Terms of Service

1. Who you are contracting with

The Services are provided by HAMBURGERLABS LIMITED (“Hamburger Labs”, “we”, “us”), a company registered in England and Wales under company number 17211878, with its registered office at 5 Temple Road, Croydon, England, CR0 1HU.

2. What these terms cover

“Services” means all Hamburger Labs websites, waitlists, applications, APIs, and software products, together with any documentation and support we provide with them.

These terms are the master agreement for all of them. A given product may add product-specific terms — for example, usage limits, an SLA, or terms specific to a regulated feature. Those supplement these terms; where the two genuinely conflict, the product-specific terms govern for that product only. An order form or written enterprise agreement signed by both parties overrides both.

Our Privacy Policy explains how we handle personal data and forms part of this agreement.

3. Accepting these terms

You accept these terms by creating an account, joining a waitlist, or otherwise using the Services. If you are accepting on behalf of a company or other organisation, you confirm you have authority to bind it, and “you” means that organisation.

You must be at least 16 years old, and legally capable of entering a contract, to use the Services.

4. Your account

You are responsible for the accuracy of the information on your account, for keeping your credentials confidential, and for everything that happens under your account. Tell us promptly at ben@hamburgerlabs.com if you suspect unauthorised access. We may suspend an account where we reasonably believe it has been compromised.

5. Fees, billing, and renewal

• Fees are those shown at the point of purchase for your chosen plan. Unless stated otherwise, they exclude VAT and other applicable taxes, which we add at the prevailing rate.
• Billing is in advance, on the cycle you select (typically monthly or annually), using the payment method on your account. You authorise us to charge it for each renewal.
• Renewal is automatic at the end of each cycle, at the then-current price, unless you cancel before the cycle ends.
• Cancellation takes effect at the end of the cycle you have already paid for. You keep access until then.
• Price changes take effect on your next renewal, and we will give you at least 30 days’ notice by email. If you don’t accept a change, cancel before it applies.
• Failed payments — if we cannot collect a payment, we may suspend your access after giving you notice and a reasonable chance to fix it.
• Refunds — except where these terms or the law require otherwise, fees are non-refundable and we don’t refund partial periods. Section 15 sets out consumer cancellation rights.

6. Free plans, trials, and beta features

We may offer free plans, trials, previews, or features labelled alpha, beta, or early access. These are provided “as is”, may change or be withdrawn at any time, may have lower reliability than our general Services, and are excluded from any service level commitment. We may set and enforce limits on free usage.

7. Your content

You keep all ownership of the content you upload to or create in the Services (“Your Content”). We claim no ownership of it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and adapt Your Content strictly to the extent needed to operate, secure, and support the Services for you, and to comply with the law. This licence ends when you delete Your Content or close your account, except for copies retained in routine backups for the limited period described in our Privacy Policy.

You are responsible for Your Content, and you confirm you have the rights necessary to submit it and to grant us the licence above.

We do not use Your Content to train machine learning models for use outside your own account, unless you explicitly opt in.

8. Acceptable use

You must not, and must not permit anyone else to:

• break the law, infringe anyone’s rights, or help anyone else do either;
• upload or distribute material that is unlawful, defamatory, harassing, or that contains malware;
• probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure, without our written permission;
• place unreasonable load on the Services, or use bots or scrapers to access them, other than through our documented APIs and within any published rate limits;
• reverse engineer, decompile, or attempt to derive our source code, except to the extent the law expressly permits despite this restriction;
• resell, sublicense, or provide the Services to a third party as a substitute for their own subscription, unless we agree in writing;
• misrepresent your affiliation with us, or use our brand without permission.

If you breach this section we may suspend or terminate your access. Where it is reasonable to do so, we will warn you first and give you the opportunity to fix the problem — but we may act immediately where the breach is serious, unlawful, or poses a risk to other users or to the Services.

9. Our intellectual property

The Services, and all software, designs, text, and branding in them, belong to us or our licensors. Subject to these terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose. No other rights are granted.

If you send us feedback or suggestions, we may use them freely, without obligation or payment to you. This does not give us any rights in Your Content.

10. Third-party services

The Services may integrate with services we don’t control. Your use of those is governed by their own terms, and we are not responsible for them. If a third-party service becomes unavailable, we may stop offering the integration.

11. Data protection

Where we process personal data on your behalf as your processor, our data processing agreement applies and forms part of this agreement. Request a copy at ben@hamburgerlabs.com. Each of us will comply with applicable data protection law.

12. Availability and changes to the Services

We work to keep the Services available, but we don’t promise they will be uninterrupted or error-free unless a product-specific SLA says so. We may need to suspend access for maintenance, and will give reasonable notice where we can.

We may add, change, or remove features as our products evolve. If we discontinue a paid product or make a change that materially reduces its core functionality, we will give you at least 30 days’ notice and refund any fees you have paid for the period after it stops.

13. Suspension and termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access if you materially breach these terms and don’t fix the breach within 14 days of us asking, if you fail to pay, or if we are required to by law.

When this agreement ends: your licence to use the Services stops; any fees already accrued remain payable; and you may export Your Content for 30 days, after which we may delete it. Sections that by their nature should survive termination — including sections 7, 9, 14, 15, 16, and 18 — do survive.

14. Warranties and disclaimers

We warrant that we will provide the Services with reasonable care and skill.

Beyond that, and to the fullest extent the law allows, the Services are provided “as is” and we exclude all other warranties, conditions, and terms implied by statute or common law, including any implied warranty of satisfactory quality, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will meet your requirements, or that any output will be accurate or complete. Nothing in this section affects the statutory rights of a consumer.

15. If you are a consumer

If you use the Services wholly outside your trade, business, craft, or profession, you are a consumer and you have statutory rights these terms cannot take away.

In particular, you normally have 14 days from purchase to cancel a digital subscription and receive a refund. If you ask us to start providing the Services immediately within that period, you acknowledge that you lose the right to cancel once the Services are fully performed — and if you cancel part-way through, we may charge for what you have used.

Nothing in these terms excludes or limits our liability under the Consumer Rights Act 2015.

16. Limitation of liability

Nothing in these terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any liability that cannot lawfully be limited, including under the Consumer Rights Act 2015.

Subject to that:

• neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, or loss or corruption of data, in each case however caused;
• our total liability arising out of or in connection with this agreement, whether in contract, tort (including negligence), or otherwise, is limited in aggregate to the greater of (a) the total fees you paid us in the 12 months before the event giving rise to the claim, and (b) £100.

You are responsible for keeping your own copies of Your Content. This allocation of risk is reflected in our pricing.

17. Indemnity (business users)

If you use the Services for business purposes, you will indemnify us against losses, damages, and reasonable costs we incur from third-party claims arising out of Your Content or your use of the Services in breach of these terms. This section does not apply to consumers.

18. General

• Changes to these terms. We may update them as our products change. For material changes we will give at least 30 days’ notice by email or in-product notice, and they take effect at your next renewal or, for free users, on the date stated. Continuing to use the Services after that means you accept them; if you don’t, stop using the Services.
• Force majeure. Neither party is liable for failure to perform caused by events outside its reasonable control.
• Assignment. You may not assign this agreement without our consent. We may assign it to a group company or to a buyer of our business.
• Entire agreement. This agreement is the whole agreement between us on its subject matter, and replaces any earlier understanding. Neither party relies on any statement not set out in it — though nothing limits liability for fraud.
• Severability and waiver. If any provision is found unenforceable, the rest continue in force. A delay in enforcing a right is not a waiver of it.
• Third parties. No one other than you and us has any right to enforce this agreement under the Contracts (Rights of Third Parties) Act 1999.
• Notices. We will send notices to the email on your account; you should send them to ben@hamburgerlabs.com.

19. Governing law

This agreement, and any dispute arising out of it, is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident elsewhere in the UK, you may bring proceedings in your local courts, and you keep the benefit of any mandatory protections of your local law.

20. Contact

Legal notices: ben@hamburgerlabs.com
Support: ben@hamburgerlabs.com
Post: HAMBURGERLABS LIMITED, 5 Temple Road, Croydon, England, CR0 1HU