Terms of Service

HummingDeck is a platform for sharing documents and presentations and for tracking recipient engagement with them. We provide hosting, share-link generation, engagement analytics, deal rooms, and related features. Features and availability may change as we continue to develop the product.

You must be at least 16 years old, or the age of digital consent in your country if that age is higher, to use HummingDeck. If you use HummingDeck on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and in that case "you" refers to that organization.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate information and keep it current. Notify us promptly at hello@hummingdeck.com if you believe your account has been accessed without authorization.

You retain all ownership of the documents, files, and other content you upload or share through HummingDeck ("Customer Content"). You grant HummingDeck a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and display Customer Content solely to the extent necessary to provide and maintain the service for you. This includes generating thumbnails, converting files for viewing, and delivering shared links to your recipients. This license ends when you delete the relevant content or close your account, except for residual copies held in backups that are overwritten in the ordinary course of business.

You represent that you own or have the necessary rights to your Customer Content and that it does not infringe or violate the rights of any third party.

You agree not to use HummingDeck, and not to permit anyone else to use it, to:

• host, share, or link to content that is illegal, infringing, defamatory, or that violates the rights of others;
• distribute malware, ransomware, or other harmful code, or host phishing pages, credential-harvesting forms, or deceptive landing pages;
• send spam or distribute links through bulk unsolicited messaging;
• impersonate any person or organization, or misrepresent your affiliation in a deceptive way;
• upload content that sexually exploits minors, or that promotes terrorism, violence, or unlawful harm;
• attempt to gain unauthorized access to the service, other users' accounts, or our infrastructure, or probe, scan, or test the vulnerability of our systems without authorization;
• interfere with or disrupt the integrity or performance of the service, including through denial-of-service attacks or automated scraping; or
• use the service in violation of any applicable law or regulation.

Reporting abuse and takedown. If you believe content shared through HummingDeck violates this policy or your rights, including copyright, report it to hello@hummingdeck.com with the relevant URL and a description of the issue. We operate a notice-and-takedown process: on receipt of a valid report, we will review the content and may remove or disable access to it. For copyright claims, please include the information required for a standard infringement notice, namely identification of the protected work, the infringing URL, your contact details, and a good-faith statement. We may reinstate content following a valid counter-notice.

HummingDeck's engagement analytics let you see how recipients interact with the documents you share, including pages viewed, time spent, and, where you use recipient-specific links, the identity of the viewer. You are solely responsible for using these features lawfully. This includes having a valid legal basis for tracking your recipients and providing any notices to, or obtaining any consents from, your recipients that applicable law requires, for example under the GDPR or the ePrivacy Directive. Where you act as a data controller and HummingDeck processes viewer data on your behalf, that processing is governed by our Data Processing Agreement, which allocates these responsibilities to you. HummingDeck does not provide viewer-facing notices or collect viewer consent on your behalf.

The HummingDeck service, including its software, design, and trademarks, is owned by HummingDeck and protected by copyright, trademark, and other intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the service; they do not transfer any ownership in the service to you. This section does not affect your ownership of your Customer Content.

The service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure, and we do not offer any service-level or uptime guarantee unless separately agreed in writing. Engagement analytics are provided on a best-effort basis and may be affected by bot filtering, network conditions, and viewer privacy settings; we do not warrant their completeness or accuracy.

To the maximum extent permitted by law, HummingDeck will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, HummingDeck's total aggregate liability arising out of or relating to the service or these Terms will not exceed the total amount of fees you paid to HummingDeck in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that applicable law does not permit to be limited. If you are a consumer, these limitations apply only to the extent permitted by the mandatory consumer-protection law of your country.

You agree to indemnify and hold harmless HummingDeck and its operator from and against any claims, damages, liabilities, and reasonable expenses, including legal fees, arising out of or relating to: (a) your Customer Content; (b) your unlawful or unauthorized use of the tracking and analytics features, including any failure to provide required notices to or obtain required consents from your recipients; (c) your violation of these Terms, including the Acceptable Use section; or (d) your violation of any applicable law or the rights of a third party. This obligation does not apply to the extent a claim results from HummingDeck's own breach of these Terms.

We may suspend or terminate your access to the service if you materially breach these Terms. For breaches of the Acceptable Use section, or where continued access poses a risk to the service, other users, or third parties, suspension may be immediate and without prior notice. For other breaches, we will give you notice and a reasonable opportunity to cure where practicable. You may stop using the service and close your account at any time. On termination, your right to use the service ends, and the provisions that by their nature should survive, including content-license limits, disclaimers, liability limits, and indemnities, will survive.

You must comply with all applicable export control and economic sanctions laws. You represent that you are not located in, and will not use the service in or for the benefit of, any country or party subject to comprehensive sanctions, and that you are not otherwise prohibited from using the service under applicable law.

We may update these Terms from time to time. If we make material changes, we will notify registered users by email and update the effective date at the top of this page before the changes take effect. Changes will not apply retroactively. If you do not agree to the updated Terms, you may close your account before they take effect. For non-material changes, your continued use of the service after the effective date constitutes acceptance.

These Terms are governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law provisions. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of the Republic of Lithuania. If you are a consumer resident in the European Union, you also benefit from any mandatory provisions of the law of your country of residence, and may bring proceedings in your local courts where applicable law so provides.

For information about refunds and cancellations, please see our Refund Policy.

If you have questions about these Terms, contact us at hello@hummingdeck.com.

Hummingdeck, MB, company code 308055336
Registered office: Vilkpėdės g. 22, LT-03151 Vilnius, Lithuania
Registered in the Register of Legal Entities of Lithuania