Terms of Service

By accessing or using HardLaunch (the “Service”), you agree to be bound by these Terms of Service (the “Terms”). If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

IMPORTANT: These Terms include a broad indemnification obligation, a limitation of our liability, and a waiver of jury trial. Read them carefully. If you do not agree, do not use the Service.

We may revise these Terms at any time. Changes take effect when posted, and your continued use of the Service constitutes acceptance of the revised Terms.

You must be at least 18 years old and legally able to enter into a binding contract to use the Service. You may not use the Service if you are barred from doing so under any applicable law.

You must provide accurate information and keep your credentials secure. You are responsible for all activity that occurs under your account. You may not share, sell, or transfer your account without our written permission.

HardLaunch is a self-service software platform, unless you have separately purchased a managed agency service under a written order form or services agreement expressly identifying it as such.

For self-service plans, you—not HardLaunch—control and are responsible for the operation of your campaigns, including the content you create, upload, select, approve, schedule, publish or distribute; your posting strategy; the accounts on which content is used; and your compliance with any guidance, limits or instructions we provide.

Providing software, accounts, automation, recommendations, technical support, examples, templates or strategic guidance does not make HardLaunch the operator, manager, publisher or agency responsible for your campaign.

Any managed agency services are separate services and apply only where expressly purchased in writing.

The Service may interact with third-party platforms including TikTok, Instagram, YouTube, Facebook and others (“Platforms”).

Platform accounts may experience reduced distribution, shadow-bans, restrictions, suspensions, deletion, authentication failures or other enforcement. HardLaunch does not control Platform algorithms, policies or enforcement decisions and does not guarantee that any account will remain continuously active, unrestricted or available.

You are responsible for using the Service and any accounts in accordance with:

• our instructions and usage guidance;
• applicable Platform rules;
• reasonable anti-spam and content-diversity practices; and
• applicable law.

Without limitation, where we instruct you not to distribute duplicate, repeated, substantially similar or otherwise high-risk content across accounts, you are responsible for complying with that instruction.

HardLaunch is not responsible for account restrictions, suspensions, bans, loss of distribution, posting interruptions or other adverse Platform actions caused or contributed to by your content, posting behaviour, instructions, failure to follow HardLaunch guidance, product category or other activity within your control.

We may pause posting, restrict functionality, replace accounts, modify technical processes or take other reasonable protective measures where we believe continued activity creates risk to accounts, the Service or other customers.

Unless expressly stated in a separate written agreement signed by HardLaunch, any quantities of accounts, posts, content or other usage included in a plan describe the service capacity or entitlement available during the applicable service period, and are not a guarantee that every individual account will remain continuously active or unaffected by third-party Platform action at every moment.

HardLaunch does not guarantee views, impressions, engagement, followers, installs, conversions, revenue, CPM, CPI, virality, account longevity, uninterrupted posting or any other Platform or commercial outcome.

Where an interruption materially affects delivery and was not caused or contributed to by you, HardLaunch may, in its discretion, extend the applicable service period, replace affected resources, provide service credits or take another reasonable remedial action.

You retain ownership of content you provide to the Service (“User Content”).

You grant HardLaunch and its service providers a worldwide, non-exclusive, sublicensable licence to host, reproduce, modify, process, transform, generate derivative material from and otherwise use User Content as reasonably necessary to provide, maintain and improve the Service and generate requested outputs.

You are solely responsible for ensuring that you have all rights, licences, permissions, releases and consents necessary for User Content and for every instruction you provide to the Service.

You represent and warrant that your use of the Service and all User Content will not infringe or violate any third party's:

• copyright or other intellectual property rights;
• name, image, likeness, voice or publicity rights;
• privacy or data-protection rights;
• contractual rights; or
• other applicable rights.

HardLaunch has no obligation to independently verify ownership, authorship, consent or licensing of material submitted by you.

The Service may allow you to create or use AI-generated or AI-modified persons, voices, likenesses, performances or other synthetic media (“Digital Twins”).

Where a Digital Twin is based on, depicts, reproduces, imitates or is recognisable as a real individual (“Base Individual”), you are solely responsible for obtaining and maintaining all rights and permissions required to create and use that Digital Twin for your intended purposes.

This includes, where applicable, permission to:

• use the Base Individual's name, image, likeness, appearance, voice and performance;
• create AI-generated, altered or synthetic versions of that individual;
• generate new performances or content the individual did not personally record;
• use the Digital Twin in advertising, marketing and commercial content;
• edit, adapt, localise, remix and combine the Digital Twin with other material;
• publish and distribute generated content on the Platforms and in any territories in which you use it; and
• continue using generated outputs for the applicable period and purposes.

The availability of a person, image, video, voice, model, template, creator profile or other source material within or through the Service does not constitute a representation by HardLaunch that you have the right to use that material for any particular Digital Twin, campaign or commercial purpose.

Unless HardLaunch expressly provides otherwise in a written agreement applicable to a specific Base Individual, you are responsible for establishing the legal basis and scope of your rights to that Base Individual.

You represent and warrant that you will not create or use a Digital Twin:

• without all legally required permissions;
• outside the scope of permissions granted by the relevant Base Individual or rightsholder;
• to falsely imply an endorsement, affiliation, statement or action not authorised by that person;
• in a deceptive, defamatory, unlawful or misleading manner; or
• in violation of applicable synthetic-media, advertising, publicity, privacy or intellectual-property laws.

You must provide evidence of relevant permissions or licences upon request. HardLaunch may suspend or disable any Digital Twin or generated content if we reasonably believe required rights are absent, disputed or unclear.

AI-generated content may contain inaccuracies, unexpected material, similarities to third-party content or other errors.

You are responsible for reviewing and approving outputs before publication or commercial use.

HardLaunch does not represent or warrant that any output:

• is unique;
• is copyrightable;
• does not resemble third-party material;
• is accurate or appropriate for your intended use; or
• may lawfully be used in every jurisdiction or context.

You are responsible for determining whether disclosures identifying content as AI-generated, synthetic, sponsored or otherwise modified are required.

You agree not to use the Service to create, generate, or distribute any content that: depicts a minor, or anyone who appears to be a minor, in any context; is sexual, intimate, nude, or pornographic; harasses, threatens, or is discriminatory; promotes fraud, scams, or illegal goods or services; is intended to influence an election or mislead the public on a matter of civic importance; or is otherwise unlawful in any jurisdiction where you or your audience are located.

Violation of this section is a material breach. We may remove content, suspend or terminate your access, and preserve or disclose information where required by law or to protect ourselves or others.

Subscriptions renew automatically unless canceled before the renewal date.

Fees are charged in advance and are non-refundable except where HardLaunch expressly agrees otherwise in writing or where a refund is required by applicable law.

Stopping use of the Service, choosing not to continue a campaign or experiencing third-party Platform enforcement does not by itself entitle you to a refund.

Without limitation, no refund, credit or fee reduction will be due for interruption, account restriction, suspension, reduced distribution or loss arising from:

1. User Content;
2. your posting behaviour or campaign decisions;
3. failure to follow HardLaunch instructions or guidance;
4. your product, business or industry;
5. Platform enforcement or algorithmic decisions outside HardLaunch's reasonable control; or
6. applicable law or regulatory action relating to your activities.

Where appropriate, HardLaunch may choose to replace resources, extend a service period or provide credits rather than issue a cash refund.

HardLaunch, its logo, and all underlying software are owned by us and protected by intellectual property laws. You may not copy, modify, or redistribute the Service without authorization.

To the maximum extent permitted by law, you will defend, indemnify and hold harmless HardLaunch and its affiliates, directors, officers, employees, contractors and service providers from any claim, demand, action, investigation, liability, damage, settlement, judgment, cost or expense (including reasonable legal fees) arising out of or relating to:

• User Content;
• your campaigns, products, advertisements or claims;
• your use or misuse of the Service;
• your violation of Platform rules or HardLaunch instructions;
• any allegation that you lacked sufficient rights or consent to use a Base Individual, Digital Twin, voice, likeness, performance or other material;
• your use of generated content;
• infringement or alleged infringement of intellectual-property, publicity, privacy or other third-party rights; or
• your breach of these Terms.

We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you will cooperate with us. This obligation survives termination of your account and these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, ACCOUNTS, DIGITAL TWINS, AI OUTPUTS AND ALL RELATED FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

HARDLAUNCH DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND UNINTERRUPTED OR ERROR-FREE OPERATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARDLAUNCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PLATFORM ACCOUNTS, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARDLAUNCH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO HARDLAUNCH FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF HARDLAUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, misuse the Service, or create risk or legal exposure for us or others. Sections that by their nature should survive — including your rights representations, Digital Twin obligations, indemnification, disclaimers, and limitation of liability — survive termination.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

You agree that the state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there. Each party waives any right to a jury trial. Nothing in this section limits either party's right to seek injunctive relief for the infringement or misuse of intellectual property.

We may add, change, suspend, or remove features of the Service at any time. We are not liable to you for any modification, suspension, or discontinuation of the Service or any feature.

Questions about these Terms? Reach us at matt@hardlaunch.com.