Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Workbird LLC, doing business as HawkLeads ("we," "us," or "our"). By creating an account, accessing, or using the HawkLeads platform at hawkleads.io or any associated services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization. If you do not agree, you must not use the service.

2. Description of Service

HawkLeads is a software-as-a-service ("SaaS") platform that provides an embeddable contact widget with multi-step qualifying flows and automated lead scoring. The service includes:

• A configurable, embeddable widget for customer websites
• A dashboard for managing leads, widgets, flows, and analytics
• Automated lead scoring based on qualifying answers
• Email notifications for new leads and follow-up reminders
• API access for programmatic lead management (Pro and Agency plans)
• Webhook integrations for third-party systems (Pro and Agency plans)

We reserve the right to modify, suspend, or discontinue any part of the service at any time with 30 days prior notice for material changes. Routine updates, bug fixes, and minor feature changes may be made without notice.

3. Account Registration and Security

To use HawkLeads, you must create an account with a valid email address and a password of at least 8 characters. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the confidentiality of your account credentials
• Immediately notify us of any unauthorized access or breach at support@hawkleads.io
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts if we have reason to believe the registration information is inaccurate, or if the account is being used in violation of these Terms. You may not share, transfer, or sell access to your account.

4. Plans, Pricing, and Billing

4.1 Plans

HawkLeads offers the following subscription plans:

• Trial: 14-day free trial with access to Starter-level features and a 50-submission limit. No credit card required.
• Starter ($99/month): 1 widget, 500 submissions/month, 3 team members, webhook integrations.
• Pro ($149/month): 5 widgets, 2,000 submissions/month, 10 team members, API access, webhooks, custom branding, lead routing rules, A/B testing.
• Agency ($249/month): 25 widgets, unlimited submissions, 25 team members, full API and webhook access, shared analytics links, priority support, white-label options.

Annual billing is available at a 17% discount. All prices are in US Dollars. We reserve the right to change pricing with 30 days written notice. Existing subscriptions will honor current pricing through the end of the current billing period.

4.2 Billing

All payments are processed through Stripe. By subscribing to a paid plan, you authorize us to charge the payment method on file on a recurring basis (monthly or annually, depending on your selection). Billing occurs at the start of each billing period. All fees are non-prorated unless you are upgrading mid-cycle, in which case you will be charged a prorated amount for the remainder of the current period.

4.3 Free Trial

New accounts receive a 14-day free trial with no credit card required. At the end of the trial period, if you have not selected a paid plan, your widgets will stop accepting new submissions and display a fallback contact message. Your data will be retained for 90 days after trial expiration, during which you can activate a paid plan to regain full access. After 90 days, data from inactive trial accounts may be permanently deleted.

4.4 Upgrades and Downgrades

You may upgrade your plan at any time. Upgrades take effect immediately and you will be charged a prorated amount for the remainder of the current billing period. Downgrades take effect at the start of the next billing period. If your downgrade results in exceeding plan limits (e.g., more active widgets than the new plan allows), you must deactivate excess resources before the downgrade takes effect.

4.5 Refund Policy

All subscriptions are billed in advance and are non-refundable. When you cancel, your access continues through the end of the current billing period. We do not provide partial refunds for unused time within a billing period. In exceptional circumstances (e.g., billing errors, extended service outages exceeding 24 hours), we may issue credits or refunds at our sole discretion. To request a review, contact support@hawkleads.io within 14 days of the charge in question.

4.6 Failed Payments

If a payment fails, we will attempt to collect the payment up to 3 additional times over a 14-day period. During this time, your account will be marked as "past due" but service will continue. If payment is not received after all retry attempts, your account will be downgraded to an inactive state and widgets will stop accepting submissions. Service is restored immediately upon successful payment.

4.7 Taxes

All prices are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes. Where required by law, we will collect and remit sales tax on your behalf.

5. Acceptable Use

You agree not to use HawkLeads to:

• Collect personal information from individuals under the age of 13 (or the applicable age of consent in your jurisdiction)
• Send unsolicited commercial communications (spam) using data collected through the widget
• Collect sensitive personal data (health, financial, biometric, racial/ethnic data) without explicit consent and appropriate safeguards
• Engage in phishing, social engineering, or deceptive practices
• Violate any applicable local, state, national, or international law or regulation
• Interfere with or disrupt the service, servers, or networks connected to the service
• Attempt to gain unauthorized access to any part of the service or any systems or networks connected to the service
• Reverse engineer, decompile, or disassemble the service or widget code
• Resell, sublicense, or redistribute the service without prior written consent
• Use the service in any manner that could damage, disable, overburden, or impair HawkLeads infrastructure

Violation of these acceptable use terms may result in immediate suspension or termination of your account without notice. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions.

6. Data Ownership and Licensing

6.1 Your Data

You retain all rights to the data you submit to or collect through HawkLeads ("Customer Data"), including all lead submissions, widget configurations, and account information. We claim no ownership over Customer Data. Upon account deletion, all Customer Data is permanently and irrecoverably removed.

6.2 License to Us

You grant us a limited, non-exclusive, worldwide license to use, process, and store Customer Data solely for the purpose of providing and improving the service. This license terminates when you delete your account or remove the relevant data.

6.3 Our Intellectual Property

The HawkLeads platform, including the dashboard, widget code, scoring algorithms, APIs, documentation, and all related intellectual property, remains the exclusive property of HawkLeads. These Terms do not grant you any right, title, or interest in our intellectual property except for the limited right to use the service as described herein.

6.4 Aggregated Data

We may use anonymized, aggregated data (that cannot be used to identify you or your end users) for analytics, benchmarking, and service improvement. This data will never be sold to third parties or used for advertising purposes.

7. Data Processing and Compliance

You acknowledge that by using HawkLeads, you act as a data controller for the personal data collected through your widgets, and HawkLeads acts as a data processor. You are responsible for:

• Obtaining all necessary consents from end users before collecting their data
• Providing appropriate privacy notices on your website where the widget is embedded
• Complying with all applicable data protection laws (including GDPR, CCPA, PIPEDA, and others as relevant to your jurisdiction)
• Responding to data subject access requests related to data collected through your widgets

We will process Customer Data in accordance with our Privacy Policy and applicable data protection laws. For GDPR-covered data, a Data Processing Agreement (DPA) is available upon request at support@hawkleads.io.

8. API and Widget Usage

8.1 API Access

API access is available on Pro and Agency plans. API keys are issued per account and must be kept confidential. You are responsible for all API activity conducted with your keys. API requests are rate-limited to prevent abuse. We reserve the right to revoke API keys that are used in violation of these Terms or that generate excessive load.

8.2 Widget Embedding

The HawkLeads widget may be embedded on websites you own or have authorization to modify. You may not embed the widget on websites you do not control or have permission to modify. The widget must not be modified, obfuscated, or used in a manner that misrepresents its origin or purpose.

8.3 Rate Limits

The service enforces rate limits on API requests, widget submissions, and authentication attempts. Current rate limits are documented in our API documentation. Exceeding rate limits will result in temporary request rejection (HTTP 429). Persistent abuse may lead to account suspension.

9. Service Availability and Support

9.1 Uptime

We target 99.9% uptime for the HawkLeads platform, measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance will be communicated at least 24 hours in advance. We do not offer formal SLAs at this time. For custom SLA arrangements, contact us about enterprise plans.

9.2 Support

Support is provided via email at support@hawkleads.io. All plans receive standard support with a target response time of one business day. Agency plans receive priority support with a target response time of 4 business hours during US Eastern business hours (9:00 AM to 6:00 PM ET, Monday through Friday).

10. Cancellation and Termination

10.1 Cancellation by You

You may cancel your subscription at any time from the billing settings in your dashboard or through the Stripe billing portal. Upon cancellation:

• Your access continues through the end of the current billing period
• No further charges will be made
• Your widgets will stop accepting submissions at the end of the billing period
• Your data will be retained for 90 days after the subscription ends
• After 90 days, all account data will be permanently deleted

10.2 Account Deletion

You may permanently delete your account at any time from your account settings. Account deletion is immediate and irreversible. All associated data, including leads, widgets, analytics, and team member records, will be permanently removed. Active subscriptions will be canceled and no refund will be issued for the remaining period.

10.3 Termination by Us

We may suspend or terminate your account immediately and without notice if:

• You violate these Terms of Service
• Your account is used for illegal activity
• You fail to pay outstanding fees after all retry attempts
• We are required to do so by law

If we terminate your account due to our decision to discontinue the service, we will provide 30 days notice and a prorated refund for any prepaid, unused portion of your subscription.

11. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT LEAD SCORING IS AN AUTOMATED ESTIMATE AND SHOULD NOT BE THE SOLE BASIS FOR BUSINESS DECISIONS. HAWKLEADS DOES NOT GUARANTEE THE ACCURACY OF LEAD SCORES OR THE QUALITY OF LEADS SUBMITTED THROUGH WIDGETS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAWKLEADS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the service
• Any conduct or content of any third party on the service
• Any content obtained from the service
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless HawkLeads and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the service
• Your violation of these Terms
• Your violation of any rights of another party, including end users whose data you collect
• Your violation of any applicable law or regulation
• Content you collect, store, or process through the service

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing a formal dispute, you agree to attempt to resolve any issue informally by contacting us at support@hawkleads.io. We will attempt to resolve the dispute within 30 days.

14.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Fairfax County, Virginia. Each party shall bear its own costs. The arbitrator's award shall be final and binding.

14.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Modifications to Terms

We may revise these Terms at any time by posting the updated version on our website. Material changes will be communicated via email to the address associated with your account at least 30 days before they take effect. Your continued use of the service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you must cancel your subscription and stop using the service before the new Terms take effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and HawkLeads regarding the service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, riots, government action, internet outages, or third-party service failures.

17. Contact Information

For questions, concerns, or notices regarding these Terms, contact us at: