Hoku Terms of Service

ALL PERSONS ACCESSING ANY HOKU PRODUCTS OR SERVICES OR ANY PERSONS WHICH HAVE PROGRAMMED, OWN, OR OPERATE AN APPLICATION, SOFTWARE, COMPUTER, ARTIFICIAL INTELLIGENCE SYSTEM, OR OTHER MACHINE TO ACCESS ANY HOKU PRODUCT OR SERVICE INDEPENDENTLY WITHOUT HUMAN INTERACTION MUST FULLY READ AND AGREE TO THE FOLLOWING TERMS OF SERVICE, AND ALL OTHER HOKU LEGAL POLICIES, THE DISCLAIMER, COPYRIGHT NOTICE, PRIVACY POLICY, AND COOKIES POLICY PRIOR TO THEIR USE OF ANY HOKU PRODUCT OR SERVICE. IF THE USER DOES NOT FULLY UNDERSTAND ANY PART OF THESE TERMS OF SERVICE, THE USER SHOULD CONSULT A LEGAL PROFESSIONAL FOR REPRESENTATION OR ADVICE.

PARTICIPANTS

The Hoku terms of service set forth is a legally binding contract in electronic form between you the Hoku User hereinafter referred to as the "User" and Hoku, a subsidiary of the Natural Earth Holding Company. Both Hoku and User together are hereinafter referred to as the "Parties". The User represents and warrants that they are eighteen (18) years of age or older (or the legal age of adulthood in the User's country) and that they are recognized as being able to form legally binding contracts under applicable law or are authorized to enter into a legal agreement on behalf of a corporate entity. If the User is under 18 years of age, the User must obtain verifiable permission from the User's parent or legal guardian to access Hoku products or services, and the parent or legal guardian must agree to these terms of service on the User's behalf.

THEFT OF INTELLECTUAL PROPERTY

The User will not copy, duplicate, clone, mirror, modify, adapt, reformat, download, store, reproduce, reprocess, transmit, redistribute, or sell any Hoku intellectual property. This includes, but is not limited to all: original source code, content, files, data, images, graphics, logos, algorithms, methods, concepts, designs, systems, frameworks, patents, patent-pending technologies, or other information or materials contained in any Hoku products or services. The User will not access, use, or incorporate any Hoku intellectual property in a commercial, non-profit, or other enterprise without obtaining prior written consent or a license. Any theft of Hoku intellectual property will be prosecuted to the full extent of the law in the United States of America and applicable international courts and tribunals.

License to User Data

While you retain ownership of the content you access and visualize through Hoku from third-party sources, you grant Hoku a limited license to display, process, and transform that content locally on your device for the purpose of providing Hoku's spatial visualization services. This license is non-transferable, non-exclusive, revocable, and terminates when you disconnect a third-party service or delete the application. Hoku does not claim any ownership rights to your content or third-party content you access through Hoku.

BROWSER AND CONTENT ACCESS

When using Hoku through a web browser or as a web-based application, you are subject to the acceptable use policies and terms of service of your web browser provider (such as Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge, etc.). Hoku is not responsible for browser functionality, compatibility issues, security vulnerabilities, or privacy practices of third-party browsers.

Content Responsibility

Hoku is a tool for visualizing and navigating information you choose to access from various sources. You are solely responsible for:

• The legality and appropriateness of content you choose to access and visualize through Hoku

• Compliance with the terms of service of any third-party platforms or services you connect to Hoku

• Respecting intellectual property rights, copyright, and licensing terms of content you access

• Ensuring your use of Hoku to access content does not violate any applicable laws or third-party agreements

• Understanding that content accessed from third-party services is subject to those services' terms, not Hoku's

Hoku provides the visualization framework but does not host, control, endorse, or take responsibility for the content you choose to access through third-party integrations. You acknowledge that third-party content is governed by the terms and policies of those respective services, not by Hoku.

THIRD-PARTY API SERVICES AND DATA ACCESS

Hoku utilizes third-party application programming interfaces (APIs) to retrieve and display content within the Hoku spatial visualization system. The third-party services currently integrated with Hoku include:

• Bluesky - Social media content and posts

• Wikipedia - Encyclopedia articles and reference content

• YouTube - Video content and metadata

User Agreement to Third-Party Terms

By accessing content from these third-party services through Hoku, you acknowledge and agree that you are also bound by the respective terms of service of each third-party provider. You are responsible for reviewing and complying with these third-party terms:

• Bluesky Terms of Service: https://bsky.social/about/support/tos

• Wikipedia Terms of Use: https://foundation.wikimedia.org/wiki/Policy:Terms_of_Use

• YouTube Terms of Service: https://www.youtube.com/t/terms

Hoku acts solely as a client application that retrieves publicly available data through these third-party APIs. Hoku does not control, modify, or take responsibility for the content, availability, accuracy, or policies of these third-party services. Any disputes, claims, or issues arising from content accessed through these third-party APIs are governed by the respective third party's terms of service, not Hoku's terms.

API Usage Compliance

You agree that your use of content accessed through these third-party APIs via Hoku will comply with:

• All applicable terms of service, acceptable use policies, and community guidelines of each third-party service

• All rate limits, usage restrictions, and technical limitations imposed by third-party API providers

• All copyright, trademark, and intellectual property rights associated with third-party content

• All applicable laws and regulations governing your access to and use of third-party content

Hoku reserves the right to add, remove, or modify third-party API integrations at any time without notice. Third-party services may change their APIs, terms of service, or discontinue service at any time, which may affect Hoku's ability to access and display their content.

Website Analytics

The Hoku website uses Google Analytics to collect anonymous usage statistics about website visitors. By accessing the Hoku website, you acknowledge and agree to the collection and processing of anonymized usage data by Google Analytics in accordance with Google's Terms of Service https://marketingplatform.google.com/about/analytics/terms/us/ and Google's Privacy Policy https://policies.google.com/privacy. This analytics collection applies only to the Hoku website and does not apply to the Hoku application itself, which remains a local, client-side tool with no data collection as described in the Privacy Policy.

You may opt out of Google Analytics tracking by using the Google Analytics Opt-out Browser Add-on or by adjusting your browser's cookie settings.

DATA STORAGE AND USER RESPONSIBILITY

All Spatial Structures and Data Storage

All data you create through Hoku, including spatial information structures, ingested content, navigation history, emotional classifications, expansion states, connection topologies, and user preferences, is stored exclusively on your local device using browser local storage, IndexedDB, or platform-specific storage mechanisms.

Your Responsibility for Data Backup

You are solely responsible for backing up any data you wish to preserve. Hoku provides functionality to export your spatial structures in JSON format. You should regularly export and save these backups to a secure location of your choosing (such as cloud storage, external drives, or other backup media).

Recommended backup locations include:

• Cloud storage services (Google Drive, Dropbox, iCloud, OneDrive, etc.)

• External hard drives or USB drives

• Network-attached storage (NAS) devices

• Your computer's local file system with regular backups

Data Deletion

• Deleting the Hoku application will permanently delete all associated data from your device

• Clearing your browser cache or local storage will delete all Hoku data

• You can manually delete all Hoku data at any time through the Settings menu within the application

• Once deleted, data cannot be recovered by Hoku

Hoku Is Not Responsible For Data Loss

Hoku is not liable for any loss of data resulting from:

• Device failure, damage, loss, or theft

• Application deletion or uninstallation

• Browser cache clearing or local storage deletion

• Operating system updates or device resets

• Corrupted storage or file system errors

• Storage quota limitations imposed by browsers

• User error or accidental deletion

• Malware, viruses, or security breaches

• Hardware failures or software conflicts

• Power outages or system crashes

• Any other cause

You acknowledge that maintaining backups of important data is your sole responsibility and that Hoku cannot recover lost data.

ILLEGAL AND UNSOLICITED ACTIVITIES

The User agrees not to engage in any hacking, cyber intrusions, fraud, spying, theft, or any other types of hacking activities directed either towards Hoku, its subsidiaries, partners, or other Hoku Users through the use of any Hoku products or services. This includes, but is not limited to: backdoors, malware, trojan horses, ransomware, spyware, worms, viruses, or other malicious code. The User agrees not to commit any security breaches or damage to any Hoku system. Any violations will be reported immediately to the Cyber Division of the Federal Bureau of Investigation (FBI) and all other applicable law enforcement agency for inquiry and possible prosecution under the Computer Fraud and Abuse Act (CFAA) of 1986, and all other applicable local, state, Federal, international, and other country laws or regulations.

The User agrees not to use any Hoku product or service for any unlawful purpose or in furtherance of illegal activities. This includes, but is not limited to: buying, selling, or facilitating transactions of illegal products or services, as well as certain types of regulated products or services.

The User agrees not to engage in, promote, or encourage any type of violence, harassment, hate speech, terrorism, violent extremism, and other similar types of behavior towards anyone through the use of any Hoku products or services.

The User agrees not to engage in any unsolicited activities through the use of any Hoku products or services. This includes, but is not limited to: spam, the promotion of any other products or services, and the selling of any products or services. The User agrees to comply with the US CAN-SPAM Act of 2003 and all other applicable local, state, Federal, international, and other country unsolicited communication and anti-spam laws and regulations that govern marketing communications or emails.

The User agrees not to use any robots or intelligent agents of any kind, including but not limited to spiders, spiderbots, web crawlers, crawlers, scrapers, bots, artificial intelligence, and Internet bots, to access, download, archive, map, or index any Hoku products or services for any purposes unless expressly authorized by Hoku beforehand.

The User agrees not to use Hoku to violate the terms of service, API usage limits, rate limits, or acceptable use policies of any third-party services, platforms, or APIs that are accessed through Hoku. This includes but is not limited to excessive requests, automated scraping beyond permitted limits, circumvention of access controls, or any use that would violate the policies of connected services such as social media platforms, content APIs, or data sources. Users are responsible for understanding and complying with the terms of service of all third-party services they access through Hoku.

Hoku will report to the appropriate law enforcement agency any User actions that may be illegal, and any reports that are received of any such violation of any laws or regulations. When legally required or at Hoku's discretion, Hoku will fully cooperate with law enforcement agencies in any investigation of alleged illegal activities that have been done through the use of any Hoku products or services.

The User will be held liable under all applicable local, state, Federal, international, and other country laws and regulations for any and all monetary damages that arise from any lawsuits either from Hoku or any third party as a result of any illegal or malicious actions done directly by the User.

PERSONAL & INTERNAL BUSINESS USE ONLY

Internal Business & Personal Use License Hoku grants the User a limited, non-exclusive, and revocable license to use Hoku products and services for personal or internal business operations. While the User may utilize the software to organize information or facilitate workflow within their own company, this license strictly prohibits any commercial exploitation of the software itself. This includes, but is not limited to, selling, leasing, or sub-licensing the software, or using it to provide paid services to third parties.

The User retains ownership of any spatial arrangements or information structures created using the software. However, the underlying software, algorithms, and proprietary methods remain the exclusive intellectual property of Hoku.

Usage Rights & Ownership

• What you can do: Use Hoku for your personal projects or to help run your business/company internally.

• What you cannot do: You may not sell Hoku, package it as part of a paid service, or use it to generate direct revenue (e.g., charging others to access your Hoku-powered tools).

• Ownership: You own your data and the spatial structures you create. We own the software, the code, and the magic under the hood.

• The Fine Print: This is a license to use our IP, not a transfer of ownership.

PREMIUM SUBSCRIPTION

Hoku offers premium features and enhanced functionality through a subscription service. Subscriptions may be offered as monthly, annual, or other recurring payment plans, or as one-time lifetime purchases.

Subscription Processing

All subscription payments are processed through the platform's payment system (Apple App Store, Google Play Store, Stripe, PayPal, or other authorized payment processors). By purchasing a subscription, you acknowledge that:

• The payment transaction is between you and the payment processor

• Hoku follows the refund, billing, and subscription management policies of the respective payment platform

• You are responsible for managing your subscription, including cancellation, through the payment platform's interface

• Subscription fees are subject to change with notice

• Failure to pay subscription fees may result in suspension or termination of premium features

Hoku reserves the right to modify, add, or remove premium features at any time with reasonable notice to subscribers.

Refunds and Cancellations

Refund and cancellation policies are governed by the payment processor's terms:

• Apple App Store subscriptions: Managed through Apple's subscription system

• Google Play Store subscriptions: Managed through Google Play's subscription system

• Web-based subscriptions: Subject to the specific payment processor's refund policy

Please refer to the payment processor's terms for detailed information on billing cycles, automatic renewal, cancellation procedures, and refund eligibility.

Free Trial Periods

Hoku may offer free trial periods for premium subscriptions. By starting a free trial:

• You authorize automatic conversion to a paid subscription at the end of the trial period unless you cancel before the trial ends

• You must provide valid payment information to begin the trial

• You can cancel at any time during the trial period to avoid charges

• Each user is typically limited to one free trial per account or device

MODIFICATION OR DISCONTINUANCE OF HOKU PRODUCTS OR SERVICES

Hoku reserves the right, at any time, to modify or discontinue, temporarily or permanently, any Hoku product or service, and/or to refuse or restrict the User from access to any Hoku product or service, with or without notice and at the sole discretion of Hoku. This includes but is not limited to:

• Modifying features, functionality, or user interface

• Discontinuing support for certain platforms or devices

• Changing subscription pricing or feature availability

• Removing or restricting access to third-party integrations

• Suspending service for maintenance or technical issues

TERMINATION OF ACCESS

Hoku reserves the right to terminate and block the User's access to any Hoku product or service for any action that Hoku determines is inappropriate, disruptive, or in violation of these terms of service. Hoku also reserves the right to terminate and block the User's access to any Hoku product or service, with or without cause and with or without notice, for any reason or no reason, and in its sole discretion.

Upon termination:

• Your license to use Hoku is immediately revoked

• You must cease all use of Hoku products and services

• You should export and back up any data you wish to preserve

• All local data stored on your device associated with Hoku will be deleted upon application removal

• Subscription fees are non-refundable except as required by applicable law or payment processor policies

HEALTH AND SAFETY WARNING

Hoku's three-dimensional visualization system may contain moving visual elements, transitions, animations, and dynamic content that could potentially trigger symptoms in individuals with photosensitivity, epilepsy, or vestibular disorders. Additionally, use in virtual reality or augmented reality environments may cause motion sickness, disorientation, or eye strain.

If you or any family members have a history of epilepsy, photosensitivity, motion sickness, vestibular disorders, or similar conditions, consult a physician before using Hoku, especially in VR/AR modes.

Stop Using Immediately If You Experience:

• Dizziness, vertigo, or disorientation

• Nausea or motion sickness

• Vision changes or eye strain

• Headaches or migraines

• Muscle twitches or involuntary movements

• Confusion or loss of awareness

• Seizures or convulsions

For extended Hoku use sessions, take regular breaks (recommended: 10-15 minutes of rest per hour of use), and limit the duration of VR/AR sessions according to manufacturer recommendations. Hoku is not liable for any health effects resulting from use of its products or services.

FEEDBACK

If the User sends or transmits any comments, questions, suggestions, errors, ideas, thoughts, knowledge, concepts, techniques, content, screenshots, diagrams, or other communications, data, or information (collectively known as, "Feedback") to Hoku, whether by email, postal mail, telephone, in person, or otherwise, suggesting or recommending changes or improvements to Hoku products or services, including, without limitation, new features or functionality relating to Hoku products or services, all such Feedback is, and will be treated as, non-confidential and non-proprietary. When submitting Feedback the User hereby relinquishes all right, title, and interest in, and Hoku is free to use in any manner, without any attribution, compensation, or notice to the User, any comments, questions, suggestions, errors, ideas, thoughts, knowledge, concepts, techniques, content, screenshots, diagrams, or other communications, data, or information contained in the Feedback, whether or not patentable, trademarkable, or copyrightable, for any purpose whatsoever. This includes, but is not limited to: displaying, reproduction, distribution, developing, manufacturing, licensing, marketing, and selling, directly or indirectly, in Hoku products or services.

FORCE MAJEURE

In no event shall Hoku be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns, interruptions, or malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, Hoku agrees to make a good faith effort to perform their obligations hereunder and shall not be liable for damages to the User for any damages resulting from such failure to perform or otherwise from such causes.

INDEMNIFICATION

The User agrees, at their own expense, to indemnify defend, and hold harmless Hoku, its officers and directors, employees, users, affiliates, partners, subsidiaries, agents, and their respective successors and assigns, and upon all other persons, if any, who controls any thereof, against any loss, liability, claims, suits, actions, or other proceedings arising in connection with any Hoku product or service. Hoku's cooperation for any such defense is made without waiver of any attorney-client, work-product, or other legal privileges. The User agrees to be responsible and liable for any and all costs, damages and expenses incurred in investigating, preparing or defending against any litigation commenced or threatened, or any claim, suit, action, or other proceeding whatsoever. This includes, but is not limited to, all attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claims, suits, actions, or other proceedings.

GOVERNING LAW AND JURISDICTION

The construction, interpretation, and enforcement of these terms of service shall be governed by and construed in accordance with the laws of the State of Wyoming where Hoku is headquartered. The User irrevocably (a) submits to the non-exclusive jurisdiction of the Federal and state courts in the venue of the First Judicial District, Laramie County, Wyoming, United States for the purpose of any claim, suit, action, or other proceeding arising out of these terms of service or anything related to a Hoku product or service, (b) agrees that all claims in respect of any such claim, suit, action, or other proceeding may be heard and determined by any such court, (c) waives to the fullest extent permitted by applicable law, any immunity from the jurisdiction of any such court or from any legal process, (d) agrees not to commence any such claim, suit, action, or other proceeding other than in such courts, and (e) waives, to the fullest extent permitted by applicable law, any claim that any such claim, suit, action, or other proceeding is brought in an inconvenient forum.

MODIFICATION

Hoku may modify these terms of service at any time. Hoku will make an effort to publicize these changes with notification given through the Hoku products and services and with an email message to users who have provided contact information, but the User is solely responsible for checking these terms of service periodically for changes. If the User does not agree to the changes, the User must stop using Hoku products and services. Continued use by the User of Hoku products and services after the effective date of any changes means that the User agrees to the changes. If a court of law finds that any provision in these terms of service is invalid or unenforceable, the remaining provisions in these terms of service will continue to be valid and enforceable.

TERMINATION

The User or Hoku may terminate these terms of service with or without cause at any time and effective immediately. The User may terminate these terms of service by discontinuing the use of all Hoku products and services and destroying all saved and cached data, content, files, images, graphics, logos, information, and other materials obtained from Hoku products and services. Hoku will terminate these terms of service immediately without notice if Hoku determines that the User has failed to comply with any provision of these terms of service. Hoku shall have all rights and remedies available to it at law or in equity resulting from the User violating these terms of service. Upon notice of termination of these terms of service by Hoku, the User must destroy promptly all saved and cached data, content, files, images, graphics, logos, information, and other materials obtained from Hoku products and services, and any other provision of these terms of service that by its nature should survive, shall survive any termination of these terms of service.

ENTIRE TERMS OF SERVICE

The Parties acknowledge and agree that this document shall constitute the entire terms of service between the Parties for the products and services being provided to the User by Hoku. These terms of service and the other legal policies and schedules referred to herein constitute the entire terms of service and supersede all other prior agreements, contracts, negotiations, communications, writings, and understandings, both written and oral, among or between any of the Parties, with respect to the subject matter hereof and thereof. No other agreement or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by Hoku which are not expressly set forth in these terms of service. These terms of service may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.

ACKNOWLEDGEMENT

The User represents that they have fully read, understand, and agree to be bound by the terms of service for all Hoku products and services. The User also signifies that they acknowledge and assent to all other Hoku legal policies, the Disclaimer, Copyright Notice, Privacy Policy, and Cookies Policy which are accessible from the Hoku website or application. If the User refuses to accept the Hoku terms of service or any of the aforementioned Hoku legal policies, such User may not legally use any of the Hoku products or services. Any terms and conditions proposed by a User which are in addition to or which conflict with these terms of service or with any of the aforementioned Hoku legal policies are expressly rejected by Hoku and shall be of no force or effect.

By registering, logging in to, accessing, or using any Hoku product or service, this constitutes a legal and valid electronic signature and hence, represents evidence that you the user of any Hoku product or service fully understand and recognize the Hoku terms of service.

Questions about the Hoku terms of service can be sent to: Hoku Legal Department

The Hoku terms of service was last updated on January 26, 2026.