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Terms and Conditions

Last updated: 28.05.2025

v2.0 Last edited on May 28, 2025

Introduction

Welcome to our Terms of Service ("Terms"). Please read these Terms carefully before using our services and website. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our services.

1. Definitions

  • Company/We/Us/Our: Refers to Hardal Inc., a Delaware corporation registered with the file number 564800.
  • Services: All services, applications, websites, and products provided by the Company.
  • Software: The programs, applications, code, and other digital materials provided by the Company as part of the Services.
  • User/You/Your: The individual or entity using our Services and/or Software.
  • Account: A registered profile created to access and use our Services.
  • License: The limited permission granted to User to access and use the Software.
  • Subscription: The recurring payment arrangement for continued access to the Services and Software.
  • Subscription Period: The duration of time for which access to the Services is granted following payment of applicable fees.
  • Personal Data: Any information relating to an identified or identifiable natural person.
  • Content: All information, text, graphics, photos, videos, software, and services available through our Services.

2. Service Description

2.1. Hardal provides first-party and server-side measurement infrastructure for websites and mobile applications. Our platform enables businesses to implement and manage data collection, processing, and analytics in a privacy-compliant manner.

2.2. The exact scope of Services provided shall be specified on our website on pages dedicated to subscription plans or products.

2.3. We reserve the right to change the content and the price of any subscription plan or product at any time. In this event, the change shall apply to you from the next billing period.

2.4. Our Services do not constitute business, technical, legal, or any other sort of professional advice. We shall not be liable for the result of your use of the Services.

3. Account Registration and Security

3.1. To use certain Services, you must register or be given access to an account.

3.2. You agree to provide accurate and complete information when creating your Account and to update this information to keep it accurate and current.

3.3. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account.

3.4. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.

3.5. We reserve the right to suspend or terminate your Account if any information you provide proves to be inaccurate, false, or outdated.

4. User Conduct

When using our Services, you agree not to:

4.1. Violate any applicable laws or regulations.

4.2. Infringe upon the intellectual property rights of any party.

4.3. Use the Services in any way that could damage, disable, or overburden our infrastructure.

4.4. Attempt to gain unauthorized access to our Services or computer systems.

4.5. Impersonate or misrepresent your affiliation with another person or entity.

4.6. Use the Services for any illegal or unauthorized purpose.

5. Fees and Payment

5.1. Our Services are provided on a subscription basis, with fees shared with you. We reserve the right to change the fees at any time, with such changes taking effect at the start of the next Subscription Period.

5.2. All payments are processed through third-party payment processors. We do not collect or store your payment information.

5.3. Subscription fees are charged in advance on a monthly or annual basis, as selected by you.

5.4. By providing a payment method, you authorize us to charge that payment method for all fees incurred during the Subscription Period. If your payment method cannot be charged for any reason, we reserve the right to pursue any amounts owed through other collection mechanisms.

5.5. If payment cannot be processed, we may suspend your access to the Services until payment is received. If payment is not received within 30 days of the due date, we may terminate your Account and license to the Software.

5.6. Late payments will accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5.7. Except as expressly provided in these Terms, all fees are non-refundable and payments are non-cancellable.

5.8. All prices exclude applicable taxes and duties, including VAT and applicable sales tax. You are responsible for paying all such taxes and duties that are associated with your purchase of the Services, excluding taxes based on our net income.

5.9. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date containing the amount in question to be eligible for a potential adjustment or credit.

5.10. Hardal may, at its sole discretion, offer discounts or provide special offers for the Services. Any such offer or discount shall always be subject to the eligibility criteria.. Repeated or recurring offers or discounts create no claim/title or right that you may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Hardal, as indicated in the Hardal Inc’s location details in this document, unless otherwise specified.

5.11. No additional payments are required if you are in the trial period of the product.

6. Refund Policy

6.1. Refunds are generally not available once your subscription has been activated.

6.2. If you experience technical issues with the Service that we are unable to resolve within a reasonable time frame, you may be eligible for a refund.

6.3. To request a refund, please contact us at support@usehardal.com.

6.4. Refunds may take up to 10 business days to process.

7. Intellectual Property

7.1. All content and materials available through our Services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2. Nothing in these Terms transfers any right, title, or interest in the Services or Software to you except for the limited license expressly set forth in Section 8.

7.3. You may not reproduce, distribute, modify, create derivative works, publicly display, reverse engineer, decompile, disassemble, or otherwise exploit any content, Services, or Software without our prior written consent.

7.4. Any feedback, comments, or suggestions you may provide regarding the Services or Software is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.

8. License Grant and Subscription Terms

8.1. License Grant: Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Software and Services during the applicable Subscription Period solely for your internal business purposes.

8.2. Subscription-Based Access: Your access to and use of the Software and Services is conditioned on your maintenance of an active Subscription. Upon termination or expiration of your Subscription, your license to access and use the Software and Services will automatically terminate.

8.3. Subscription Period: The initial Subscription Period begins when you create an Account and make your first payment(trial period is not included). The Subscription will automatically renew for subsequent periods of the same length unless canceled by either party as set forth in these Terms.

8.4. Restrictions: You shall not:

  • License, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the Software or Services;
  • Modify or make derivative works based upon the Software or Services;
  • Create Internet "links" to the Software or "frame" or "mirror" any content on any other server or wireless or Internet-based device;
  • Reverse engineer or access the Software or Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics, or (c) copy any ideas, features, functions or graphics;
  • Use the Software or Services to process data on behalf of any third party;
  • Exceed any usage limitations or restrictions specified in your Subscription plan;
  • Remove or alter any proprietary notices or labels on the Software or Services.

8.5. Usage Limits: The Services and Software may be subject to usage limits specified in your Subscription plan. If you exceed these limits, we reserve the right to either charge you for overages at our then-current rates or to throttle or disable certain functionalities until the start of the next Subscription Period.

8.6. Updates and Upgrades: We may, at our discretion, make updates or upgrades to the Software available. Such updates or upgrades may be automatically installed without providing additional notice or receiving additional consent. These Terms will govern any updates or upgrades provided by us that replace or supplement the original Software, unless such update or upgrade is accompanied by separate terms, in which case those terms will govern.

8. Privacy and Data Protection

8.1. Our Privacy Policy, available at [our website], explains how we collect, use, and protect your personal information.

8.2. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

8.3. We implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure.

9. GDPR Compliance

9.1. For users in the European Economic Area (EEA), we comply with the General Data Protection Regulation (GDPR).

9.2. We act as a data processor for the personal data you submit through our Services. You remain the data controller for such data.

9.3. We will only process personal data in accordance with your instructions and as necessary to provide the Services.

9.4. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

10. Limitation of Liability

10.1. To the maximum extent permitted by applicable law, we shall not be liable for:

  • The accuracy or completeness of the Services, or their content
  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss or damage arising from your use of the Services
  • Any unauthorized access to our servers or personal information
  • Any interruption or cessation of the Services
  • Any viruses, malware, or other harmful code transmitted through our Services

10.2. Our total liability for any claims under these Terms shall not exceed the amount you paid for the Services in the 12 months preceding the claim.

11. Warranties and Indemnification

11.1. Disclaimer of Warranties: THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES OR SOFTWARE MEET YOUR REQUIREMENTS.

11.2. Indemnification: You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Services or Software;
  • Your violation of these Terms;
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;
  • Any claim that your use of the Services or Software caused damage to a third party.

11.3. Defense: The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company.

12. Changes to Terms

12.1. We reserve the right to modify these Terms at any time by posting updated Terms on our website.

12.2. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

12.3. If you do not agree with the revised Terms, you can stop using our Services.

13. Term and Termination

13.1. Term: The term of this agreement commences when you create an Account and continues until all Subscriptions have expired or been terminated.

13.2. Termination by User: You may terminate your Subscription at any time by providing written notice to the Company. Such termination will be effective at the end of the then-current Subscription Period. No refunds will be provided for early termination unless expressly provided in these Terms.

13.3. Termination by Company: We may terminate or suspend your Account, Subscription, and/or access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms;
  • Failure to pay any fees when due;
  • Upon request by law enforcement or government agencies;
  • Discontinuation or material modification of the Services;
  • Technical or security issues;
  • Extended periods of inactivity;
  • If we believe, in our sole discretion, that your use of the Services poses a risk to the Services or other users.

13.4. Effect of Termination: Upon termination:

  • Your right to use the Services and Software will immediately cease;
  • We may delete or archive your Account data according to our standard data retention policies;
  • You must cease all use of the Services and Software and destroy all copies of the Software in your possession or control;
  • Any outstanding payment obligations will become immediately due.

13.5. Survival: All provisions of the Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

14.1. These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

14.2. Any dispute arising from or relating to these Terms shall be resolved exclusively in the courts of [Your Jurisdiction].

14.3. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and the Company regarding your use of the Services.

17. Export Control and Compliance with Laws

17.1. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and Software.

17.2. The Services and Software may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from the Company, or any products utilizing such data, in violation of any applicable export laws, restrictions, or regulations.

18. Electronic Communications

18.1. When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Services.

18.2. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Hardal Inc. 1401 PENNSYLVANIA AVE. UNIT 105 WILMINGTON DE, USA 19806 support@usehardal.com