NOTICE: This new agreement will become effective on October 19, 2025. The current terms, effective today remain active until then. You can review a summary of the changes here.

Master Subscription Agreement

This Master Subscription Agreement ("Agreement") governs your access to and use of the websites, products, and services (collectively, the "Services") provided by Hund, LLC ("we", "us", "our", or "Hund"). This Agreement includes and incorporates by reference our Privacy Policy, and our Data Processing Addendum ("DPA").

By accessing or using our Services, creating an account, or by executing an order form that references this Agreement, you agree to be bound by its terms.

1. Services and Scope

1.1. Provision of Services. Subject to the terms of this Agreement, Hund will provide the Services as described on our website and in any applicable ordering document.

1.2. Customer Responsibilities. You are responsible for your use of the Services and for all activities that occur under your account. You agree to use the Services in compliance with all applicable laws and our Acceptable Use Policy. You are responsible for the accuracy, quality, and legality of any data you submit to the Services ("Customer Data").

1.3. Service Availability. Hund will use commercially reasonable efforts to make the Services available in accordance with the service levels set forth in our Service Level Agreement ("SLA"), which is incorporated herein by reference. The SLA states Customer's sole and exclusive remedy for any failure by Hund to meet the specified service levels.

1.4. Suspension Rights. Hund may suspend Customer's access to the Services, in whole or in part, if: (a) Customer fails to pay any amounts due and such failure continues for 10 days after notice; (b) Customer violates the Acceptable Use Policy; or (c) Customer's actions, or those of its users, pose a security, operational, or legal risk to Hund, the Services, or any third party. Hund will use commercially reasonable efforts to limit suspension to the affected portion of the Services and to promptly restore access once the issue is resolved.

1.5. Changes to Services. Hund may modify the Services from time to time, provided such modifications do not materially reduce the overall functionality of the Services. Hund will notify Customer of any material changes in advance where reasonably practicable.

2. Security and Data Protection

2.1. Security. We will implement and maintain appropriate technical and organizational security measures to protect Customer Data, as described on our Security page.

2.2. Data Processing. We will only process Customer Data in accordance with this Agreement and our DPA. The DPA governs our processing of any Personal Data (as defined in the DPA) submitted by you to the Services and is incorporated herein by reference.

3. Fees and Payment

3.1. Fees. You agree to pay all fees specified in the applicable ordering documents or as otherwise incurred through your use of the Services. Except as otherwise specified herein or in an ordering document: (a) fees are calculated and billed based on your consumption of the Services, in accordance with the rates set forth on our public pricing page; (b) payment obligations for services purchased and consumed are non-cancelable; and (c) fees paid are non-refundable.

3.2. Invoicing and Payment. Fees will be invoiced monthly in arrears, unless otherwise specified in an ordering document. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

3.3. Taxes. Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including value-added, sales, use, or withholding taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder.

3.4. Late Payments. Overdue amounts may bear interest at the rate of 1.5% per month (or the maximum rate permitted by law, if lower) from the date due until paid. Customer shall reimburse Hund for all reasonable costs incurred in collecting overdue amounts, including reasonable attorneys' fees. Hund may suspend Services for non-payment in accordance with Section 1.4.

4. Term and Termination

4.1. Term. This Agreement commences on the date you first accept it and continues until all subscriptions hereunder have expired or have been terminated.

4.2. Auto-Renewal. Unless otherwise specified in an ordering document, each subscription will automatically renew for successive terms unless either party provides written notice of non-renewal at least 30 days before the end of the then-current subscription term. Hund may update the pricing applicable to any renewal term by providing Customer written notice at least 60 days prior to the start of such renewal term.

4.3. Termination for Cause. A party may terminate this Agreement for cause upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period.

4.4. Effect of Termination.

  1. Data Export Period. Upon the effective date of termination or expiration of this Agreement (except for a Customer-initiated deletion pursuant to Section 4.4(b)), Hund shall provide Customer with a period of thirty (30) days to access its account for the sole purpose of retrieving Customer Data ("Data Export Period"). During this period, Customer's use of the Services shall be restricted to the activities necessary for data export, and Hund shall have no obligation to provide other Services.
  2. Customer-Initiated Deletion. The Services provide a feature allowing an authorized administrator of the Customer to permanently delete their account and all associated Customer Data from Hund's production environment at any time. Customer acknowledges that by initiating this action via the Services dashboard, the deletion is immediate and irreversible, and the Data Export Period described in Section 4.4(a) will not apply.
  3. Data Deletion. Following the Data Export Period, or immediately upon a Customer-initiated deletion as described in Section 4.4(b), Hund will delete all Customer Data from its production systems.
  4. Retention of Backup Data. Notwithstanding the foregoing, Customer acknowledges that residual copies of its Customer Data will persist in Hund's secure, encrypted backup and disaster recovery systems until such time as they are overwritten and permanently deleted in accordance with Hund's standard backup rotation schedule, which shall not exceed 180 days from the date of deletion from the production environment. This backup data is held in a securely isolated state and is not processed for any other purpose.

5. Confidentiality

Each party agrees to treat as confidential all non-public information of the other party that is marked as confidential or that a reasonable person would understand to be confidential. The receiving party will use the same degree of care that it uses to protect its own confidential information of a like kind, but not less than reasonable care.

6. Warranties and Disclaimers

6.1. Warranties. Each party represents and warrants that it has the legal power to enter into this Agreement. Customer represents and warrants that it has all necessary rights, consents, and permissions to provide all Customer Data to Hund for processing as contemplated by this Agreement, and that Customer Data and Hund's use thereof will not violate any applicable laws or the rights of any third party.

6.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.3. Beta Services. From time to time, Hund may make beta or trial features or services available to Customer ("Beta Services"). Beta Services are provided solely for evaluation purposes, are not generally available, and may be discontinued at any time. Beta Services are provided “AS IS” without any warranty or service level commitment. Customer's use of Beta Services is voluntary and at its sole risk.

7. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THIS LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

8. General Provisions

8.1. Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the State of Wyoming, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration in the State of Wyoming before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules. The award of the arbitrator will be final and binding, and may be entered as a judgment in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

8.2. Entire Agreement. This Agreement, including all referenced documents, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

8.3. Modifications. We may modify this Agreement from time to time. We will provide at least 30 days' notice of any material changes by notifying you via email or through the Services. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the new terms.

8.4. Order of Precedence. This Agreement, including all documents incorporated by reference, constitutes the entire agreement between the parties concerning its subject matter. In the event of any conflict or inconsistency among the provisions of the documents making up this Agreement, the order of precedence shall be:

  1. any separate written agreement for the Services executed by both Customer and Hund;
  2. the Standard Contractual Clauses as incorporated into the DPA;
  3. the Data Processing Addendum (DPA);
  4. the Service Level Agreement (SLA);
  5. this Master Subscription Agreement (MSA);
  6. the Acceptable Use Policy (AUP);
  7. the Privacy Policy.

For the avoidance of doubt, if a separate written agreement includes a service level agreement, its terms shall prevail over the online SLA.

8.5. Force Majeure. Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond the reasonable control of such party (a "Force Majeure Event"). The party affected by a Force Majeure Event will provide prompt written notice to the other party and will use commercially reasonable efforts to end the failure or delay and minimize its effects. If a Force Majeure Event prevents a party from performing its obligations for a period of more than thirty (30) consecutive days, the other party may terminate this Agreement upon written notice.

8.6. Limited Grant. Customer owns all rights in and to Customer Data, including in each case all associated Intellectual Property Rights. Hund owns all right, title, and interest in and to the Services, Documentation, Operational Data, and Feedback, including in each case all associated Intellectual Property Rights. Hund grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for the purpose of accessing and using the Services in accordance with this Agreement.

8.7. Feedback. Customer may from time to time provide suggestions, bug reports, or other feedback to Hund with respect to the Services ("Feedback"). Feedback, even if designated as confidential by Customer, shall not create any confidentiality obligation for Hund. Hund owns all right, title, and interest in and to the Feedback.

8.8. Publicity. Hund will not use Customer's name, logo, or trademarks in any marketing, sales, or publicity materials, including on its website or in customer lists, without obtaining Customer's prior written consent for each specific use.

9. Indemnification

9.1. Indemnification by Hund. Hund will indemnify Customer from and against any damages and costs finally awarded against Customer by a court of competent jurisdiction, or for amounts paid by Customer under a settlement approved by Hund in writing, resulting from a third-party claim that the Services, as provided by Hund and used by Customer in accordance with this Agreement, directly infringe such third party's patent or copyright ("IP Claim"). Hund will also reimburse Customer for reasonable and documented out-of-pocket legal fees incurred in defending an IP Claim as required by this Section 9.

9.2. Process. Customer must provide Hund with (a) prompt written notice of the IP Claim; (b) the exclusive right to control the defense and settlement of the IP Claim; and (c) all reasonable assistance, at Hund's expense. Customer may participate in the defense with its own counsel at its own expense. Hund may not settle any IP Claim without Customer's prior written consent (not to be unreasonably withheld) if the settlement requires Customer to admit liability or pay any amount.

9.3. Infringement Remedies. If the Services become, or in Hund's opinion are likely to become, the subject of an IP Claim, Hund may, at its sole option and expense: (a) procure for Customer the right to continue using the Services under the terms of this Agreement; (b) replace or modify the Services to be non-infringing without materially degrading the functionality of the Services; or (c) if options (a) or (b) are not commercially reasonable, terminate Customer's subscription to the affected Services and provide a pro-rata refund of any prepaid, unused fees for the terminated Services.

9.4. Exclusions. Hund will have no liability or obligation under this Section 9 to the extent an IP Claim arises from: (a) Customer's use of the Services in combination with any software, hardware, data, or services not provided by Hund; (b) modification of the Services by anyone other than Hund; or (c) Customer's use of the Services in violation of this Agreement.

9.5. Indemnification by Customer. Customer will defend and indemnify Hund and its affiliates, officers, directors, and employees against any claim, demand, suit, or proceeding arising from (a) any Customer Data infringing a third party's intellectual property rights or (b) Customer's use of the Services in breach of the Acceptable Use Policy or applicable law.

9.6. Sole Remedy and Liability. THIS SECTION 9 STATES HUND'S ENTIRE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT. HUND'S TOTAL AGGREGATE LIABILITY UNDER THIS SECTION 9 SHALL BE CAPPED AS DESCRIBED IN SECTION 7 OF THIS AGREEMENT.


Previous Versions

Terms of Service (Effective May 11, 2016 - October 18, 2025)