Terms of Service

Welcome to HyperScript. We’re glad you’re here, and we hope you enjoy everything we have to offer.

These terms of service ("Terms") cover your use and access to our services and websites ("Services"), including the HyperScript API. The Terms is a legally binding, non-exclusive agreement between you and HyperScript. Please read the Terms carefully before you start to use the Services. Among other things, the Terms describes and controls your legal relationship with HyperScript. Our Privacy Policy explains how we collect and use your information. By using our Services, you are agreeing to be bound by these Terms and our Privacy Policy.

Your Content & Your Permissions

HyperScript may provide opportunities for you to post text, photographs, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant HyperScript, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, display, adapt, modify, create derivative works of, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Sites.

You agree to indemnify, release, and hold HyperScript harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.

Content Posted by Others

HyperScript is not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.

Accounts

You agree to provide true and complete information relating to your HyperScript account. If your information changes at any time, please update your account to reflect those changes.

HyperScript has the right to refuse to establish an account or to close any existing account, including for (or for allegations of) fraud, intellectual property infringement, violation of a third party’s rights including those of privacy or publicity, submission of material that is obscene in nature, violent or that might be construed as defamatory, for any breach of the Terms of this or any other agreement that you have with HyperScript, or for convenience.

Your Use of the Services

Please do not use the Services in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms).

Using our Services does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

Fees & Payments

Your HyperScript Subscription will continue and automatically renew until terminated.

You must provide us with one or more Payment Methods. "Payment Method" means a current, valid, and accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.

If you wish to cancel your Subscription, you must do so before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method.

You may select HyperScript Subscription on a three months-to-three months basis, six months-to-six months basis or on an annual basis. If you select month-to-month, then HyperScript will bill your Payment Method monthly.

HyperScript may from time to time offer promotional offers for HyperScript Subscription. Offer eligibility is determined by HyperScript at its sole discretion and HyperScript reserves the right to recover any promotional offer and put your account on hold if HyperScript determines you are not eligible. Eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the promotional offer or in other communications made available to you.

HyperScript reserves the right to change HyperScript Subscription, including by adjusting pricing for HyperScript Subscription or any components thereof in any manner and at any time HyperScript may determine in its sole discretion. Except as otherwise expressly provided for herein, any price changes or changes to your Subscription will take effect after notice to you.

Billing and Cancellation:

The Subscription Fee is earned upon payment.

In certain instances, your payment date may change, for example if you change your Payment Method, or your Payment Method has not successfully settled.

You remain responsible for any uncollected amounts.

If a payment is not successful because your Payment Method is expired, for insufficient funds, or for any other reason, and you do not cancel your Subscription, HyperScript may suspend your access to HyperScript until HyperScript has successfully charged a valid Payment Method.

Please be aware that for some Payment Methods the issuer may charge you fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.

Refunds and Credits:

Payments made for HyperScript Subscription are nonrefundable. HyperScript will not give a credit or refund of any amount for partially used subscription periods.

If you cancel your Subscription, you will continue to have access to HyperScript through the end of your current billing period.

Notwithstanding the foregoing, HyperScript reserves the right to provide a refund, discount, or other consideration ("Credit") to you or any other user, at any time, and for any reason. However, the decision to provide such Credit, including the amount and form, is at HyperScript’s sole discretion.

Content

HyperScript may remove Content if HyperScript believes that such Content may (in HyperScript's sole judgment) subject HyperScript or any of its officers, managers, directors, or employees to legal action or if the Content violates the Terms.

Termination

You're free to stop using our Services at any time, but you must provide us notice so that we can remove your Content. Send notice to [email protected] and include in the subject line "Termination".

We reserve the right to block, restrict, moderate, disable, suspend, or terminate your access to the Services at any time in HyperScript's sole discretion, without prior notice or liability to you. Events that may cause suspension or termination include, but are not limited to, if (a) you're in breach of these Terms; (b) your use of the Services would cause a risk of harm or loss to us or other users; or (c) you have not accessed our Services for 12 consecutive months.

If you ask us to terminate your account, we will terminate your account no later than 120 days following our receipt of a written request from you.

Once your account is terminated, HyperScript will permanently delete your Content from its storage devices, servers, or cloud-based storage, if any; with the exception of Content contained in regularly-scheduled archival backups, which will be deleted when such backup is deleted.

Service "As Is"

We strive to provide great services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, HyperScript and its affiliates, suppliers, and distributors make no warranties, either express or implied, about the Services. The Services are provided "As Is." We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, without limiting the above, HyperScript makes no warranty that: (i) its Website will meet your requirements; (ii) access to the Website will be uninterrupted; (iii) the quality of the Website will meet your expectations; and (iv) any errors or defects in the Website or Services will be corrected. Further, HyperScript makes no representations or warranties that the Services will be permitted in your jurisdiction; that the Services will meet your needs; or that HyperScript will continue to support any particular feature of its Website or continue to provide any particular Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first use the Services, and no warranties shall apply after that period.

Limitation Of Liability

In countries where exclusions or limitations of liability aren't allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you.

In countries where exclusions or limitations of liability are allowed, HyperScript, its affiliates, suppliers, or distributors won’t be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages, including, without limitation, any loss of income, use, data, business, profits, or diminution of value, even if the HyperScript, its affiliates, suppliers, or distributors has been advised of, or had reason to know of, the possibility of such damages. You agree that HyperScript's, its affiliates', suppliers', or distributors' aggregate liability to you and all third parties in connection with or related to these Terms, or the Services shall be limited to general money damages not to exceed five hundred dollars ($500.00 USD). This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

If you use the Services for any commercial or business purposes, HyperScript, its affiliates, suppliers, or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, and HyperScript and its affiliates aren't responsible for the conduct, whether online or offline, of any user of the Services.

Resolving Disputes

Let's Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim or demand against HyperScript, you agree to try to resolve the dispute informally by contacting [email protected]. We'll try to resolve the dispute informally by contacting you via e-mail. If a dispute is not resolved within 20 days of submission, you or HyperScript may bring a formal proceeding.

Judicial Forum for Disputes. You and HyperScript agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal courts of Singapore, subject to the mandatory arbitration provisions below. Both you and HyperScript consent to venue and personal jurisdiction in such courts.

Electronic Communications Delivery

You agree and consent to receive all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that HyperScript provides in connection with your Content and your account. Communications include agreements and policies you agree to, updates to these agreements or policies, account statements, tax statements (if any), and any other information relating to your Content and your account. HyperScript will provide Communications to you by posting them on the HyperScript website or by email at the primary email address on file in your HyperScript account.

Modifications

HyperScript reserves the right to modify our Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites at any time.

HyperScript reserves the right to modify these Terms at any time in its sole discretion. HyperScript will notify you of any change by email to the primary email address on file in your HyperScript account, an announcement on this page, your login page, or by other means to provide you the opportunity to review the modifications before they become effective. If you don't agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

These terms were last updated on June 26, 2023.