1. Acceptance of Terms

These Terms of Service ("Terms") constitute a binding agreement between you ("User," "you") and Hekkova ("Hekkova," "we," "us") governing your access to and use of the Hekkova platform, including the web application at app.hekkova.com, the MCP server at mcp.hekkova.com, and any associated APIs or tools (collectively, the "Service").

By creating an account, purchasing credits, or accessing the Service in any way, you agree to these Terms in full. If you do not agree, do not use the Service.

We may update these Terms from time to time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

2. Account Creation and Eligibility

To use the Service you must create an account and be at least 18 years of age. By registering, you represent that the information you provide is accurate and that you have the legal capacity to enter into a binding agreement.

You are responsible for maintaining the security of your account credentials and API keys. Do not share your API keys. You are solely responsible for all activity that occurs under your account. Report any unauthorized access to support@hekkova.com immediately.

One account per person or entity. Hekkova reserves the right to merge, suspend, or terminate duplicate accounts.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

Hekkova reserves the right to review flagged content, suspend access, and cooperate with law enforcement as required.

Note on permanence: Because moments are written to a public blockchain and to IPFS/Filecoin, Hekkova has limited or no ability to delete content once it has been minted. Review your content carefully before minting. Do not mint sensitive personal information you may need to remove.

4. Distributed Storage and Blockchain Architecture

Hekkova uses a two-layer distributed storage architecture. By using the Service you acknowledge and accept the following characteristics of that architecture.

Polygon Blockchain

Moment metadata and cryptographic proofs are recorded on the Polygon proof-of-stake blockchain. Blockchain records are public, immutable, and not controlled by Hekkova. Once a transaction is confirmed, Hekkova cannot alter or delete it. The finality and availability of blockchain records depend on the continued operation of the Polygon network, which is outside Hekkova's control.

IPFS via Pinata

Moment content is pinned to the InterPlanetary File System (IPFS) through Pinata. IPFS is a distributed protocol; content addressed by a content identifier (CID) is retrievable by any IPFS node that has a copy. Hekkova maintains pins through Pinata to ensure retrieval availability. If Hekkova ceases operations or terminates its Pinata subscription, pinning of content through Hekkova's infrastructure would stop, though content already propagated to other IPFS nodes may remain accessible.

Filecoin Archival

Hekkova submits moment content to the Filecoin network for cold archival storage as a second storage layer. Filecoin storage deals have defined durations and are governed by the Filecoin protocol. Hekkova makes reasonable efforts to maintain active storage deals, but Filecoin deal availability depends on storage provider behavior and network conditions outside Hekkova's control.

No Guarantee of Perpetual Availability

While the architecture described above is designed for long-term data durability, Hekkova does not warrant that content will remain retrievable indefinitely under all circumstances. Blockchain immutability applies to the on-chain record (proof hash, timestamp, metadata); content retrievability depends on IPFS propagation and active Filecoin deals.

Encryption and Privacy

Content stored in the new_moon phase is encrypted before being written to IPFS. The encryption key is derived from your account credentials. Hekkova does not store plaintext for encrypted moments. If you lose access to your account and cannot recover it, encrypted content may be permanently inaccessible.

5. Credit System

Minting and certain other operations on Hekkova consume credits purchased in Mint Packs.

Credit Costs

Mint Packs

Credits are sold in the following bundles ("Mint Packs"). Pricing is shown in USD and is subject to change with advance notice:

Non-Refundable; No Cash Value

All credit purchases are final and non-refundable. Credits have no cash value, cannot be transferred between accounts, cannot be sold or bartered, and will not be redeemed for cash under any circumstances. Unused credits do not expire, but will be forfeited if your account is terminated for a violation of these Terms.

Errors

If a minting operation fails due to a confirmed technical error on Hekkova's infrastructure (not due to network conditions, user error, or third-party service outages), Hekkova may, at its discretion, restore consumed credits. Contact support@hekkova.com within 7 days of the failed transaction.

6. Legacy Plan Subscription

The Legacy Plan is an annual subscription priced at $29.50/year (a figure reflecting the 29.5-day lunar cycle). Subscription terms are as follows.

Included Features

Billing and Renewal

The Legacy Plan renews automatically on each annual anniversary of the subscription start date. You will receive advance notice before renewal. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period.

What Happens When a Legacy Subscription Lapses

If your Legacy Plan subscription is cancelled or not renewed:

Refunds

Subscription fees are non-refundable except where required by applicable law. If you cancel within 48 hours of an automatic renewal charge and have not used any Legacy Plan features during that billing period, contact support@hekkova.com to request a refund; Hekkova will review such requests on a case-by-case basis.

7. Data Ownership

You own your moments. Hekkova does not claim any intellectual property rights over content you mint through the Service. You retain all rights, title, and interest in and to the content of your moments.

By using the Service, you grant Hekkova a limited, non-exclusive, royalty-free license to store, transmit, and process your content solely as necessary to operate the Service (e.g., encrypting content before writing it to IPFS, generating blockchain proofs). This license does not permit Hekkova to use your content for advertising, training machine learning models, or any purpose beyond operating the Service.

You represent and warrant that you have all rights necessary to mint the content you submit, and that doing so does not infringe the intellectual property rights of any third party.

8. Privacy and Moment Phases

Hekkova's Phase system controls the visibility of your moment content. You are responsible for understanding and intentionally setting the phase of each moment.

Phases

Phase Shifts

Changing a moment's phase (a "Phase Shift") costs credits as described in Section 5. Shifting a moment from new_moon to full_moon decrypts and publishes the content. This action cannot be undone. Once content is public on IPFS and propagated to the network, Hekkova cannot guarantee removal.

Account Data

Account data (email address, Light ID, subscription status, credit balance) is stored in Hekkova's application database. For information on how Hekkova handles personal data, see the Hekkova Privacy Policy (available at hekkova.com/privacy).

9. API and MCP Usage

Hekkova provides programmatic access to the Service via a REST API and an MCP (Model Context Protocol) server at mcp.hekkova.com/mcp. API access is authenticated with Bearer tokens prefixed hk_live_, obtained from your account dashboard.

Acceptable API Use

Rate Limiting

Hekkova reserves the right to impose rate limits on API and MCP usage at any time to maintain service quality. Rate limit thresholds may change without advance notice. Repeated or intentional circumvention of rate limits is a violation of these Terms and may result in account suspension.

AI Agent Use

The MCP server is designed for use by AI agents acting under your direction. You are responsible for the actions of any AI agent that uses your API key, including content minted and credits consumed. Hekkova is not responsible for unexpected behavior by third-party AI systems.

10. Termination

Termination by You

You may close your account at any time through your account settings. Closing your account does not delete on-chain records or IPFS/Filecoin content, which are outside Hekkova's control. Unused credits are forfeited upon account closure and are not refundable.

Termination by Hekkova

Hekkova may suspend or terminate your account immediately, without notice, if you:

For less serious violations, Hekkova may provide notice and an opportunity to cure before terminating.

Effect of Termination

Upon termination, your right to access the Service ends immediately. On-chain records and distributed storage content remain as described in Section 4. Hekkova is not obligated to provide an export of your data after termination, though it may do so at its discretion upon written request within 30 days of termination.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEKKOVA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

HEKKOVA DOES NOT WARRANT THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEKKOVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT HEKKOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HEKKOVA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO HEKKOVA IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. General Provisions

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Any dispute arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

Entire Agreement

These Terms, together with the Hekkova Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Hekkova regarding the Service and supersede all prior agreements or understandings.

Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

No Waiver

Hekkova's failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment

You may not assign your rights or obligations under these Terms without Hekkova's prior written consent. Hekkova may assign these Terms in connection with a merger, acquisition, or sale of assets without your consent.

Contact

Questions about these Terms may be directed to: support@hekkova.com