Terms of Service
This is a draft. These terms are still being reviewed by counsel and may change before Hickory opens more widely. Items marked TBD are not decided yet. Questions are welcome at support@heyhickory.com.
Please read these terms carefully. They include a binding arbitration agreement and class action waiver in section 14, which affect how disputes are resolved. You can opt out of arbitration within 30 days, as explained there.
1. Agreement
These Terms of Service ("Terms") are an agreement between you and Hickory Labs LLC, a Virginia limited liability company based in Charlottesville, Virginia ("Hickory Labs", "we", "us"). They cover Hickory, our personal AI assistant, including the heyhickory.com website, the Hickory apps and web app, messaging channels such as text messages, and related services (the "Services"). By using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you don't agree, don't use the Services. If you use Hickory for a business, you agree to these Terms on its behalf and confirm you're authorized to do so.
2. Who can use Hickory
You must be at least 18 years old and able to form a binding contract to create an account. You may not use the Services if you're barred from doing so under applicable law.
3. Accounts
You may need an account to use some features, and you can sign in with an email address or a provider such as Google or Apple. Give us accurate information and keep it current. You're responsible for keeping your sign-in methods secure and for activity on your account. Tell us right away at support@heyhickory.com if you think someone else has accessed it.
4. How Hickory works
Hickory uses AI models from third-party providers, currently Anthropic, to understand what you send ("Input") and produce responses ("Output"). AI makes mistakes. Output may be inaccurate, incomplete, out of date or not right for your situation, and different people may get similar Output. Check Output before relying on it, especially for anything important.
Hickory can help you understand and prepare for questions about health, law, money and similar topics, but it is not a doctor, lawyer, financial advisor or other professional, and it doesn't replace one. In an emergency, contact emergency services, not Hickory.
5. Your content
You keep ownership of your Input, and as between you and us, you own the Output generated for you, to the extent the law allows. You give us a limited license to host, store, process, transmit and display your Input and Output only as needed to provide, secure and support the Services and as described in our Privacy Policy. We do not use your content to train AI models.
You're responsible for your Input. You confirm that you have the rights needed to share it, including any information about other people, and that sharing it doesn't break the law or anyone's rights.
6. Actions and connected services
Hickory may be able to take actions for you, such as adding events to a calendar, drafting or sending messages, or working with services you connect ("Actions"). You authorize Hickory to take the Actions you request or allow, and you're responsible for them as if you took them yourself. Review important Actions, and use the permission settings we provide. We aren't responsible for third-party services you connect; your use of them is governed by their terms, and they may change or stop working with Hickory at any time.
7. Shared Spaces
If you create or join a shared Space, other members can see and use what you add there, and Hickory may use it to help them. Only invite people you trust. The Space owner is responsible for the Space, including who belongs to it and, where it applies, its plan and usage charges.
8. Acceptable use
Don't use the Services to:
- break the law, or help anyone else do so;
- harass, threaten, exploit or harm anyone, including minors, or invade someone's privacy;
- create or spread spam, malware, fraud, or deceptive content, including pretending to be someone else;
- infringe anyone's intellectual property or other rights;
- get around usage limits, plan limits, safety measures or access controls;
- interfere with, probe, overload, scrape, or reverse engineer the Services, except as the law expressly permits;
- use Output to build a competing AI model or service; or
- violate the usage policies of our AI model providers, which apply to content processed through Hickory.
We may remove content, limit features, or suspend or end accounts that break these rules.
9. Plans, billing and limits
Some features may require a paid plan. Prices, what each plan includes, and usage limits (such as daily message caps) will be shown before you buy. Paid plans renew automatically each billing period until you cancel, and you authorize us and our payment processor to charge your payment method on each renewal. You can cancel at any time; cancellation takes effect at the end of the current billing period. Except where required by law, payments are non-refundable. Our refund terms are TBD. We may change prices with advance notice, and a change takes effect at your next renewal. Taxes may apply.
10. Text messaging
If we offer text messaging and you opt in by adding your phone number, you agree to receive text messages from Hickory, including replies to your messages and one-time sign-in codes.
- Program: Hickory personal assistant messages from Hickory Labs LLC.
- Frequency: varies with how you use Hickory. Plans may include a daily message limit, after which Hickory may send one automatic reply explaining the limit.
- Cost: message and data rates may apply. Consent to texts isn't a condition of buying anything.
- Opt out: reply STOP at any time. We'll confirm, and you won't get more texts unless you opt in again.
- Help: reply HELP, or email support@heyhickory.com.
- Carriers aren't liable for delayed or undelivered messages.
- We don't share your mobile number or opt-in information with third parties for their marketing. See our Privacy Policy.
11. Our property and feedback
The Services, including the software, design, and the Hickory name and logos, belong to Hickory Labs and its licensors. We give you a personal, limited, non-exclusive, non-transferable, revocable right to use the Services under these Terms. If you send us ideas or feedback, we may use them without any obligation to you.
12. Early access and changes
Hickory is in early development. Some features may be labeled alpha, beta, preview or coming soon; they're provided as-is, may not work as expected, and may change or be removed. We may change, add or remove features of the Services at any time.
13. Disclaimers, limitation of liability and indemnity
Disclaimers. TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICES, INCLUDING ALL OUTPUT AND ACTIONS, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T PROMISE THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE.
Limitation of liability. TO THE FULLEST EXTENT ALLOWED BY LAW, HICKORY LABS AND ITS MEMBERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WON'T EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US $100 (TBD). SOME JURISDICTIONS DON'T ALLOW THESE LIMITS, SO THEY MAY NOT ALL APPLY TO YOU.
Indemnity. To the extent allowed by law, you'll defend and indemnify Hickory Labs against third-party claims and related costs arising from your content, your misuse of the Services, or your breach of these Terms.
14. Disputes, arbitration and class action waiver
Talk to us first. If you have a dispute with us, email support@heyhickory.com with a description of the issue and what you want. We'll try in good faith to resolve it informally for at least 60 days before either side starts arbitration.
Arbitration. If we can't resolve it, you and Hickory Labs agree that any dispute arising from or related to these Terms or the Services will be resolved by final, binding, individual arbitration, not in court, except as listed below. The Federal Arbitration Act governs this section. Arbitration will be administered by [TBD: AAA under its Consumer Arbitration Rules, or JAMS] before a single arbitrator, and may be held by video or in Charlottesville, Virginia. Fees will be allocated as the provider's consumer rules require.
Exceptions. Either side may bring an individual claim in small claims court, and either side may ask a court for an injunction to protect intellectual property or stop misuse of the Services.
Class action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not combine claims of more than one person. If this waiver is found unenforceable for a claim, that claim will go to court, not arbitration.
Opt out. You can opt out of this arbitration agreement by emailing support@heyhickory.com within 30 days after you first accept these Terms, with your name, the email on your account and a statement that you opt out of arbitration. Opting out doesn't affect the rest of these Terms.
15. Governing law and venue
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs section 14. For any matter not subject to arbitration, you and Hickory Labs agree to the exclusive jurisdiction of the state and federal courts located in or serving Charlottesville, Virginia.
16. Ending these terms
You can stop using the Services and delete your account at any time. We may suspend or end your access if you break these Terms, if we must for legal reasons, or if we stop offering the Services, and we'll give notice where reasonable. Sections that by their nature should survive, including content licenses needed to wind down, disclaimers, limitation of liability, indemnity and dispute terms, survive termination.
17. Apple App Store terms
If you download a Hickory app from Apple's App Store, these Terms are between you and Hickory Labs, not Apple. Apple has no obligation to provide maintenance or support for the app and, to the extent allowed by law, no warranty obligation for it. Hickory Labs, not Apple, is responsible for addressing claims relating to the app, including product liability, legal or regulatory compliance, consumer protection and intellectual property claims. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of the app must also comply with the App Store's usage rules.
18. General
We may update these Terms. We'll change the date at the top and, for material changes, give reasonable notice before they take effect; continuing to use the Services after that means you accept the new Terms. These Terms and the Privacy Policy are the entire agreement between you and us about the Services. If any part is unenforceable, the rest stays in effect. Our not enforcing a provision isn't a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. You agree to comply with applicable export and sanctions laws.
19. Contact
Hickory Labs LLC
Charlottesville, Virginia, USA
Mailing address: TBD
support@heyhickory.com