Terms of Service

Definitions

• Account: the personal access to the Services identified by your email address.
• Organization: the workspace that holds your Subscription and Projects. Each Organization has an owner, the person who created it.
• Project: the monitoring configuration for one brand within an Organization: the brand, its competitors, the Prompts and the country in which the Prompts are run.
• Prompt: a question you configure, written the way a user would ask an AI assistant, that Hawkscan submits to the AI Platforms on your behalf.
• AI Platforms: the third-party AI assistants monitored by Hawkscan, currently ChatGPT (OpenAI), Microsoft Copilot (Microsoft), and Gemini and Google AI Mode (Google). Side Labs is not affiliated with, endorsed by or sponsored by any of them; their names are trademarks of their respective owners.
• Results: the answers returned by the AI Platforms to your Prompts, the sources and links they cite, and everything Hawkscan derives from them: brand mentions, visibility scores, rankings, competitor comparisons, cited pages and recommended actions.
• Customer Data: the information you provide to configure and use the Services, such as your brand and competitor names, website addresses, Prompts, categories and Project settings.
• Subscription: the paid plan attached to your Organization (Growth, Pro or Enterprise), billed monthly or annually.
• Order: a Subscription purchase or change confirmed through our checkout or billing portal.

Who can use Hawkscan

Hawkscan is offered exclusively to professionals: companies, agencies, independent professionals and other organizations monitoring their own brand or the brands of their clients, acting within their trade, business or profession. The Services are not intended for consumers, and consumers are not permitted to subscribe. By creating an Account you declare that you use the Services for professional purposes, that you are at least 18 years old and that you have the authority to bind the company or client on whose behalf you use them. If you use the Services on behalf of an Organization, "you" refers to that Organization as well as to yourself.

Your account

You sign in with a one-time link or code sent to your email address; there is no password. You are responsible for keeping access to that mailbox secure and for everything done through your Account. Tell us at [email protected] as soon as you suspect unauthorized access.

Registration information must be accurate and kept up to date. One person may not hold several Accounts to circumvent trial or plan limits. Accounts may not be shared, sold or transferred.

The owner of an Organization manages its Subscription and billing, changes plans and may create and delete Projects.

What the Services do

For each Project, Hawkscan submits your Prompts to the AI Platforms on a recurring schedule, typically once a day, from the country you selected, and records the answers. It then detects mentions of your brand and of your competitors in those answers, identifies the web pages the AI Platforms cite, retrieves and analyzes those pages, and computes visibility metrics and recommended actions. When you create a Project, Hawkscan may also analyze your brand's public website with AI to suggest services, competitors and Prompts, which you can edit before they are used.

Hawkscan observes and reports; it does not influence the AI Platforms, does not modify your website and does not implement recommendations for you. We may improve, add, change or remove features over time. If a change materially reduces what your plan provides, we will notify you at least 30 days in advance and you may terminate your Subscription before it takes effect, with a refund of any prepaid, unused period.

AI Platforms and Results

Third-party content. Results are produced by the AI Platforms, not by Side Labs. AI answers are probabilistic: they may be inaccurate, incomplete, biased or outdated, they change over time without notice, and the same Prompt can produce different answers depending on the day, the country, the phrasing and how the platform is accessed. Results collected by Hawkscan are a snapshot of what an AI Platform returned under the conditions of the run; they may differ from what another user sees.

No guarantee of outcome. Visibility scores, rankings, competitor comparisons and recommended actions are informational tools to support your own judgment. We do not guarantee that any Prompt will be answered, that your brand will be mentioned, that a recommendation will improve your visibility, or any commercial outcome. Decisions you make based on the Results are yours.

Availability of AI Platforms. Access to the AI Platforms depends on those platforms and on the third-party providers we use to query them. When an AI Platform is unavailable, changes its behavior or blocks automated access, some runs may be delayed, incomplete or skipped. We use commercially reasonable efforts to resume monitoring but this does not constitute a breach of these Terms and does not entitle you to a refund or credit, unless the section "Availability" says otherwise.

Use of Results. You may use the Results for the internal business purposes of the brand or client monitored in the Project, including in reports to that client. You may not resell Results as such, republish them as a data feed or use them to build a competing service.

Customer Data

You own your Customer Data. You grant Side Labs a non-exclusive, worldwide licence to host, process, transmit and display Customer Data and Results only as needed to provide, secure and improve the Services, including submitting your Prompts to the AI Platforms and to the providers we use to query them. We do not sell Customer Data and do not share it with other customers.

You are responsible for your Customer Data. You warrant that you have the right to monitor the brands you configure and that your Prompts and settings are lawful and do not infringe the rights of others. You may not use the Services to monitor or target individuals.

We may compile aggregated and anonymized statistics from Customer Data and Results across customers (for example, which categories of sources AI Platforms cite most) to operate and improve the Services and for research or publications. Such statistics never identify you, your Organization, your clients or your Customer Data.

Data export. During your Subscription and during the retention period described below, you may request by email to [email protected] an export of your Customer Data and Results in a commonly used, machine-readable format. We provide it free of charge within 15 days of the request and do not charge switching fees.

Retention and deletion. When your Subscription ends or your Organization drops to the free tier, your Projects and their Results are kept for 90 days so you can export them or resubscribe with everything intact; we send a reminder about 7 days before the end of that period. After 90 days, we permanently delete them. You may also delete Projects yourself at any time. Personal information is handled as described in the Privacy Policy.

Plans, trial and billing

Plans. The available plans, their prices and their limits (number of Projects, number of Prompts, AI Platforms tracked, support level) are described on our pricing page at the time of your Order. Prices are in US dollars and exclude VAT, sales taxes and any other applicable taxes, which are added where required. If you are established in the European Union outside France and provide a valid VAT number at checkout, VAT is handled under the reverse-charge mechanism. You are responsible for all taxes and duties arising from your purchase other than taxes on our income; if the law of your country requires you to withhold any amount from a payment, you will increase the payment so that we receive the full invoiced amount.

Free trial. New customers may start their first Subscription with a 7-day free trial. A payment method is required to start the trial. Unless you cancel before the trial ends, your Subscription starts automatically at the end of the trial and the first period is charged to that payment method. We may limit the trial to one per person or Organization and may withdraw or change the trial offer at any time for future customers.

Recurring billing. Subscriptions are billed in advance, monthly or annually depending on the billing cycle you chose, and renew automatically for successive periods of the same length until cancelled. By subscribing you authorize us and our payment processor, Stripe, to charge your payment method at each renewal. Payments are processed by Stripe under its own terms; we do not store your full card details.

Changing plans. You may upgrade, downgrade or switch billing cycle at any time from the billing portal. The date on which the change takes effect and any pro-rata charge or credit are shown before you confirm it. If, after a downgrade, your Organization holds more Projects or Prompts than the new plan allows, the excess (the most recently created items) is paused and no longer monitored, with its data kept, until the owner chooses what to keep within the new limits; the items the owner drops are then deleted.

Price changes. We may change our prices. Any increase is notified to you by email at least 30 days before it applies and only takes effect at your next renewal after that notice; you may cancel before then to avoid the new price.

Failed payments. If a payment fails, our payment processor retries it and notifies you by email. While a payment is outstanding, access to your workspace is suspended until it is settled. If it remains unpaid after the retries, the Subscription ends and the retention period described in "Customer Data" starts.

Invoices. Invoices are available from the billing portal. You agree to receive them electronically.

Cancellation and refunds

You may cancel your Subscription at any time from the billing portal in your account. Cancellation takes effect at the end of the current billing period: you keep full access until then, and no further charge is made. There is no minimum term beyond the period already paid.

Payments already made are non-refundable, including for the unused part of an annual period, except where these Terms provide otherwise (material reduction of the Services, price increase, discontinuation, prolonged unavailability) or where the law requires a refund.

Acceptable use

You agree to use the Services only for lawful purposes and in accordance with these Terms. In particular, you may not:

• access the Services by automated means other than the features we provide, or extract data from them systematically;
• circumvent plan limits, trial limits, security features or usage restrictions;
• share your access with third parties, or use the Services to provide monitoring as a stand-alone service to third parties without our written agreement, other than reporting to the client of a Project;
• reverse engineer, decompile or attempt to derive the source code of the Services, except to the extent the law allows;
• submit Prompts or Customer Data that are unlawful, defamatory, infringing, or that target or profile individuals;
• use the Services to develop a competing product, or to train machine-learning models on Results in bulk;
• interfere with the integrity or performance of the Services, or introduce malicious code;
• misrepresent your identity or your authority to monitor a brand.

We may suspend or restrict access, in whole or in part, if we reasonably believe that these Terms are breached, that the law requires it, or that your use creates a risk for the Services, other customers or third parties. We give notice before or promptly after a suspension where the circumstances allow, and lift it once the issue is resolved.

Intellectual property

The Services, including their software, design, databases, algorithms, text, graphics and trademarks, are owned by Side Labs or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes during your Subscription. All rights not expressly granted are reserved. You may not use the Hawkscan name or logo without our prior written consent.

The AI Platforms, their names and logos belong to their respective owners. Content quoted in Results (answers, cited pages) belongs to its authors and is reproduced for analysis purposes only.

Feedback. If you send us suggestions or feedback, we may use them freely and without compensation, without any obligation to you.

Reference. We may mention your Organization's name and logo as a Hawkscan customer in our marketing materials, in a factual manner. You may object at any time by writing to [email protected] and we will stop within a reasonable time.

Confidentiality

We treat your Customer Data and Results as confidential: we do not disclose them to third parties except to the service providers who help us run the Services under confidentiality obligations, where the law or a court requires it, or with your consent. This obligation lasts for the duration of your use of the Services and 3 years thereafter.

Data protection

Side Labs is the data controller for the personal information of Account holders and team members (identity, contact and billing details, usage data). Our Privacy Policy describes that processing and your rights. Customer Data is normally not personal data; you must not include personal data about identifiable individuals in Prompts or Project settings. Where a data processing agreement is required for your use of the Services, contact us at [email protected].

Third-party services

The Services rely on third-party providers, including the AI Platforms, data collection services used to query them, hosting, authentication, email and payment providers. Their availability and behavior are outside our control. The Services and Results may contain links to third-party websites, including the pages cited by AI Platforms; we do not endorse or monitor them and you access them at your own risk.

Availability

We use commercially reasonable efforts to keep the Services available and to run your Prompts on schedule, but we do not commit to a specific availability level or delivery time, and the Services are not designed for uses where an interruption could cause harm. We may interrupt the Services for maintenance, security or updates, and try to schedule planned maintenance outside business hours in France and to notify you of significant interruptions. If a defect attributable to us prevents you from using the Services for more than 7 consecutive days, you may terminate your Subscription and we will refund the prepaid, unused period. Priority support for Pro and Enterprise plans is described on the pricing page; it is a best-effort commitment, not a guaranteed response time.

Warranties

We warrant that the Services will perform materially as described on our website and in these Terms and that we will provide them with reasonable skill and care. Except for that warranty and for anything the law does not allow us to exclude, the Services and the Results are provided "as is": we make no other warranty, express or implied, including as to accuracy, completeness, fitness for a particular purpose, uninterrupted or error-free operation, or the outcome of any action you take based on the Results.

Liability

What we are liable for. We are liable for direct damages caused by our breach of these Terms or by our negligence, under the conditions of French law.

What we are not liable for. To the extent the law allows, we are not liable for indirect or consequential damages, including loss of profit, revenue, business, clients, data or goodwill, or the cost of substitute services, nor for damages arising from the content or unavailability of the AI Platforms, from decisions you make based on the Results, from your Customer Data, or from events beyond our reasonable control.

Cap. To the extent the law allows, our total liability for all claims arising out of the Services in any 12-month period is limited to the amounts you paid us for the Services during the 12 months preceding the event giving rise to the claim.

Exceptions. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for our wilful misconduct or gross negligence, for a breach that deprives an essential obligation of its substance, or for any liability that cannot be limited under applicable law. If mandatory consumer protection law nevertheless applies to you despite the section "Who can use Hawkscan", nothing in these Terms limits your statutory rights.

Indemnification

You will defend, indemnify and hold Side Labs harmless from any third-party claim, and the resulting losses and reasonable costs, arising from your Customer Data, from your breach of these Terms or of the law, or from your monitoring of a brand you were not entitled to monitor. We will notify you of the claim promptly and let you control the defence, and we will cooperate at your reasonable expense.

Duration, termination and suspension

These Terms apply from the creation of your Account for as long as you have an Account. Your Subscription runs for the billing period chosen and renews as described in "Plans, trial and billing".

By you. You may cancel your Subscription at any time as described in "Cancellation and refunds" and close your Account by contacting us at [email protected].

By us. We may terminate these Terms and close your Account with 30 days' notice by email if you have no active Subscription and no Project for more than 12 months. We may terminate immediately, by email, if you materially breach these Terms and do not remedy the breach within 15 days of our notice, if the breach cannot be remedied, if a payment remains unpaid after the retry period, or if we are required to do so by law.

Effects. On termination, your right to use the Services ends. If we terminate for your breach or for non-payment, any prepaid amount is retained and no refund is due. Your data is handled as described in "Customer Data": you can export it during the 90-day retention period, after which it is permanently deleted. Sections that by their nature should survive (Customer Data, intellectual property, confidentiality, liability, indemnification, governing law) survive termination.

Discontinuation. If we discontinue the Services altogether, we will give you at least 60 days' notice by email, allow you to export your data and refund any prepaid, unused period.

Changes to these Terms

We may update these Terms to reflect changes in the Services, in the law or in our business. For changes that materially affect your rights or obligations, we will notify you by email at least 30 days before they take effect; you may terminate your Subscription before that date and we will refund any prepaid, unused period. Other changes take effect when posted, with the "Last updated" date above. Continuing to use the Services after a change takes effect means you accept the updated Terms. Changes never apply retroactively.

Governing law and disputes

These Terms are governed by French law, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

Amicable resolution first. Before starting any legal action, you agree to contact us at [email protected] describing the dispute, and we agree to try in good faith to resolve it within 30 days.

Jurisdiction. Any dispute that is not resolved amicably is submitted to the exclusive jurisdiction of the Commercial Court of Bordeaux (Tribunal de commerce de Bordeaux), France, including for urgent, interim or multi-party proceedings, notwithstanding any third-party notice.

General terms

• Electronic acceptance. You accept these Terms electronically by creating an Account or placing an Order; this acceptance has the same legal effect as a handwritten signature.
• Entire agreement. These Terms, the Privacy Policy and your Orders constitute the entire agreement between you and Side Labs regarding the Services and supersede any prior agreement. Your own purchasing terms do not apply, even if we do not object to them expressly.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor in the event of a merger, acquisition or sale of assets, with notice to you.
• Force majeure. Neither party is liable for a failure caused by an event beyond its reasonable control within the meaning of Article 1218 of the French Civil Code.
• Severability. If a provision is held invalid, the rest of the Terms remains in force and the provision is replaced by a valid one that comes closest to its intent.
• No waiver. Not enforcing a provision does not waive our right to enforce it later.
• Notices. We send notices to the email address of your Account. You send notices to [email protected] or by post to the address below.
• Language. These Terms are written in English. Any translation is provided for convenience; the English version prevails.
• Export control and sanctions. You may not use the Services in violation of applicable export control or sanctions laws, or if you are located in a country or on a list subject to such restrictions.

Contact

Side Labs SAS
36 avenue Sadi Carnot, 33110 Le Bouscat, France
RCS Bordeaux: 107 613 606
VAT number: FR95107613606
[email protected]