Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") form a legally binding agreement between you, a corporate entity or authorized representative ("Customer", "you", or "your"), and Hokto ("Hokto", "we", "us", or "our"), governing your access to and use of the Hokto AI workflow automation platform available at hokto.app, including its associated APIs, integrations, and services (collectively, the "Service"). By registering for an account, executing an Order Form that references these Terms, or otherwise accessing the Service, you signify your irrevocable acceptance of these Terms. In accordance with the Serbian Law on Electronic Commerce (Zakon o elektronskoj trgovini), Customer explicitly acknowledges and agrees that clicking "I accept" or similarly accessing the platform constitutes a valid electronic signature and forms a legally binding electronic contract, satisfying all legal requirements for a contract to be in writing. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you possess the requisite legal authority to bind such entity and its affiliates to these Terms. If you lack such authority or do not agree to every provision herein, you must immediately cease all use of the Service. Hokto reserves the right to update these Terms periodically; continued use of the Service after such modifications constitutes binding acceptance of the updated Terms.
2. Description of the Service
Hokto provides a B2B Software-as-a-Service (SaaS) platform utilizing autonomous artificial intelligence (AI) agents to automate workflows, interact with third-party Customer Relationship Management (CRM) systems, Enterprise Resource Planning (ERP) systems, and application programming interfaces (APIs). The Service encompasses the underlying software, AI models, user interfaces, documentation, and any customized agents deployed on your behalf. You acknowledge that AI technology is inherently probabilistic and continuously evolving. As such, the Service may periodically produce outputs or execute workflow actions that are unexpected, inaccurate, or suboptimal. You retain sole responsibility for reviewing and verifying the outputs and actions performed by the Service within your connected environments.
3. Account Responsibilities and Security
To access the Service, Customer must create an account. Customer is solely responsible for maintaining the strict confidentiality of all administrative credentials, API keys, and access tokens associated with the account. Customer shall restrict access to the Service exclusively to authorized personnel and assumes full liability for all activities occurring under its account, including unauthorized access resulting from Customer's failure to safeguard credentials. Customer must immediately notify Hokto of any suspected security breaches. Hokto disclaims all liability for any loss, damage, or compromise of data arising from Customer's failure to comply with these security obligations.
4. API Usage, Rate Limits, and Integrations
The Service provides APIs and integration capabilities to connect Hokto with Customer's third-party systems (e.g., CRMs, ERPs). Customer grants Hokto a limited, non-exclusive, revocable license to access and interact with such third-party systems strictly for the purpose of providing the Service. Customer is solely responsible for ensuring that its use of Hokto complies with the terms of service of any third-party providers. Hokto imposes strict rate limits and usage quotas on API requests and AI inference computations, as detailed in the applicable Order Form or pricing tier. Hokto reserves the right to aggressively throttle, suspend, or penalize programmatic abuse, excessive consumption, or utilization that threatens the stability of the platform. Overage charges may apply automatically if Customer exceeds allocated thresholds.
5. Acceptable Use Policy (AUP) and Regulatory Prohibitions
Customer agrees not to use, or facilitate the use of, the Service to: (a) generate, distribute, or automate the dissemination of spam, phishing materials, or malware; (b) reverse engineer, decompile, or extract the underlying AI models, source code, or algorithms; (c) process or generate illicit, defamatory, discriminatory, or otherwise illegal content; (d) circumvent any security mechanisms or rate limits; (e) build a competitive product or use outputs for training competing foundation models.
REGULATORY PROHIBITIONS: The Service is not designed for, and must not be used to process, store, or transmit: (i) Protected Health Information (PHI) subject to the Health Insurance Portability and Accountability Act (HIPAA) without a fully executed Business Associate Agreement (BAA) with Hokto; (ii) Nonpublic Personal Information (NPI) governed by the Gramm-Leach-Bliley Act (GLBA); or (iii) educational records governed by the Family Educational Rights and Privacy Act (FERPA). Furthermore, Customer is strictly prohibited from utilizing the Service or its AI agents to make automated decisions concerning employment, housing, credit, insurance, or legal rights, or otherwise utilizing the Service in any manner that violates the Fair Credit Reporting Act (FCRA), the Equal Credit Opportunity Act (ECOA), or federal/state anti-discrimination and AI bias laws.
Furthermore, in strict compliance with the EU Artificial Intelligence Act (AI Act), Customer is expressly prohibited from deploying Hokto AI agents for: (i) deploying subliminal techniques beyond a person's consciousness to materially distort behavior; (ii) exploiting vulnerabilities of specific vulnerable groups; (iii) evaluating or classifying natural persons based on social behavior or personal traits (social scoring); (iv) real-time or post remote biometric identification in publicly accessible spaces for law enforcement purposes; (v) inferring emotions of a natural person in the areas of workplace and education institutions; and (vi) biometric categorization systems that categorize individually based on their biometric data to deduce or infer their race, political opinions, trade union membership, religious or philosophical beliefs, sex life, or sexual orientation. Hokto reserves the right to immediately suspend or terminate access without notice or refund if a violation of this AUP or these prohibited AI practices is detected.
6. Intellectual Property and AI Generation Rights
Hokto retains all right, title, and interest in and to the Service, including its platform, underlying AI models, algorithms, methodologies, and documentation (collectively, "Hokto IP"). Customer retains all rights to the data, text, and materials inputted into the Service ("Customer Inputs"). As between the parties, Customer shall own all rights, title, and interest in and to the specific outputs and deliverables generated by the Service based on Customer Inputs ("Outputs"). Hokto hereby irrevocably assigns to Customer all rights in such Outputs. Furthermore, Hokto explicitly agrees not to use Customer Inputs or Outputs to train, fine-tune, or improve its underlying foundation models or any third-party models without Customer's express, affirmative opt-in consent. Customer's data is strictly isolated and utilized solely for executing Customer's specific workflows.
7. Data Processing, Privacy, and Compliance
Both parties agree to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the California Privacy Rights Act (CPRA). By utilizing the Service, Customer agrees to Hokto's Data Processing Addendum (DPA), which is hereby incorporated by reference. Customer warrants that it has obtained all necessary consents and legal bases to transfer any personal data, CRM data, or ERP data to Hokto for processing. Hokto shall implement and maintain commercially reasonable technical and organizational security measures designed to protect Customer data against unauthorized access, disclosure, or loss, consistent with industry standards such as SOC 2.
8. Billing, Payments, and Subscription Terms
The Service is provided on a subscription basis. Customer agrees to pay all fees specified in the applicable Order Form or online purchasing portal. All fees are non-refundable and exclusive of all taxes, levies, or duties imposed by taxing authorities; Customer is responsible for payment of all such taxes. Invoices are due net thirty (30) days from the invoice date unless otherwise specified. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law. For Customers incorporated in the Republic of Serbia, late payments shall accrue interest at the statutory default interest rate (zakonska zatezna kamata) as prescribed by the Serbian Law on Default Interest, or 1.5% per month, whichever is legally applicable and permissible, plus all expenses of collection. Subscriptions shall automatically renew for successive terms of equal length unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the current term.
9. Warranties, Disclaimers, and High-Risk AI Acknowledgement
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HOKTO EXPLICITLY DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. GIVEN THE AUTONOMOUS AND PROBABILISTIC NATURE OF ARTIFICIAL INTELLIGENCE, HOKTO SPECIFICALLY DISCLAIMS ANY LIABILITY FOR "HALLUCINATIONS", ERRONEOUS OUTPUTS, FABRICATIONS, OR UNINTENDED WORKFLOW EXECUTIONS WITHIN CONNECTED SYSTEMS.
HIGH-RISK AI ACKNOWLEDGEMENT: Customer expressly acknowledges that it relies on AI-generated automation at its own risk. Customer assumes absolute responsibility for implementing appropriate safeguards, strict human-in-the-loop (HITL) review protocols, and rollback mechanisms. The Service does not provide legal, financial, medical, or professional advice. Customer is solely responsible for ensuring that its use of the Service, including the configuration of autonomous agents, complies with all emerging federal, state, and local AI regulations, including but not limited to algorithmic bias auditing, transparency disclosures, and automated decision-making restrictions.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOKTO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICE. THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF HOKTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOKTO'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE STRICTLY CAPPED AT, AND SHALL NOT EXCEED, THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO HOKTO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. This limitation of liability shall not apply to breaches of confidentiality, indemnification obligations, or damages arising from Hokto's gross negligence or willful misconduct.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT HOKTO'S LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD, FRAUDULENT MISREPRESENTATION, INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE, AS SUCH EXCLUSIONS ARE STRICTLY PROHIBITED AND VOID UNDER THE UAE CIVIL CODE (FEDERAL LAW NO. 5 OF 1985) AND OTHER APPLICABLE MANDATORY LAWS. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNDER ARTICLE 265 OF THE SERBIAN LAW OF OBLIGATIONS (ZAKON O OBLIGACIONIM ODNOSIMA), NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT HOKTO'S LIABILITY FOR DAMAGES CAUSED INTENTIONALLY (NAMERA) OR THROUGH GROSS NEGLIGENCE (KRAJNJA NEPAŽNJA).
11. Indemnification
Customer shall indemnify, defend, and hold harmless Hokto and its officers, directors, employees, and agents from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's violation of these Terms or the Acceptable Use Policy; (b) Customer Inputs or the use of Outputs infringing upon the intellectual property or privacy rights of a third party; (c) any actions taken by Hokto's autonomous agents within Customer's third-party systems (e.g., CRM or ERP) based on Customer's workflow configurations; and (d) Customer's failure to obtain necessary legal consents for processing personal data.
12. Term, Suspension, and Termination
These Terms commence on the effective date of the initial subscription and continue until all subscriptions expire or are terminated. Hokto may temporarily suspend Customer's access to the Service in the event of an imminent security threat, a violation of the AUP, or non-payment of undisputed fees exceeding fifteen (15) days past due. Either party may terminate these Terms for cause if the other party commits a material breach and fails to cure such breach within thirty (30) days of receiving written notice. Upon termination, Customer's right to access the Service will immediately cease. Hokto shall securely delete Customer data within sixty (60) days post-termination, except for data required to be retained by law.
13. Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY—IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW DISPUTES ARE RESOLVED.
Any controversy, claim, or dispute arising out of or relating to these Terms, the Service, or the breach thereof shall be finally resolved by binding arbitration. For Customers operating within or accessing the Services from the United Arab Emirates, these Terms shall be governed by the laws of the Dubai International Financial Centre (DIFC) without regard to conflict of law principles. Any arbitration shall be administered by the DIFC-LCIA Arbitration Centre or the Dubai International Arbitration Centre (DIAC) in accordance with their respective rules. The seat of arbitration shall be the DIFC, Dubai, UAE, and the language of the arbitration shall be English. For all other jurisdictions, arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place in San Francisco County, California, before a single neutral arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER: BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY. Customer agrees that any claims must be brought exclusively in Customer's individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
OPT-OUT RIGHT: You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to hello@hokto.app within thirty (30) days of first accepting these Terms. If you opt out, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, or for UAE Customers, the courts of the DIFC. If any portion of this Class Action Waiver is found unenforceable, the entire Arbitration Agreement shall be null and void, but the remainder of the Terms shall survive.
14. Miscellaneous Provisions and Severability
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction of the applicable Hokto legal entity responsible for your account, without regard to its conflict of law principles. The specific legal entity depends on your country of operation and localization; please contact hello@hokto.app for clarification. If any provision of these Terms is held to be invalid or unenforceable, including under the mandatory public order (javni poredak) rules of the Republic of Serbia, such invalidity shall not affect the remaining provisions. The parties agree to replace any invalid provision with a valid and enforceable provision that most closely approximates the original economic intent. Nothing in these Terms shall restrict any rights that Customer may have under mandatory provisions of applicable law, including the Serbian Law of Obligations, that cannot be legally derogated from by contract. Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable) to the extent such failures or delays are proximately caused by causes beyond that party's reasonable control, including Acts of God, natural disasters, or network outages (Force Majeure). These Terms constitute the entire agreement between Customer and Hokto regarding the Service and supersede all prior agreements, proposals, or representations.
15. EU Digital Services Act (DSA) Compliance
In accordance with the EU Digital Services Act (Regulation (EU) 2022/2065), Hokto designates hello@hokto.app as the single electronic point of contact for direct communication with Member States' authorities, the European Commission, the European Board for Digital Services, and recipients of the Service regarding DSA matters. Communications must be provided in English. Users may report illegal content or content that violates our Terms of Service via this point of contact. Hokto maintains a notice-and-action mechanism to review such reports promptly and objectively. Upon reviewing a notice, Hokto may remove or disable access to illegal content and will provide the notifying party and the content provider with a statement of reasons. If you disagree with our content moderation decision, you have the right to access our internal complaint-handling system within six months of the decision, or utilize an out-of-court dispute settlement body certified by a Digital Services Coordinator.
16. Transparency and Human-AI Interaction Requirements
Pursuant to transparency obligations under the EU AI Act, Customer acknowledges that Hokto utilizes AI-based conversational agents and generative models. Customer assumes the role of 'Deployer' (as defined by the AI Act) for any external-facing workflows or agents built on the Hokto platform. Customer strictly agrees to fulfill all applicable transparency obligations, including but not limited to, ensuring that natural persons interacting with Customer’s Hokto-powered automated workflows are explicitly informed that they are interacting with an artificial intelligence system, unless this is obvious from the circumstances and the context of use. Customer shall bear full liability for any failure to provide such mandated transparency notifications to end-users.
17. Local Regulatory Compliance and Prohibited Sectors (UAE)
For Customers in the United Arab Emirates, Customer explicitly warrants that the Service, including Hokto's autonomous AI agents, will not be utilized to process sensitive governmental data, critical national infrastructure data, or health data regulated by the UAE Federal Law No. 2 of 2019 concerning the use of Information and Communication Technology (ICT) in Health Fields, unless a specific, mutually executed enterprise agreement explicitly permits such use and establishes local data residency within the UAE. Customer assumes full liability for compliance with all guidelines issued by the UAE Artificial Intelligence, Digital Economy and Remote Work Applications Office, and any applicable local telecommunications laws (TDRA regulations) regarding VoIP, messaging, or automated communications generated by Hokto's integrations.
18. U.S. Government Restricted Rights and Export Controls
The Service, including the underlying software, AI models, and documentation, are "Commercial Items" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." If Customer is an agency of the U.S. Government, its rights in the Service are governed exclusively by these Terms, in accordance with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202.
Furthermore, Customer agrees to comply strictly with all U.S. export control laws, including the Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). Customer represents and warrants that it is not located in, under the control of, or a national or resident of any comprehensively embargoed country (e.g., Cuba, Iran, North Korea, Syria, regions of Ukraine) and is not listed on any U.S. Government list of prohibited or restricted parties. Customer shall not export, re-export, or transfer the Service or its generated AI outputs in violation of U.S. law.
19. Digital Millennium Copyright Act (DMCA) Policy
Hokto respects the intellectual property rights of others and expects our Customers to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512), Hokto will respond expeditiously to valid notices of copyright infringement related to Customer Inputs or AI-generated Outputs hosted on our Service.
If you believe that your copyrighted work has been infringed, please submit a written notice to our Designated Copyright Agent at hello@hokto.app containing the following: (a) physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the infringing material and sufficient information to locate it; (d) contact information of the complaining party; (e) a statement of good faith belief that the use is unauthorized; and (f) a statement under penalty of perjury that the information in the notice is accurate. Hokto reserves the right to terminate the accounts of repeat infringers in appropriate circumstances.