hLink™ AI Form Assistant

1. PARTIES AND DEFINITIONS

This End User License Agreement ("Agreement" or "EULA") is entered into between Hagimo Holdings, LLC, a Tennessee limited liability company ("Hagimo," "we," "us," or "our") with its principal place of business at 4013 Flowing Creek Dr, Franklin, TN 37064, and the individual or entity licensing the hLink™ AI Form Assistant software ("Licensee," "you," or "your").

Definitions:

"Software" means the hLink™ AI Form Assistant, including all AI models, algorithms, code, documentation, and updates provided by Hagimo.
"Service" means the cloud-based AI form assistance platform and related services.
"License Key" means the unique identifier that activates the Software for specific URLs and form configurations.
"Unique Visitors" means individual users accessing forms with active hLink assistance, tracked by session.
"PHI" means Protected Health Information as defined under HIPAA.

2. GRANT OF LICENSE

2.1 License Grant

Subject to the terms of this Agreement, Hagimo grants you a non-exclusive, non-transferable, revocable license to use the Software solely for your internal business purposes in accordance with the selected pricing plan and within the usage limits specified in your order.

2.2 License Scope

Your license is specifically tied to:

The exact URL(s) specified in your license key
The form configuration "fingerprint" captured during initial activation
The visitor and form limits of your selected plan

2.3 License Restrictions

You may not:

Modify, reverse engineer, decompile, or disassemble the Software
Remove or alter any proprietary notices or labels
Use the Software beyond your licensed visitor or form limits
Transfer, sublicense, or redistribute the Software
Use the Software for competing AI form assistance services
Attempt to extract, copy, or reproduce our AI models or algorithms

3. USAGE LIMITATIONS AND COMPLIANCE

3.1 Plan Limitations

Your use is limited to the plan specifications:

Starter: 2 active forms, 1,000 unique visitors per month
Professional: 12 active forms, 5,000 unique visitors per month
Enterprise: 30 active forms, 25,000 unique visitors per month

3.2 Overage Charges

Usage exceeding plan limits will incur additional charges as specified in current pricing.

3.3 Acceptable Use

You agree to use the Software only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards.

4. DATA PRIVACY AND SECURITY

4.1 Data Handling

All data transmission occurs over SSL encryption. Hagimo does not intentionally collect, store, or process PHI or other sensitive personal information from your forms.

4.2 Incidental PHI

If PHI is inadvertently transmitted to our systems without our request, we will delete such information immediately upon identification.

4.3 Business Associate Agreement

For clients handling PHI, a separate Business Associate Agreement (BAA) may be executed upon request.

4.4 Your Responsibilities

You are solely responsible for:

All data privacy compliance for your forms and users
Obtaining necessary user consents
Compliance with GDPR, CCPA, HIPAA, and other applicable privacy laws
Configuring your forms to minimize data exposure

5. INTELLECTUAL PROPERTY

5.1 Hagimo IP

The Software, including all AI models, algorithms, code, and documentation, constitutes valuable proprietary and confidential information of Hagimo. All right, title, and interest remain with Hagimo.

5.2 Your Content

You retain ownership of your form content and user data. You grant Hagimo a limited license to process such content solely to provide the Service.

5.3 Feedback

Any feedback, suggestions, or improvements you provide may be used by Hagimo without obligation or compensation.

6. SERVICE LEVELS AND AVAILABILITY

6.1 Service Availability

Service availability is pass-through from our infrastructure provider, Data Suites of Murfreesboro, TN, operating from a SOC2 compliant facility with 30 days standalone runtime capability.

6.2 No Uptime Guarantees

Hagimo makes no specific uptime guarantees or service level commitments.

6.3 Maintenance

We may perform scheduled maintenance with reasonable advance notice when possible.

7. SUPPORT

7.1 Support Scope

Support includes technical assistance with Software installation, configuration, and basic troubleshooting via email.

7.2 Response Time

We will use commercially reasonable efforts to respond to support requests but make no specific response time commitments.

7.3 Support Exclusions

Support does not include custom development, extensive training, or troubleshooting of your form or website issues unrelated to the Software.

8. FEES AND PAYMENT

8.1 Fees

You agree to pay all fees according to your selected pricing plan and any applicable overage charges.

8.2 Payment Terms

Fees are due in advance. Monthly plans are billed monthly; annual plans receive a 15% discount.

8.3 Late Payment

Overdue accounts may result in Service suspension after 30 days written notice.

9. TERM AND TERMINATION

9.1 Term

This Agreement begins upon license activation and continues until terminated.

9.2 Termination Rights

Either party may terminate at any time with or without cause by providing written notice.

9.3 Refund Policy

Full refund available if fewer than 10 unique visitors have used the Service under your license
No refunds after 10 unique visitors have accessed the Service
Pro-rated refunds not available for partial month usage

9.4 Effect of Termination

Upon termination:

Your license immediately expires
You must cease all use of the Software
Any stored configuration data will be deleted within 30 days

10. WARRANTIES AND DISCLAIMERS

10.1 Limited Warranty

Hagimo warrants that the Software will perform substantially as described in the documentation under normal use.

10.2 DISCLAIMER

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. HAGIMO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 No Guarantee of Results

While the Software is designed to improve form completion rates, we make no guarantees regarding specific performance improvements or business outcomes.

11. LIMITATION OF LIABILITY

11.1 Liability Cap

HAGIMO'S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.2 Excluded Damages

IN NO EVENT SHALL HAGIMO BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

11.3 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose.

12. INDEMNIFICATION

12.1 Your Indemnification

You agree to indemnify and hold Hagimo harmless from any claims arising from:

Your use of the Software
Your form content or data practices
Your violation of this Agreement
Your violation of applicable laws or third-party rights

13. GENERAL PROVISIONS

13.1 Governing Law

This Agreement is governed by Tennessee law without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes shall be resolved in state or federal courts located in Tennessee.

13.3 Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.

13.4 Amendments

We may update this Agreement by posting a new version on our website with 30 days notice.

13.5 Severability

If any provision is held invalid, the remainder of the Agreement remains in effect.

13.6 Force Majeure

Neither party is liable for delays due to circumstances beyond their reasonable control.

13.7 Assignment

You may not assign this Agreement without our written consent. We may assign this Agreement without restriction.

End User License Agreement (EULA)