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 provides SaaS tools for digital product fulfillment including hosted product pages, checkout orchestration, file delivery, access token management, bandwidth metering, and sales analytics. The Platform connects to your own payment account and, on higher tiers, to your own cloud storage. 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. 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.

5. 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.

6. 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."

7. 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.

8. 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.

Because payments flow through your own Stripe account, your customer data remains in your payment provider's system at all times. CodeHawke does not retain or sell your customer data for advertising or third-party purposes. Our full Privacy Policy serves as our Data Processing Agreement (DPA) for GDPR Article 28 purposes.

9. Fair Use & Bandwidth

Each plan includes a monthly bandwidth allocation for file delivery. Bandwidth is measured as bytes transferred to your buyers' browsers. If you exceed your plan's allocation in a billing month, overage fees apply at the rate stated on the Pricing page. Overage fees are non-refundable once bandwidth has been consumed.

We reserve the right to throttle or suspend delivery for accounts that abuse bandwidth allocations or engage in activity that degrades service for other users.

10. Stripe Relationship

Selling on CodeHawke requires you to connect your own Stripe account. Your use of Stripe is governed by Stripe's Services Agreement and Stripe's Restricted Business list. CodeHawke is not responsible for any actions Stripe takes with respect to your account. You represent that you are authorized to connect the Stripe account you use with CodeHawke.

11. 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.

12. 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. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

13. 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).

14. 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 or content; (c) your violation of these Terms; (d) your violation of any applicable law; or (e) any claim by a buyer related to a product you sold through the Platform.

15. Termination

You may cancel your account at any time from your account settings. 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.

16. 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.

17. 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.

18. 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. 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.

19. Contact Information