Terms of Service
These Terms of Service (the "Terms") are a binding agreement between HeyCatch, Inc., a Delaware corporation ("HeyCatch“, ”we“, ”us“), and the person or entity using our services (”you“). By creating an account, clicking ”Continue“/”I agree", or using the Services, you agree to these Terms, our Privacy Policy, the Arbitration Agreement, the Permitted Use Policy and the Refund Policy, each incorporated into these Terms by reference.
PLEASE READ CAREFULLY: SECTION 14 AND THE ARBITRATION AGREEMENT REQUIRE DISPUTES BETWEEN YOU AND HEYCATCH TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS-ACTION WAIVER. YOU MAY OPT OUT WITHIN 30 DAYS OF ACCEPTING THESE TERMS (SEE THE ARBITRATION AGREEMENT).
1. The Services
HeyCatch provides an AI-powered growth assistant for founders — software that analyzes your product and audience and generates growth recommendations, engagement suggestions and reply drafts for third-party platforms, AI-generated short-form video content, and website analytics via an embeddable SDK (together, the "Services"). Where you connect third-party accounts, the Services can publish content you approve to those accounts at your direction. The Services are provided via heycatch.ai, app.heycatch.ai and associated apps and APIs.
2. Eligibility and accounts
You must be at least 18 and able to form a binding contract. You are responsible for your account credentials and all activity under your account. If you use the Services on behalf of a company, you represent that you are authorized to bind it, and “you” includes that company.
3. Your content and connected accounts
- "Your Content" means information, text, brand assets and data you submit, and third-party accounts or data sources you connect.
- You retain ownership of Your Content. You grant us a worldwide, non-exclusive license to host, process, display and — at your direction — transmit and publish Your Content to third-party platforms you connect, solely to provide and improve the Services. Connecting an account authorizes us and our service providers to store the access credentials/tokens needed to act on your instructions until you disconnect it.
- SDK analytics.If you install the HeyCatch analytics snippet on your website, you are the data controller of your visitors’ data and we process it as your processor under our Data Processing Addendum, incorporated into these Terms for that data. You must disclose HeyCatch in your privacy notice and obtain any legally required consents (including cookie/tracking consent where applicable) before enabling collection.
- You are solely responsible for Your Content and for having the rights to submit it.
- Where the Services help you prepare or publish content to third-party platforms, you are the publisher: you review, approve and post at your own responsibility, and you must comply with the Permitted Use Policyand each platform’s own rules.
4. Plans
Paid subscription tiers, features and prices are described at heycatch.ai/pricing and may change prospectively. Plans include usage limits (for example, daily caps on generated catches per connected platform and on video-idea generations), as described at heycatch.ai/pricing or in-app. Unused daily allowances do not roll over. We may enforce limits technically and adjust them prospectively; material reductions during your paid period will be notified in advance. Taxes (VAT/GST/sales tax) may be added depending on your location and the billing channel (Section 5).
5. Billing — two checkout channels
Purchases are processed through one of two channels, identified at checkout:
(a) Paddle (merchant of record). Where checkout is operated by Paddle (Paddle.com Inc. / Paddle.com Market Ltd.), Paddle is the merchant of record and authorized reseller: your purchase transaction (payment, invoicing, applicable taxes, and transaction-level refunds) is with Paddle and governed by Paddle’s Buyer Terms in addition to these Terms. These Terms continue to govern your use of the Services themselves.
(b) Stripe (direct purchase). Where checkout is operated by us with Stripe as payment processor, HeyCatch, Inc. is the seller of record; Stripe processes the payment on our behalf.
In both channels: subscriptions renew automaticallyfor successive periods at the then-current price until cancelled; you can cancel any time in your account settings or via the channel’s billing portal, effective at the end of the current billing period. Refunds are handled per our Refund Policy.
Introductory pricing. If you purchased under an introductory offer (Section 6), the introductory price and period apply only to your first billing period; your subscription then renews at the standard price and standard billing period disclosed at checkout, not at the introductory price. We will email you a reminder before your first standard-price renewal. Online cancellation is available in your account settings and is at least as easy as signing up.
Failed payments. If a renewal payment fails, your account is placed in read-only mode: previously delivered data remains viewable, but new generation, publishing, and analytics collection via the HeyCatch SDK are paused (events occurring while collection is paused are not collected and cannot be recovered). Payment is retried for approximately 7 days; if it does not succeed, the subscription ends. Cancelling yourself keeps full access until the end of the period already paid.
Cancellation vs. account deletion. Deleting your account or uninstalling an app does not by itself cancel your subscription — cancel first in your account settings or the billing portal, or email support@heycatch.ai and we will cancel for you. Until cancelled, renewals may continue to be charged through the billing channel.
California residents — automatic renewal.In accordance with Cal. Bus. & Prof. Code §§17600–17606: your subscription renews automatically until cancelled; the charge amount, renewal price and renewal period are presented at checkout before you pay; you can cancel online at any timein your account settings or the billing portal (at least as easy as signing up), or by emailing support@heycatch.ai with the subject “Cancel subscription”; and we will email you the acknowledgment of these terms and a reminder before your first standard-price renewal following an introductory offer.
6. Introductory offers
Some plans are sold through our marketing pages at an introductory price that applies to the first billing period only (for example, a 2-week introductory period at a reduced price). Unless you cancel before the introductory period ends, the subscription automatically converts to and renews at the standard price and standard billing period shown at checkout. The introductory price, the standard renewal price, the renewal frequency, and how to cancel are disclosed at checkout before you pay, and we will email you a reminder before your first standard-price charge. We may modify or end introductory offers prospectively at any time. There is no free tier; HeyCatch is a paid service.
7. AI outputs — important disclaimers
- Outputs are generated by machine-learning systems (including models provided by third parties such as Anthropic — see the current list in our Privacy Policy) and may be inaccurate, incomplete, or unsuitable for your situation.
- The Services provide no guarantee of business results (users, revenue, growth or engagement).
- Outputs are not legal, tax, financial or professional advice.
- You are responsible for reviewing outputs before relying on them or publishing them.
- As between you and HeyCatch, and to the extent permitted by law, you own the outputs generated for you; outputs are generated individually and similar outputs may be generated for other customers.
8. Intellectual property
The Services (software, models’ orchestration, design, branding) are owned by HeyCatch and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You may not copy, modify, resell, reverse-engineer, scrape, or build competing products from the Services except as permitted by law.
9. Feedback
If you send feedback or suggestions, we may use them without restriction or compensation.
10. Suspension and termination
You may stop using the Services and cancel at any time. We may suspend or terminate access (with notice where practicable) if you breach these Terms or the Permitted Use Policy, create risk or legal exposure for us or third parties, or where required by our platform or infrastructure partners. Provisions that by their nature should survive — including accrued payment obligations and the sections on AI outputs, intellectual property, feedback, disclaimers, liability limits, indemnification, dispute resolution, governing law, and miscellaneous terms — survive termination.
11. Disclaimer of warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA OR GOODWILL; AND (b) OUR AGGREGATE LIABILITY ARISING OUT OF THE SERVICES IS LIMITED TO THE GREATER OF US $100 OR THE AMOUNTS YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. These limits do not apply to liability that cannot be limited by law.
13. Indemnification
If you are a business user, you will defend and indemnify HeyCatch against third-party claims arising from Your Content, your published content, or your breach of these Terms or the Permitted Use Policy.
14. Dispute resolution — binding arbitration and class-action waiver
Any dispute between you and HeyCatch will be resolved by binding individual arbitration as set out in the separate Arbitration Agreement, which is part of these Terms. You and HeyCatch each waive the right to a jury trial and to participate in a class action. You may opt out within 30 days of first accepting these Terms, and either party may bring qualifying claims in small-claims court, as described in the Arbitration Agreement.
15. Governing law
These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules, except that the Federal Arbitration Act governs the Arbitration Agreement. For users in jurisdictions with mandatory consumer protections (e.g., the EU/UK), nothing in these Terms deprives you of protections you cannot waive.
16. Additional terms
- DMCA / copyright. Notices of claimed copyright infringement should be sent to support@heycatch.ai and must include the elements required by 17 U.S.C. §512(c)(3).
- Export controls. You represent that you are not on any US sanctions list and will not use the Services from embargoed territories.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control (excluding payment obligations).
- Notices. Notices to us: HeyCatch, Inc., 1111B S Governors Ave STE 59736, Dover, DE 19904, USA, or support@heycatch.ai. Notices to you: the email address on your account.
- Beta features. Pre-release or beta features are provided as-is and may change or end at any time.
- Third-party platforms and links. Third-party platforms, sites and services are not under our control; their own terms govern your use of them.
- California users. Notice under Cal. Civ. Code §1789.3: you may contact the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.
- Time limit on claims. Where permitted by law, any claim arising out of the Services must be filed within one (1) year of accrual.
- No waiver. Failure to enforce a provision is not a waiver of it.
17. Changes; miscellaneous
We may update these Terms; material changes will be notified (e.g., by email or in-app) and apply prospectively — continued use after the effective date is acceptance. If a provision is unenforceable, the rest remains in effect. These Terms plus the incorporated policies are the entire agreement regarding the Services. You may not assign these Terms without our consent; we may assign to an affiliate or in a merger/asset sale.
18. Contact
HeyCatch, Inc. · 1111B S Governors Ave STE 59736, Dover, DE 19904, USA · support@heycatch.ai