Terms of Service
Last Updated: March 30, 2026
These Terms of Service ("Terms") govern your access to and use of the
websites, applications, and SaaS platforms ("Services") operated by
Hilltop Software LLC ("Company," "we," "us," or "our"), a California
limited liability company.
By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree, do not use our Services.
1. Eligibility
You must be at least 18 years old and capable of entering into a legally
binding agreement to use our Services. By using our Services, you represent
that you meet these requirements.
2. Account Registration
To access certain features, you must create an account and provide accurate,
complete information. You are responsible for maintaining the confidentiality
of your account credentials and for all activities that occur under your
account. You agree to notify us immediately of any unauthorized use.
3. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose
- Attempt to gain unauthorized access to any part of the Services
- Interfere with or disrupt the integrity or performance of the Services
- Upload viruses, malware, or any malicious code
- Scrape, crawl, or use automated tools to extract data from the Services
- Impersonate another person or entity
- Use the Services to send spam or unsolicited communications
- Reverse engineer, decompile, or disassemble any part of the Services
4. Intellectual Property
All content, features, and functionality of our Services — including but
not limited to software, code, design, text, graphics, logos, and
trademarks — are the exclusive property of Hilltop Software LLC and are
protected by United States and international copyright, trademark, patent,
and trade secret laws.
You may not copy, modify, distribute, sell, or lease any part of our
Services without prior written consent.
5. User Content
You retain ownership of content you upload to our Services ("User Content").
By uploading User Content, you grant Hilltop Software LLC a limited,
non-exclusive license to store, display, and process your content solely
for the purpose of providing the Services to you.
We do not claim ownership of your data. If you delete your account, your
User Content will be removed in accordance with our Privacy Policy.
6. Subscriptions and Payment
Certain Services require a paid subscription. By subscribing, you agree to
pay all applicable fees. Subscription terms, pricing, and billing details
are provided at the time of purchase. All fees are non-refundable except as
described in our Refund & Cancellation Policy.
We reserve the right to change pricing with 30 days' written notice.
Continued use of the Services after a price change constitutes acceptance
of the new pricing.
7. Service Availability
We strive to maintain high availability of our Services but do not guarantee
uninterrupted or error-free operation. We may modify, suspend, or discontinue
any part of the Services at any time, with or without notice.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
HILLTOP SOFTWARE LLC DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE
CORRECTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HILLTOP SOFTWARE LLC,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER
LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT
OF OR RELATING TO THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO US IN
THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Hilltop Software LLC,
its officers, directors, employees, and agents from and against any and
all claims, liabilities, damages, losses, costs, and expenses (including
reasonable attorneys' fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Any User Content you upload or transmit through the Services
11. Termination
We may suspend or terminate your access to the Services at any time, with
or without cause, and with or without notice. Upon termination, your right
to use the Services ceases immediately. Sections 4, 8, 9, 10, 12, and 13
shall survive termination.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws
of the State of California, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall
be resolved exclusively in the state or federal courts located in San Luis
Obispo County, California, and you consent to the personal jurisdiction of
such courts.
13. Arbitration Agreement
For any dispute that cannot be resolved informally, you and Hilltop Software
LLC agree to resolve it through binding individual arbitration administered
by the American Arbitration Association ("AAA") under its Commercial
Arbitration Rules. Arbitration shall take place in San Luis Obispo County,
California.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN
INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable,
the remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and Refund & Cancellation
Policy, constitute the entire agreement between you and Hilltop Software LLC
regarding the Services.
16. Changes to These Terms
We may update these Terms from time to time. We will notify you of material
changes by posting the updated Terms and revising the "Last Updated" date.
Your continued use of the Services after changes are posted constitutes
acceptance of the revised Terms.
17. Contact
For questions about these Terms:
Hilltop Software LLC
PO Box 1658
Pismo Beach, CA 93448