These Terms of Service (the "Terms") govern your access to and use of the websites, mobile applications, services, and platform provided by Hawkeye 247 Solutions Inc. ("Hawkeye," "we," "us," or "our"), a U.S.-incorporated intelligence and response technology company headquartered in Apex, North Carolina. By accessing or using our website, mobile applications, or any services we provide (collectively, the "Services"), you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, downloading our mobile application, requesting a briefing, entering into an engagement with Hawkeye, or otherwise accessing the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Services.
2. Description of Services
Hawkeye operates the Hawkeye Global Intelligence and Operations Center (the "GIOC"), a 24/7 facility staffed by trained analysts, together with a sensor-agnostic technology platform and associated mobile applications. The Services include real-time monitoring, response coordination, intelligence reporting, and related software and operational capabilities. The specific scope of any engagement is defined in a separate written agreement (a "Master Service Agreement," "Engagement Letter," or "Statement of Work") between you or your organization and Hawkeye. These Terms supplement, and do not replace, any such agreement.
3. Not an Emergency Service
Hawkeye is not a substitute for 911 or other public emergency services. In any life-threatening emergency, you should contact your local emergency services directly. While Hawkeye's GIOC operates around the clock and coordinates response under engagement-specific terms, response capability, jurisdictional reach, sensor coverage, and notification timing vary by engagement and are defined per contract. Hawkeye does not guarantee any specific response time, outcome, or that any particular incident will be detected or resolved.
4. Eligibility
You must be at least 18 years of age and capable of entering into a binding agreement to use the Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. The Services are not intended for use by individuals under the age of 13.
5. Account Registration and Security
If you create an account or download our mobile application, you agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for safeguarding your credentials and for any activity that occurs under your account. You agree to notify Hawkeye immediately of any unauthorized use.
6. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
- Interfere with, disrupt, or attempt to gain unauthorized access to the Services, our systems, or any related infrastructure.
- Reverse engineer, decompile, or attempt to derive source code from any Hawkeye software, except as expressly permitted by law.
- Use the Services to harass, threaten, stalk, defraud, or harm any person.
- Submit false, misleading, or fraudulent reports or signals through the platform.
- Resell, sublicense, or commercially exploit the Services without our prior written consent.
- Use the Services in a manner that interferes with our ability to deliver service to other users.
7. Intellectual Property
All content, software, technology, trademarks, logos, and other intellectual property associated with the Services are owned by Hawkeye or its licensors and are protected by U.S. and international intellectual property laws. Subject to your compliance with these Terms, Hawkeye grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. No other rights are granted by implication, estoppel, or otherwise.
8. User Submissions
You retain ownership of any content, data, or information you submit to the Services ("User Submissions"). By submitting User Submissions, you grant Hawkeye a worldwide, royalty-free license to use, store, process, and transmit such submissions as necessary to provide the Services, comply with legal obligations, and improve our platform. You represent that you have all rights necessary to submit such content and that the submission does not violate any third-party rights or applicable law.
9. Third-Party Services
The Services may integrate with or contain links to third-party services, sensors, devices, or websites. Hawkeye is not responsible for the content, accuracy, or practices of any third party. Your use of third-party services is governed by the applicable third party's terms and policies.
10. Fees and Payment
Engagement fees, pricing structures, and payment terms are set out in your applicable Master Service Agreement, Engagement Letter, or Statement of Work. Unless otherwise specified, fees are non-refundable. Hawkeye reserves the right to suspend the Services for non-payment.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. HAWKEYE DOES NOT WARRANT THAT THE SERVICES WILL PREVENT, DETECT, OR RESOLVE ANY PARTICULAR INCIDENT OR THREAT. NO ADVICE OR INFORMATION OBTAINED FROM HAWKEYE OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HAWKEYE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF HAWKEYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HAWKEYE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO HAWKEYE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION APPLIES SEPARATELY FROM AND IN ADDITION TO ANY LIMITATIONS IN AN APPLICABLE ENGAGEMENT-LEVEL AGREEMENT.
13. Indemnification
You agree to indemnify, defend, and hold harmless Hawkeye and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, your User Submissions, or your violation of these Terms or any applicable law.
14. Termination
Hawkeye may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. You may stop using the Services at any time. Provisions of these Terms that by their nature should survive termination will survive, including without limitation intellectual property, disclaimers, limitations of liability, and dispute resolution provisions.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Wake County, North Carolina, and you consent to the personal jurisdiction of those courts. You and Hawkeye each waive any right to a jury trial.
16. Changes to These Terms
Hawkeye may update these Terms from time to time. The updated Terms will be posted at the same URL with a revised effective date. Material changes will be communicated through the Services or by other reasonable means. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
17. Contact
If you have questions about these Terms, contact us at:
Hawkeye 247 Solutions Inc.Apex, North Carolinainfo@hawkeye247.com(919) 439-7110
