Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("User," "Seller," or "you") and Noob Media LLC d/b/a CodeHawke ("CodeHawke," "we," "us," or "our"), a Virginia limited liability company. By accessing or using CodeHawke (collectively, the "Platform"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

2. Description of Services

CodeHawke is software for selling digital products and running an online business. Depending on your plan, the Platform includes:

• Selling courses, downloadable files, software licence keys, coaching and other services, memberships, and bundles.
• Events and ticketing, including ticket sales and door check-in.
• Email to your buyers and subscribers, including broadcasts and newsletters.
• A storefront and page builder, product pages, checkout through your own payment provider account, and file and content delivery.
• Custom domains for your storefront (on plans that include them).
• An AI assistant that can draft content and carry out actions in your account at your request.
• Sales, order, and customer records and analytics.

We reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

3. Accounts & Registration

You must provide accurate, complete, and current information during registration. You are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorized access. We may terminate accounts that provide false information or violate these Terms.

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to use the Platform.

4. Fees, Billing, Free Trial & Auto-Renewal

• Plans and prices. Current plans and prices are shown on our pricing section and in your dashboard. By starting a trial or subscribing, you authorize us (through our payment processor, Stripe) to charge your payment method for the plan you choose, on a recurring basis, until you cancel.
• Cancelling. Cancel at any time from the Billing page in your dashboard, or by emailing support@codehawke.com. If you cancel during the free trial, you will not be charged. If you cancel after a charge, your plan stays active until the end of the period you already paid for and does not renew; refunds are handled under our Refund Policy.
• Price changes.We will give you at least 30 days' notice by email before a price change applies to your subscription. The new price applies from your first renewal after the notice period. If you do not agree, you can cancel before that renewal.
• Failed payments. If a charge fails, we may retry it and may limit or suspend paid features until payment succeeds.
• Taxes. Prices do not include taxes unless stated. You are responsible for any sales, use, VAT, GST, or similar taxes that apply to your subscription and other fees you pay us.
• Event ticket fees.If you sell tickets to events, a platform fee applies to each paid ticket sold: 99¢ per paid ticket on Creator, 79¢ on Pro, and 59¢ on Business. Free tickets have no platform fee. Ticket fees are added to your next subscription invoice. Your payment provider's own processing fees are separate.
• Email credit packs. Each plan includes a monthly allowance of emails sent through our sending service. You can optionally buy email credit packs to send more in a month; packs are one-time purchases and do not renew.
• Refunds. Refunds of fees paid to CodeHawke are governed by our Refund Policy.

5. Merchant of Record - Not CodeHawke

As the Merchant of Record, you are solely responsible for:

• The legality, accuracy, and quality of your products and product listings.
• Fulfilling your obligations to buyers, including refunds, support, and dispute resolution.
• Collecting, remitting, and reporting all applicable sales taxes, VAT, GST, and other transaction taxes.
• Complying with all consumer protection laws in your jurisdiction and the jurisdictions of your buyers.
• Ensuring your products do not infringe any third-party intellectual property rights.
• Maintaining your own privacy policy and data processing terms with your buyers.

CodeHawke provides the technical infrastructure. You run the business.

6. Seller Tax Compliance

You are solely responsible for determining, collecting, and remitting all taxes applicable to your sales. This includes, but is not limited to, U.S. sales tax, EU VAT, Canadian GST/HST, Australian GST, and any other transaction or digital services tax required in any jurisdiction where your buyers are located.

CodeHawke does not provide tax advice. If you enable Stripe Tax on your products, Stripe will calculate and collect tax on eligible transactions per Stripe's own tax service terms - CodeHawke passes this data through but is not responsible for the accuracy of Stripe's tax calculations or your compliance obligations.

We strongly recommend consulting a tax professional familiar with digital goods taxation in your target markets.

7. Acceptable Use Policy

You agree not to use the Platform to distribute, sell, or promote any content or products that:

• Are illegal under applicable law, including stolen, counterfeit, or pirated content.
• Infringe any copyright, trademark, trade secret, or other intellectual property right.
• Contain malware, spyware, ransomware, or any malicious code.
• Constitute fraud, phishing, or deceptive misrepresentation.
• Depict or promote child sexual abuse material (CSAM) or exploitation of minors in any form.
• Constitute hate speech, harassment, or content designed to incite violence against any person or group.
• Violate Stripe's Restricted Business list.
• Violate any applicable export control or sanctions laws.

CodeHawke reserves the right to remove any content and suspend or terminate any account that violates this policy, without refund, at our sole discretion.

To report abuse: legal@codehawke.com - subject "Abuse Report."

8. Email Sending & Anti-Spam

The Platform lets you email your buyers and subscribers, either through our shared sending service or through your own connected email provider. When you send email through CodeHawke:

• You are the sender. You are responsible for having the recipient's permission to email them and for complying with anti-spam and privacy laws that apply to you and your recipients, including the U.S. CAN-SPAM Act, the EU/UK GDPR and ePrivacy rules, and Canada's CASL.
• You must not send to purchased, rented, or scraped lists, and you must not disguise who a message is from or what it is about.
• Broadcasts and newsletters sent through CodeHawke include an unsubscribe link, and unsubscribes are honoured automatically. You must include a way to opt out in any other marketing email you send, and you must not re-add people who have unsubscribed.
• Each plan includes a monthly allowance of emails sent through our shared sending service, and we may limit how often you can send to protect deliverability for everyone. Email sent through your own connected provider is subject to that provider's terms.
• We may pause, limit, or suspend sending from your account, without notice, if we see high bounce or complaint rates, spam trap hits, or other signs of unsolicited or abusive email, or if an email provider asks us to.

9. Events & Ticketing

If you use the Platform to sell tickets to an event, you are the organiser of that event. CodeHawke provides ticketing tools only; we do not organise, host, or attend your events. You are solely responsible for:

• The event itself, including its content, safety, and whether it takes place as described.
• The venue, capacity limits, permits, insurance, and any licences the event requires.
• Accessibility for attendees, and complying with accessibility and consumer laws that apply to your event.
• Your refund, cancellation, and rescheduling policy, communicating it to buyers, and issuing refunds.
• Admission at the door, including checking tickets.

Ticket buyers should contact the organiser about any issue with an event.

10. AI Features

The Platform includes AI features that can draft text (such as product descriptions, emails, blog posts, and pages) and, when you ask, carry out actions in your account. AI output can be inaccurate, incomplete, or unsuitable, and may resemble content that exists elsewhere.

• Review AI-generated content and proposed actions before you publish, send, or confirm them. You are responsible for what you publish or send, as if you had written it yourself.
• Do not rely on AI output for legal, tax, financial, or medical advice.
• AI features process your prompts and the account content needed to answer them through third-party AI providers, as described in our Privacy Policy. If you connect your own AI provider key, that provider's terms also apply.

11. Custom Domains

On plans that include custom domains, you can point a domain you own at your storefront. You are responsible for registering and renewing the domain, keeping its DNS records correct, and having the right to use it. We issue and renew the TLS certificate for a connected domain while its DNS points to us. We are not responsible for downtime caused by DNS changes, domain expiry, or your registrar. If you leave CodeHawke, the domain remains yours.

12. DMCA Safe Harbor & Takedown Policy

CodeHawke complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). To file a valid takedown notice, send all of the following to our Designated Agent:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the infringing material and its location on the Platform (e.g., the product URL).
• Your contact information: name, address, telephone number, and email.
• A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or law.
• A statement under penalty of perjury that the information is accurate and you are authorized to act.

Counter-notifications may be submitted per 17 U.S.C. § 512(g). Repeat infringers will have their accounts terminated.

13. Data Processing & Privacy

Our Privacy Policydescribes how we collect and use data. With respect to your buyers' personal data:

• You are the Data Controller - you determine the purposes and means of processing your buyers' personal data.
• CodeHawke is a Data Processor - we process buyer data only to perform the Services you direct.

To deliver products and run your dashboard, CodeHawke stores your buyers' email addresses, names where provided, and order records (what was bought, when, the amount, and access status), and your subscribers' email addresses. Card and other payment details are handled by your payment provider and are not stored by CodeHawke. We do not sell your customer data or use it for advertising or third-party purposes. Our full Privacy Policy serves as our Data Processing Agreement (DPA) for GDPR Article 28 purposes.

14. Fair Use & Bandwidth

Bandwidth and downloads for delivering your products to your buyers are unlimited on every plan, and there are no bandwidth overage fees. Storage and maximum file size depend on your plan.

Unlimited bandwidth is subject to fair use: it covers delivering your products to your buyers. It does not cover using the Platform as a general file host or content delivery network, hotlinking files from other sites, or traffic generated to abuse the service. We may throttle, suspend delivery, or suspend accounts involved in such activity, or that degrade service for other users, and will contact you where we reasonably can.

15. Payment Providers

To sell paid products you connect your own account with Stripe or another payment provider we support. Your use of Stripe is governed by Stripe's Services Agreement and Stripe's Restricted Business list, and your use of any other provider by that provider's terms. CodeHawke is not responsible for any actions a payment provider takes with respect to your account. You represent that you are authorized to connect the payment accounts you use with CodeHawke. Free products do not require a payment provider.

16. Intellectual Property

CodeHawke and its logos, design, software, and content are owned by Noob Media LLC and protected by intellectual property laws. You retain all rights to the content and products you upload. By using the Platform, you grant CodeHawke a limited, non-exclusive license to host, store, and deliver your content solely as necessary to provide the Services.

You represent and warrant that you own or have all necessary rights to the content you upload, and that such content does not infringe any third-party rights.

17. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CODEHAWKE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CODEHAWKE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES - INCLUDING LOSS OF REVENUE, PROFITS, DATA, OR BUSINESS OPPORTUNITIES - ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CODEHAWKE'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO CODEHAWKE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

19. Indemnification

You agree to indemnify, defend, and hold harmless CodeHawke, Noob Media LLC, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your products, content, emails, or events; (c) your violation of these Terms; (d) your violation of any applicable law; or (e) any claim by a buyer, subscriber, or attendee related to a product, email, or event you sold, sent, or organised through the Platform.

20. Termination

You may cancel your subscription at any time from the Billing page in your dashboard. Upon cancellation, your subscription ends at the close of the current billing period and your storefront will be deactivated. Hosted files are retained for 30 days after cancellation then deleted.

CodeHawke may suspend or terminate your account immediately, without notice, for violation of these Terms, including the Acceptable Use Policy, or if we reasonably believe your use of the Platform creates legal risk or reputational harm. No refund is issued for terminations due to Terms violations.

21. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform - including questions of arbitrability - shall be resolved exclusively through final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Fairfax County, Virginia. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. You may also file a complaint with the Federal Trade Commission or your state attorney general's office.

Any claim not subject to arbitration, or if the arbitration clause is found unenforceable, shall be brought exclusively in the state or federal courts located in Fairfax County, Virginia.

22. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Platform at least 14 days before the changes take effect (30 days for price changes, as described in Section 4). Your continued use of the Platform after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and cancel your account.

24. Contact Information