Terms of Service

Last updated: March 13, 2025

Please read these Terms of Service ("Terms") carefully before using the Hinoki AI platform ("Service"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms.

Interpretation and Definitions

Interpretation

Words with initial capitalization have meanings defined under the following conditions. These definitions shall apply whether the words appear in singular or plural form.

Definitions

  • Affiliate: Any entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares or voting rights.
  • Company: Refers to Hinoki AI ("we," "us," or "our"), headquartered at 3473 N 1st Street, 95122.
  • Device: Any device that can access the Service, such as a computer, mobile phone, or tablet.
  • Service: Refers to the Hinoki AI platform, including its website and any associated features or tools.
  • You: The individual, company, or other legal entity accessing or using the Service.

Acknowledgment

These Terms govern your use of the Service and form the entire agreement between you and the Company. Users are expected to adhere to the following responsibilities:

  • Use the Service only for lawful purposes and in accordance with these Terms.
  • Refrain from engaging in prohibited activities, including but not limited to:
    • Attempting to access, interfere with, or disrupt the Service's systems or security features.
    • Using the Service to distribute harmful or malicious software.
    • Misrepresenting your identity or affiliations while using the Service.

Failure to comply with these responsibilities may result in suspension or termination of access to the Service. By accessing or using the Service, you confirm that:

  • You are over the age of 18. The Service is not intended for use by individuals under 18.
  • You agree to comply with these Terms and our Privacy Policy.
  • You have the legal capacity to enter into this agreement.

If you do not agree with any part of these Terms, you must not access the Service.

Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Hinoki AI. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not liable for any damages or losses caused by your use of such third-party content or services.

We recommend reviewing the terms and privacy policies of any third-party websites or services you interact with.

Termination

We reserve the right to terminate or suspend your access to the Service at our sole discretion, without prior notice, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Service will immediately cease.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within [Insert Jurisdiction] for any disputes arising out of or relating to these Terms.

Dispute Resolution

If you have any disputes or concerns about the Service, you agree to first attempt to resolve the issue informally by contacting us at hinoki.app@gmail.com.

For users in the European Union, these Terms do not override any mandatory consumer protections provided by the laws of your country of residence.

Severability and Waiver

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.

Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision or any other provision.

Paid Tier and Subscription Terms

Paid Tier

Hinoki AI offers a single paid subscription tier. By subscribing to the paid tier, you gain access to additional features, including the ability to save up to 25 snippets.

Automatic Billing

Subscriptions are billed monthly on a recurring basis. Payment will be automatically charged to your chosen payment method via Stripe at the beginning of each billing cycle.

Prorated Refunds

If you cancel your subscription before the end of the billing cycle, you may be eligible for a prorated refund for the unused portion of your subscription. Refund requests must be submitted within 14 days of the charge date.

14-Day Buyback Guarantee

If you are dissatisfied with the Service, you may request a full refund within 14 days of your initial subscription purchase. To request a refund, contact us at hinoki.app@gmail.com.

Snippet Limits

Free Tier Limitations: Users on the free tier are limited to saving up to 25 snippets. If you exceed this limit, you will need to delete existing snippets to add new ones. Deleted snippets cannot be recovered.

Upgrade Prompt: If you attempt to save a snippet beyond the 25-snippet limit, a pop-up notification will prompt you to upgrade to the paid tier.

Payment Processing

Stripe: All payments are processed through Stripe, a secure third-party payment processor. By subscribing to the paid tier, you agree to Stripe's Terms of Service and Privacy Policy.

Payment Authorization: By providing your payment information, you authorize us to charge your payment method for the subscription fee on a recurring monthly basis.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle, and you will retain access to the paid tier features until the end of that cycle.

If you cancel your subscription and are eligible for a prorated refund, the refund will be processed within 7-10 business days.

Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide notice at least 30 days before the updated Terms take effect. By continuing to use the Service after the changes become effective, you agree to be bound by the revised Terms. If you do not agree, you must stop using the Service.

Limitation of Liability

To the fullest extent permitted by law, Hinoki AI and its affiliates, licensors, and suppliers shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use or inability to use the Service. This includes, but is not limited to, any issues arising from the deletion of snippets or the inability to save additional snippets due to tier limitations.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied. We do not guarantee that the Service will meet your requirements, operate without interruption, or be free from errors or harmful components. This includes, but is not limited to, any issues related to snippet storage, deletion, or recovery.

Contact Information

If you have any questions about your subscription, refunds, or snippet limits, please contact us: