Terms of Service

1.1 Acceptance of Terms

By using Hex's services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not use our services.

1.2 Modifications

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will notify you of any significant changes, for example by displaying a notice on our website or sending an email to registered users. The date at the top of this page will always reflect when these Terms were last updated.

1.3 Eligibility

You must be at least 18 years old and legally capable of entering into a contract to use our services. By using our services, you confirm that you meet these requirements.

1.4 Prohibited Activities

You agree not to use our services for unlawful activities, including but not limited to:

• Hosting or distributing illegal content, malware, or fraudulent materials.
• Engaging in spamming, hacking, or unauthorized access to any system.
• Violating intellectual property rights or privacy laws.
• Using the website for deceptive, misleading, or unethical business practices, including false advertising or financial scams.
• Hosting or promoting content that incites violence, discrimination, or any form of hate speech.

2.1 Website Ownership

Hex websites are built on a custom architecture purpose-built for performance, security, and reliability. This is what powers the speed and quality of your site — and because it is deeply integrated into our hosting environment and APIs, it cannot be replicated outside of the Hex platform.

As a result, the underlying website code and server infrastructure remain the intellectual property of Hex. What clients own outright is everything visible and content-related — the design, layout, text, images, and branding of their website. Clients have full control over this content at all times through the website's content management system. Ownership of the underlying website code or server infrastructure is not transferred unless explicitly agreed in a separate written agreement.

2.2 Static Export & Cancellation

While the underlying website code remains the property of Hex, clients are entitled to request a static HTML export of their website's frontend at any time. This export includes all visual design, content, and styling in a portable format that can be hosted independently or handed to another developer.

• Static exports are a snapshot of the frontend only — the underlying website code, server infrastructure, and Hex API integrations are not included.
• Upon cancellation, access to Hex's APIs is revoked. Any features on your site that rely on our APIs — such as dynamic functionality or platform-specific integrations — will stop working. A developer would be needed to replace these with alternative third-party integrations if you wish to continue using them.
• Dynamic features such as contact forms may need to be rewired to a third-party service to function outside of Hex.
• Clients may request a static export at any point during their subscription, or upon cancellation. Exports will be delivered within 5 business days of the request.
• Hex makes no guarantees regarding the compatibility of exported files with any specific third-party hosting provider or development environment.

2.3 Content Ownership

Clients retain ownership of all business content they provide to Hex, including text, images, and branding elements. Clients maintain full rights to update, manage, and control this content through the website's content management system.

2.4 Third-Party Content & Licenses

Where Hex incorporates third-party content, plugins, or software into a website, clients must adhere to the respective licensing terms of those third-party elements.

3.1 Access to Website

Clients may access and use their website only while they maintain an active subscription with Hex. If a subscription is cancelled or terminated, access to the website will be revoked in accordance with section 8.

3.2 Non-Transferability

Clients may not sell, transfer, or claim ownership of the website or its underlying code unless expressly agreed in writing by Hex.

3.3 Website Modifications

Any modifications or additions to the website must be requested through Hex. Clients are not permitted to alter the website code, backend, or hosting environment without prior authorisation.

• Unauthorised modifications or attempts to alter the website's structure, functionality, or security settings may result in service suspension or termination.
• Clients may request specific design or functionality changes, and Hex will advise on feasibility and any applicable charges.
• Any third-party integrations, plugins, or scripts must be reviewed and approved by Hex before implementation to ensure compatibility and security.

3.4 Suspension & Termination

Failure to adhere to these Terms may result in the suspension or termination of services. See section 8 for full details on termination procedures and notice periods.

3.5 Data Backup Responsibility

While Hex performs regular backups as part of our hosting service, clients are encouraged to keep their own copies of any critical content they upload or modify. Hex's liability for data loss is governed by our Service Level Agreement.

4.1 Initial Fees

The initial payment covers website design, setup, and hosting access. It does not grant ownership of the website or source code.

4.2 Ongoing Subscription Fees

Clients must maintain active payments to retain access to their website. In the event of non-payment, Hex will notify the client and allow a reasonable period to resolve the outstanding balance before any suspension is applied.

4.3 Refund Policy

Clients may request a full refund within 7 days of their initial purchase. After this period, payments are non-refundable unless otherwise agreed in writing.

• Refunds will not be provided for cancelled subscriptions or unused service periods after the 7-day window.
• If a client raises a payment dispute, we ask that you contact us directly first so we can resolve it promptly. Hex may suspend services where a dispute remains unresolved after reasonable attempts at contact.
• Refund requests must be submitted in writing and will be reviewed on a case-by-case basis.

4.4 Price Adjustments

Hex may adjust pricing for services from time to time. Existing clients will be given at least 30 days' written notice of any pricing changes affecting their subscription.

4.5 Taxes & Additional Charges

All prices are exclusive of VAT unless stated otherwise. Clients are responsible for any applicable taxes, transaction fees, and additional costs associated with their purchase.

5.1 Content Submission

Clients are responsible for ensuring all content provided to Hex for use on their website is accurate, legally compliant, and does not infringe the rights of any third party. Hex is not liable for any legal issues arising from client-submitted content.

5.2 Compliance with Laws

Clients agree to comply with all applicable laws in relation to their use of our services, including copyright, data protection, and consumer protection regulations. Where Hex provides a standard privacy policy and terms of service for a client's website, the client remains responsible for ensuring their business practices align with those documents.

5.3 Security & Access

Clients must not attempt to gain unauthorised access to Hex's servers or interfere with any hosted website. Any suspected security breach or unauthorised access attempt should be reported to Hex immediately.

5.4 Proper Use of Website

Clients must not use their website for illegal, unethical, or misleading purposes.

• Websites must not contain or promote fraudulent, defamatory, obscene, or harmful content.
• Clients are prohibited from using their website to engage in deceptive marketing, phishing, or unauthorised data collection.
• Any misuse that negatively impacts Hex's infrastructure, reputation, or other clients may result in suspension or termination of services.
• Hex may review website content periodically and request the removal of any material that violates these Terms.

6.1 Service Interruptions

Hex's uptime commitments and any associated remedies for service interruptions are set out in our Service Level Agreement (SLA), which forms part of these Terms where applicable. Nothing in this section limits Hex's obligations under the SLA.

6.2 Limitation of Liability

To the maximum extent permitted by law, Hex's total liability to a client in connection with these Terms shall not exceed the total fees paid by that client in the 12 months preceding the event giving rise to the claim. Hex is not liable for any indirect, consequential, or loss of profit claims.

6.3 Indemnification

Clients agree to indemnify and hold harmless Hex, its employees, and affiliates from any claims, damages, or liabilities arising from their misuse of the services or violation of these Terms, including any third-party claims resulting from content or activities on the client's website.

6.4 No Warranties

Hex provides services " as is" and makes no guarantees regarding search engine rankings or compatibility with third-party software beyond what is expressly agreed. Uptime guarantees are governed exclusively by our SLA.

6.5 Third-Party Services

Where a client integrates third-party services into their website, Hex is not liable for any issues arising from those integrations. Support for third-party services must be sought directly from the relevant provider.

7.1 Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

7.2 Dispute Resolution

We aim to resolve any disputes quickly and fairly. If you have a concern, please contact us in the first instance and we will do our best to reach a resolution. If a dispute cannot be resolved through direct negotiation, it may be referred to arbitration or legal proceedings in England and Wales.

7.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Any invalid provision will be replaced with one that most closely reflects the original intent.

7.4 Force Majeure

Hex is not liable for any delays or failures in service caused by circumstances beyond our reasonable control, including natural disasters, government actions, cyberattacks, or disruptions from third-party infrastructure providers.

8.1 Termination by Client

Clients may terminate their subscription at any time by providing written notice to Hex. Termination does not entitle the client to a refund after the 7-day refund window. Access to the website will remain active until the end of the current billing period, after which it will be revoked.

8.2 Termination by Hex

Hex may suspend or terminate a client's service for non-compliance with these Terms, sustained non-payment after reasonable notice, or where the client's use of the website violates applicable law. Where possible, Hex will provide at least 14 days' written notice before termination, except in cases of serious or immediate breach.

8.3 Effect of Termination

Upon termination, clients will lose access to their website and all associated content stored on Hex's servers. We strongly recommend exporting or backing up any important content before cancelling.

8.4 Data Retention & Deletion

Following termination, Hex will retain website files for 30 days to allow clients to request a final backup. After this period, all data will be permanently deleted and cannot be recovered. Hex is not obligated to retain data beyond this window.

This section governs how Hex processes personal data on behalf of clients in connection with the services provided. It forms part of the agreement between Hex and the client and satisfies the requirements of UK GDPR Article 28, which requires a written contract between data controllers and data processors.

9.1 Roles

Where Hex hosts a website on behalf of a client, the client is the data controller for any personal data collected through their website (such as form submissions or visitor information). Hex acts as a data processor, processing that data only as necessary to provide the hosting and related services.

9.2 What We Process

In the course of providing our services, Hex may process the following categories of personal data on behalf of clients:

• IP addresses of visitors to hosted websites, for the purposes of DDoS protection and rate limiting.
• Form submissions from hosted websites (which may include names, email addresses, phone numbers, and any other information entered by visitors), solely to forward them to the client via ZeptoMail.

9.3 Instructions

Hex will only process personal data on behalf of a client in accordance with these Terms and any reasonable written instructions provided by the client. If Hex is required by law to process data in a way that goes beyond those instructions, we will notify the client unless prohibited from doing so by law.

9.4 Sub-Processors

By agreeing to these Terms, clients consent to Hex using the following sub-processors where necessary to deliver the services:

• ZeptoMail — used to forward form submissions from hosted websites to clients. Privacy policy: zoho.com/privacy
• Twilio — used to deliver SMS-based authentication codes to Hex platform users. Privacy policy: twilio.com/legal/privacy
• Stripe — used to process payments made to Hex. Privacy policy: stripe.com/privacy

Hex will notify clients of any material changes to sub-processors that may affect the processing of their data.

9.5 Security

Hex implements appropriate technical and organisational measures to protect personal data processed on behalf of clients, including encryption, access controls, and regular security assessments. Full details are set out in our Privacy Policy.

9.6 Data Retention & Deletion

Visitor IP addresses are retained for up to 90 days for security purposes, after which they are deleted. Form submissions are not stored by Hex — they are forwarded immediately to the client and discarded. Upon termination of a client's subscription, Hex will delete all associated data in accordance with section 8.4 of these Terms.

9.7 Data Subject Rights

Clients are responsible for handling any requests from their website visitors exercising rights under UK GDPR (such as access, erasure, or portability). Where Hex holds any relevant data on behalf of a client, we will assist the client in responding to such requests within a reasonable timeframe.

9.8 Data Breaches

In the event of a personal data breach affecting data processed on behalf of a client, Hex will notify the affected client without undue delay and provide reasonable assistance in meeting any notification obligations the client may have under UK GDPR.