1. Acceptance
These Terms of Service (“Terms”) govern your access to and use of HardOut.io (the “Service”), operated by Water Palaver Ltd, a company registered in England and Wales (company no. 17267842) at Station House Station Approach, East Horsley, Surrey, United Kingdom, KT24 6QX (“HardOut.io”, “we”, “us”).
By creating an account, clicking “I agree”, or otherwise accessing the Service, you confirm that you have read these Terms and agree to be bound by them. If you do not agree, do not use the Service.
If you are agreeing on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to that entity.
2. The service
HardOut.io is a web-based production planning tool for film and photography production teams. Features include project management, scheduling, location and casting management, finance documents (quotes, invoices, purchase orders, equipment hire), call sheets and shot lists. Features may change, be added or removed at our discretion.
The Service is provided “as is”. We do not guarantee any particular outcome from your use of it.
3. Accounts
You must be at least 18 years old to create an account. You agree to provide accurate information and to keep it current. You are responsible for all activity that occurs under your account and for keeping your password secure. Notify us immediately at the support form if you suspect unauthorised use.
Account owners (“Owners”) may invite other users (“Team Members”) to projects. Owners are responsible for the actions of their Team Members.
4. Subscriptions & billing
Each active project is billed as its own subscription at £150 per month (or the equivalent price in your chosen billing currency), in advance, via Stripe. There is no additional charge per Team Member. All prices are in pounds sterling (GBP) unless otherwise stated and exclusive of VAT (where applicable).
Free trial. The first project on an account includes a 7-day free trial. A payment method is required to start it, and the subscription is charged automatically when the trial ends unless the project is archived first. Subsequent projects are billed from the day they are created.
You authorise us to charge your chosen payment method for all fees due. If a payment fails we may suspend access until payment is resolved. Subscriptions auto-renew until cancelled.
Cancellation.You cancel a project's subscription by archiving the project. Cancellation takes effect immediately, and we refund the unused portion of the current billing period, calculated pro rata, to the original payment method. No refund is due for a project that is still in its free trial.
Reactivation. An archived or cancelled project can be reactivated at any time. Reactivation starts a new subscription at the current price, billed from the day of reactivation.
Price changes.We will give at least 30 days' notice before any price change. New prices take effect on your next renewal after the notice period.
5. Acceptable use
You agree not to:
- upload content that is illegal, infringing, defamatory, obscene, or harmful;
- use the Service to send unsolicited communications, spam, or malware;
- attempt to access another customer's data, accounts, or projects;
- reverse engineer, decompile, or attempt to extract source code from the Service;
- scrape, mirror, or republish substantial parts of the Service or data within it;
- circumvent rate limits, seat counts, or other technical restrictions;
- use the Service to build a competing product.
We may suspend or terminate accounts that breach this clause without notice. Where possible, we will give you a chance to remedy the breach first.
6. Your content
You retain ownership of all content you upload or create in the Service (“Your Content”), including project data, images, line items, quotes and call sheets.
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display and process Your Content solely as necessary to operate and improve the Service. This licence ends when you delete the content or close your account, except where retention is required by law or for backup purposes (see Privacy Policy).
You are responsible for ensuring you have the rights to upload Your Content, and that doing so does not infringe any third party's rights.
7. Confidentiality
Each party agrees to treat the other's confidential information (including, for HardOut.io, the non-public elements of the Service; for you, Your Content) in confidence and to use it only as necessary to perform under these Terms. This obligation survives termination.
8. Intellectual property
The Service, including all software, designs, text, graphics, logos, and the “HardOut.io” brand, is owned by Water Palaver Ltd and protected by intellectual property laws. No rights are granted to you beyond the limited right to use the Service per these Terms.
If you provide us with feedback or suggestions, you grant us an unrestricted right to use them without obligation to you.
9. Privacy
Our handling of personal data is described in our Privacy Policy, which forms part of these Terms.
10. Termination
Either party may terminate these Terms at any time. We may terminate or suspend your account immediately if you breach these Terms, fail to pay, or use the Service in a way that risks harm to us or other customers.
On termination: (a) your right to use the Service ends; (b) you can export Your Content for 30 days after termination, after which we may delete it; (c) any accrued fees remain payable.
11. Warranties & disclaimers
The Service is provided on an “as is” and “as available” basis. Except where prohibited by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any content will be accurate or reliable.
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under English law.
12. Limitation of liability
Subject to clause 11, our total aggregate liability to you under or in connection with these Terms is capped at the greater of (a) the fees you paid us in the 12 months preceding the event giving rise to the claim, or (b) £100.
We are not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, whether or not foreseeable.
13. Indemnity
You agree to indemnify and hold harmless Water Palaver Ltd from any third-party claims arising out of (a) Your Content, (b) your breach of these Terms, (c) your violation of any law or third-party right, or (d) your unauthorised use of the Service.
14. Changes
We may update these Terms from time to time. If changes are material we will email you and post a notice in-product at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
15. Governing law
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.