Terms of Service

1. Acceptance of Terms

By accessing or using Hardpoint, you agree to these Terms. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate account information and promptly notify us of suspected unauthorized use.

4. Subscription, Billing, and Taxes

Paid features are billed on a subscription basis. Billing and payment processing are handled through third-party providers, including Stripe. You authorize applicable charges, including recurring fees and any usage-based charges disclosed in your plan. You are responsible for applicable taxes unless otherwise stated.

5. Acceptable Use

You agree not to:

• Use the Services for unlawful, fraudulent, or abusive activity.
• Attempt to access systems, data, or accounts without authorization.
• Interfere with security, integrity, availability, or performance.
• Reverse engineer, copy, scrape, or misuse the Services beyond permitted use.

6. Customer Data and Content

You retain rights to your data and content. You grant us the rights necessary to host, process, transmit, secure, and otherwise provide the Services. You are responsible for ensuring you have rights to data you submit and for compliance with applicable laws.

7. Intellectual Property

The Services, including software, branding, design, and content (excluding your data), are owned by DevPlus LLC or its licensors and protected by applicable intellectual property laws.

8. Third-Party Services

Hardpoint may rely on third-party services, such as payment processing, cloud storage, analytics, and error monitoring. We are not responsible for third-party services outside our control.

9. Disclaimers

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

10. Limitation of Liability

To the maximum extent permitted by law, DevPlus LLC and its affiliates are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, revenues, data, or goodwill. Our total liability arising out of or related to the Services is limited to the amounts you paid for the Services in the 12 months preceding the claim.

11. Indemnification

You will defend, indemnify, and hold harmless DevPlus LLC and its affiliates from claims, damages, liabilities, and expenses arising from your misuse of the Services, your content, or your violation of these Terms or applicable law.

12. Suspension and Termination

We may suspend or terminate access if we reasonably believe you violated these Terms, pose security risk, or create legal exposure. You may stop using the Services at any time. Sections that by nature should survive termination remain in effect.

13. Dispute Resolution; Arbitration and Class Waiver

Before filing a formal claim, you and DevPlus LLC agree to attempt informal resolution by contacting [email protected].

Except where prohibited by law, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, and not in court. You and DevPlus LLC waive any right to a jury trial and any right to participate in a class or representative action.

You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. For matters not subject to arbitration, exclusive venue lies in state or federal courts located in Maricopa County, Arizona.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be posted with an updated effective date. Continued use after changes become effective constitutes acceptance of the revised Terms.

16. Contact Information

Questions about these Terms can be sent to [email protected].