PopHatch Terms of Service

PopHatch is an AI-powered software platform built for founders and builders who are building and operating businesses. The Service is designed to help users organize business context, define goals, manage tasks, develop and test hypotheses, interpret signals, review progress, and generate strategy-supporting analyses, recommendations, summaries, drafts, and related outputs.

The Service may allow you to submit prompts, notes, files, links, business materials, documents, communications, and other content, connect third-party tools and data sources, and use AI-assisted workflows and automation.

PopHatch is a software product. It is not a law firm, accounting firm, broker-dealer, funding portal, investment adviser, recruiting firm, fiduciary, or professional services provider. The Service does not provide legal, tax, accounting, investment, fundraising, hiring, compliance, medical, or other professional advice.

You are solely responsible for your business, legal, financial, product, hiring, go-to-market, marketing, pricing, fundraising, and operational decisions, including any decision made using the Service or any Output. PopHatch does not guarantee product-market fit, customer acquisition, retention, revenue, fundraising, profitability, regulatory compliance, or business success.

You may use the Service only if you are at least 18 years old, capable of forming a binding contract, and not barred from using the Service under applicable law.

If you use the Service for a business or organization, you represent and warrant that you are authorized to act on its behalf.

You may need to create an account to use some or all of the Service. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify us promptly at hello@pophatch.com if you suspect unauthorized access to your account or a security incident involving your account.

You may not sell, transfer, lease, sublicense, share, or provide access to your account except as expressly permitted by PopHatch in writing.

4.1 Commercial Terms Control

The exact commercial terms of your plan, including plan name, price, billing cadence, included usage, free trial length, renewal timing, cancellation timing, and any add-on or overage pricing, will be presented to you on the applicable pricing page, checkout page, order flow, subscription screen, or order form at the time of purchase. Those specific commercial terms are incorporated into these Terms and control over any inconsistent general statement in these Terms.

If there is a conflict between these Terms and a written order form signed by both you and PopHatch, the signed order form controls to the extent of that conflict.

4.2 Free Plans and Paid Plans

PopHatch may offer free access, paid subscriptions, paid add-ons, prepaid usage packages, overages, promotional plans, annual plans, monthly plans, or other commercial arrangements.

PopHatch may define and change plan structure, included features, included usage, plan eligibility, limits, packaging, and available functionality from time to time, subject to applicable law and any commitments already made for your current paid term.

4.3 Free Trials and Promotional Offers

PopHatch may offer free trials, discounted introductory periods, or promotional offers.

If a free trial or promotional offer requires a payment method at sign up and is described as converting into a paid subscription, PopHatch may charge the payment method on file when the trial or promotional period ends unless you cancel before the stated deadline.

If a free trial or promotional offer does not require a payment method at sign up, then at the end of the trial or promotional period your account may lose access to paid features, revert to the then-current free plan, or require you to purchase a paid subscription to continue using paid features.

The trial length, promotional period, first charge date if any, recurring price after the trial or promotion if any, billing frequency, and cancellation or downgrade method will be presented at sign up, checkout, or the applicable subscription screen.

4.4 Auto-Renewal

Unless otherwise stated when you purchase, each paid subscription automatically renews for successive periods equal to the initial subscription term, and you authorize PopHatch and its payment processor to charge your payment method for the recurring subscription fee, taxes, and any authorized add-ons or overages, until you cancel.

Where required by applicable law, PopHatch will provide an electronic acknowledgment that you can retain, containing the material subscription terms and information on how to cancel.

4.5 Definitions

For purposes of the Service:

1. “Billing Cycle” means the recurring monthly, annual, or other subscription period associated with your plan.
2. “Interaction” means a unit of usage defined by PopHatch for the applicable plan and may include prompts, requests, outputs, automations, model usage, or other product activity measured by PopHatch.
3. “Included Usage” means the amount of usage included in your plan for a Billing Cycle.
4. “Overage” means usage beyond Included Usage or beyond separately purchased add-on usage.
5. “Active Hypothesis” means an active strategic, product, customer, growth, or business hypothesis tracked in the Service and counted against applicable plan limits if PopHatch uses that metric in the applicable plan.

Additional usage metrics may apply and will be described in the pricing or order materials applicable to your plan.

4.6 Usage Limits; No Rollover Unless Stated

Unless PopHatch expressly states otherwise for your plan:

1. Included Usage resets at the beginning of each Billing Cycle,
2. unused Included Usage does not roll over,
3. exceeding plan limits may result in extra charges, purchase prompts, throttling, feature restrictions, suspension of specific functionality, downgrade consequences, or a requirement to upgrade, and
4. PopHatch may measure usage using its own logs and systems, which will control absent manifest error.

4.7 Add-Ons and Overages

If your plan allows paid add-ons, prepaid usage packs, or overages, you authorize PopHatch to charge the applicable fees presented at purchase or as otherwise authorized by you.

Add-ons, prepaid usage, and overage charges are non-refundable except where required by law.

4.8 Payment

You agree to pay all fees, charges, and applicable taxes in U.S. dollars unless otherwise stated. Payments are due when charged.

If a payment method is declined, expires, or cannot be processed, PopHatch may retry the charge and may suspend, restrict, downgrade, or terminate your access until payment is received.

You must keep your billing information accurate and current.

4.9 Fee Changes

PopHatch may change prices, plan packaging, usage allocations, and commercial structure prospectively. If we change the recurring fee for your existing subscription, we will provide notice as required by applicable law before the change takes effect.

Unless otherwise required by law, fee changes for an existing paid subscription will take effect on your next renewal after the notice period.

4.10 Cancellation

If you enrolled in a subscription online, you may cancel that subscription online through your account settings or through another online cancellation method PopHatch makes available.

Unless otherwise stated in the applicable commercial terms:

1. cancellation stops future renewal charges,
2. cancellation does not retroactively refund amounts already paid,
3. you retain paid access through the end of the current paid term, and
4. after the paid term ends, your account may revert to the then-current free plan, if one exists, subject to that plan’s limits and functionality.

If you subscribed through a third party, you may need to cancel through that third party.

4.11 Downgrade, Expiration, and Post-Cancellation Effects

After downgrade, cancellation, nonpayment, or expiration of a paid term, PopHatch may:

1. reduce or remove access to paid features,
2. stop or limit automations, integrations, or background processes,
3. prevent creation of new content above free-plan limits,
4. archive, hide, or limit access to content or features above the limits of the plan then in effect, and
5. require deletion, export, or reduction of data, projects, or usage to comply with plan limits.

PopHatch is not obligated to preserve paid-only features or storage indefinitely after cancellation or downgrade.

4.12 Refunds

Except as required by law, fees are non-refundable, including prepaid subscription fees, partial billing periods, add-ons, and overages.

4.13 Taxes

You are responsible for all applicable sales, use, value-added, withholding, or similar taxes or duties, excluding taxes based on PopHatch’s net income.

The Service may interoperate with third-party products, services, APIs, files, content repositories, storage providers, analytics services, communications services, calendars, documents, and other data sources (“Third-Party Services”).

By connecting a Third-Party Service, you authorize PopHatch to access, import, sync, process, store, analyze, display, and use data made available through that Third-Party Service as necessary to provide, maintain, improve, and secure the Service.

You represent and warrant that you have all rights, permissions, and authority necessary to connect the Third-Party Service and to allow PopHatch to use the related data as contemplated by these Terms and the Privacy Policy.

Third-Party Services are not controlled by PopHatch. PopHatch is not responsible for any Third-Party Service’s availability, security, functionality, legality, accuracy, deletion practices, API changes, or terms. Third-Party Services may change or stop working at any time, and PopHatch is not liable for resulting loss, interruption, or data inaccessibility.

For purposes of these Terms, connected data made available to PopHatch through a Third-Party Service is part of your User Content.

6.1 Ownership

As between you and PopHatch, you retain ownership of the text, prompts, files, links, notes, documents, messages, media, connected data, and other content or materials you submit, upload, connect, transmit, store, or otherwise make available through the Service (“User Content”), subject to the rights you grant in these Terms.

6.2 License to PopHatch

You grant PopHatch a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, reproduce, store, transmit, display, perform, reformat, modify, adapt, analyze, process, create derivative works from, and otherwise use User Content for the following purposes:

1. providing, operating, maintaining, and supporting the Service,
2. generating Outputs and delivering requested functionality,
3. securing, monitoring, debugging, auditing, and improving the Service,
4. developing, training, fine-tuning, testing, evaluating, optimizing, and improving PopHatch’s models, systems, safety mechanisms, and related technology,
5. enforcing these Terms and protecting PopHatch, its users, and its systems, and
6. complying with law and legal process.

6.3 Retention; Deletion; Model Improvement

This license continues only to the extent and for as long as reasonably necessary for the purposes described in these Terms and as permitted by applicable law, including backup, logging, audit, security, fraud prevention, dispute resolution, and legal compliance.

If you delete User Content, close your account, or request deletion, PopHatch may retain and use User Content only to the extent permitted by applicable law. Without limiting the foregoing, PopHatch may retain backups, logs, and records reasonably necessary for security, fraud prevention, legal compliance, and dispute resolution, and may retain deidentified or aggregated information that cannot reasonably be used to identify you.

Nothing in these Terms limits any nonwaivable privacy rights you may have under applicable law.

6.4 Your Responsibility

You are solely responsible for your User Content and for the consequences of using it with the Service.

You represent and warrant that:

1. you own or control all rights necessary to provide the User Content and grant the rights in these Terms,
2. your User Content and its use with the Service do not violate any law, contract, confidentiality obligation, fiduciary duty, or third-party right, including intellectual property, privacy, publicity, employment, or data-protection rights,
3. your User Content does not contain malware or harmful code, and
4. you have all required notices, permissions, and consents for any personal information you provide.

6.5 Sensitive Information

Unless expressly permitted by PopHatch in writing, you may not provide highly sensitive personal information, protected health information, payment card data, government identification numbers, export-controlled information, or any information subject to special legal or contractual restrictions.

If you provide such information, you do so at your own risk.

7.1 Inputs and Outputs

“Inputs” means prompts, instructions, questions, User Content, connected data, and other materials submitted to the Service.

“Outputs” means responses, analyses, summaries, recommendations, drafts, classifications, scores, workflows, strategy suggestions, or other content generated or returned by the Service.

Outputs may be produced using artificial intelligence systems, algorithmic processes, automated workflows, third-party providers, or a combination of them.

7.2 No Reliability Guarantee

Outputs may be inaccurate, incomplete, outdated, biased, misleading, offensive, non-unique, or inappropriate for your intended use. Similar or identical outputs may be generated for other users.

You are solely responsible for reviewing, validating, editing, and deciding whether to use any Output.

7.3 Your Rights to Outputs

As between you and PopHatch, and subject to your compliance with these Terms, you may use Outputs generated for your account for any lawful purpose.

That right does not transfer to you any ownership of the Service itself or of PopHatch’s underlying software, models, methods, interfaces, workflows, system prompts, internal tooling, training methods, or other intellectual property.

PopHatch does not represent or warrant that any Output is protectable, exclusive, non-infringing, or available for exclusive commercial use.

7.4 PopHatch Use of Inputs and Outputs

PopHatch may use Inputs and Outputs for the same purposes described in Section 6.2, including operation, support, security, debugging, evaluation, training, fine-tuning, optimization, and improvement of the Service and PopHatch’s models and systems.

For clarity, Inputs are part of User Content. Outputs may also be used by PopHatch for service improvement, quality control, training, tuning, testing, evaluation, abuse prevention, and safety.

7.5 High-Stakes Use Restriction

You must not rely on the Service or any Output as the sole basis for legal, tax, accounting, investment, fundraising, employment, medical, safety-critical, or regulatory compliance decisions.

If you provide suggestions, comments, bug reports, ideas, or improvement requests relating to the Service (“Feedback”), you grant PopHatch a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, disclose, reproduce, modify, commercialize, and otherwise exploit that Feedback without restriction or compensation.

The Service, including its software, code, models, interfaces, workflows, graphics, design, text, audiovisual works, compilations, trademarks, logos, service marks, and all related intellectual property rights, are owned by or licensed to PopHatch.

Subject to your compliance with these Terms, PopHatch grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its intended purpose.

No rights are granted except as expressly stated in these Terms.

You may not, and may not permit others to:

1. use the Service in violation of law or regulation,
2. use the Service to offer, sell, advertise, broker, or solicit securities or investment opportunities in violation of law,
3. impersonate any person or entity or misrepresent your identity, authority, or affiliation,
4. submit, upload, connect, or use content you do not have the right to use,
5. violate any confidentiality obligation or restricted-use obligation through your use of the Service,
6. infringe or misappropriate any third-party right,
7. upload malware, harmful code, or unsafe content,
8. interfere with, disrupt, damage, disable, overburden, or impair the Service,
9. scrape, crawl, spider, benchmark, probe, or systematically extract data, outputs, prompts, or other content from the Service,
10. reverse engineer, decompile, disassemble, attempt to derive source code, model weights, architecture, training data, system prompts, ranking logic, or trade secrets from the Service except where prohibited by law,
11. use the Service, or access Outputs in an automated or systematic manner, to train, build, improve, or benchmark a competing model, product, or service,
12. circumvent plan limits, rate limits, access controls, or billing mechanisms,
13. create synthetic accounts or share credentials to evade limits or fees,
14. resell, sublicense, lease, white-label, timeshare, or provide unauthorized third-party access to the Service,
15. use the Service to generate or distribute spam, deceptive content, unlawful content, or harmful code,
16. remove, alter, or obscure proprietary notices, or
17. use Outputs in a way that violates law or third-party rights.

PopHatch may monitor compliance, investigate suspected misuse, and take any action permitted by these Terms or law.

PopHatch has no obligation to pre-screen User Content or Outputs. PopHatch may, but is not required to, review, monitor, remove, disable, block, preserve, or disclose User Content, Outputs, or account information if PopHatch believes doing so is necessary or appropriate to:

1. enforce these Terms,
2. comply with law or legal process,
3. protect PopHatch, users, or third parties,
4. address abuse, fraud, security, or technical issues, or
5. prevent harm or liability.

PopHatch may suspend, restrict, downgrade, or terminate your access to all or part of the Service, with or without notice, if:

1. you violate these Terms,
2. your use creates legal, security, operational, or reputational risk,
3. PopHatch suspects fraud, abuse, unauthorized access, or unlawful conduct,
4. you fail to pay fees when due,
5. PopHatch is required to do so by law or court order, or
6. PopHatch discontinues the relevant part of the Service.

You may stop using the Service at any time and may cancel your subscription as described in Section 4.

Termination or suspension does not relieve you of obligations incurred before termination, including payment obligations.

Unless otherwise required by law or expressly promised by PopHatch in writing:

1. PopHatch is not obligated to provide you with an export of User Content or Outputs after termination or expiration,
2. PopHatch may set time-limited access windows for export or retrieval,
3. PopHatch may delete User Content, Outputs, account information, or related data after cancellation, downgrade, suspension, or termination, and
4. PopHatch may retain certain data, logs, and derivatives as described in these Terms and the Privacy Policy.

If data export tools are offered, you are responsible for using them before cancellation, downgrade, or deletion deadlines.

PopHatch may modify, update, remove, suspend, or discontinue any part of the Service at any time, including features, integrations, model providers, workflows, usage definitions, and plan structure.

The Service may include alpha, beta, preview, or experimental features. Those features may be incomplete, unstable, or changed or removed at any time and may be subject to additional terms.

PopHatch does not guarantee uninterrupted availability, accuracy, security, compatibility, or error-free operation.

If you believe content on the Service infringes your copyright, you may send a written notice to:

Your notice must include:

1. your physical or electronic signature,
2. identification of the copyrighted work claimed to have been infringed,
3. identification of the allegedly infringing material and its location,
4. your contact information,
5. a statement that you have a good-faith belief the use is not authorized, and
6. a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act.

PopHatch may remove or disable allegedly infringing material and may terminate repeat infringers in appropriate circumstances.

If you believe material was removed by mistake or misidentification, you may send a counter-notification containing the information required by applicable law. PopHatch may restore the material as allowed by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUTS, AND ALL RELATED FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.

POPHATCH DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, OR THAT THE SERVICE WILL MEET YOUR NEEDS.

WITHOUT LIMITING THE FOREGOING, POPHATCH DOES NOT WARRANT THAT:

1. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
2. OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, ORIGINAL, NON-INFRINGING, OR FIT FOR YOUR PURPOSE,
3. THE SERVICE WILL PRODUCE ANY BUSINESS RESULT OR OUTCOME,
4. THIRD-PARTY SERVICES WILL REMAIN AVAILABLE OR COMPATIBLE, OR
5. DATA WILL BE PRESERVED WITHOUT LOSS OR CORRUPTION.

YOU USE THE SERVICE AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPHATCH AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CUSTOMERS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF POPHATCH AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. the total amount paid by you to PopHatch for the Service in the twelve months before the event giving rise to the claim, or
2. $100.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify, and hold harmless PopHatch and its affiliates, licensors, service providers, officers, directors, employees, contractors, and agents from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. your use of the Service,
2. your Inputs, User Content, connected third-party data, or Outputs,
3. your violation of these Terms,
4. your violation of law or regulation, or
5. your infringement, misappropriation, or violation of any third-party right.

PopHatch may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except to the extent federal law requires otherwise.

Before either party starts arbitration or court proceedings, that party must send the other party a written notice of dispute describing the claim and requested relief.

If you have a dispute with PopHatch, send the notice to hello@pophatch.com with the subject line “Legal Dispute Notice” and also mail it to the contact address in Section 26.

The parties agree to try in good faith to resolve the dispute informally for 30 days after notice is sent before starting arbitration or court proceedings, except that either party may seek emergency injunctive relief where permitted by law.

Please read this section carefully.

21.1 Agreement to Arbitrate

Except for the limited exceptions below, you and PopHatch agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and PopHatch will be resolved by final and binding arbitration, not in court.

21.2 Exceptions

Nothing in this Section prevents either party from:

1. bringing an individual action in small claims court, if eligible,
2. seeking temporary, preliminary, or injunctive relief in the state courts located in Clark County, Nevada, or the federal court located in the District of Nevada, to protect intellectual property, confidential information, or against unauthorized access, abuse, or misuse, or
3. pursuing claims that cannot legally be arbitrated.

21.3 Arbitration Rules and Forum

If the American Arbitration Association Consumer Arbitration Rules apply to the dispute, the arbitration will be administered by the American Arbitration Association under those rules then in effect. If the American Arbitration Association Consumer Arbitration Rules do not apply, the arbitration will be administered by the American Arbitration Association under the applicable American Arbitration Association rules then in effect.

Unless required otherwise by law or the applicable rules, the seat of arbitration will be Clark County, Nevada, and the arbitration may proceed by documents, video, phone, or in person as permitted by the applicable rules.

21.4 Individual Proceedings Only

YOU AND POPHATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY NOT PRESIDE OVER ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING EXCEPT TO THE LIMITED EXTENT THE APPLICABLE RULES REQUIRE OTHERWISE.

21.5 Batch Arbitration

If 25 or more similar claims are asserted against PopHatch by the same or coordinated counsel or are otherwise coordinated, PopHatch may request that the AAA administer them in staged batches to the extent permitted by applicable law and AAA procedures. The parties will cooperate in good faith on reasonable batching, bellwether sequencing, and administrative efficiencies.

21.6 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND POPHATCH WAIVE ANY RIGHT TO A JURY TRIAL.

21.7 Opt-Out

You may opt out of this arbitration agreement by sending written notice to hello@pophatch.com with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms. The notice must include your full name, the email address associated with your account, and a clear statement that you want to opt out.

If you opt out, the exclusive venue for permitted court proceedings will be the state courts located in Clark County, Nevada, or the federal court located in the District of Nevada, and both parties consent to personal jurisdiction there.

21.8 Severability of Arbitration Section

If any portion of this Section 21 is found unenforceable, that portion will be severed and the remainder will remain in effect, except that if Section 21.4 is found unenforceable as to a class, collective, consolidated, coordinated, or representative claim, then this Section 21 will be unenforceable as to that claim to the maximum extent permitted by law.

You agree to receive communications from PopHatch electronically, including by email, through the Service, or by other electronic means. Electronic communications satisfy any legal requirement that such communications be in writing.

You are responsible for keeping your account email address current.

You may not use the Service in violation of U.S. export controls, sanctions laws, or other applicable trade laws.

PopHatch may revise these Terms from time to time. If we do, we will post the revised Terms and update the “Last Updated” date. If required by law, we will provide additional notice.

Unless otherwise stated, revised Terms become effective when posted. If you continue using the Service after revised Terms become effective, you agree to them.

For material changes that affect an active paid subscription, including changes to recurring fees, billing cadence, or cancellation rights, the changes will take effect on your next renewal or as otherwise required by applicable law after we provide notice. If you do not agree to those changes, you must cancel your subscription before the changes take effect.

If you do not agree, you must stop using the Service and cancel any subscription before the revised Terms take effect.

These Terms, together with the Privacy Policy and any incorporated pricing, checkout, subscription, or order terms, constitute the entire agreement between you and PopHatch regarding the Service.

If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.

PopHatch’s failure to enforce any provision is not a waiver.

You may not assign these Terms without PopHatch’s prior written consent. PopHatch may assign these Terms without restriction in connection with a merger, acquisition, financing, corporate reorganization, or sale of assets.

PopHatch is not liable for delay or failure to perform caused by events beyond its reasonable control.

Any provisions that by their nature should survive termination will survive, including provisions relating to licenses, payments, intellectual property, disclaimers, liability limitations, indemnification, dispute resolution, retention, training, and miscellaneous terms.