Terms of Service

1. Agreement to Terms

These Terms of Service (the "Terms") are a binding agreement between you and Hi Violet. By accessing or using any of the Services, you accept these Terms. If you do not agree, do not access or use the Services.

If you use the Services on behalf of a company or other organization, you accept these Terms on its behalf, and "you" includes that organization.

Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, and share personal information.

Section 20 requires most disputes to be resolved by binding individual arbitration and waives class actions and jury trials. Please read it carefully.

2. Operator, Definitions, and Eligibility

"Hi Violet," "we," "us," and "our" refer to Hi Violet, the business operated by 6633 Digital Mining LLC. For legal notices or mailing details, contact hi@hiviolet.ai.

In these Terms:

• The "Agency Services" are the growth marketing services we perform for clients under a signed agreement or statement of work (a "client agreement")
• The "Software" is Hi Violet's self-serve software, which you sign in to and use yourself
• The "Site" is our website, including its contact, booking, and access request forms and its research, data, and Signals pages
• The "Services" means the Agency Services, the Software, and the Site together

You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. The Agency Services and the Software are intended for business and professional use.

3. Description of the Services

Hi Violet is a growth marketing agency for AI, gaming, and Web3 companies. Through the Agency Services we plan and run growth marketing work for clients, such as paid ads, search, social, community, and conversion work, as scoped in each client agreement.

The Software is an AI-assisted tool for planning and producing marketing content. Its features may include prompt-based video template and storyboard generation, trend research, reference URL analysis, project editing, clip management, and media rendering/export. Access to the Software may require approval from us, which we may grant or withhold at our discretion.

We may change, add, or remove features of the Services, or discontinue any part of them, at any time, with or without notice, and without liability to you.

4. Site Content, Inquiries, and Agency Engagements

Content on the Site, including service descriptions, prices, packages, timelines, examples, case studies, research, and figures, is provided for general information only. It is not an offer, a quote, or a commitment to provide any service on any terms. Prices and service descriptions may change at any time without notice.

Submitting a form, booking a call, or otherwise contacting us does not create a client engagement, a contract, or any obligation for either of us, and does not grant access to the Software. It also does not create any duty of confidentiality on our part. Do not send us confidential information through the Site unless we have first signed a confidentiality agreement with you.

We may decline any inquiry, engagement, or access request for any reason or no reason.

Each Agency Services engagement is governed by a signed client agreement. The client agreement governs the scope, deliverables, fees, and term and termination of the engagement, the ownership and use of client accounts, data, and work product, and any other matter these Terms expressly leave to it. On those points only, the client agreement controls if it conflicts with these Terms. These Terms govern everything else, including a client's use of the Site and the Software.

5. No Guarantee of Results

Marketing results depend on factors outside our control, including search engines, AI assistants, ad platforms, app stores, social networks, online communities, competitors, market conditions, and the client's own product, pricing, and execution. We do not guarantee any particular outcome from the Services, including search rankings, traffic, citations or mentions in AI answers, ad approvals, ad performance, return on ad spend, leads, conversions, revenue, growth, or how a community or audience responds.

Figures, benchmarks, forecasts, examples, and results described on the Site, in proposals, or in our communications are illustrative. They are not promises or predictions of what you will achieve, and past results do not guarantee future results.

6. Your Responsibilities and Warranties

You represent, warrant, and agree that:

• You have the rights, authority, and any consents needed to give us access to the accounts, tools, data, and materials you provide, and to instruct us to use them
• The information and materials you provide are accurate, complete, and not misleading, including any claims about your products and services
• You own or have the rights to all content, trademarks, and other materials you provide, and our use of them as you instruct will not infringe or violate anyone's rights
• You will comply with all laws and regulations that apply to you, your business, and your use of the Services, including advertising, consumer protection, privacy, and marketing communication laws, and any rules that apply to regulated categories such as healthcare, pharmaceuticals, financial products, gambling, and age-restricted products
• You are responsible for reviewing and approving content, claims, and campaigns made for you or with the Services before they are published or run, and for their legal and regulatory compliance

7. Software Accounts and Security

You sign in to the Software using Google OAuth via Firebase Authentication. You agree to provide accurate information and keep your account credentials and devices secure. You are responsible for all activity that occurs under your account, and we are not liable for any loss caused by unauthorized use of your account.

8. User Content and License

You retain ownership of content you submit, upload, or create in the Software or submit through the Site ("User Content"). You grant Hi Violet a limited, non-exclusive, worldwide license to host, process, store, reproduce, and display User Content solely as necessary to operate, secure, and improve the Services.

You represent that you have all rights needed to submit User Content and to instruct Hi Violet to process it. You are solely responsible for your User Content. We have no obligation to monitor, store, or back up User Content, and we may remove any User Content at our discretion. Keep your own copies of anything you need.

9. AI-Generated Content and No Professional Advice

The Software may generate content using AI systems, including third-party models. AI output may be inaccurate, incomplete, non-unique, or unsuitable for your use case, and similar output may be generated for others. You are responsible for reviewing output before use, including legal, factual, and brand-safety review. We make no warranty about AI output, and you use it at your own risk.

Nothing on the Site or in the Services, including our research, field notes, ecosystem and Signals pages, data, and AI output, is legal, medical, financial, investment, tax, or other professional advice. Site content may be incomplete or out of date, and we have no obligation to update it. Do not rely on it in place of advice from a qualified professional.

10. Reference URLs and Third-Party Content

If you provide a reference URL or social media profile link, Hi Violet may use automated tools to visit and extract visible, publicly available content from that page or profile. You are responsible for ensuring your use of referenced URLs and third-party content complies with applicable law and contractual restrictions.

We are not responsible for third-party websites, content, or services.

11. Storage and Accessibility of Media

Media files in the Software are stored using third-party infrastructure. Uploaded clips, generated previews, or exported media may be delivered using direct CDN/object URLs and may be accessible to anyone who has the URL. Treat media uploaded to the Software as potentially shareable by link and do not upload highly sensitive material unless this model meets your requirements.

12. Acceptable Use

You agree not to:

• Use the Services for illegal, fraudulent, or deceptive activity
• Upload or generate content that violates intellectual property, privacy, or other rights
• Attempt to bypass authentication, authorization, bot protection, or other security controls
• Probe, scan, disrupt, or overload the Services or third-party systems
• Use automated access methods against the Services without our written permission
• Abuse reference URL tooling to harm third-party sites or systems
• Submit spam or false information through the Site's forms
• Copy, modify, reverse engineer, resell, or create derivative works of the Software, except as applicable law expressly permits

We may investigate any suspected violation and take any action we consider appropriate.

13. Third-Party Platforms and Services

The Services involve third-party platforms such as Google, Meta, Reddit, TikTok, YouTube, OpenAI, and app stores. Those platforms control their own policies, algorithms, ranking and recommendation systems, ad reviews and approvals, account reviews, restrictions, and suspensions, and they can change them at any time. We do not control them and are not responsible for their actions or decisions, policy changes, outages, or data or reporting errors, or for any rejection, restriction, suspension, or termination of your ads, content, or accounts.

You are responsible for your accounts on third-party platforms and for their compliance with each platform's policies and with the laws that apply to your business, including laws for regulated categories.

The Services also depend on third-party providers (for example, cloud infrastructure, authentication, payments, email delivery, and AI processing). Third-party services are governed by their own terms and policies. To the maximum extent permitted by law, we are not responsible for third-party services or for issues they cause.

14. Intellectual Property

The Services and everything we make available through them, including the Site and its content, our research, data, and analysis, the Software, and our methods, processes, frameworks, templates, tools, and know-how (together, "Hi Violet Materials"), are owned by Hi Violet or its licensors. Hi Violet Materials remain ours, including when we use them to deliver Agency Services, except to the extent a signed client agreement expressly provides otherwise. No license or other right is granted to you except as expressly set out in these Terms or a signed client agreement, and we reserve all other rights.

You may view the Site, share links to it, and quote brief excerpts of our research with attribution and a link to the source page. Any other copying, republication, or reuse of Site content requires our written permission. You may not use the Hi Violet name, logos, or other trademarks without our written permission.

15. Feedback

If you provide feedback, ideas, or suggestions, you grant us a non-exclusive, worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable, and sublicensable license to use, modify, and exploit that feedback for any purpose without restriction, attribution, or compensation. We have no obligation to use feedback or to keep it confidential.

16. Suspension and Termination

We may suspend, restrict, or terminate your access to all or any part of the Software or the Site, or remove any content, at any time, at our sole discretion, for any reason or no reason, with or without notice. Any notice or opportunity to address an issue is at our sole discretion. We are not liable to you or anyone else for any suspension or termination. Termination of an Agency Services engagement is governed by the client agreement. Refunds after suspension or termination are governed by Section 21.

You may stop using the Services at any time. The following survive any termination: ownership and license terms, feedback, no guarantee of results, disclaimers, limitation of liability, indemnification, dispute resolution, payment obligations that arose before termination, general terms, and any other provision that by its nature should survive.

17. Disclaimers

18. Limitation of Liability

19. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Hi Violet Parties from and against all claims, demands, actions, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your access to or use of the Services
• Your User Content and any materials, data, or instructions you provide
• Your products and services, and the advertising and marketing claims made about them
• Your accounts on third-party platforms, and any violation of a platform's policies
• Your violation of these Terms, any law or regulation, or any third party's rights
• Any dispute between you and a third party

We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate with our defense. You may not settle any such matter without our prior written consent.

20. Dispute Resolution, Arbitration, and Governing Law

Informal Resolution. Before starting any arbitration or court proceeding, you agree to first contact us at hi@hiviolet.ai with a description of the dispute and give us at least 30 days to try to resolve it informally.

Governing Law. These Terms, and any dispute arising out of or related to them or the Services, are governed by the laws of the State of Florida, excluding conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in this Section.

Binding Arbitration. Except for the claims excluded below, any dispute, claim, or controversy between you and Hi Violet arising out of or related to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect when the arbitration is filed, before a single arbitrator. The seat of arbitration is the State of Florida. Arbitration fees and costs are allocated as the AAA rules provide. The arbitrator has exclusive authority to decide questions about the interpretation, applicability, scope, and enforceability of this arbitration agreement, except that a court decides questions about the class action waiver below. Judgment on the award may be entered in any court of competent jurisdiction.

Exclusions. Either party may (a) bring an individual claim in small claims court if the claim qualifies and remains there, and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights or to stop unauthorized access to or use of the Services.

Class Action and Jury Trial Waiver. You and Hi Violet may each bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. For any claim that proceeds in court, you and Hi Violet each waive any right to a jury trial. If the class action waiver is found unenforceable as to a claim, that claim will be severed and heard in court, and the rest of this Section continues to apply.

Venue. Unless otherwise required by applicable law, exclusive jurisdiction and venue for any claim that is not subject to arbitration will be in the state or federal courts located in Florida, and each party consents to personal jurisdiction in those courts.

Time Limit for Claims. To the extent permitted by law, any claim arising out of or related to these Terms or the Services must be brought within one year after it arises, or it is permanently barred.

21. Software Billing, Cancellations, and Refunds

Some features of the Software may require a paid subscription or one-time purchase. By purchasing, you authorize us (or our payment processor) to charge the listed price, applicable taxes, and any recurring fees disclosed at checkout. Fees for Agency Services are set out in the client agreement and are not covered by this section.

We may change Software prices at any time. A price change for an existing subscription takes effect at a later renewal, and we will give any notice of it that applicable law requires.

Subscription Renewals and Cancellation. Subscriptions renew automatically at the end of each billing period unless canceled before renewal. You can cancel from account settings when self-service billing is available, or by contacting hi@hiviolet.ai if billing is managed manually. Cancellation stops future renewals and does not retroactively cancel charges already processed.

Refund Eligibility. Refunds are available under the following schedule. Outside this schedule, and except where required by applicable law, any refund, partial refund, or credit is at our sole discretion.

• First-time subscription purchase: full refund if requested within 14 calendar days of the initial charge
• Renewal charges: full refund if requested within 7 calendar days of the renewal charge
• Annual plans: non-refundable after 14 calendar days from purchase, except where required by law
• One-time purchases: non-refundable once delivered, except where required by law

Non-Refundable Cases. Except where required by law, refunds are not available for:

• Requests submitted after the applicable refund window
• Accounts suspended or terminated for violation of these Terms
• Abuse, fraud, chargeback misuse, or repeated refund abuse
• Taxes or third-party fees that are non-refundable to us

How to Request a Refund. Send a request to hi@hiviolet.ai with your account email, date and amount of charge, last 4 digits of payment method (if available), and reason for request. We aim to respond within 5 business days. Approved refunds are returned to the original payment method and may take 5-10 business days to appear, depending on your bank or card issuer.

Chargebacks. Please contact us before filing a chargeback so we can resolve billing issues quickly. Fraudulent or abusive chargebacks may result in account suspension or termination.

Consumer Rights. Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws.

22. Changes to Terms

We may update these Terms at any time by posting the updated version on this page. The effective date at the top of the page shows when they last changed, and updated Terms take effect when posted unless they say otherwise. Your continued use of the Services after an update means you accept the updated Terms. Any additional notice of changes is at our discretion. If you do not agree to the updated Terms, stop using the Services.

23. General Terms

Entire Agreement. These Terms, the Privacy Policy, and, for Agency Services, the client agreement are the entire agreement between you and Hi Violet about the Services and supersede any prior or contemporaneous understandings on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions stay in full effect, except as Section 20 provides for the class action waiver.

No Waiver. Our failure or delay in enforcing any right or provision is not a waiver of it. A waiver is effective only if it is in writing and signed by us.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without restriction and without notice.

Force Majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, internet or utility failures, cyberattacks, and outages, failures, or policy changes of third-party platforms and providers.

No Third-Party Beneficiaries. These Terms do not give any rights to any third party, except that the Hi Violet Parties may rely on and enforce the Limitation of Liability and Indemnification sections.

Relationship. You and Hi Violet are independent parties. These Terms do not create a partnership, joint venture, employment, agency, or fiduciary relationship.

Headings and Interpretation. Headings are for convenience only and do not affect how these Terms are interpreted. "Including" means "including without limitation."

Electronic Communications and Notices. You consent to receive communications from us electronically, and electronic communications satisfy any legal requirement that a communication be in writing. We may give you notice by email to the address associated with your account or that you provided to us, or by posting it on the Site, and notice is effective when sent or posted. Legal notices to us must be sent to hi@hiviolet.ai.

24. Contact

For questions about these terms, contact us at hi@hiviolet.ai.