Terms of Use

1. Purpose

These terms of use (the “Terms”) govern the use of Hooky: the heyhooky.com site, the web workspace, the Hooky apps (iPhone, iPad, Mac and Android), the chat bubble, channels and the API. Hooky is published by theAppsfactory, a simplified joint-stock company (SAS) with share capital of €1,000, 24 rue Abel Gance, 84100 Orange, France, Trade and Companies Register (RCS) of Avignon 821 324 332 (“we”). See the legal notice.

By creating a profile or using Hooky, you accept these Terms and our privacy policy. If you use Hooky for a business, you bind that business and confirm you’re entitled to do so.

2. The service

Hooky adds a chat bubble to its users’ sites. Their visitors write in it without creating an account; the user and their team reply from the web workspace or the app, receive notifications, track event stats and channel notifications, and can manage their account through the API.

Features announced as “coming soon” (for example the MCP server) are not part of the service until they’re available.

3. Your profile, your account and your team

• You log in with Google, Apple or a link sent by email. You must provide an accurate email address and keep access to your login methods to yourself.
• You must be of legal age, or have the consent of your legal guardian.
• An account groups sites and a team. Its owner manages the subscription and can delete it; they are answerable for actions taken in the account, including by the members they invite and by the AIs or scripts they give an API key to.
• An account can be created by an AI at your request: it only becomes yours once activated from the email you receive. If it isn’t activated, it is erased.

4. Plans and prices

The plans differ only in the number of sites and members: all include live chat, the apps, notifications, email reminders, stats, channels, multiple domains per site and the API. Web prices are in euros, all taxes included. In the app, the App Store and Google Play show the price in your currency, local taxes included; that price is the one that applies.

We may change our prices. A new price only applies to an ongoing subscription at its next renewal, after we’ve notified you at least 30 days in advance (or according to the store’s rules for a subscription taken out in the app); you can cancel before then.

5. Subscription: term, renewal, payment

The Creator and Studio plans are auto-renewing subscriptions, monthly or yearly as you choose. At the end of each period, the subscription renews for the same term and the same price, and payment is charged, unless you canceled it beforehand. Only an account’s owner can subscribe it, and an account has only one active subscription at a time, with a single provider: while it’s subscribed with one, it can’t pay with another.

On the web, with Stripe

• Card payment goes through Stripe, from the Subscription screen in your workspace. We never see your card.
• The first time, an account can get a 14-day free trial. Unless you cancel before the trial ends, the subscription then starts and the first payment is charged.
• The price is charged at the start of each period. Invoices are in the Stripe portal.

In the iPhone, iPad and Mac app, with the App Store

• Payment is charged to your Apple account at confirmation of purchase.
• The subscription renews automatically unless you turn off auto-renewal at least 24 hours before the end of the current period; the renewal is charged within the 24 hours before the end of the period.
• You manage and cancel the subscription in your Apple account settings (on iPhone: Settings › [your name] › Subscriptions).
• Apple’s Standard Licensed Application End User License Agreement (EULA) applies in addition to these Terms.

In the Android app, with Google Play

• Payment goes through your Google Play account, under Google Play’s terms.
• The subscription renews automatically until you cancel it in the Play Store (Profile picture › Payments & subscriptions › Subscriptions).

Changing plans

You can switch from Creator to Studio or the other way around, or change billing cycle, from the Stripe portal or the settings of the store that manages your subscription. The store or Stripe calculates any price adjustment.

Failed payment

If a payment fails, your plan stays active while Stripe or the store retries the payment. If it doesn’t go through, the account goes back to the Free plan.

6. Cancellation and end of the subscription

• Web: in your workspace, Subscription › Manage subscription opens Stripe’s secure portal, where you cancel in a few clicks.
• App Store: in your Apple account settings, at least 24 hours before the end of the period.
• Google Play: in the Play Store.

Cancellation takes effect at the end of the period already paid: you keep your plan until then, and the period already started isn’t refunded, except as provided by law or the store’s rules. The account then goes back to the Free plan: it keeps its sites, conversations and members, but can’t add more beyond the plan’s limit.

Deleting an account (bottom of the Team page) or your profile also cancels the Stripe and Google Play subscriptions attached to it. An App Store subscription, however, can only be canceled by you, in your Apple account settings: remember to do it.

You can stop using Hooky at any time, free of charge.

7. Right of withdrawal

If you’re a consumer in the European Union, you have 14 days from subscribing to withdraw, without giving any reason. By subscribing, you ask for the service to start right away: if you then withdraw, you only pay for the part of the service provided up to your withdrawal, and the rest is refunded to you.

• For a subscription taken out on the web, write to support@heyhooky.com within that period.
• For a purchase in the App Store or Google Play, the request goes to Apple (reportaproblem.apple.com) or Google Play, under their rules: we can’t refund those purchases ourselves.

The free trial, when it applies, gives you 14 days to try it without paying anything anyway.

8. What you agree to do, and not to do

You remain the owner of your content (sites, replies, stats). You only authorize us to host, transmit and display it to run the service. You agree not to use Hooky to:

• send spam, harass, deceive or threaten anyone, or distribute illegal content;
• collect sensitive data through the bubble (health, opinions, banking data…) or children’s data without a legal basis;
• impersonate someone else or install the bubble on a site that isn’t yours without permission;
• get around the API’s limits, try to access other accounts’ data, or disrupt the service;
• resell the service as is or copy it.

9. Your visitors’ data (processing on your behalf)

For the data of your sites’ visitors (messages, name and email they leave, page, language, time zone, stats events, channel notifications), you are the controller and Hooky is your processor within the meaning of Article 28 of the GDPR. As such, we undertake to:

• process this data only to provide the service, according to your instructions (your settings and your use of the service express them), and never for our own purposes;
• ensure the confidentiality of the people who have access to it on our side, and protect the data with appropriate security measures;
• only use the processors listed in the privacy policy, who are bound by the same obligations, and notify you of any change to that list, which you can object to by canceling;
• help you respond to your visitors’ requests (access, erasure…) and meet your own obligations;
• notify you without undue delay of any data breach affecting them;
• erase this data when you delete the site or the account;
• provide you on request with the information needed to verify these commitments.

For your part, you inform your visitors that you use Hooky (for example in your site’s privacy policy), you make sure you have a legal basis for this processing, and you don’t put any personal data in stats or channels. A signed data processing agreement is available on request at support@heyhooky.com.

10. Availability and changes to the service

We do our best to keep Hooky available and reliable, but can’t guarantee uninterrupted or error-free service (maintenance, a provider outage, network issues). The service evolves: we may add, change or remove features. If a change significantly reduces what your paid subscription offers, we’ll let you know in advance and you can cancel.

11. Liability

You are responsible for your sites, what you write to visitors and how you use their data. We aren’t responsible for content sent by visitors or by your tools.

If you use Hooky in a professional capacity, our liability is limited to direct and foreseeable damages, and can’t exceed the amount you paid us over the last 12 months. These limits don’t apply in the event of gross negligence or willful misconduct, or to the rights the law guarantees to consumers.

12. Suspension and termination by us

If you don’t comply with these Terms, we may suspend or close your account, after notifying you and giving you time to fix things, or immediately in the event of serious abuse, illegal content or a security risk. If we shut Hooky down, we’ll let you know at least 60 days in advance, let you retrieve your data and refund the unused part of a subscription paid on the web.

13. Intellectual property

Hooky, its name, its logo, its apps, the bubble and their code belong to us. We grant you a personal, non-exclusive right to use them and to install the bubble on your sites for as long as you use the service.

14. Changes to the Terms

We may change these Terms, for example when the service or the law changes. For a significant change, we’ll let you know by email or in the app at least 30 days before it takes effect. If you don’t agree, you can cancel before that date; if you keep using Hooky after it, the new Terms apply.

15. Governing law and disputes

These Terms are governed by French law. If there’s a problem, write to us first at support@heyhooky.com: we’ll look for an amicable solution.

If you’re a consumer, you can also turn to a consumer mediator free of charge, and you keep the protection of the mandatory rules of your country of residence and the right to bring a claim before the court where you live. If you act in a professional capacity, any dispute falls under the jurisdiction of the competent courts of Avignon.

16. Contact

theAppsfactory, 24 rue Abel Gance, 84100 Orange, France — support@heyhooky.com.