Terms of Service — HoneycombHQ
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Terms of Service

Effective Date: 03/01/2026  ·  Last Updated: 04/02/2026  ·  Governing Law: State of Wyoming, United States

1. Acceptance of Terms

By accessing or using HoneycombHQ ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service and all incorporated documents, including our Privacy Policy and Messaging Compliance Addendum. If you do not agree, you may not use our services.

These Terms apply to all users, including visitors, customers, sub-account holders, white-label clients, and contributors of content.

2. Services

HoneycombHQ provides digital tools, automation systems, CRM and marketing software, messaging services (including SMS/A2P messaging), white-label agency solutions, and related business resources.

We reserve the right to modify, suspend, or discontinue any service at any time without notice.

3. User Responsibilities

You agree to:

  • Provide accurate and current information
  • Maintain the confidentiality of your account credentials
  • Comply with all applicable laws and regulations
  • Not reproduce, duplicate, copy, sell, or exploit any portion of the service without express written permission
  • Ensure compliance with all SMS, email, and data privacy laws applicable to your use of the platform

You are responsible for all activity under your account, including activity by any sub-accounts or end users you create or manage.

4. Sub-Accounts and White-Label Clients

If you operate as an agency or reseller using HoneycombHQ:

  • You are solely responsible for all sub-account users and their compliance with these Terms and applicable law
  • You must not grant sub-account access to parties who will use the platform for unlawful purposes
  • You are responsible for all communications, data handling, and actions of your sub-accounts
  • HoneycombHQ is not a party to any agreement between you and your clients and bears no liability for such arrangements
  • Termination of your account may result in termination of all associated sub-accounts

You agree to indemnify HoneycombHQ against any claims arising from the actions of your sub-account users or clients.

5. Messaging & Communications (A2P / TCPA Compliance)

By providing your phone number, you consent to receive communications from HoneycombHQ by Clogenta Inc, including SMS, email, and automated messages.

  • Message frequency may vary
  • Message and data rates may apply
  • Reply STOP at any time to opt out of SMS communications
  • Consent to receive SMS messages is not a condition of purchase

TCPA Compliance: If you use HoneycombHQ to send SMS or automated messages to third parties, YOU are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all applicable federal, state, and local laws governing electronic communications. This includes obtaining proper written consent from your contacts before sending any automated messages.

One-to-One Consent: Per FCC 2024 rules, consent must be obtained on a one-to-one basis. Blanket partner marketing opt-ins shared across multiple brands or affiliates are no longer valid. Each brand must obtain its own independent consent from each subscriber.

Consent Revocation: Per the FCC's April 11, 2025 rules, consumers may revoke SMS consent using any reasonable common-language request, not just the word STOP. You must honor all revocations within ten (10) business days. A single opt-out confirmation message may be sent within five (5) minutes of receiving the revocation. No further marketing messages may be sent after that confirmation.

Quiet Hours: You may not send SMS messages before 8:00 AM or after 9:00 PM in the recipient's local time zone. This applies to all message types including marketing, transactional, and automated sequences.

A2P 10DLC: All users sending A2P messages through the platform must comply with the HoneycombHQ Messaging Compliance Addendum, incorporated into these Terms by reference. This includes brand and campaign registration with The Campaign Registry (TCR), compliant opt-in collection, and adherence to all carrier policies.

We are not responsible for carrier delays, delivery failures, campaign filtering, or messages not received due to third-party limitations or your failure to maintain compliant registrations.

6. API Usage

If you access HoneycombHQ services via API, you agree not to:

  • Exceed rate limits or degrade platform performance for other users
  • Reverse engineer, replicate, or build competing services using our API
  • Use the API for scraping, unauthorized data extraction, or purposes outside normal platform use

API access may be modified, rate-limited, or revoked at any time without notice. HoneycombHQ is not liable for damages resulting from API unavailability or structural changes.

7. Intellectual Property

HoneycombHQ and Clogenta Inc retain all rights, title, and interest in and to the platform, software, technology, branding, and all related intellectual property. Nothing in these Terms grants you ownership of any platform IP.

You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the platform or its source code.

All trademarks, service marks, logos, and trade names associated with HoneycombHQ are the property of Clogenta Inc or their respective owners.

8. Privacy Policy

Your use of HoneycombHQ is also governed by our Privacy Policy, incorporated into these Terms by reference. By using our services, you acknowledge that you have read and understood our Privacy Policy, available at https://www.honeycombhq.com/privacy.

9. Data Privacy and Regulatory Compliance

You are responsible for ensuring the lawful collection, processing, and use of any personal data you input into the platform, including data belonging to your clients and contacts. We act as a data processor for information you input on your behalf. You are the data controller and are responsible for having a lawful basis for processing that data.

California Residents (CCPA)

If you are a California resident, you have the right to know what personal information we collect, request deletion, opt out of the sale of your personal information, and non-discrimination for exercising your rights. To submit a request, contact us at [email protected].

European / EEA Users (GDPR)

If you are located in the European Economic Area, you have rights under the GDPR including access, rectification, erasure, restriction of processing, data portability, and the right to object. To exercise these rights, contact us at [email protected]. We will respond within 30 days.

10. Accuracy of Information

We do not guarantee the accuracy, completeness, or currency of information provided on the platform. Any reliance on such information is at your own risk.

11. Modifications to Services

We may modify or discontinue services, features, or pricing at any time without notice or liability.

12. Third-Party Tools and Integrations

Our services may include access to third-party tools, integrations, and links. These are provided "as is." We are not responsible for third-party services, content, privacy practices, or data handling. Your use of any third-party service is subject to that service's own terms and privacy policy.

13. User Content and Submissions

If you submit content, feedback, or suggestions to the platform:

  • You grant us a non-exclusive, royalty-free right to use, reproduce, and distribute such content for platform improvement purposes
  • You confirm that your content does not violate any laws or third-party rights

We are not responsible for user-generated content or the accuracy of data entered into the platform by users or their clients.

14. Prohibited Uses

You may not use the service to:

  • Violate any laws or regulations, including TCPA, CAN-SPAM, GDPR, or CCPA
  • Send spam, unsolicited bulk messages, or unauthorized marketing communications
  • Transmit malware, phishing content, or harmful code
  • Misuse, harvest, or improperly access data on the platform
  • Circumvent, disable, or interfere with security features
  • Scrape or extract data from the platform without authorization
  • Build competing products or services using our platform or API

Violations may result in immediate termination of access without refund.

15. Prohibited Message Content (SHAFT-C)

You may not use the platform to send messages containing content prohibited by carriers under the SHAFT-C framework:

  • Sex: Sexually explicit or adult content of any kind
  • Hate: Content promoting hatred, discrimination, or violence against any group
  • Alcohol: Alcohol promotions without proper age-gating and carrier approval
  • Firearms: Promotion of firearms, ammunition, or related accessories
  • Tobacco/Vaping: Tobacco, e-cigarette, or vaping product promotions
  • Cannabis (C): Cannabis, marijuana, or CBD product promotions regardless of state legality

Also prohibited: phishing or smishing, loan solicitations without proper registration, pyramid scheme promotions, impersonation of any person, brand, or government entity, and any content that violates applicable law.

Violations of SHAFT-C prohibitions may result in immediate suspension of your messaging capabilities by carriers. HoneycombHQ is not liable for carrier-imposed suspensions resulting from prohibited content in your messages. See the Messaging Compliance Addendum for complete requirements.

16. Data, Storage, and Limitation of Responsibility

The Services rely on third-party platforms, infrastructure, and integrations. You acknowledge that we do not control all underlying systems, service performance may be impacted by third parties, and data transmission is not guaranteed to be secure or error-free.

We are not liable for data loss or corruption, messaging failures or delays, system outages, third-party platform failures, or events beyond our reasonable control. You are solely responsible for maintaining independent backups of all your data.

17. Disclaimer of Warranties

Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free performance.

18. Limitation of Liability

To the fullest extent permitted by law, HoneycombHQ and Clogenta Inc shall not be liable for indirect, incidental, special, or consequential damages, including loss of data, loss of revenue or profits, or business interruption.

Our total aggregate liability to you shall not exceed the fees paid by you to HoneycombHQ in the three (3) months immediately preceding the claim.

19. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver: YOU AND HONEYCOMBHQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

20. Indemnification

You agree to indemnify, defend, and hold harmless HoneycombHQ and Clogenta Inc, their officers, directors, employees, and agents from any claims, damages, liabilities, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the services
  • Your violation of these Terms, the Messaging Compliance Addendum, or any applicable law
  • Content or data you submit, upload, or transmit through the platform
  • Your clients' or sub-account users' actions or violations
  • Your failure to obtain proper opt-in consent for SMS communications

21. Errors and Omissions

We reserve the right to correct errors, inaccuracies, or omissions on the platform at any time without notice.

22. Termination

We may suspend or terminate your access at any time, at our discretion, with or without notice, for violation of these Terms or any other reason.

Upon termination:

  • Your right to access the Services immediately ceases
  • You may request a data export within 30 days; after this window, we may permanently delete your data
  • All sub-accounts associated with your account may also be terminated
  • No refunds will be issued for terminations resulting from violations of these Terms

23. Account Transfers

Accounts, sub-accounts, and associated data may not be transferred, assigned, or sold to a third party without prior written consent from HoneycombHQ. Any attempted transfer without consent is void and may result in immediate account termination.

24. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable. All remaining provisions shall remain in full force and effect.

25. Entire Agreement

These Terms, together with our Privacy Policy and Messaging Compliance Addendum, constitute the entire agreement between you and HoneycombHQ regarding your use of the Services and supersede all prior agreements or understandings.

26. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.

Any legal action or proceeding not subject to arbitration under Section 19 shall be brought exclusively in the state or federal courts located in Wyoming. You consent to personal jurisdiction in such courts.

27. Modifications to Terms

We may update these Terms at any time. When we make material changes, we will make reasonable efforts to notify you. Continued use of our services after changes are posted constitutes your acceptance of the revised Terms.

28. Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, pandemics, cyber incidents, infrastructure failures, government actions, or third-party service interruptions.

29. Client Data Responsibility

You are solely responsible for maintaining independent backups of all data stored on the platform, including contacts, customer information, automation configurations, and business records. The Company does not guarantee data retention and shall not be responsible for any loss of data.

30. No Guarantee of Results

We make no guarantees regarding business outcomes, including leads generated, revenue earned, or platform performance. Results vary based on user actions, industry conditions, and external factors outside our control.

31. Limitation on Reliance

All information provided through the platform is for general business purposes only and does not constitute legal, financial, tax, or professional advice. You should consult qualified professionals before making business or legal decisions.

32. Billing and Payment Terms

All fees are due in advance. By providing a payment method, you authorize us to charge all applicable fees. Invoices are issued at the start of each billing cycle. You are responsible for ensuring your payment information remains current and accurate.

33. Subscriptions and Renewals

Subscriptions automatically renew at the end of each billing cycle unless canceled prior to the renewal date. You are responsible for canceling before renewal to avoid being charged. No partial refunds are provided for unused time remaining in a billing period.

34. Refund Policy

Due to the digital nature of our products and services — including access to software, automation systems, and educational materials — all sales are final. No refunds, returns, or exchanges will be provided once access to the Services has been granted.

In limited circumstances, and at the sole discretion of HoneycombHQ by Clogenta Inc, a refund or account credit may be issued. Refund requests must be submitted within 48 hours of initial purchase and prior to meaningful use of the platform. Nothing in this section limits any rights you may have under applicable law.

35. Failed Payments

We may suspend or restrict access to services for non-payment or failed payment attempts. You remain responsible for all outstanding balances. We reserve the right to pursue collection of unpaid amounts through available legal means.

36. Price Changes

We may update pricing at any time. We will provide reasonable advance notice of price changes. Updated pricing applies to future billing cycles.

37. Chargebacks and Billing Disputes

If you believe a charge is incorrect, you must contact us at [email protected] within 30 days of the charge before initiating a chargeback. Initiating a chargeback without first attempting resolution with us may result in immediate account termination. We reserve the right to recover all amounts owed, including chargeback fees and associated costs.

38. Acceptable Use Policy

You may not use the platform to:

  • Violate any applicable laws or regulations
  • Send unauthorized, deceptive, or unlawful communications
  • Engage in fraud, misrepresentation, or platform abuse
  • Upload or transmit harmful code, malware, or phishing content
  • Misuse platform systems or data in any unauthorized manner
  • Violate A2P, TCPA, CAN-SPAM, or other messaging regulations
  • Send SHAFT-C prohibited content (see Section 15)
  • Use automated tools to scrape, harvest, or extract data

For complete messaging-specific acceptable use requirements, refer to the HoneycombHQ Messaging Compliance Addendum.

39. Enforcement

We may suspend or terminate accounts for violations of these Terms, the Messaging Compliance Addendum, or our Acceptable Use Policy, at our sole discretion. No refunds will be issued upon termination for cause. We reserve the right to report violations to applicable regulatory or law enforcement authorities.

40. User Compliance

You are solely responsible for ensuring your use of the platform complies with all applicable laws and regulations, including SMS and telecommunications laws, data privacy regulations, A2P 10DLC carrier requirements, and marketing laws. HoneycombHQ provides tools to assist with compliance but does not guarantee compliance on your behalf and is not liable for your compliance failures.

41. Incorporated Documents

The following documents are incorporated into these Terms by reference and form part of the complete agreement between you and HoneycombHQ:

In the event of a conflict between these Terms and any incorporated document, these Terms shall control unless the incorporated document expressly states otherwise.

42. Contact Information

For any questions, concerns, or notices regarding these Terms, please contact us:

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SMS Disclosure: By providing your phone number on this site, you consent to receive SMS messages from HoneycombHQ by Clogenta Inc.

Msg & data rates may apply. Reply STOP to opt out. Reply HELP for help. We do not sell or share SMS opt-in data with third parties.