Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Mightysmart, LLC, doing business as HokuFetch (“HokuFetch,” “we,” “our,” or “us”), and govern your access to and use of the HokuFetch websites, applications, repository scans, and related services (the “Service”).

By creating an account, purchasing a subscription, or using the Service, you agree to these Terms. If you use HokuFetch for an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

1. Agreement and eligibility

You must be at least 18 years old and legally able to enter into these Terms. You may not use the Service if applicable law bars you from receiving it. If you do not agree to these Terms, do not use the Service.

2. The Service

HokuFetch provides automated, source-informed scans that help identify potential release-readiness, accessibility, security, performance, code-quality, and product-experience issues. Features may include findings, remediation plans, comparisons, task tracking, shared reports, repository monitoring, and notifications.

Some features, limits, and availability depend on your plan. We may label features as beta, preview, or experimental. Those features may change, be unavailable, or contain errors.

3. Accounts and security

You must provide accurate account information and keep it current. You are responsible for activity under your account and for protecting access to your authentication method. Tell us promptly at team@hokufetch.ai if you suspect unauthorized use. You may not share account access in a way that defeats plan limits or security controls.

4. Repository authorization and content

You retain ownership of repositories and other material you connect or submit (“Your Content”). You represent and warrant that you have all rights and permissions necessary for HokuFetch to access, process, and assess Your Content, including any personal information, confidential information, or third-party material it contains.

You authorize HokuFetch and its service providers to access and temporarily process Your Content only as needed to provide, secure, support, and improve the Service. HokuFetch requests read-only repository access, does not execute repository code, and does not write changes back to GitHub. Our Privacy Policy describes our source-handling and retention practices.

5. Acceptable use

You may not use the Service to:

  • access or assess a repository without authorization;
  • violate law or another person's privacy, intellectual property, confidentiality, or contractual rights;
  • upload malware or use the Service to develop, distribute, or facilitate malicious code or unlawful activity;
  • interfere with, overload, probe, scan, or circumvent the Service, its security, rate limits, or access controls;
  • reverse engineer or attempt to extract non-public source code from the Service, except where law prohibits this restriction;
  • resell, sublicense, or provide the Service to third parties without our written permission; or
  • misrepresent scan results or use them as proof of certification, compliance, or guaranteed security.

6. Subscriptions, fees, and payment

Paid plans are billed in advance on a recurring monthly or annual basis, as selected at checkout. Your subscription automatically renews for the same billing period until you cancel. Before purchase, Stripe Checkout displays the price, billing frequency, applicable discount, and renewal terms. By purchasing, you authorize Stripe to charge your selected payment method for recurring fees and applicable taxes.

Prices are shown in U.S. dollars unless stated otherwise. You are responsible for applicable taxes other than taxes on our income. If payment fails, we or Stripe may retry the charge, ask you to update your payment method, limit paid features, or suspend the subscription. We may change future pricing with advance notice required by law; a price change will not alter a period you have already paid for.

7. Launch offer and promotions

The HokuFetch launch offer is available only to eligible, first-time Pro subscribers who choose monthly billing before the offer ends. The current offer applies a 50% discount to the first three monthly charges ($6 per month, $18 total), after which the subscription renews automatically at the then-current standard monthly price (currently $12 per month) unless you cancel before the next charge.

The launch offer is applied automatically when eligibility is shown at checkout, cannot be combined with another promotion, has no cash value, and may be limited or withdrawn for future purchases. Returning subscribers and annual subscriptions are not eligible. If checkout displays different offer terms, those terms govern that purchase.

8. Cancellation and refunds

You may cancel a paid subscription at any time through the customer billing portal linked from the Billing section of your HokuFetch dashboard. Cancellation takes effect at the end of the current paid billing period, and you will retain paid access until then. Cancel before your next renewal date to avoid the next charge.

Except where required by law or expressly stated at purchase, payments are non-refundable and we do not provide credits for partial billing periods or unused time. If you cannot access the billing portal, contact team@hokufetch.ai. Nothing in these Terms limits any cancellation or refund right that cannot lawfully be waived.

9. Ownership and licenses

HokuFetch and its licensors own the Service, including its software, design, trademarks, documentation, and generated presentation formats. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business or personal purposes.

You may use, copy, and adapt scan results and remediation plans generated for you. You grant us a perpetual, worldwide, royalty-free right to use feedback you voluntarily provide, without identifying you or disclosing Your Content.

10. Third-party services

The Service connects with or relies on third-party services, including Google, Firebase, GitHub, Google Cloud, and Stripe. Your use of those services is governed by their terms and policies. We are not responsible for third-party services, their availability, or changes they make. You may disconnect GitHub access, but doing so may disable repository features.

11. Scan limitations

HokuFetch findings are automated, informational signals based on the repository content and product behavior available at the time of a scan. Findings may be incomplete, inferred, incorrect, or become outdated. HokuFetch does not replace human review, testing, professional judgment, penetration testing, a security audit, or legal, compliance, accessibility, or other professional advice.

You are responsible for confirming findings, reviewing proposed changes, testing remediations, maintaining backups, and deciding whether and how to deploy. A score, finding, completed scan, or absence of a finding does not certify compliance, guarantee security, or promise that an application is error-free or ready for release.

12. Availability and Service changes

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free operation. We may maintain, modify, limit, or discontinue features and may establish reasonable usage, repository, scan, storage, or concurrency limits. When a material change adversely affects a paid plan, we will provide notice where reasonably practicable or required by law.

13. Suspension and termination

You may stop using HokuFetch at any time and may request account deletion. We may suspend or terminate access if you materially breach these Terms, create security or legal risk, fail to pay, or use the Service in a way that could harm HokuFetch or others. When circumstances allow, we will provide notice and a chance to cure. We may also discontinue the Service with reasonable notice.

Provisions that by their nature should survive termination will survive, including ownership, payment obligations, scan limitations, disclaimers, limitations of liability, indemnification, and dispute terms.

14. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” HokuFetch disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

15. Limitation of liability

To the maximum extent permitted by law, HokuFetch and its affiliates, officers, employees, contractors, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, use, or business opportunity, arising from or related to the Service or these Terms, even if advised of the possibility of those damages.

To the maximum extent permitted by law, the aggregate liability of HokuFetch and those parties for all claims arising from or related to the Service or these Terms will not exceed the greater of (a) the amount you paid HokuFetch during the 12 months before the event giving rise to liability or (b) $100.

These limitations do not apply to liability that cannot lawfully be limited or excluded.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless HokuFetch and its affiliates, officers, employees, and contractors from third-party claims, damages, losses, and reasonable legal fees arising from Your Content, your use of the Service, your violation of these Terms, or your violation of another person's rights. This obligation does not apply to the extent a claim results from HokuFetch's own unlawful conduct.

17. Governing law and disputes

California law governs these Terms, without regard to conflict of laws rules. The state and federal courts located in San Francisco County, California will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Service, and you and HokuFetch consent to their jurisdiction and venue. Before filing a claim, each party agrees to make a good-faith effort for 30 days to resolve the dispute informally after receiving written notice. This section does not prevent either party from seeking urgent injunctive relief.

18. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms with a new “Last updated” date and give additional notice of material changes when required by law. A material change will apply prospectively. Your continued use of the Service after revised Terms take effect means you accept them.

19. General terms

These Terms and the policies they incorporate are the entire agreement between you and HokuFetch regarding the Service. If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions will stay in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a reorganization, merger, acquisition, or sale of assets. These Terms do not create a partnership, agency, employment, or joint venture.

20. Contact us

Questions about these Terms may be sent to:

Mightysmart, LLC
Doing business as HokuFetch
4639 California Street
San Francisco, CA 94118
United States
team@hokufetch.ai