Terms

1. Who these terms are between

These terms are an agreement between Hexmark Labs, Inc., a Delaware corporation (“Hexmark”, “we”), and the business that uses hexmark.io, asks for a brief, or subscribes to Hexmark (“you”). If you accept them for a company, you are confirming you have the authority to bind it.

Hexmark is sold to businesses. It is not a consumer product, and these terms are not written for personal use.

You accept these terms by checking the box at checkout, by starting a trial, or by using the service. If you and Hexmark have signed a separate agreement or order form, that document governs where it conflicts with these terms.

2. This site and the free brief

The brief is free, one per email address, and is an estimate built from public data for the address or market you name. We may change it, limit it or stop offering it. We use the email address you give us to send the brief and to follow up about it, as the privacy page describes.

Prices published on this site are current on the date shown and are not an offer. The price you pay is the one shown at checkout or in a signed order form.

3. Trials

If we offer you a trial, it is free for the length shown when you start it, and it works from public data only: connecting your own data is part of a paid subscription. One trial per business.

A trial started online needs a payment method. Nothing is charged during the trial. When it ends, it becomes a paid subscription on the plan and seats you chose, and the first 12-month term under section 5 begins, unless you cancel before the trial ends.

You can cancel a trial at any time before it ends from Settings in the app, and it then ends on its scheduled date with nothing charged. When a trial ends without becoming a subscription, your account becomes read-only, and section 10 applies to anything you entered.

4. What a subscription includes

The Growth plan is $1,200 a month and includes 4 seats. Each seat beyond 4 is $250 a month. A subscription always has at least 4 seats.

A seat is a named person who signs in and works in Hexmark: sets the customer definition, connects data or changes settings. A viewer can read maps, ring reports and briefs but cannot change the definition or reach settings. Viewers are free and unlimited. Seats belong to one person each and may not be shared, though you can reassign a seat when someone leaves.

You can add seats at any time; they are billed from the day they are added. Removing seats takes effect at the start of your next term.

5. The 12-month term, and renewal

A subscription is a 12-month commitment, billed monthly. The first term starts on the day of your first payment. If your subscription began with a free trial, that is the day the trial ends: the trial is not part of the term.

At the end of each term the subscription renews automatically for another 12 months unless you or we give notice of non-renewal at least 30 days before the term ends. We will email your account’s admins a reminder before each renewal date.

6. Fees and payment

Fees are charged monthly in advance to the payment method you provide, through our payment processor, Stripe. You authorize those recurring charges for the length of each term. Fees are in US dollars and exclude taxes, which you are responsible for apart from taxes on our income.

Onboarding, where you choose it, is a separate fee agreed in writing before the work starts. It is not part of the subscription and is waived if your team connects its own data.

If a payment fails and is still unpaid 15 days after we tell you, we may suspend access until it is paid. Suspension does not end the term or the fees owed under it.

We may change prices for a future term by telling you at least 60 days before it starts. A price change never applies to a term already under way.

7. Cancelling

Cancelling means giving notice that you will not renew. The fees for the rest of the current 12-month term remain due, and your access continues until the term ends.

To cancel, email hexmark@hexmark.io from an admin account. Except as these terms say otherwise, fees already paid are not refundable.

A trial is different: it can be cancelled from Settings before it ends, with nothing owed, as section 3 describes.

8. Ending the agreement for breach

Either party may end a subscription if the other materially breaches these terms and does not fix the breach within 30 days of written notice. If you end it because of our uncured breach, we refund any fees paid for the period after it ends, and no further fees are owed. We may also suspend access immediately if your use threatens the security of the service or breaks the law.

9. Your data

The customer records, locations and settings you bring to Hexmark (“your data”) remain yours. You give us permission to host, process and display your data only to provide the service to you. We do not sell it, and we do not use it to serve any other customer.

You are responsible for having the right to share your data with us. Hexmark is built to work from a customer ID and a ZIP code or coordinates, and the product has no field for a name, a street address, an email, a phone number or a date of birth. Please don’t try to put that information into other fields.

We may use aggregated information about how the service is used, which does not identify you or your customers, to run and improve it.

10. When a subscription ends

When a subscription or trial ends, your account stays available read-only for 30 days so you can export what you need. After that we delete your data from the service, including copies we made from your connected warehouse, within a further 30 days. Your own warehouse is never changed by this. We keep the account and billing records we are required to keep by law.

11. Acceptable use

You agree not to resell or sublicense access to Hexmark, share seat logins, copy or scrape the service or its data in bulk, reverse engineer it, get around its access controls or limits, use it to build a competing product, or use it in a way that breaks the law. You are responsible for what happens under your account’s seats.

12. Our service, and the reports it produces

Hexmark, including its software, methodology and maps, belongs to us. You may use the reports, maps and briefs it produces for your own business, and share them with your advisors, lenders, brokers, investors and board.

Hexmark draws on third-party data, including US Census Bureau data, Overture Maps data and OpenStreetMap, each under its own license. Map data © OpenStreetMap contributors.

13. Estimates, not guarantees

Hexmark’s numbers are modelled estimates built from public data and the data you provide. They are meant to inform a decision, not make it. We do not promise that any site, market or forecast will perform as estimated, and decisions about where to open, lease or invest remain yours.

14. Confidentiality and security

Each of us will protect the other’s non-public information with at least reasonable care and use it only for this agreement. That does not cover information that is public, already known, independently developed, or that must be disclosed by law.

We keep reasonable technical and organizational safeguards around your data, and we will tell you without undue delay if we learn of a breach affecting it.

15. Warranty and disclaimer

We promise the service will work materially as described on this site during your term. If it does not and we cannot fix it within a reasonable time, you may end the subscription and we will refund fees paid for the period after that. Otherwise the service is provided “as is”, and to the extent the law allows we disclaim all other warranties, including merchantability, fitness for a particular purpose and accuracy.

16. Limits of liability

Neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, even if told they were possible.

Each party’s total liability under this agreement is limited to the fees you paid or owe in the 12 months before the claim arose, or $100 for the free brief and trials. These limits do not apply to your obligation to pay fees, to either party’s obligations under section 17, or to liability that cannot be limited by law.

17. Claims by third parties

We will defend you against a third-party claim that the service, used as these terms allow, infringes that party’s intellectual property, and pay the resulting damages we are ordered or agree to pay. You will do the same for us against claims arising from your data or from your use of the service in breach of these terms. The party seeking protection must tell the other promptly and let it control the defense.

18. Changes to these terms

We may update these terms, and the date at the top will change when we do. For a subscription under way, a change takes effect at your next term unless it is required by law or does not reduce your rights, and we will email your admins at least 30 days before it applies to you.

19. Governing law

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Disputes will be heard in the state or federal courts located in Delaware, and both parties consent to their jurisdiction. Either party may seek urgent relief to protect its intellectual property or confidential information in any court that has jurisdiction.

20. Everything else

These terms, with any signed order form, are the whole agreement about their subject. Neither party may assign it without the other’s consent, except to a successor in a merger or sale of the business. Neither party is responsible for delays caused by events beyond its reasonable control. If a provision is unenforceable, the rest still applies, and not enforcing a provision is not a waiver of it. We will not name you as a customer without your permission. Notices to us go to hexmark@hexmark.io, and notices to you go to your account’s admin email addresses.