Terms of Service

1. Definitions

1.1 "Agent Readiness Score" or "ARS" means the 0 to 100 measurement the Service produces for a website, together with the underlying per-check results, evidence, and confidence indicators.

1.2 "AI Technology" means machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other AI tools or methodologies, and all software implementations of the foregoing.

1.3 "Credit" means a unit of consumption used to measure and meter your use of certain paid features of the Service.

1.4 "Output" means any result generated by the Service or by AI Technology used in the Service, including scores, check results, evidence excerpts, remediation guidance, and report summaries.

1.5 "Scanned Site" means any website, domain, or web-accessible resource that the Service fetches and evaluates.

1.6 "Service Content" means the Service, our software, methodology, documentation, scores, leaderboard, and all other content we make available, other than User Content.

1.7 "Subscription Term" means the period beginning when you first access the Service and continuing until these Terms are terminated in accordance with Section 8.

1.8 "User Content" means any content you submit to the Service, including URLs, dispute submissions, and feedback.

1.9 "You" or "Subscriber" means the individual or entity that agrees to these Terms.

2. The Service, and What It Does Not Claim

2.1 What the Service measures. The ARS is a graded readiness measurement. It scores how legible and operable a website is to automated agents, based on evidence observable from outside the site. It is not a measure of the quality, safety, security, reliability, financial condition, or business merit of any website or of the organization behind it. A low score means our checks did not observe certain signals. It does not mean a site is bad, and a high score is not an endorsement.

2.2 Scores are opinion based on a disclosed methodology. Every score is our evaluation, produced by applying our published methodology to evidence gathered at a point in time. Scores may change as our methodology changes, as our coverage improves, or as a Scanned Site changes. We publish our methodology so that any score can be understood and challenged. Each score, rating, review, and related commentary published by the Service constitutes HonestClaw's opinion on a matter of public concern - namely, the readiness of websites to interact with automated agents. Nothing in any score, review, or commentary is intended as, or should be construed as, a statement of objective fact regarding the quality, safety, legality, or business merit of any Scanned Site or its operator.

2.3 Scores and reviews are not for sale. We do not accept payment in exchange for a score, a change to a score, a review, review placement, leaderboard position, or category assignment, and we do not offer to do so. Our commitments on this point are described on our public methodology and monetization pages, which are incorporated here by reference for the purpose of describing the Service.

2.4 Free and paid tiers. Basic scanning and score results are made available at no charge. Additional workflow, depth, and speed features may require payment or Credits. We may change which features are free and which are paid, subject to Section 12.10.

2.5 Changes to the Service. We may modify the Service from time to time. We may charge additional fees for new modules, features, or functionality, provided that declining to pay those fees will not materially decrease the overall functionality of the Service you have already paid for during a Subscription Term.

3. Scanned Sites and Published Results

3.1 What we fetch. The Service fetches publicly accessible resources from Scanned Sites, including pages, robots.txt, sitemaps, well-known endpoints, and linked documentation. The Service does not attempt to access resources that require authentication, and does not attempt to circumvent access controls.

3.2 Third-party sites. Scanned Sites belong to third parties. We do not control them and we are not responsible for their content, availability, accuracy, or practices. Evidence excerpts we display are drawn from what was publicly published at the time of the scan.

3.3 Publication. Scores, evidence, and related results may be published on honestclaw.ai, including on public score pages, category pages, and the leaderboard. We may pre-load and publish scores for sites whose operators have not requested a scan. Publication is part of how the Service works and is not conditioned on the consent of the Scanned Site's operator.

3.4 Disputes and corrections. If you operate a Scanned Site and believe a published result is wrong, you may submit a dispute through the process described on our site. We will review disputes on their merits. We will correct results we determine to be in error, and we will not correct results merely because they are unflattering. Submitting a dispute does not entitle you to a particular outcome.

3.5 No scanning-as-a-weapon. You will not use the Service to submit scan requests at a volume or frequency intended to burden, disrupt, or degrade any Scanned Site, or to harass any person or organization.

3.6 Right to Refuse, Discontinue, or Remove. We reserve the right, in our sole discretion and without liability to you or any third party, to (a) refuse to conduct any particular scan request, (b) discontinue scanning any Scanned Site at any time, and (c) remove, modify, or archive any previously published score, review, or other result for any reason or no reason.

4. Accounts and Acceptable Use

4.1 Accounts and credentials. Some features require an account. You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity under your account. Notify us promptly of any unauthorized use.

4.2 Restrictions. You will not, and will not permit anyone else to: (a) modify, translate, or create a derivative work of any part of the Service Content; (b) sell, lease, loan, distribute, or otherwise transfer any part of the Service Content to a third party except as expressly permitted; (c) reverse engineer, disassemble, or otherwise attempt to access the source code of the Service; (d) use the Service in violation of any law or third-party right; (e) probe, scan, or disrupt our systems or other users' data; (f) submit malicious code, spam, or abusive content; (g) misrepresent a score, review, or leaderboard position, including by presenting a score you did not receive or a score that is no longer current as if it were current; or (h) remove, alter, or cover any proprietary rights notices.

4.3 Automated access. We publish machine-readable access paths to the Service where we say we do. Automated access outside those paths, including scraping the leaderboard or the review site, is not permitted without our written consent.

5. User Content

5.1 Your content stays yours. As between you and us, you retain ownership of your User Content.

5.2 License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, publish, and display your User Content for the purpose of operating, improving, and promoting the Service. For content you submit for publication, this license continues for as long as the content remains part of the published record.

5.3 Your representations. You represent that you have all rights necessary to submit your User Content and to grant the license in Section 5.2, and that your User Content does not infringe any third party's rights or violate any law.

5.4 Feedback. If you give us feedback or suggestions, we may use them without restriction or obligation to you.

6. Payment

6.1 Fees. Paid features are subject to the fees shown at the time of purchase, including subscription fees and Credit purchases (collectively, the "Fees"). Fees are charged automatically to the payment method you provide. All amounts are denominated and payable in United States dollars and are non-refundable except as stated in these Terms.

6.2 Automatic renewal. When you purchase a subscription, you authorize us to charge the applicable Fee to your payment method at the beginning of each renewal period (monthly or annual, as selected at checkout) until you cancel. The renewal Fee will be the then-current rate, which we may change upon at least thirty (30) days’ prior notice. You may cancel your subscription at any time through your account settings or by contacting us at legal@honestclaw.ai, and cancellation will take effect at the end of the current billing period. We will send you a confirmation of your subscription terms, including the renewal period, Fee amount, and cancellation instructions, when you subscribe. If you do not cancel before a renewal date, you authorize the renewal charge and acknowledge that Fees for the renewal period are non-refundable except as stated in Section 6.6.

6.3 Payment processing. We use a third-party payment processor. We do not receive or store your full payment card details. Your use of the payment processor is subject to its own terms and privacy policy.

6.4 Credits. Credits are issued as described at the time of purchase and expire at 11:59 p.m. Pacific Time on the last day of the calendar month in which they are made available, unless we state otherwise. Unused Credits do not roll over and have no cash value. You are not entitled to a refund or other compensation for expired or unused Credits.

6.5 Taxes. Other than taxes on our net income, you are responsible for all taxes, duties, and governmental charges arising from your use of the Service.

6.6 Refunds. Subscription Fees are non-refundable. If you terminate these Terms because of our uncured material breach, we will refund any prepaid Fees for the monthly period in which termination occurs, prorated from the effective date of termination through the end of that period, within thirty (30) days.

7. Intellectual Property

7.1 Our property. We own all right, title, and interest, including intellectual property rights, in and to the Service Content. Except for the limited rights expressly granted in these Terms, nothing here grants you any right, title, or interest in the Service Content.

7.2 Your limited license. Subject to these Terms, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service during the Subscription Term for your business purposes.

7.3 Use of your own score. You may display and share the score we publish for a site you operate, provided you present it accurately, identify the date of the scan, and do not imply that we endorse or certify you.

8. Term, Termination, and Suspension

8.1 Term. These Terms begin when you first access the Service and continue until terminated.

8.2 Termination. You may stop using the Service at any time. Either party may terminate these Terms if the other fails to cure a material breach within thirty (30) days after written notice, ceases operations without a successor, or becomes subject to a bankruptcy or similar proceeding not dismissed within sixty (60) days.

8.3 Effect of termination. On termination, your right to access the Service ends and we will delete your account data in accordance with our standard retention practice described in our Privacy Policy. Published scores and the public record they form may remain available.

8.4 Suspension. We may suspend your access immediately if we reasonably and in good faith determine that your use threatens the integrity, security, or availability of the Service, or materially interferes with another user's use. Except in an emergency, we will give you reasonable prior notice (which may be by email) and an opportunity to cure. If the condition lasts more than thirty (30) days, we may terminate these Terms.

8.5 Survival. Sections 2.1, 2.2, 3.2, 4.2, 5.2, 5.4, 6.4, 7.1, 8.3, 8.5, 9, 10, 11, and 12 survive termination.

9. Confidentiality

9.1 Confidential Information. "Confidential Information" means information disclosed by one party to the other that is designated as confidential, that reasonably appears confidential given its nature or the circumstances of disclosure, or that is customarily treated as confidential between business parties.

9.2 Exclusions. These obligations do not apply to information that: (a) was public before disclosure; (b) becomes public after disclosure through no fault of the receiving party; (c) was already in the receiving party's possession without restriction; (d) is obtained from a third party without breach of a confidentiality obligation; or (e) is independently developed without use of or reference to the disclosing party's Confidential Information.

9.3 Non-use and non-disclosure. The receiving party will use Confidential Information only to exercise its rights and perform its obligations under these Terms, will disclose it only to those of its personnel with a need to know who are bound by comparable obligations, and will protect it with at least reasonable care. The receiving party may disclose Confidential Information if required by law, provided it gives prompt notice where legally permitted and assists in seeking protective treatment.

10. Warranties and Disclaimers

10.1 Mutual. Each party represents that it has the authority to enter into these Terms and that no third-party authorization is required to do so.

10.2 Your warranties. You represent that you will use the Service in compliance with applicable law and only for the purposes authorized here, and that you have all necessary rights and consents for the User Content you submit.

10.3 AI and Output. Because of the nature of AI Technology, we do not represent or warrant that any Output does not incorporate or reflect third-party content, or that any Output will not infringe third-party intellectual property rights. Output is generated through automated processes and is not tested, verified, endorsed, or guaranteed to be accurate, complete, or current. You should independently review and verify all Output for your use case. You are solely responsible for your reliance on Output. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR DECISIONS MADE BASED ON OUTPUT OR OTHERWISE ARISING FROM RELIANCE ON OUTPUT.

10.4 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 10, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT, OR THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. THESE WARRANTIES DO NOT APPLY TO ANY THIRD-PARTY TECHNOLOGY OR TO ANY SCANNED SITE.

11. Limitation of Liability

11.1 No consequential damages. WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, OR INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE.

11.2 Cap. OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING WARRANTY CLAIMS) WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE DATE THE APPLICABLE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12. General

12.1 Independent contractors. The parties are independent contractors. Nothing here creates an agency, partnership, or employment relationship.

12.2 Assignment. Neither party may assign these Terms without the other's prior written consent, except that either party may assign to a successor in connection with a merger, acquisition, change of control, or sale of all or substantially all of its assets or equity.

12.3 Governing law and jurisdiction. These Terms are governed by the laws of the State of California, without regard to any choice or conflict of law provision. Any dispute arising from or related to these Terms will be brought exclusively in the state and federal courts located in San Francisco County, California, and each party irrevocably submits to the exclusive jurisdiction of those courts.

12.4 Subcontractors. We may use subcontractors to perform any part of our obligations, and we remain responsible for their acts and omissions as if they were our own.

12.5 Force majeure. Performance by either party (other than your obligation to pay Fees) is excused to the extent rendered impossible by strike, fire, flood, governmental acts or restrictions, or other causes beyond that party's reasonable control and not caused by its negligence.

12.6 Export compliance. You will comply with all applicable U.S. and foreign export and import laws. You represent that you are not listed on any U.S. government list of prohibited or restricted parties and are not located in a country subject to a U.S. government embargo, and you agree not to use the Service in violation of any export embargo, prohibition, or restriction.

12.7 Government rights. To the extent applicable, the Service is "commercial computer software" or a "commercial item" under FAR 12.212 and DFARS 227.7202, and all use, reproduction, release, modification, disclosure, or transfer is governed solely by these Terms.

12.8 Waiver and severability. A waiver of one breach is not a waiver of any other. Failure to insist on strict performance is not a waiver of the right to demand it later. If any part of these Terms is unenforceable, the rest remains in full force.

12.9 Entire agreement. These Terms, together with our Privacy Policy, are the complete agreement between the parties on this subject and supersede all prior oral and written agreements, except that a separate signed master services agreement will control over these Terms.

12.10 Amendment. We may modify these Terms from time to time. If we make a material change, we will notify you by email or by posting the revised Terms at least thirty (30) days before the change takes effect (the "Notice Period"). If you do not agree to a material change, you may terminate these Terms by written notice before the end of the Notice Period. Continued use of the Service after the Notice Period constitutes acceptance. Otherwise, these Terms may be amended only by a written agreement signed by both parties.

13. Contact

Questions about these Terms can be sent to legal@honestclaw.ai.

TheHog, Inc.