Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Hackmamba Inc., a Delaware corporation doing business as Boki (“Boki,” “we,” “us,” or “our”), governing your access to and use of the Boki platform, including the website at boki.io, the application at app.boki.io, and all related services, features, and content (collectively, the “Service”).

By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.

2. Definitions

The following definitions apply throughout these Terms:

• “Content” means any text, documents, articles, briefs, plans, images, media, code, comments, feedback, or other materials that you create, upload, submit, store, or transmit through the Service.
• ”Workspace” means a multi-tenant organizational unit within the Service through which you and your authorized team members collaborate.
• ”Subscription Plan” means the tier of Service access you have selected, including any free or paid plans as described on our pricing page.
• ”AI Features” means any functionality within the Service that uses artificial intelligence or machine learning, including content analysis, technical reviews, marketing reviews, and agent-based report generation.
• ”Third-Party Services” means external platforms, tools, or services that integrate with the Service, including but not limited to social media platforms, cloud storage providers, and payment processors.

3. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you (a) are at least 18 years old, (b) have the legal capacity to enter into a binding agreement, (c) are not prohibited from using the Service under any applicable law, and (d) will use the Service only for lawful purposes and in compliance with these Terms.

4. Account Registration and Security

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration and keep your account information updated.
• Maintain the confidentiality of your account credentials, including your password.
• Accept responsibility for all activities that occur under your account, whether or not you authorized them.
• Notify us immediately at hi@hackmamba.io if you suspect any unauthorized access to or use of your account.

We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate, incomplete, or fraudulent. You may not create more than one account, share your account credentials with others, or transfer your account to another person without our prior written consent.

5. Subscription Plans, Billing, and Payments

5.1 Plans

The Service is offered under tiered Subscription Plans, which may include a free tier (“Creator”) and paid tiers (“Team” and “Agency”). The features, usage limits, and pricing for each plan are described on our pricing page and may be updated from time to time. We will provide reasonable notice of any material changes to plan pricing or features.

5.2 Billing and Payment

Paid Subscription Plans are billed in advance on a monthly or annual basis, depending on your selection. All payments are processed through our third-party payment processor, Stripe, Inc. (“Stripe”). By subscribing to a paid plan, you authorize us to charge the payment method on file for all applicable fees. You are responsible for providing a valid payment method and ensuring sufficient funds are available.

5.3 Auto-Renewal

Paid Subscription Plans automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel auto-renewal at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that date.

5.4 Refunds

Fees are generally non-refundable except where required by applicable law. If you believe you have been charged in error, please contact us at hi@hackmamba.io within 30 days of the charge, and we will review your request in good faith.

5.5 Taxes

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes, levies, or duties, excluding taxes based solely on our net income.

5.6 Plan Changes

You may upgrade or downgrade your Subscription Plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the billing cycle. Downgrades take effect at the start of the next billing cycle.

6. Permitted Use and Restrictions

6.1 License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes in accordance with your Subscription Plan.

6.2 Prohibited Activities

You agree not to, and will not permit any third party to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
• Upload, transmit, or distribute any Content that is defamatory, obscene, abusive, invasive of privacy, harassing, threatening, or otherwise objectionable.
• Infringe upon or misappropriate the intellectual property rights, privacy rights, or other proprietary rights of any third party.
• Distribute spam, unsolicited commercial messages, phishing attempts, or malware through the Service.
• Attempt to gain unauthorized access to any portion of the Service, other users’ accounts, or any systems or networks connected to the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use any automated means, including bots, scrapers, or crawlers, to access or interact with the Service without our prior written consent.
• Interfere with or disrupt the integrity, security, or performance of the Service or its underlying infrastructure.
• Resell, sublicense, or commercially redistribute the Service or any portion thereof without our prior written consent.
• Use the AI Features to generate content that is intentionally misleading, deceptive, or designed to impersonate real individuals without their consent.
• Circumvent any usage limits, access controls, or security measures implemented in the Service.

7. User Content

7.1 Ownership

You retain all right, title, and interest in and to the Content you create, upload, or store through the Service. Boki does not claim ownership of your Content.

7.2 License Grant to Boki

By submitting Content to the Service, you grant Boki a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, process, and display your Content solely to the extent necessary to operate, maintain, and improve the Service, provide customer support, and comply with legal obligations. This license persists for the duration of your use of the Service and for a reasonable period thereafter necessary for backup and archival purposes, unless you request earlier deletion.

7.3 Content Responsibility

You are solely responsible for all Content you submit, publish, or distribute through the Service. You represent and warrant that you own or have the necessary rights, licenses, and permissions to use and authorize Boki to use your Content as described in these Terms, and that your Content does not violate the rights of any third party.

7.4 Content Monitoring

We do not pre-screen Content, but reserve the right (though not the obligation) to review, monitor, or remove Content that we reasonably believe violates these Terms, applicable law, or our policies. We are not responsible for any Content provided by users of the Service.

8. AI Features and Generated Content

The Service includes AI Features powered by third-party artificial intelligence models. You acknowledge and agree that:

• AI-generated outputs are provided on an “as is” basis and may contain errors, inaccuracies, or biases. You are responsible for reviewing and verifying all AI-generated content before use or publication.
• Content you submit to AI Features may be processed by third-party AI service providers (such as Google) to generate outputs. We do not use your Content to train third-party AI models unless you separately consent to such use.
• Boki makes no representations or warranties regarding the accuracy, completeness, reliability, or fitness for any particular purpose of AI-generated content.
• You retain responsibility for any AI-generated content that you publish or distribute, including ensuring compliance with applicable laws and the rights of third parties.
• AI Features are subject to usage limits that vary by Subscription Plan and may change over time.

9. Intellectual Property

9.1 Boki’s Intellectual Property

The Service and all related technology, including but not limited to software, algorithms, designs, text, graphics, logos, trademarks, and trade dress, are the exclusive property of Hackmamba Inc. or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service or our intellectual property except for the limited license set forth in Section 6.1.

9.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant us an irrevocable, perpetual, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback without obligation or compensation to you.

9.3 DMCA and Copyright Notices

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any Content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent at hi@hackmamba.io. Your notice must include: (a) a description of the copyrighted work, (b) the location of the allegedly infringing material on the Service, (c) your contact information, (d) a statement of good faith belief that the use is unauthorized, and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

10. Third-Party Services and Integrations

The Service allows you to connect and interact with Third-Party Services, including but not limited to social media platforms (X/Twitter, LinkedIn), cloud storage providers (Google Drive, Dropbox), and payment processors (Stripe). You acknowledge and agree that:

• Your use of Third-Party Services is subject to the respective terms and privacy policies of those services, and you are responsible for reviewing and complying with them.
• Boki is not responsible for the availability, accuracy, or content of Third-Party Services, or for any loss or damage arising from your use of them.
• When you connect a Third-Party Service, you authorize Boki to access and use data from that service on your behalf, as described in our Privacy Policy.
• We may modify, suspend, or discontinue integrations with Third-Party Services at any time.

11. Data Handling and Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy. By using the Service, you consent to the practices described therein. If you use the Service on behalf of an organization that requires a Data Processing Agreement (“DPA”), please contact us at hi@hackmamba.io.

12. Service Availability, Modifications, and Discontinuation

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We reserve the right to:

• Modify, update, or enhance the Service at any time, including adding or removing features.
• Temporarily suspend access to the Service for scheduled maintenance, upgrades, or emergency repairs.
• Discontinue the Service or any part thereof with at least 30 days’ prior written notice, during which time you may export your Content.

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, provided we comply with the notice provisions set forth above.

13. Termination

13.1 Termination by You

You may terminate your account at any time by using the account settings within the Service or by contacting us at hi@hackmamba.io. Termination does not entitle you to a refund of any prepaid fees, except where required by applicable law.

13.2 Termination by Boki

We may suspend or terminate your account and access to the Service immediately, without prior notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or pose a threat to the security or integrity of the Service or other users. We may also terminate your account with 30 days’ notice for any other reason.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your Content and account data within a reasonable period following termination, subject to our data retention obligations and our Privacy Policy. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 7 (User Content), 9 (Intellectual Property), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 17 (Governing Law and Dispute Resolution), and 19 (General Provisions).

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BOKI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BOKI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOKI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BOKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BOKI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO BOKI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Boki, Hackmamba Inc., and their respective officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service, (b) your Content, (c) your violation of these Terms, (d) your violation of any applicable law or the rights of any third party, or (e) any activity under your account, whether or not authorized by you.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

17.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the seat of arbitration shall be Wilmington, Delaware. The language of arbitration shall be English. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights. Additionally, claims that qualify for small claims court may be brought in such court instead of arbitration.

17.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration against Boki.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Last updated” date at the top of this page and notify you by email or through a prominent notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and close your account.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any Subscription Plan terms, constitute the entire agreement between you and Boki with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19.3 Waiver

The failure of Boki to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if in writing and signed by an authorized representative of Boki.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

19.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, power outages, internet failures, government actions, or labor disputes.

19.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to Boki must be sent to hi@hackmamba.io or by mail to the address listed in Section 20.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us: