Legal / Terms

HatchAnalytics® Terms and Conditions

These Terms and Conditions (the “Terms”) govern access to and use of the HatchAnalytics® hosted analytics platform, dashboards, integrations, reports, recommendations, and related services. These Terms form a binding agreement between Hatch Analytics, LLC, a Delaware limited liability company (“Hatch Analytics,” “we,” “us,” or “our”), and the Customer.

By checking the acceptance box or otherwise affirmatively accepting these Terms, you agree to be bound by them. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity. If you do not have such authority, you must not accept these Terms or use the Service on its behalf.

1. Definitions

“Authorized User” means an employee, contractor, advisor, service provider, or other person whom Customer authorizes to access the Service through Customer’s account.

“Beta Features” means preview, pilot, evaluation, experimental, or beta features that may contain errors, may be modified or discontinued at any time, are provided “as is,” and are excluded from service-level commitments unless expressly stated otherwise.

“Customer,” “you,” and “your” mean the individual accepting these Terms or, if that individual accepts these Terms on behalf of a company or other legal entity, that entity.

“Customer Data” means data, files, content, credentials, configurations, instructions, and other information submitted, uploaded, connected, or otherwise provided by or for Customer through the Service, excluding Provider Data.

“Fees” means the subscription fees and other charges payable by Customer under an Order.

“Order” means an online subscription selection, checkout page, order form, or other ordering document accepted by Customer that identifies the Subscription, Fees, usage limits, or additional terms.

“Output” means dashboards, visualizations, reports, analyses, forecasts, summaries, recommendations, exports, and other results generated through the Service.

“Provider Data” means data obtained from a retailer, advertising platform, marketplace, data provider, application, API, or other third-party source and may be subject to restrictions imposed by its source.

“Service” means the HatchAnalytics® hosted application, dashboards, integrations, analytics, APIs, and related functionality made available to Customer.

“Service Intelligence” means generalized methods, algorithms, models, rules, patterns, workflows, configurations, statistical learnings, recommendations, and know-how developed or refined through operation of the Service. Service Intelligence excludes raw Customer Data, raw Provider Data, and information that identifies Customer or permits Customer-specific data to be reasonably reconstructed.

“Subscription” means Customer’s right to access the Service under the plan and billing period identified in the applicable Order.

2. Service, Accounts, and Authorized Users

Access and Accounts. Subject to Customer’s payment of Fees and compliance with these Terms, Hatch Analytics grants Customer a limited, non-exclusive, non-transferable, and non-sublicensable right during the Subscription to use the Service for its internal business purposes. Customer is responsible for its account, credentials, Authorized Users, account settings, and activity conducted through its account. Customer will protect its credentials, promptly remove users who are no longer authorized, and notify Hatch Analytics of suspected unauthorized access. Individual login credentials may not be shared.

Corporate affiliation, common ownership, or another business relationship with Hatch Analytics does not independently authorize access to Customer’s account or data.

Self-Service Product. The Service is primarily a self-service software product. Consulting, managed analytics, custom development, manual report preparation, and other professional services are not included unless stated in an Order or separate agreement. Services provided by an affiliate or third party are governed by a separate agreement.

Usage Limits. Use of the Service may be subject to account, user, concurrent-user, API, data-refresh, export, storage, dashboard, processing, or other limits identified in the applicable Order.

Customer will not circumvent or exceed applicable limits. Hatch Analytics may reasonably enforce those limits or require Customer to purchase additional capacity.

Service Modifications. Hatch Analytics may update or modify the Service. Hatch Analytics will not materially reduce the core functionality included in Customer’s paid Subscription during the current billing period, except where reasonably necessary for security, legal compliance, provider requirements, or changes to third-party services.

3. Customer Responsibilities and Restrictions

Compliance and Authorizations. Customer will use the Service only in compliance with applicable law, these Terms, and any requirements applicable to data or third-party services connected to the Service. Customer is responsible for maintaining all subscriptions, credentials, permissions, licenses, consents, and authorizations required for Hatch Analytics to access and process Customer Data and Provider Data as directed by Customer.

Prohibited Use. Customer will not access or attempt to access another customer’s account, data, credentials, or Output; share individual login credentials; circumvent security controls or Subscription limits; reverse engineer or attempt to derive the source code or underlying structure of the Service, except where such a restriction is prohibited by law; interfere with or disrupt the Service; introduce malicious code; conduct unauthorized security or vulnerability testing; systematically extract data except through functionality provided or approved by Hatch Analytics; use the Service to build or assist in building a competing product or service; or use the Service in violation of any third-party right, agreement, restriction.

Customer Data, Users, and Permissions. Customer is responsible for the accuracy, quality, legality, and appropriateness of Customer Data and for the acts and omissions of its Authorized Users. Customer will promptly notify Hatch Analytics if any authorization, credential, subscription, or permission required for the Service is modified, suspended, restricted, revoked, or terminated.

4. Data, Output, and Service Intelligence

Data Rights and Processing. As between the parties, Customer retains its rights in Customer Data, and Provider Data remains subject to restrictions imposed by its source. Customer authorizes Hatch Analytics to host, copy, organize, combine, transform, process, analyze, transmit, and display Customer Data and Provider Data as reasonably necessary to provide, operate, secure, support, develop, and improve the Service; generate Output; follow Customer’s instructions; and exercise Hatch Analytics’ rights under these Terms, to the extent Customer is authorized to permit that processing. Hatch Analytics may process data in shared infrastructure using logical tenant separation and access controls. Customer and its Authorized Users may access only Customer’s authorized data and Output.

Hatch Analytics will not disclose Customer-identifiable Provider Data to another customer or third party except as permitted under Section 8 or where otherwise authorized by Customer and permitted by the applicable data source.

Aggregated Information and Service Intelligence. To the extent permitted by applicable law and restrictions governing Provider Data, Hatch Analytics may create and use aggregated, de-identified, statistical, and generalized information to identify patterns and performance drivers; develop models, benchmarks, methodologies, and recommendations; create Service Intelligence; and operate, evaluate, develop, and improve the Service. Such information will not identify Customer, disclose Customer-specific Provider Data, or permit Customer’s underlying Provider Data or identifiable performance to be reasonably reconstructed. Hatch Analytics may use Service Intelligence for Customer and other customers but will not sell, license, or disclose raw or customer-identifiable pooled Provider Data.

Output. Output may reflect Service Intelligence. Customer may use Output for its internal business purposes and share it with employees, advisors, service providers, and other persons acting for Customer, subject to restrictions applicable to the underlying Provider Data. Customer receives no ownership interest in Hatch Analytics’ underlying methods, models, technology, or Service Intelligence.

Hatch Analytics may use automated analytics, machine learning, and artificial-intelligence functionality in providing and improving the Service, subject to applicable law and restrictions governing the applicable data.

5. Provider Data and Third-Party Services

Access to Provider Data. Customer authorizes Hatch Analytics to use credentials, tokens, permissions, APIs, feeds, and other connection methods provided or approved by Customer to access and process Provider Data for the Service.

Third-Party Dependencies. The Service may rely on third-party providers, including hosting, infrastructure, authentication, payment, integration, and data providers. Hatch Analytics may change those providers from time to time. Provider Data and third-party services may be modified, delayed, restricted, suspended, corrected, restated, or discontinued. Hatch Analytics does not control or guarantee their availability, accuracy, completeness, continuity, timeliness, format, content, or continued accessibility. Hatch Analytics may modify, restrict, suspend, or discontinue affected functionality where reasonably necessary to comply with applicable law or provider requirements, address a loss or restriction of authorization, or respond to changes in third-party services. Such action will not constitute a breach of these Terms.

Hatch Analytics is not required to independently verify, validate, correct, reconcile, or resolve errors, omissions, discrepancies, delays, or interruptions in Provider Data.

6. Fees, Renewal, and Cancellation

Fees and Payment. Customer will pay the Fees shown at checkout or in the applicable Order. Unless otherwise stated in an Order, Fees are billed in advance, exclude applicable taxes, and are non-refundable except as required by law or expressly stated in these Terms. Customer authorizes Hatch Analytics or its payment processor to charge the selected payment method for recurring Fees and applicable taxes. If payment fails, Hatch Analytics may retry the charge and restrict or suspend access until amounts due are paid.

Renewal and Fee Changes. The Subscription automatically renews for successive billing periods until cancelled. Hatch Analytics may change Fees on at least 30 days’ advance notice, effective at a subsequent renewal.

Cancellation. Customer may cancel through its account or billing settings. Cancellation prevents future renewals and takes effect at the end of the current paid billing period. No prorated refund will be issued unless required by law.

7. Support and Service Levels

Support and Service Levels. Standard support is provided through the support method identified in the Service. Current service-level information is available in the HatchAnalytics® Service Level Agreement (the “SLA”) published on the HatchAnalytics website, which is informational and is not part of these Terms unless expressly incorporated into an Order. Unless stated in an Order, support excludes consulting, data interpretation, custom development, manual report preparation, source-data correction, and management of third-party accounts or permissions.

8. Security, Privacy, and Confidentiality

Security and Privacy. Hatch Analytics will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data and Provider Data against unauthorized access, use, alteration, or disclosure. Hatch Analytics’ handling of personal information is described in its Privacy Policy. To the extent Hatch Analytics processes personal data on Customer’s behalf, the HatchAnalytics® Data Processing Addendum (the “DPA”) available on the HatchAnalytics website is incorporated into these Terms and applies to that processing. Hatch Analytics will provide notice of a confirmed security incident affecting Customer Data or Provider Data as required by applicable law or the DPA.

Confidentiality. Each party will use the other party’s non-public information only to perform its obligations or exercise its rights under these Terms, protect it using at least reasonable care, and disclose it only to persons who need the information and are subject to confidentiality obligations. These obligations do not apply to information that is publicly available without breach, lawfully known without restriction, independently developed, or lawfully received from another source.

A party may disclose confidential information where required by law after providing notice where legally permitted. These obligations survive for five years after termination, except that trade secrets remain protected while they qualify as trade secrets under applicable law.

9. Suspension, Termination, and Data Deletion

Suspension. Hatch Analytics may restrict or suspend access for nonpayment, suspected unauthorized or unlawful use, a material security risk, loss or restriction of a required authorization, violation of provider requirements, or material breach of these Terms. Hatch Analytics will provide notice and an opportunity to resolve the issue where reasonably practicable but may act immediately where delay could create material risk.

Termination. Customer may terminate by cancelling the Subscription under Section 6. Hatch Analytics may terminate for a material breach not cured within 10 days after notice or immediately for fraud, unlawful activity, intentional misuse, a material security threat, repeated nonpayment, loss of a required authorization, an incurable breach, or discontinuation of the Service.

Discontinuation Refund. If Hatch Analytics discontinues substantially all material functionality before the end of a prepaid period, Hatch Analytics will refund prepaid Fees for the unused period unless the discontinuation results from Customer’s breach, failure to maintain required authorization, or a provider restriction applying specifically to Customer.

Data Following Termination. Customer is responsible for exporting Customer Data and Output before termination. Hatch Analytics may retain Customer Data for up to 60 days but does not guarantee post-termination access and may thereafter delete it. Backups may persist until overwritten in the ordinary course, and Provider Data may be deleted sooner where required by its source. Hatch Analytics may retain records reasonably necessary for billing, security, fraud prevention, legal compliance, and dispute resolution.

10. Intellectual Property and Feedback

Ownership. Hatch Analytics and its licensors own the Service, software, interfaces, workflows, templates, methodologies, algorithms, models, technology, Service Intelligence, and related improvements. Except for the rights expressly granted in these Terms, Customer receives no rights in the foregoing. Hatch Analytics’ ownership does not include raw Customer Data or raw Provider Data.

Feedback. Hatch Analytics may use feedback without restriction or payment, provided it does not publicly identify Customer as the source without permission.

Customer Identification. Customer grants Hatch Analytics a limited, non-exclusive, royalty-free, revocable license during the Subscription to use Customer’s name, trade names, trademarks, logos, and approved brand assets on the HatchAnalytics website, customer lists, pitch materials, presentations, advertising, and promotional materials solely to identify Customer as a customer or user of the Service. Hatch Analytics will use the marks professionally and in accordance with reasonable brand guidelines and will not imply an endorsement, partnership, agency relationship, or affiliation beyond Customer’s use of the Service.

Approval and Revocation. Hatch Analytics will obtain Customer’s prior written approval before publishing a case study, testimonial, attributed quotation, or Customer-identifiable performance information. Customer may revoke the license by written notice, after which Hatch Analytics will cease new uses and remove the marks from digital materials within a commercially reasonable period. Hatch Analytics need not recall materials previously distributed.

11. Beta Features and Disclaimers

Beta Features. Preview, pilot, evaluation, experimental, and beta features may contain errors, may be modified or discontinued at any time, are provided “as is,” and are excluded from service-level commitments unless expressly stated otherwise.

Disclaimers. The Service, Provider Data, Output, recommendations, Beta Features, and third-party functionality are provided “as is” and “as available.” To the fullest extent permitted by law, Hatch Analytics disclaims all express, implied, statutory, and other warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. Hatch Analytics does not warrant that the Service will be uninterrupted, error-free, completely secure, or compatible with every system, or that Provider Data, Output, or recommendations will be accurate, complete, current, or suitable for Customer’s purposes. Customer is responsible for reviewing Output and should not rely on the Service as the sole basis for material business decisions or as a guarantee of results.

12. Limitation of Liability

Excluded Damages. To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or for lost profits, revenue, savings, goodwill, business opportunities, or data, regardless of the legal theory and even if advised that such damages were possible.

Liability Cap. Hatch Analytics’ total aggregate liability arising out of or relating to the Service or these Terms will not exceed the Fees paid or payable by Customer to Hatch Analytics during the 12 months immediately preceding the event giving rise to the claim.

13. Indemnification

Hatch Analytics Indemnification. Hatch Analytics will defend Customer against a third-party claim that Customer’s authorized use of the Service infringes that party’s United States patent, copyright, trademark, or trade secret rights and will indemnify Customer against damages and reasonable costs finally awarded or included in a settlement approved by Hatch Analytics. This obligation does not apply to claims arising from Customer Data, Provider Data, Output, Customer instructions, unauthorized modifications or combinations, use outside these Terms, or continued use after Hatch Analytics provides a substantially equivalent non-infringing alternative. Hatch Analytics may obtain continued usage rights, modify or replace affected functionality, or terminate the affected Subscription and refund unused prepaid Fees. These remedies are Customer’s exclusive remedies for such claims.

Customer Indemnification. Customer will defend and indemnify Hatch Analytics and its officers, directors, employees, and agents against third-party claims arising from Customer Data; Customer’s or an Authorized User’s unlawful, unauthorized, or prohibited use of the Service; Customer’s breach of these Terms or restrictions applicable to connected data; Customer’s lack of authority to access, process, or disclose data; or access granted by Customer to an unauthorized person.

Procedure. The indemnified party will promptly notify the indemnifying party, provide reasonable cooperation at the indemnifying party’s expense, and permit it to control the defense and settlement. No settlement may admit fault by or impose an obligation on the indemnified party without its written consent. This Section is subject to Section 12.

14. Changes and Order of Precedence

Changes. Hatch Analytics may update these Terms from time to time. Material changes will apply at Customer’s next Subscription renewal after reasonable advance notice by email, in-app notification, or another reasonable method. Customer may cancel before that renewal if it does not agree to the changes. Changes required to address applicable law, security, fraud prevention, abuse, or urgent third-party requirements may take effect sooner where reasonably necessary.

Agreement and Precedence. These Terms, the applicable Order, and any incorporated Data Processing Addendum constitute the entire agreement concerning the Service and supersede prior understandings concerning that subject. The Privacy Policy describes Hatch Analytics’ privacy practices. The HatchAnalytics Service Level Agreement published on the HatchAnalytics website is informational and is not part of these Terms unless incorporated into an Order. If an Order conflicts with these Terms, the Order controls only with respect to the specific subject addressed, and the DPA controls with respect to its subject matter. A separate agreement involving an affiliate, Authorized User, provider, or third party does not amend these Terms or bind Hatch Analytics unless Hatch Analytics expressly agrees in writing.

15. General

Governing Law and Venue. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Each party consents to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

Assignment. Neither party may assign these Terms without the other party’s prior written consent, except that either party may assign them without consent to an affiliate or in connection with a merger, reorganization, change of control, or sale of substantially all relevant assets, provided the assignee assumes the assigning party’s obligations.

Force Majeure. Neither party will be liable for a delay or failure to perform caused by circumstances beyond its reasonable control, except with respect to Customer’s payment obligations.

Relationship. The parties are independent contractors, and neither party may bind or act as the agent of the other.

General Effect. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. Provisions that by their nature should survive termination will survive.

Notices. Hatch Analytics may provide operational and contractual notices by email, in-app notification, or posting within the Service. Formal legal notices to Hatch Analytics must be sent to hatchanalytics-legal@hatcherygroup.com.

Support, privacy, security, and other general inquiries may be submitted to hatchanalytics-support@hatcherygroup.com or using the applicable contact information displayed in the Service or on the HatchAnalytics website.