Terms of Service

1. Acceptance of Terms

By accessing, browsing, registering for, or otherwise using the Service in any manner, you affirm that you are at least sixteen (16) years of age, that you have the legal capacity to enter into a binding contract, and that you accept and agree to be bound by these Terms, together with any policies, guidelines, or supplemental terms referenced herein or otherwise made available by the Operator from time to time. Your use of the Service constitutes your unconditional acceptance of these Terms.

If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms “you” and “your” shall refer to that entity. If you do not have such authority, you must not use the Service on behalf of that entity.

If you do not agree to these Terms in their entirety, you must not access or use the Service. Your continued use of the Service following any modification to these Terms constitutes your acceptance of such modifications.

2. Service Description

honoa is a software-as-a-service platform that enables Users to create, edit, and publish websites through a drag-and-drop canvas builder. The Service includes, but is not limited to, the following features:

• A visual, drag-and-drop website builder for designing and editing web pages on a canvas;
• Hosting and deployment of User-created websites to the public internet;
• E-commerce and webshop functionality, including product catalogs, orders, inventory management, and payment processing through Stripe;
• A content management system (CMS) for structured content, together with media uploads stored on Amazon Web Services (AWS) S3;
• AI-powered features, including copy generation, SEO analysis, and translation, provided via the Anthropic API;
• Team and workspace collaboration tools;
• Analytics and usage reporting;
• An affiliate program; and
• Subscription billing administered through Stripe.

The Operator reserves the right, at its sole discretion and at any time, to add, modify, suspend, or discontinue any feature, functionality, or component of the Service, in whole or in part, with or without notice, and without any liability to you or any third party. The features available to you may depend on your subscription plan.

3. Account Registration

To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to keep that information accurate, current, and complete at all times. You are solely responsible for the accuracy of the information you provide, and the Operator shall have no liability arising from inaccurate, outdated, or incomplete information you supply.

You are solely responsible for safeguarding the credentials associated with your account, including your password and any authentication tokens, and for all activities that occur under your account, whether or not authorized by you. You agree to notify the Operator immediately of any unauthorized access to or use of your account or any other breach of security. The Operator will not be liable for any loss, damage, or other consequence arising from your failure to maintain the confidentiality and security of your account credentials, or from any unauthorized use of your account.

You may not share your account, transfer your account to any other party, or use another User’s account without permission. The Operator reserves the right to suspend or terminate any account that contains false, inaccurate, or misleading information, or that is used in violation of these Terms.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and for ensuring that your use of the Service complies with all applicable laws, regulations, and third-party rights. Without limiting the foregoing, you agree that you will not, and will not permit any third party to, use the Service to:

• Upload, publish, host, transmit, distribute, or otherwise make available any content that is illegal, unlawful, fraudulent, defamatory, libelous, obscene, pornographic, hateful, discriminatory, threatening, or otherwise objectionable;
• Send, facilitate, or enable spam, unsolicited bulk communications, phishing, or any other deceptive or fraudulent communications;
• Distribute, host, or transmit malware, viruses, worms, trojan horses, ransomware, or any other malicious or harmful code;
• Infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;
• Harass, abuse, stalk, threaten, defame, or otherwise harm any individual or group;
• Scrape, crawl, harvest, data-mine, or otherwise extract data from the Service through automated or manual means except as expressly authorized in writing by the Operator;
• Attempt to gain unauthorized access to, probe, scan, or test the vulnerability of the Service, any account, any system, or any network connected to the Service, or breach or circumvent any security or authentication measures;
• Overload, flood, spike, impair, disrupt, or otherwise interfere with the integrity, performance, or availability of the Service, including through denial-of-service attacks or excessive automated requests;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Service;
• Resell, sublicense, rent, lease, or otherwise commercially exploit the Service except as expressly permitted under your subscription plan; or
• Use the Service in any manner that violates any applicable local, national, or international law or regulation.

The Operator reserves the right, but assumes no obligation, to monitor, review, refuse, remove, disable, or restrict access to any content or activity, and to suspend or terminate any account, at any time, in its sole discretion, with or without notice, for any reason, including suspected violation of this Acceptable Use Policy. You acknowledge and agree that any such action by the Operator shall not give rise to any liability on the part of the Operator, and that any violation of this Acceptable Use Policy is your sole responsibility and is never the fault or responsibility of the Operator.

5. User Content

“User Content” means any and all content, data, text, images, graphics, video, audio, designs, layouts, products, listings, code, and other materials that you or your collaborators create, upload, publish, store, transmit, or otherwise make available through the Service. As between you and the Operator, you retain all ownership rights in and to your User Content, subject to the license granted below.

By submitting, uploading, or publishing User Content through the Service, you grant the Operator a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, cache, reproduce, adapt, modify (for technical purposes such as formatting and resizing), publish, transmit, distribute, publicly display, and publicly perform your User Content, solely to the extent necessary to operate, provide, improve, and promote the Service and to deliver your published websites to end users. This license continues for as long as your User Content is stored or published on the Service and for a reasonable period thereafter for backup and technical purposes.

You are solely and exclusively responsible for all User Content that you create, upload, publish, or otherwise make available through the Service, including its legality, accuracy, appropriateness, and compliance with all applicable laws and third-party rights. You represent and warrant that you own or have obtained all rights, licenses, consents, and permissions necessary to use and authorize the Operator to use your User Content as described in these Terms, and that your User Content does not and will not infringe, misappropriate, or violate the rights of any third party or any applicable law.

The Operator does not endorse, verify, monitor, or assume any responsibility for any User Content. To the maximum extent permitted by applicable law, the Operator shall have zero liability with respect to any User Content, including any loss, deletion, corruption, or unavailability of User Content, and you agree that you bear all risk associated with your User Content and its use.

6. Intellectual Property

The Service, including all software, source code, object code, designs, user interfaces, text, graphics, logos, trademarks, templates, documentation, and all other materials comprising the Service (excluding User Content), and all intellectual property rights therein, are and shall remain the sole and exclusive property of the Operator and its licensors. Except for the limited right to use the Service in accordance with these Terms, no right, title, or interest in or to the Service is transferred or granted to you.

You agree that you will not copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Service, except to the limited extent such restriction is expressly prohibited by applicable law. You may not remove, obscure, or alter any proprietary notices contained in or displayed by the Service.

Subject to your compliance with these Terms, you retain all intellectual property rights in and to the original designs, layouts, and creative works that you produce using the Service, excluding any underlying templates, components, code, or other materials provided by the Operator. Nothing in these Terms grants you any right to use the Operator’s name, trademarks, logos, or branding without the Operator’s prior written consent.

7. Payment & Billing

Certain features of the Service require payment of fees. All payments are processed by our third-party payment processor, Stripe, and by submitting payment information you agree to Stripe’s applicable terms and policies. You authorize the Operator and Stripe to charge the payment method you provide for all applicable fees, taxes, and charges incurred in connection with your subscription or use of the Service.

Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected by you) and automatically renew at the end of each billing period unless and until you cancel prior to the renewal date. By subscribing, you authorize recurring charges to your payment method for each renewal term until you cancel. You are responsible for cancelling your subscription before the renewal date to avoid being charged for the next billing period.

All fees are non-refundable and all sales are final. Except where required by mandatory applicable law, the Operator does not provide refunds, credits, or proration for partial billing periods, unused features, downgrades, or cancellations, regardless of the reason. No refund will be issued upon termination or suspension of your account, including termination for violation of these Terms.

The Operator reserves the right to change its pricing, fees, and billing structure at any time. The Operator will provide reasonable advance notice of any material price change, which will take effect at the start of your next billing period following the notice. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing. You are responsible for all applicable taxes associated with your use of the Service, other than taxes based on the Operator’s net income.

8. Third-Party Services

The Service integrates with and relies upon various third-party services and providers, including but not limited to Stripe (payment processing and billing), Amazon Web Services / AWS S3 (media storage and hosting infrastructure), Google (optional OAuth authentication), and Anthropic (AI-powered features). Your use of these integrations may be subject to the respective third party’s terms of service and privacy policies, and you are responsible for reviewing and complying with those terms.

The Operator does not control and is not responsible for any third-party service, and the Operator shall have no liability whatsoever for any act, omission, failure, error, interruption, outage, security incident, data loss, or other event caused by or arising from any third-party service. Any failure, degradation, suspension, or discontinuation of a third-party service may affect the availability or functionality of the Service, and the Operator shall not be liable for any such impact. Your dealings with any third party are solely between you and that third party.

9. Service Availability

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Operator does not guarantee that the Service will be available, uninterrupted, timely, secure, or error-free at any given time or for any particular duration. The Operator makes no service-level commitment or uptime guarantee of any kind, and no service level agreement (SLA) applies unless separately agreed in a signed written contract.

The Operator may, at its sole discretion and at any time, with or without notice, modify, suspend, interrupt, throttle, limit, or discontinue the Service or any part of it, including for maintenance, upgrades, security, capacity, legal, or business reasons. The Operator may also suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. The Operator shall not be liable to you or any third party for any modification, suspension, interruption, or discontinuation of the Service.

10. Disclaimer of Warranties

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless the Operator and its officers, directors, employees, agents, affiliates, suppliers, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or in connection with: (a) your access to or use of the Service; (b) your User Content, including any content you publish, host, or transmit through the Service; (c) your violation of these Terms or any policy referenced herein; (d) your violation of any applicable law or regulation; or (e) your violation or infringement of any rights of any third party, including any intellectual property, privacy, publicity, or other rights. The Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with the Operator’s defense of such claim. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

13. Termination

The Operator may, in its sole and absolute discretion, suspend, restrict, disable, or terminate your access to the Service or your account, in whole or in part, at any time, for any reason or no reason, with or without notice, and without any liability to you or any third party. Reasons for termination may include, without limitation, your violation of these Terms, suspected fraudulent or unlawful activity, non-payment, or the Operator’s decision to discontinue the Service.

You may terminate your account at any time by following the cancellation procedures within the Service or by contacting support. Termination by you does not entitle you to any refund of fees already paid.

Upon termination or suspension of your account for any reason, your right to access and use the Service immediately ceases, and your User Content, account data, and any published websites may be deactivated and permanently deleted without further notice and without any liability to you. The Operator is under no obligation to retain, store, export, or return your User Content following termination. You are solely responsible for maintaining your own backups of your User Content. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, and indemnification.

14. Governing Law & Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. You and the Operator agree that the competent courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Service, and you irrevocably submit to the exclusive jurisdiction of those courts. Nothing in this section limits any mandatory consumer rights you may have to bring proceedings in the courts of your country of residence where such rights cannot be excluded by agreement.

15. Changes to These Terms

The Operator reserves the right to modify, amend, or replace these Terms at any time, in its sole discretion. When we make material changes, we will update the “Last updated” date at the top of this page and, where required by applicable law or where we deem appropriate, provide additional notice. It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued access to or use of the Service after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

16. Contact

If you have any questions about these Terms, please contact us at [email protected].