PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE
This website is owned and operated by HUGOFOX LTD (03851491 - Incorporated on 30 September 1999 in England and Wales) based at 51 Evingar Road, Whitchurch, Hampshire, RG28 7EU, United Kingdom.
These Terms and Conditions ("Terms") cover your use of and access to the sites, templates, products, applications, tools, and features (collectively, the "Services") provided by HugoFox Ltd. Our Privacy Policy explains what personal information we collect and how it’s used and shared, and our Acceptable Use Policy outlines some of your responsibilities when using the Services.
By using or accessing the Services, you're agreeing to these Terms, our Privacy Policy, and our Acceptable Use Policy (collectively, this “Agreement”). If you're using the Services for an organisation, you are agreeing to this Agreement on behalf of that organisation and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.
Please read this Agreement carefully. It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, and resolution of disputes.
1.1 Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. We may need to use this information to contact you. You must be at least 18 years of age to use HugoFox.
1.2 Security. Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft, or unauthorized use of your Account or password. You are solely responsible for any activity on your Account. We are not liable for any acts or omissions by you in connection with your Account.
2.1 Your User Content Stays Yours. When you provide User Content via the Services, you grant HugoFox a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations, or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform, and distribute User Content for the limited purposes of allowing us to provide, improve, promote, and protect the Services.
2.2 Your License To Us. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code, and any other materials (“User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote, and protect the Services as described herein.
2.3 Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of HugoFox marketing and promotional activities. This activity can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don't want Your Sites featured, you can opt out at any time via the Services or by contacting Customer Support.
3.1 Your User Content Stays Yours. When you provide User Content via the Services, you grant HugoFox a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations, or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform, and distribute User Content for the limited purposes of allowing us to provide, improve, promote, and protect the Services.
3.2 Follow Our Rules. You're responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We’re not responsible for User Content.
3.3 Follow The Law. You represent that your use of the Services is not contrary to United Kingdom (or other relevant local) law.
3.4 Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.
3.5 Your Sites And Your End Users Are Your Responsibility. You may use the Services to create or publish sites, online stores, and other products or services (“Your Sites”), and Your Sites may have their own visitors and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own Privacy Policy. We are not liable for, and are unable to provide you with any legal advice regarding Your Sites or your End Users.
4.1 Third Party Services. The Services may be integrated with various third-party services, applications, and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove any Third Party Services. We’re not liable to you for any such suspension, disabling, or removal, including without limitation for any loss of profits, revenue, data, goodwill, or other intangible losses you may experience as a result thereof (except where prohibited by law).
Terms and Conditions for HugoFox Ltd
1. Creating An Account
1.1 Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. We may need to use this information to contact you. You must be at least 18 years of age to use HugoFox.
1.2 Security. Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft, or unauthorized use of your Account or password. You are solely responsible for any activity on your Account. We are not liable for any acts or omissions by you in connection with your Account.
2. Your Content
2.1 Your User Content Stays Yours. When you provide User Content via the Services, you grant HugoFox a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations, or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform, and distribute User Content for the limited purposes of allowing us to provide, improve, promote, and protect the Services.
2.2 Your License To Us. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code, and any other materials (“User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote, and protect the Services as described herein.
2.3 Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of HugoFox marketing and promotional activities. This activity can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don't want Your Sites featured, you can opt-out at any time via the Services or by contacting Customer Support.
3. Your Responsibilities
3.1 Your User Content Stays Yours. When you provide User Content via the Services, you grant HugoFox a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote, and protect the Services.
3.2 Follow Our Rules. You're responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We’re not responsible for User Content.
3.3 Follow The Law. You represent that your use of the Services is not contrary to United Kingdom (or other relevant local) law.
3.4 Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.
3.5 Your Sites And Your End Users Are Your Responsibility. You may use the Services to create or publish sites, online stores and other products or services (“Your Sites”), and Your Sites may have their own visitors and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own Privacy Policy. We are not liable for, and are unable to provide you with any legal advice regarding Your Sites or your End Users.
4. Third Party Services And Sites, User Content And HugoFox Specialists
4.1 Third Party Services. The Services may be integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
4.2 Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
4.3 User Content. We haven’t reviewed and can’t review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful, or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published, or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.
5. Our Intellectual Property
5.1 HugoFox owns HugoFox. The Services are protected by copyright, trademark, and other UK and foreign laws. These Terms don't grant you any right, title, or interest in the Services, our trademarks, logos, or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate, or otherwise create derivative works of the Services.
5.2 We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
5.3 Our Demo Content Is For Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).
5.4 Beta Stage. We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.
5.5 We Use Open Source Software. Open source software is important to us. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.
6. Our Rights
6.1 Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6.2 How We Handle Ownership Disputes Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice, or a business license, to help determine the rightful owner.
6.3 HTTPS Encryption We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
7. Privacy
Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.
8. Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
9. Paid Services And Fees
9.1 Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, "Paid Services"). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement.
The subscription model term is a monthly recurring periodic subscription for an indefinite time until cancelled by you. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation.
If you wish to cancel your monthly subscription with us, you must cancel 7 days before your next payment is due to be collected, in order to avoid receiving the following months’ subscription cost.
We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services or by contacting Customer Support. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
9.2 Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services or by contacting Customer Support.
9.3 Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required.
9.4 Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
9.5 Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Support before filing a Chargeback. We reserve our right to dispute any Chargeback.
9.6 Our Payment Processors. We use third party payment processors (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the relevant Payment Processor, in addition to this Agreement. Our current Payment Processors are GoCardless and Sage Pay, and your payments are processed by them in accordance with their Terms and conditions and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
9.7 Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We don’t offer refunds for purchases of Third Party Services.
10.1 eCommerce Responsibilities. The Services may include features that enable you to sell products or collect payments from your End Users. We are not liable for your eCommerce. You are solely responsible for your eCommerce and compliance with applicable laws.
10.1.1 Taxes. You are responsible for all taxes, fees, and reporting obligations related to your eCommerce.
10.1.2 Fulfillment and Delivery. You are responsible for fulfilling and delivering products to your End Users.
10.1.3 Claims and Warranties. You are responsible for any claims or warranties made in connection with your eCommerce.
10.1.4 Customer Service. You are responsible for handling any comments or complaints, including those related to payments and refunds.
10.1.5 Site Terms, Policies, and Legal Compliance. You must not sell products that are deemed hazardous, stolen, or fail to comply with laws or regulations.
10.2 eCommerce Restrictions. You must post a Privacy Policy on Your Sites, and ensure compliance with all applicable laws. We do not provide legal advice.
10.3 eCommerce Suspensions. We may suspend your Account, Your Sites, or your eCommerce at any time without notice, without liability for any loss of profits, data, or goodwill.
10.4 eCommerce Payment Processors. You may use third-party payment processors for your eCommerce. We are not liable for any transactions with or through these processors.
11.1 Reseller Services. We may work with third-party registrars for domain services. You are bound by the registrar's terms and conditions.
11.2 ICANN. Your use of our domain services is subject to ICANN policies, including dispute resolution procedures.
This Agreement will remain in effect until terminated by either party. We may suspend or terminate the Services at our discretion without notice.
The Services are provided "as is" without any warranties. HugoFox disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the Services will be timely, error-free, or free from harmful components.
HugoFox is not liable for any indirect, special, incidental, or consequential damages arising from your use of the Services. The aggregate liability shall not exceed £20 or the amount paid in the last 12 months.
You agree to indemnify HugoFox from damages, losses, and expenses arising from your breach of this Agreement, your eCommerce, and claims from your End Users.
16.1 Dispute Resolution. Before filing a claim, you agree to attempt to resolve disputes by emailing [email protected]. If unresolved after 30 days, either party may initiate formal proceedings.
16.2 Arbitration Agreement. You agree to resolve claims through arbitration.
17.1 Entire Agreement. This Agreement constitutes the entire agreement between you and HugoFox regarding the Services.
17.2 Controlling Law. This Agreement is governed by the laws of England and Wales.
17.3 Waiver, Severability, and Assignment. Failure to enforce any provision is not a waiver. Any unenforceable provision will be substituted with an enforceable term reflecting intent.
17.4 Modifications. We may modify this Agreement and will post the most current version on our site. Continued use of the Services indicates your agreement to the modifications.
Last revised on: 7 February 2018
