Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the Zirpa platform (the “Service”) operated by Hatchit Software Solutions (“Hatchit”, “we”, “us”).

By accessing or using the Service, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have authority to bind that organisation.

2. Description of Service

Zirpa is a software-as-a-service platform that enables workflow automation, messaging, document management, AI-assisted processing, and integrations with third-party services.

The Service may include features such as:

• workflow design and execution
• candidate and customer interaction tools
• email, SMS, and notification delivery
• document storage and exchange
• AI-assisted content generation and analysis

Hatchit may modify, enhance, or discontinue any aspect of the Service at any time without liability.

3. Customer Obligations

You are solely responsible for:

• all use of the Service under your account
• all workflows, automations, and configurations
• all data, content, and communications submitted or transmitted
• compliance with all applicable laws and regulations

You represent and warrant that:

• you have all rights necessary to use and process any data submitted
• your use complies with privacy, employment, anti-spam, and other applicable laws
• you will not use the Service for unlawful or harmful purposes

4. End User Data and Relationships

The Service enables you to interact with your own end users (including candidates, applicants, and customers).

You acknowledge and agree that:

• you control your relationship with your end users
• you are responsible for how their data is collected, used, and disclosed
• Hatchit acts solely as a service provider and does not determine the purposes of processing

5. Messaging and Communications Compliance

You are solely responsible for all communications sent using the Service.

You must ensure compliance with all applicable laws, including:

• U.S. CAN-SPAM Act
• U.S. TCPA (where applicable)
• Australian Spam Act 2003

You must:

• obtain valid and informed consent
• provide clear opt-out mechanisms
• honour opt-out requests promptly

Hatchit reserves the right to monitor messaging activity and may suspend or restrict messaging functionality at its sole discretion where misuse or regulatory risk is identified.

6. AI Features and Outputs

The Service may include AI-powered features.

You acknowledge that:

• outputs may be inaccurate, incomplete, or biased
• outputs are provided for informational purposes only
• outputs do not constitute professional advice

You are solely responsible for:

• reviewing outputs
• decisions made based on outputs

To the maximum extent permitted by law:

• AI features are provided “as is”
• Hatchit disclaims all responsibility for outcomes resulting from reliance on AI outputs

You acknowledge that you do not rely on the Service or AI outputs as a substitute for independent judgment.

7. Fees, Billing, and Payment

Fees are as set out in a proposal, order form, or written agreement.

Unless otherwise specified:

• fees are invoiced monthly
• pricing may be based on usage metrics
• Hatchit may adjust pricing based on actual usage with reasonable notice

All fees are non-refundable except as required by law.

Hatchit reserves the right to suspend access for non-payment.

8. Usage Limits and Fair Use

Use of the Service is subject to reasonable usage limits.

Hatchit may:

• monitor usage patterns
• apply additional charges for excessive usage
• require plan upgrades
• throttle, suspend, or restrict access

9. Suspension Rights

Hatchit may suspend or restrict access immediately, without notice, if:

• you breach these Terms
• payment is overdue
• your use creates legal, regulatory, security, or reputational risk
• required by law or third-party providers

Hatchit shall not be liable for any loss arising from suspension.

10. Restrictions and Prohibited Conduct

You must not, and must not permit any third party to:

• reverse engineer, decompile, or disassemble the Service
• copy, modify, or create derivative works
• access the Service to build a competing product
• resell, sublicense, or commercially exploit the Service
• bypass security or usage limits
• use bots, scrapers, or automated tools improperly
• interfere with or disrupt system integrity

11. Intellectual Property

All rights in the Service are owned by Hatchit.

You retain ownership of your data.

You grant Hatchit a limited, non-exclusive, worldwide license to process your data solely to provide the Service.

12. Third-Party Services

The Service may integrate with third-party services.

Hatchit is not responsible for:

• third-party outages
• third-party data handling
• failures caused by third-party systems

13. Service Availability and Force Majeure

The Service is provided on an “as is” and “as available” basis.

Hatchit does not guarantee:

• continuous or uninterrupted operation
• error-free performance
• security or availability at all times

Hatchit is not liable for delays or failures caused by events beyond its reasonable control.

14. Disclaimer of Warranties

To the maximum extent permitted by law, Hatchit disclaims all warranties, express or implied, including:

• merchantability
• fitness for a particular purpose
• non-infringement

15. Limitation of Liability

To the maximum extent permitted by law:

• Hatchit shall not be liable for indirect, incidental, special, or consequential damages
• including loss of profits, revenue, data, goodwill, or business interruption

Hatchit’s total aggregate liability shall not exceed the fees paid in the 12 months preceding the claim.

16. Indemnity

You agree to indemnify and hold harmless Hatchit from any claims, damages, or liabilities arising from:

• your use of the Service
• your data, workflows, or communications
• claims relating to Customer Data
• violations of law or third-party rights

17. Export and Sanctions Compliance

You must not use the Service in violation of export control or sanctions laws, including those of the United States and Australia.

18. Termination

Hatchit may terminate access for breach.

Upon termination:

• access ceases
• data may be deleted

19. Changes to Terms

Hatchit may update these Terms at any time.

Continued use constitutes acceptance.

20. Assignment

You may not assign these Terms without consent.

Hatchit may assign these Terms freely, including in connection with a merger or sale.

21. Entire Agreement

These Terms, together with any proposal or order form, constitute the entire agreement.

22. Governing Law

These Terms are governed by the laws of New South Wales, Australia, unless otherwise agreed in writing.

23. Contact

Hatchit Software Solutions

sales@zirpa.ai