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Next Hat

Terms of Service

Last Updated: 2025-10-09

These Terms of Service ("Terms") govern your access to and use of Next Hat Inc.'s ("Next Hat," "we," "us," or "our") websites, platform, APIs, and related services (collectively, the "Services"). By creating an account, accessing, or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity.

IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS PROVIDED BELOW.

1. Eligibility and Accounts

  • You must be at least 16 years old to use the Services.
  • You must provide accurate account information and keep it up to date.
  • You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately of any unauthorized use.
  • Each user must have unique credentials. Account sharing is prohibited.

2. License and Access

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes. We reserve all rights not expressly granted.

3. Your Content and Data

  • You retain ownership of code, configurations, and other materials you submit or deploy through the Services ("Your Content").
  • You grant Next Hat a worldwide, non-exclusive, royalty-free license to host, store, reproduce, perform, display, and process Your Content solely as necessary to provide and secure the Services and to comply with law.
  • You are solely responsible for Your Content and for ensuring it complies with these Terms and applicable law.
  • You represent and warrant that you have all rights necessary to submit and use Your Content with the Services.

4. Third-Party Services and Providers

The Services integrate with and operate on third-party infrastructure and providers, including without limitation Cloudflare (CDN, security, Turnstile), Google Analytics (analytics), GitHub (OAuth sign-in), and Hetzner Cloud (infrastructure/hosting). Your use of third-party services may be subject to their terms and privacy policies. We are not responsible for third-party services, but we may configure and use them on your behalf to provide the Services.

5. Acceptable Use

You and your users shall not, and shall not allow any third party to:

  • Violate any applicable law, regulation, or third-party rights (including intellectual property and privacy rights);
  • Upload, host, or transmit content that is illegal, harmful, exploitative, defamatory, obscene, hateful, harassing, or that promotes violence or discrimination;
  • Use the Services for malware, phishing, crypto-jacking, spamming, DDoS, port scanning, botnets, command-and-control, child sexual abuse material (CSAM), human trafficking, illegal drugs, counterfeit goods, or any other illegal or harmful activities;
  • Interfere with or disrupt the integrity or performance of the Services or others' use thereof, including abuse of shared resources, excessive or abusive network usage, or attempts to bypass or defeat security measures or rate limits;
  • Access or attempt to access accounts, systems, or data without authorization;
  • Misuse the Services as an open proxy, anonymization relay, VPN exit, or for egress of traffic unrelated to your projects without our prior written consent;
  • Benchmark, scan, or test the Services for vulnerabilities without prior written authorization;
  • Resell, sublicense, or provide the Services to third parties except as expressly permitted in writing by Next Hat.

We may investigate, suspend, restrict, or terminate accounts, projects, or deployments for suspected violations, abuse, or security issues, and we may remove content that, in our sole discretion, violates these Terms or poses risk to users, providers, or the public.

Without limiting the foregoing, and to the extent permitted by applicable law, we reserve the right, in our sole discretion, to immediately shut down and permanently delete any servers/virtual machines, containers, deployments, images, volumes, and related resources provisioned through the Services without prior notice if we detect abuse, illegal activity, security incidents, or excessive or abnormal resource or network consumption (including bandwidth, requests per second, compute, or egress) beyond plan limits or fair‑use thresholds.

6. Security and Configuration

You are responsible for appropriately configuring your projects, access controls, and encryption, and for keeping your dependencies up to date. We implement safeguards as described in our Privacy Policy, but you understand that no system is perfectly secure. You must promptly notify us of any suspected vulnerabilities, incidents, or unauthorized access: [email protected].

7. Plans, Fees, and Payment

  • We may offer free and paid plans. Plan limits, features, and pricing are described in your account or documentation and may change from time to time.
  • Paid plans and add-ons are billed in advance per the billing cycle; overages and usage-based charges may be billed in arrears. Fees are non-refundable except where required by law or expressly stated otherwise.
  • You authorize us and our payment processors to charge your payment method for all fees due. You are responsible for taxes and any applicable withholdings.
  • We may suspend or terminate the Services for non-payment or charge failures.
  • If your usage materially exceeds plan limits or stated fair-use thresholds, we may rate-limit, throttle, suspend, or terminate the affected Services and may shut down and permanently delete related deployments and resources without prior notice, to protect the stability of the platform and our providers' networks.

8. Intellectual Property; Feedback

The Services, software, and documentation are owned by Next Hat and its licensors. No rights are granted except as expressly set forth. If you provide feedback or suggestions, you grant us a perpetual, worldwide, irrevocable, royalty-free license to use and incorporate them without restriction.

9. Privacy

Our collection and use of personal information is described in our Privacy Policy available at /legal/privacy-policy. You agree that we may process personal information in accordance with that policy.

10. Compliance and Law Enforcement

We may preserve and disclose account information, IP addresses, logs, and content when we believe in good faith that it is reasonably necessary to comply with applicable laws or lawful requests (e.g., subpoenas, court orders), to enforce these Terms, or to protect the rights, property, or safety of Next Hat, users, providers (including Cloudflare and Hetzner), or the public. We may coordinate with infrastructure providers regarding abuse and security matters.

11. Suspension and Termination

We may suspend or terminate your access to the Services immediately if: (a) you breach these Terms or applicable law; (b) your use poses a security, legal, or reputational risk; (c) we are required to do so by a provider or by law; (d) your usage is excessively high or abusive (including abnormal or sustained network bandwidth, request rates, or egress beyond plan or fair‑use limits); or (e) you fail to pay fees when due. We may provide advance notice where practical but are not obligated to do so in urgent situations. To the extent permitted by law, upon suspension or termination for abuse, security, legal reasons, or excessive usage, we may immediately shut down and permanently delete servers/virtual machines, containers, deployments, and associated resources. We may preserve and retain logs or limited data as required by law or for investigation of abuse. Upon termination for other reasons, your license ends and we may delete Your Content after a reasonable period, subject to legal preservation obligations.

You may cancel your account at any time as described in your account settings or by contacting support. Certain terms will survive termination, including ownership, confidentiality, disclaimers, and limitations of liability.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEXT HAT OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO NEXT HAT FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations; in such cases, liability will be limited to the maximum extent permitted by law.

14. Indemnification

You will defend, indemnify, and hold harmless Next Hat, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content; (b) your use of the Services; (c) your violation of these Terms or applicable law; or (d) your infringement or misappropriation of any third-party rights.

15. Export and Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or region subject to embargoes or comprehensive sanctions, and are not a denied or restricted party. You will comply with all applicable export control and sanctions laws.

16. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles.

Binding Arbitration and Class Action Waiver: Except for claims seeking injunctive relief or claims within small claims jurisdiction, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English in a location mutually agreed or via remote video. YOU AND NEXT HAT AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR COLLECTIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON.

Opt-Out: You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms. If you opt out, or if this clause is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

17. Modifications

We may modify these Terms by posting updated terms to the Services or notifying you. Material changes will be effective no sooner than 30 days after posting, unless required by law or for new features or urgent security/legal reasons. Your continued use of the Services after changes become effective constitutes acceptance.

18. Miscellaneous

  • Entire Agreement: These Terms, together with any order or plan details and policies referenced herein (including the Privacy Policy), are the entire agreement.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Severability: If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will continue in effect.
  • No Waiver: Failure to enforce any provision is not a waiver.
  • Notices: We may provide notices via email to your account address or through the Services. You may provide legal notices to [email protected].
  • Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.

19. Contact

Next Hat Inc.

Email: [email protected]

Security: [email protected]

Abuse: [email protected]

Mailing: 560 N Barranca Avenue #4133, Covina, CA 91723, United States