least 14 days' written notice.
To process your subscription payment, you must have a valid payment method such as a credit card, debit card etc. It is your responsibility to provide complete and accurate billing information including your full name, address, state, zip code, and payment method details to Hexane.
Once you have submitted your payment information, you authorize Hexane to charge all Subscription fees to the payment method you have provided.
Free Trial
Hexane has the discretion to provide a free trial for a limited period of time ("Free Trial") as per its policies. To sign up for Free Trial, you may need to provide your billing information.
However, if you do provide your billing information, Hexane will not charge you until the Free Trial period ends. On the last day of the Free Trial, you will be automatically charged the relevant Subscription fees for the Subscription type you chose, unless you cancelled your Subscription.
Hexane reserves the right to modify the Terms of Service of the Free Trial offer or to cancel it, at any time and without notice.
Taxes
Please note that unless we expressly state otherwise, the fees for our services do not include any federal, state, local, or foreign taxes, duties, or similar assessments (collectively, "Taxes"). You are responsible for paying any Taxes associated with your purchase of our services, except for Taxes based on our net income. In some cases, we may invoice you separately for such Taxes.
Refund Policy
Our goal is to provide exceptional service to our customers. If you are dissatisfied with our services, please contact us at hello@hexane.ai so that we can discuss your concerns.
In the event that a refund is deemed appropriate, we will process the refund within 15-20 business days after receiving your request. Please note that we retain the right to deny a refund for any reason.
Refunds will be issued in the same form of payment that was used for the initial purchase. If you paid with a credit card, the refund will be issued to the original credit card used for the purchase.
If you received a promotional discount or a free trial period, the value of that discount or trial period will not be refunded.
We reserve the right to change this refund policy at any time, so please review it periodically. Your continued use of our services after any modifications constitute your acceptance of the revised refund policy.
Term and Termination
The Term of this Agreement will start on the date the User accesses, uses or subscribes to the Services and will continue on a monthly basis until it is terminated by either party as provided in this Agreement. Either party may terminate this Agreement without cause by giving the other party at least 30 days' prior written notice or by following any termination mechanism provided within the Services.
User acknowledges and agrees that Hexane reserves the right, in its sole discretion, to suspend or terminate User's account or use of the Services, and to remove or discard any Content within the Services, for any reason, including without limitation if Hexane believes that User has violated or acted inconsistently with the terms and conditions of this Agreement or for lack of use. Hexane may also, in its sole discretion and at any time, discontinue providing the Services or any part thereof, with or without notice. User agrees that any termination of User's access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Hexane may immediately deactivate or delete User's account and all related information and files in User's account and/or bar any further access to such files or the Services. User further agrees that Hexane shall not be liable to User or any third party for any termination of User's access to the Services. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of User's use of the Services and may be referred to appropriate law enforcement authorities.
Termination or expiration of this Agreement shall not relieve User of the obligation to pay any fees accrued or payable to Hexane prior to the effective date of termination or expiration of this Agreement.
Governing Law and Dispute Resolution
The laws of the State of Delaware shall govern these Terms, and no choice of law or conflict of law provisions shall apply.
If a dispute arises in connection with these Terms or your use of our Services, it will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Wilmington, and any award may be entered as a judgment in any court with jurisdiction.
Entire Agreement
These Terms, along with any policies incorporated by reference, constitute the complete agreement between you and Hexane regarding your use of the Services, except for any Service-specific terms of use or enterprise agreements that may apply. These Terms replace and take precedence over any prior or contemporaneous agreements, communications, or understandings between you and Hexane regarding the use of the Services.
Relationship of the Parties
This agreement does not establish a partnership, agency relationship, or joint venture between you and Hexane or any of its affiliates. Both parties are independent contractors and neither has the authority to bind or impose obligations on the other without prior written consent.
Waiver and Severability
The Terms of Service serve as the complete and exclusive agreement between Users and Hexane pertaining to the general use of the Website, the Application, and the Services.
All usage of the Services by Users is subject to the Terms of Service, except for specific Services that require Users' express consent to additional or specific terms and conditions of use.
If any provision of the Terms of Service is held invalid due to a law, regulation, or a court's final decision, the remaining provisions shall remain valid and enforceable to their full extent. The same principle applies to incomplete provisions.
Hexane reserves the right to enforce any provision of the Terms of Service at any time, even if not invoked previously.
Amendments to Terms
We reserve the right to modify these Terms of Service at any time, and such modifications shall be effective immediately upon posting the modified terms on the Platform. It is your responsibility to review the Terms of Service periodically for changes. Your continued use of the Platform following the posting of any changes to the Terms of Service constitutes acceptance of those changes. We may also, in our sole discretion, notify you of changes to the Terms of Service via email or other means. If you do not agree to the modified terms, you are no longer authorized to use Service.
Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Contact Us
If you have any questions about these Terms or our Services, please contact us at hello@hexane.ai
By using our Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.