HIRO ANALYTICS INC. | Last updated: April 30, 2026 | Effective upon account creation or first use
These Terms of Service (“Agreement” or “Terms”) constitute a legally binding agreement between Hiro Analytics Inc., a Delaware corporation (“Hiro Analytics,” “we,” “us,” or “our”), and the business entity or individual accepting these Terms (“Customer,” “you,” or “your”). This Agreement governs Customer’s access to and use of the Hiro Analytics platform, APIs, dashboards, reporting tools, and all related services (collectively, the “Services”).
BY CREATING AN ACCOUNT, CLICKING “I AGREE,” OR OTHERWISE ACCESSING OR USING THE SERVICES, CUSTOMER REPRESENTS THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND BY HIRO ANALYTICS’ PRIVACY POLICY AND DATA PROCESSING AGREEMENT, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE AND FORMS PART OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, OR THE DPA, IT MUST NOT ACCESS OR USE THE SERVICES.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
As used in this Agreement, the following terms have the meanings set forth below:
Subject to Customer’s compliance with this Agreement and timely payment of all applicable fees, Hiro Analytics grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the Subscription Period solely for Customer’s internal business purposes and in accordance with the Documentation.
Customer may permit Authorized Users to access the Services on Customer’s behalf. Customer is responsible for all acts and omissions of its Authorized Users, including any breach of this Agreement. Customer shall ensure that each Authorized User complies with these Terms and shall promptly notify Hiro Analytics if it becomes aware of any unauthorized access to or use of the Services.
Customer must provide accurate and complete information when registering for an account and keep such information current. Customer is solely responsible for maintaining the confidentiality of its account credentials and for all activities that occur under its account. Hiro Analytics reserves the right to refuse registration or cancel accounts at its discretion.
Customer shall not, and shall not permit or enable any third party to:
Customer is solely responsible for the accuracy, quality, legality, and appropriateness of all Customer Data. Customer represents and warrants that:
Customer acknowledges that Hiro Analytics processes data obtained from Connected Platforms via Customer-authorized API integrations. Customer represents that it has authority under its agreements with each Connected Platform to authorize such access and processing. Customer remains solely responsible for compliance with the terms of service of any Connected Platform.
The Services may include AI-assisted features such as trend analysis, benchmarking, copy generation, and anomaly detection. Customer acknowledges that: (a) AI outputs are generated based on the data Customer provides; (b) AI outputs are for informational purposes only and do not constitute professional, legal, financial, or other regulated advice; (c) Customer is solely responsible for evaluating, verifying, and relying on any AI output; and (d) Hiro Analytics does not use Customer Data to train generalized or third-party AI models, and any machine learning features are scoped to Customer’s account only.
Customer shall not submit to the Services, and shall ensure that Authorized Users do not submit, any: (a) protected health information as defined under HIPAA; (b) government-issued identification numbers or financial account data; (c) personal data of children under 13 (or such other age as required by applicable law); or (d) any other categories of sensitive personal information for which special handling is required under applicable law, unless the parties have separately agreed in writing to appropriate safeguards.
As between the parties, Hiro Analytics retains all right, title, and interest in and to all Hiro Analytics IP (as defined in Section 1). No rights are granted to Customer other than the limited licenses expressly set forth in this Agreement. Nothing in this Agreement shall be construed as a transfer of any Intellectual Property Rights.
To the extent that any Derived Analytics (as defined in Section 1) are incorporated into, or surfaced through, the Services and made available to Customer as part of the Services, Hiro Analytics hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to access and use such Derived Analytics solely through the Services and solely for Customer’s internal business purposes during the Subscription Period. This license-back does not grant Customer any ownership interest in or right to extract, export, or otherwise exploit Derived Analytics outside the Services.
As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer grants Hiro Analytics a non-exclusive, worldwide, royalty-free license to access, use, store, process, and transmit Customer Data solely to the extent necessary to provide the Services to Customer, fulfill obligations under this Agreement, comply with applicable law, and as described in the Privacy Policy and Data Processing Agreement.
If Customer or any Authorized User provides Hiro Analytics with suggestions, ideas, or other feedback regarding the Services (“Feedback”), Customer hereby grants Hiro Analytics an irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, and incorporate such Feedback into the Services without obligation or compensation to Customer.
Access to any Hiro Analytics API is subject to this Agreement. Any API key or credentials issued to Customer are for Customer’s use only and may not be shared with third parties. Any attempt to reverse engineer, decompile, or extract the structure, logic, or underlying architecture of the Services, APIs, or any data models through API access, data exports, or any other means is strictly prohibited and constitutes a material breach of this Agreement. Hiro Analytics reserves the right to revoke API access immediately upon violation of these restrictions.
Customer shall pay the fees specified in the applicable Order Form (“Subscription Fees”) in accordance with the payment schedule therein. All fees are quoted in U.S. dollars and are non-refundable except as expressly provided in Section 9 (Term and Termination).
Hiro Analytics processes payments via Stripe or such other payment processor as Hiro Analytics may designate. By providing payment information, Customer authorizes Hiro Analytics (or its payment processor) to charge the applicable fees on the schedule set forth in the Order Form. Fees for recurring subscriptions will be billed automatically at the start of each billing cycle. If payment fails, Hiro Analytics may suspend access to the Services upon notice and without liability until all amounts due are paid.
All fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, including sales, use, value-added, and withholding taxes (collectively, “Taxes”). Customer is responsible for all Taxes arising from its purchase of the Services, except for taxes based on Hiro Analytics’ net income. If Hiro Analytics is required by law to collect any Taxes from Customer, such Taxes will be added to the applicable invoice.
Hiro Analytics reserves the right to change its pricing upon at least 30 days’ prior written notice. Price changes will take effect at the start of the next billing cycle following the notice period. Continued use of the Services after a price change takes effect constitutes Customer’s acceptance of the new pricing.
Amounts not paid when due will bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, accruing from the due date until fully paid. Hiro Analytics reserves the right to suspend or terminate Services for non-payment after 15 days’ written notice without liability to Customer.
“Confidential Information” means any non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. For the avoidance of doubt: (a) the Services, Documentation, pricing, and technical architecture are Hiro Analytics’ Confidential Information; and (b) Customer Data is Customer’s Confidential Information.
Each Receiving Party agrees to: (a) use the Disclosing Party’s Confidential Information only for the purposes of this Agreement; (b) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information (and in no event less than reasonable care); (c) not disclose Confidential Information to any third party without the Disclosing Party’s prior written consent, except to its employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations no less stringent than those in this Agreement.
Confidential Information does not include information that: (a) is or becomes generally available to the public through no breach of this Agreement; (b) was rightfully known to the Receiving Party without restriction before disclosure; (c) is independently developed by the Receiving Party without reference to the Confidential Information; or (d) is rightfully received from a third party without restriction.
If the Receiving Party is required by law or court order to disclose Confidential Information, it shall provide the Disclosing Party with prompt prior written notice (to the extent permitted by law) and cooperate with the Disclosing Party in seeking a protective order or other appropriate relief.
To the extent Hiro Analytics processes personal data on behalf of Customer in connection with the Services, the parties’ Data Processing Agreement (“DPA”), available at hiroanalytics.com/data-processing-agreement, is hereby incorporated by reference and forms part of this Agreement. In the event of any conflict between the DPA and this Agreement with respect to the processing of personal data, the DPA shall prevail.
Hiro Analytics’ collection, use, and handling of personal data about Customer, Authorized Users, and website visitors is governed by Hiro Analytics’ Privacy Policy, available at hiroanalytics.com/privacy-policy. Customer consents to the processing of its data as described in the Privacy Policy.
Hiro Analytics processes only the minimum Customer Data necessary to provide the Services. The platform is designed and configured to avoid collecting personally identifiable information (PII) from Customer’s end users. Hiro Analytics does not request, collect, ingest, or store direct identifiers such as email addresses, phone numbers, customer names, physical addresses, dates of birth, government identifiers, or payment card data from Customer’s integrated platforms. To the extent any such PII is incidentally present in Customer Data (e.g., in free-text custom fields), Hiro Analytics will not intentionally use, extract, or correlate such information, and will suppress identified fields at Customer’s request.
Hiro Analytics does not sell, rent, or share Customer Data with third parties for their own marketing or commercial purposes. Hiro Analytics does not use Customer Data to train or improve any generalized or third-party artificial intelligence or machine learning model.
Retention and deletion of Customer Data and personal data processed under this Agreement are governed by the Retention and Deletion schedule set out in Hiro Analytics’ Privacy Policy, as amended from time to time in accordance with the modification provisions of the Privacy Policy and this Agreement. The Privacy Policy currently provides, among other periods: account profile data is retained for the duration of the subscription plus 60 days after cancellation; integration data for canceled accounts becomes inaccessible immediately upon cancellation and is permanently deleted within 60 days; and billing records are retained for 7 years. The terms of the DPA supplement and, where applicable, supersede these retention periods with respect to personal data processed on Customer’s behalf.
With respect to personal data of Customer’s end users and clients included in Customer Data, Customer is the data controller and Hiro Analytics is the data processor. Customer is solely responsible for ensuring it has a lawful basis to share such data with Hiro Analytics and that its own privacy disclosures adequately describe the processing.
Each party represents and warrants that: (a) it has the legal power and authority to enter into and perform its obligations under this Agreement; (b) this Agreement constitutes a legally binding obligation; and (c) its performance will comply with all applicable laws.
Hiro Analytics represents and warrants that:
Customer’s sole remedy for breach of the foregoing warranty is: (a) Hiro Analytics will use commercially reasonable efforts to remedy the non-conformance; or (b) if Hiro Analytics is unable to remedy the non-conformance within 30 days, Customer may terminate the affected Order Form and receive a pro-rata refund of prepaid fees for the unused Subscription Period.
Customer represents and warrants that:
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 8.2, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. HIRO ANALYTICS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HIRO ANALYTICS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE SERVICES AND ANY AI-ASSISTED OUTPUTS.
This Agreement commences on the date Customer accepts it and continues until the expiration or termination of all Subscription Periods under all active Order Forms.
Customer may cancel its subscription at any time through the platform account settings. Cancellation takes effect at the end of the then-current billing cycle, and Customer will not receive a refund for any prepaid fees except as provided in Section 5.
Either party may terminate this Agreement (or any Order Form) immediately upon written notice if: (a) the other party materially breaches this Agreement and fails to cure such breach within 30 days after receiving written notice of the breach (or 15 days in the case of non-payment); or (b) the other party becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy or receivership proceedings. Hiro Analytics may terminate immediately without notice for violation of Section 2.4 (Acceptable Use), Section 4 (Intellectual Property), or Section 3.4 (Prohibited Data).
Upon termination or expiration: (a) all rights granted to Customer under this Agreement immediately terminate; (b) Customer shall cease all use of the Services and delete or return any Hiro Analytics Confidential Information in its possession; (c) Customer Data will become inaccessible immediately and will be permanently deleted within 60 days, as further described in the Privacy Policy; and (d) all payment obligations accrued prior to termination survive. Customer is responsible for exporting any data it requires before termination.
The following sections survive termination or expiration: Definitions (Section 1), Restrictions on Use (Section 2.4), Intellectual Property (Section 4), Confidentiality (Section 6), Disclaimers (Section 8.4), Limitation of Liability (Section 10), Indemnification (Section 11), and Miscellaneous (Section 14).
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR (A) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, (B) EITHER PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (C) EITHER PARTY’S INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR (D) CUSTOMER’S VIOLATION OF SECTION 2.4 (ACCEPTABLE USE), EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO HIRO ANALYTICS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.
The liability limitations set forth in this Section 10 apply to liability under this Agreement, including liability arising under or in connection with the DPA, except to the extent such limitations are expressly prohibited by Applicable Data Protection Laws (as defined in the DPA), the EU Standard Contractual Clauses, or the UK International Data Transfer Addendum. As stated in Section 9 of the DPA: liability arising under the DPA is subject to the limitations and exclusions set forth in this Agreement.
The parties acknowledge that the limitations of liability set forth in this Section 10 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. Hiro Analytics would not have entered into this Agreement without these limitations.
Hiro Analytics will defend Customer against any third-party claim alleging that the Services (excluding Customer Data), as provided by Hiro Analytics and used by Customer in accordance with this Agreement, infringe or misappropriate a third party’s Intellectual Property Rights (an “IP Claim”), and will indemnify Customer for any damages, costs, and attorneys’ fees finally awarded by a court against Customer or agreed to in a settlement approved by Hiro Analytics in connection with an IP Claim. If a Service is subject to an IP Claim, Hiro Analytics may, at its election: (a) procure the right for Customer to continue using the Service; (b) modify the Service to be non-infringing; or (c) if (a) and (b) are not commercially practicable, terminate the affected Service and refund prepaid fees for the unused term. This Section 11.1 does not apply to claims arising from: (i) Customer Data; (ii) modification of the Services by Customer; or (iii) use of the Services in combination with third-party products or services not provided or approved by Hiro Analytics.
Customer will defend, indemnify, and hold harmless Hiro Analytics and its officers, directors, employees, and agents against any third-party claim (including regulatory investigations, fines, and data subject claims) arising out of or related to: (a) Customer Data, including any claim that Customer Data infringes or misappropriates third-party rights or violates applicable law; (b) Customer’s violation of Section 2.4 (Acceptable Use) or Section 3 (Customer Responsibilities); (c) Customer’s breach of any representation or warranty in Section 8.3, including without limitation the warranty regarding PII; (d) the presence of PII in Customer Data submitted by Customer, including any resulting privacy law violation, regulator action, or data subject claim; (e) Customer’s failure to obtain required consents or provide required notices to data subjects in connection with Customer Data; or (f) Customer’s or any Authorized User’s use of AI-assisted outputs from the Services in violation of applicable law or this Agreement.
The party seeking indemnification (“Indemnified Party”) shall: (a) promptly notify the indemnifying party (“Indemnifying Party”) in writing of the claim (delay in notice does not relieve obligation except to the extent the Indemnifying Party is materially prejudiced by such delay); (b) give the Indemnifying Party sole control over the defense and settlement of the claim, provided that the Indemnifying Party will not settle any claim that imposes obligations on the Indemnified Party without prior written consent; and (c) provide reasonable cooperation and assistance. The Indemnified Party may participate in the defense at its own expense.
Hiro Analytics implements and maintains commercially reasonable administrative, physical, and technical safeguards to protect Customer Data, as further described in the DPA and Privacy Policy, including encryption in transit (TLS 1.2+) and at rest (AES-256), role-based access controls, and multi-factor authentication. Hiro Analytics will notify Customer of confirmed data breaches affecting Customer Data in accordance with the DPA.
Hiro Analytics will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week. The Services are provided on an “as available” basis, and Hiro Analytics does not warrant uninterrupted access. Hiro Analytics reserves the right to perform scheduled maintenance and will endeavor to provide advance notice when practicable.
Hiro Analytics may modify, update, or discontinue features of the Services at any time with or without notice. If Hiro Analytics discontinues a material feature of the Services, it will provide at least 30 days’ prior notice where commercially practicable. Hiro Analytics reserves the right to change pricing upon 30 days’ notice as described in Section 5.4.
The Services may integrate with third-party products and services (including Connected Platforms). Hiro Analytics does not control third-party platforms and is not responsible for their availability, functionality, or data practices. Customer’s use of any third-party service is governed by that service’s own terms and privacy policies. Hiro Analytics will not be liable for any loss or damage caused by a third-party platform’s actions or unavailability.
Hiro Analytics may suspend Customer’s access to the Services, in whole or in part, immediately upon notice (or without notice in exigent circumstances) if: (a) Customer fails to pay undisputed fees within 15 days after the due date; (b) Hiro Analytics determines, in its reasonable judgment, that Customer’s use of the Services is causing harm to Hiro Analytics, its infrastructure, or other customers; (c) Customer is in material breach of Section 2.4 (Acceptable Use) or Section 4 (Intellectual Property); or (d) Hiro Analytics is required to do so by law or regulation. Hiro Analytics will restore access promptly upon resolution of the underlying cause. Suspension does not relieve Customer of its payment obligations.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement that the parties are unable to resolve informally within 30 days shall be finally resolved by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, with the arbitration conducted in Los Angeles, California (or remotely by mutual agreement). The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights or Confidential Information.
EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.
This Agreement (together with all Order Forms, the DPA, and the Privacy Policy, each of which is incorporated herein by reference) constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating thereto.
In the event of any conflict or inconsistency between the documents comprising this Agreement, the order of precedence shall be: (1) these Terms (with respect to all matters of general commercial terms, access, IP, indemnification, and liability); (2) the Privacy Policy (with respect to matters of privacy compliance, data collection, use, and disclosure practices); (3) the DPA (with respect to data processing obligations, sub-processor management, and data subject rights); (4) an applicable Order Form (with respect to subscription-specific commercial terms, fees, and scope); and (5) the Documentation. In the event of a conflict between the Privacy Policy and the DPA on a matter of data processing, the DPA shall prevail.
Hiro Analytics may update these Terms from time to time. If changes are material, Hiro Analytics will provide at least 30 days’ prior notice by email or in-platform notification. Customer’s continued use of the Services after the effective date of any amendment constitutes acceptance of the updated Terms. If Customer does not accept the amended Terms, Customer’s sole remedy is to terminate the Agreement prior to the effective date of the amendment.
Customer may not assign, delegate, or transfer this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without Hiro Analytics’ prior written consent. Hiro Analytics may assign this Agreement without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void. This Agreement binds and inures to the benefit of the parties and their permitted successors and assigns.
Neither party will be in breach of this Agreement or liable for any failure or delay in performance to the extent caused by circumstances beyond such party’s reasonable control (e.g., acts of God, government actions, internet outages, pandemics), provided the affected party gives prompt written notice and uses commercially reasonable efforts to mitigate the impact.
No waiver of any provision of this Agreement will be effective unless in writing and signed by the waiving party. Failure to enforce any provision shall not constitute a waiver. If any provision is held to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
Notices required or permitted under this Agreement shall be in writing and delivered: (a) to Hiro Analytics at help@hiroanalytics.com, or by mail to 1111b S Governors Ave, STE 25084, Dover, DE 19904; and (b) to Customer at the email address associated with its account. Notices by email are effective upon sending, and notices by mail are effective upon receipt.
The parties are independent contractors. This Agreement does not create any partnership, joint venture, agency, franchise, or employment relationship between the parties.
This Agreement is for the sole benefit of the parties and their respective permitted successors and assigns. Nothing herein creates any rights in any third party.
This Agreement may be executed in counterparts, including by electronic signature or by Customer’s click-acceptance through Hiro Analytics’ online platform or sign-up flow. Each counterpart shall be deemed an original, and all together shall constitute a single instrument.
Hiro Analytics respects the intellectual property rights of others and expects its customers and users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) and applicable law, Hiro Analytics will respond expeditiously to valid notices of claimed copyright infringement directed to content on the Services.
Hiro Analytics has designated the following agent to receive notifications of claimed copyright infringement:
Designated Copyright AgentTo be effective, a DMCA takedown notice must be a written communication that includes all of the following:
If Customer believes that material it submitted to the Services was removed or disabled as a result of mistake or misidentification, Customer may submit a written counter-notice to the Designated Copyright Agent that includes: (a) Customer’s physical or electronic signature; (b) identification of the material and its location before removal; (c) a statement under penalty of perjury that Customer has a good-faith belief that the material was removed as a result of mistake or misidentification; (d) Customer’s name, address, and telephone number; and (e) a statement that Customer consents to the jurisdiction of the federal district court for the district where Customer is located (or the Northern District of Delaware if Customer is outside the United States), and that Customer will accept service of process from the original complainant.
Hiro Analytics reserves the right to suspend or terminate access to the Services for any user or Customer that is found to be a repeat infringer of third-party intellectual property rights.
Questions about these Terms should be directed to:
Hiro Analytics Inc.Related documents:
