Updated April 2, 2026
READ CAREFULLY THIS SOFTWARE SERVICE AGREEMENT (“AGREEMENT”), WHICH CONTAINS THE EXCLUSIVE TERMS AND CONDITIONS BETWEEN HATCH YOUR WAY INC., 2605-199 RICHMOND ST. W. TORONTO ON, M5V 0H4 (“HATCHWAYS”), AND YOU OR THE BUSINESS ENTITY OR OTHER ORGANIZATION THAT YOU REPRESENT (“CUSTOMER”), REGARDING ACCESS AND USE OF THE HATCHWAYS SERVICE (“SERVICES”). THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD, WHO ARE ACTING FOR THEMSELVES OR IN THEIR CAPACITY AS AN EMPLOYEE OR REPRESENTATIVE OF A BUSINESS ENTITY OR OTHER ORGANIZATION. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, UNDER ALL APPLICABLE LAWS, ON BEHALF OF YOURSELF OR SUCH BUSINESS ENTITY OR OTHER ORGANIZATION. BY ACCESSING OR USING THE SERVICES IN ANY MANNER (“ACCEPTANCE”), YOU CREATE A LEGALLY ENFORCEABLE CONTRACT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION. ANY PURCHASE ORDER OR SIMILAR TERMS SHALL NOT APPLY.
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. PLEASE READ IT CAREFULLY.
Subject to the terms and conditions of this Agreement, Hatchways grants Customer a limited, personal, non-sublicensable, non-transferable, royalty-free, nonexclusive license to access and use the Services solely for (i) Customer’s internal business purposes and (ii) other purposes separately authorized by Hatchways in writing.
The Services are subject to modification from time to time at Hatchways’s sole discretion. Hatchways will use reasonable efforts to give prior notice of material modifications.
Hatchways will undertake commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for scheduled or emergency maintenance or suspension due to Customer breach, including non-payment.
Support is provided Monday through Friday during Hatchways’s normal business hours.
Customer agrees not to use the Services in any manner that violates applicable law, third-party rights, or platform integrity.
Customer and Authorized Users shall not:
Hatchways may investigate suspected violations and suspend or terminate access where reasonably necessary.
Customer will not permit unauthorized access. “Authorized User” means employees or contractors of Customer or other approved users authorized by Hatchways and bound by equivalent restrictions.
Customer will not copy, modify, reverse engineer, distribute, lease, sublicense, frame, mirror, or create competing products from the Services, except where law prohibits such restriction.
Customer will cooperate with Hatchways regarding security procedures and account controls.
Customer is responsible for account security and all account activity.
Customer indemnifies Hatchways for claims arising from Customer misuse or violations.
Customer hereby agrees to indemnify and hold Hatchways harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services.
Customer is bound by the Privacy Policy.
The Services may rely on third-party APIs, platforms, and providers (“Third-Party Services”). Hatchways does not control and is not responsible for their availability, performance, or security. Hatchways makes no warranties regarding Third-Party Services and is not liable for service degradation or failure caused by them.
Customer is solely responsible for complying with third-party terms and maintaining required permissions and accounts.
Customer acknowledges that email deliverability, inbox placement, sender reputation, and response rates depend on many factors outside Hatchways’s control.
Hatchways makes no guarantees regarding deliverability, inbox placement, response rates, or campaign outcomes.
Customer is solely responsible for email warm-up practices, compliance, and best practices. Use of the Services is at Customer’s own risk. Improper usage may negatively affect Customer’s email reputation, deliverability, or provider standing.
Hatchways is not liable for deliverability issues, domain reputation damage, or third-party email account restrictions resulting from Customer use.
Additionally, Hatchways does not guarantee the outcome of any email exchange initiated through the Services. Customer is solely responsible for doing due diligence when it comes to working with contacts provided through the Services.
Certain features of the Services may use automated systems or artificial intelligence to generate suggestions, templates, drafts, or recommendations.
Customer acknowledges that:
Customer remains fully responsible for all content sent or used through the Services.
Each party agrees to protect the other’s Proprietary Information using reasonable safeguards and limit disclosure to personnel with a need to know. Exceptions apply for public, previously known, independently developed, or lawfully obtained information, or legally compelled disclosure with notice where permitted.
Hatchways does not seek unnecessary confidential information and may treat unrelated submissions as non-confidential unless agreed otherwise.
The Services are licensed, not sold. Hatchways retains all intellectual property rights.
Customer retains ownership of Customer Data but grants Hatchways a non-exclusive license to use, process, and store Customer Data to provide the Services.
Hatchways may use aggregated, anonymized data that does not identify Customer to improve and operate its products and services.
Customer is responsible for legality and rights in Customer Data.
This Section 8A constitutes a Data Processing Agreement (“DPA”) as required by Article 28 of the General Data Protection Regulation (“GDPR”) and applies to the extent Hatchways processes Personal Data on behalf of Customer in connection with the Services.
For the purposes of this Section, “Personal Data,” “Data Controller,” “Data Processor,” “Data Subject,” “Processing,” and “Supervisory Authority” have the meanings given in the GDPR.
Customer is the Data Controller. Customer determines the purposes and means of processing Personal Data when using the Services, including when initiating outreach communications, uploading contact lists, or managing campaign data.
Hatchways is the Data Processor. Hatchways processes Personal Data solely on Customer’s documented instructions and as necessary to provide the Services.
In its capacity as Data Processor, Hatchways shall:
Customer acknowledges and agrees that:
Customer hereby provides general written authorization for Hatchways to engage the sub-processors listed below. Hatchways shall update this document to reflect addition or replacement of sub-processors.
Current Sub-Processors:
Google App Engine: Application hosting and infrastructure - All Customer Data processed through the Services
Supabase: Database storage - All Customer Data and contact data stored by the Services
Stripe: Payment processing - Customer payment and billing information
Amplitude: Product analytics and usage tracking - Usage events, device and session data
Google (Gmail API): Email sending on behalf of Customer via Customer’s own connected Gmail account - Email content and recipient data as directed by Customer
Flodesk: Newsletter communications - Customer email address and engagement data
Note regarding Gmail: The Services allow Customer to connect their own Gmail account to send outreach communications. Hatchways facilitates this connection via the Gmail API but does not independently access, store, or control the content of emails sent through Customer’s Gmail account beyond what is necessary to provide the Services. Customer’s use of Gmail is additionally governed by Google’s terms of service and privacy policy.
Hatchways shall notify Customer without undue delay after becoming aware of a personal data breach affecting Customer’s Personal Data. Such notification shall include, to the extent available:
Hatchways shall cooperate with Customer and take reasonable steps to assist in the investigation, mitigation, and remediation of the breach.
The Services include access to a database of business-to-business contact information maintained by Hatchways (“Contact Data”). With respect to Contact Data:
Upon Customer request, Hatchways will delete all Personal Data processed on behalf of Customer within thirty (30) days, except to the extent that applicable law requires continued storage. Hatchways shall confirm deletion in writing if the Customer requests it.
In the event of any conflict between this Section 8A and any other provision of this Agreement, this Section 8A shall prevail with respect to the processing of Personal Data.
Fees are charged in advance and automatically billed using the payment method on file.
Subscriptions automatically renew for successive terms unless canceled before renewal.
All payments are non-refundable unless explicitly stated otherwise in writing at time of purchase. Promotional or limited refund guarantees apply only as expressly described.
Cancellation prevents future billing but does not refund past payments except where required by law.
Unpaid Fees accrue interest at 1% per month or the maximum permitted by law. Customer is responsible for applicable taxes.
Either party may terminate for material breach with 30 days cure notice, or immediately for insolvency events.
Hatchways may suspend or terminate access immediately where Customer misuse, abuse, fraud risk, legal exposure, or security risk is reasonably suspected.
Accrued payment obligations survive termination.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. HATCHWAYS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL HATCHWAYS (OR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF HATCHWAYS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE TOTAL LIABILITY OF HATCHWAYS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF: (I) ONE HUNDRED U.S. DOLLARS (US $100), OR (II) THE FEES PAID TO HATCHWAYS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD ENDING ON THE DATE THE CLAIM OR DEMAND IS FIRST ASSERTED.
THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Any dispute arising out of or relating to this Agreement that cannot be resolved by the parties within thirty (30) days after notice of the dispute has been given by one party to the other (the last day of such period being the “Arbitration Date”) will be finally settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) then in force.
The place of arbitration will be Toronto, Canada. The arbitration will be conducted by one (1) arbitrator. If the parties cannot agree on the arbitrator within fifteen (15) days after the Arbitration Date, the arbitrator will be appointed in accordance with the ICC Rules. The language of the arbitration will be English.
The arbitrator’s decision will be final and binding and rendered in accordance with the terms of this Agreement. Judgment upon the award may be entered in any court of competent jurisdiction, or application may be made to such court for judicial recognition and enforcement of the award.
The prevailing party in any arbitration proceeding will be entitled to reimbursement from the other party of all reasonable costs and attorneys’ fees incurred in connection with the arbitration.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief at any time in any court of competent jurisdiction.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. CUSTOMER AND HATCHWAYS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
If any provision is invalid, it will be limited to preserve the remainder. Customer may not assign without consent; Hatchways may assign. This Agreement is the entire agreement and overrides prior understandings. Purchase orders do not modify it. No partnership is created.
All notices must be in writing. Hatchways is not liable for force majeure events.
This Agreement is governed by Ontario law. Courts in Toronto have jurisdiction for matters not subject to arbitration. The UN Convention on Contracts for the International Sale of Goods does not apply.
Nothing in this Agreement limits mandatory consumer rights that cannot be waived under applicable law.