Last Updated: January, 2025
This document (“Agreement”) sets forth the general terms and conditions of your use of the customerdomain.hypecast.one website (“Website”), the “Hypecast” mobile application (“Mobile Application”), and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User,” “you,” or “your”) and HYPE 1000 GmbH (doing business as “Hype1000,” “we,” “us,” or “our”).
If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User,” “you,” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with any part of this Agreement, you must not accept this Agreement and may not access or use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You also acknowledge that this Agreement is a contract between you and Hype1000, even though it is electronic and not physically signed by you, and it governs your use of the Services.
If you create an account on the Services, you are responsible for maintaining the security of your account and the confidentiality of your login credentials. You are fully responsible for all activities that occur under your account. Providing false or misleading contact information may result in termination of your account.
We may, but have no obligation to, monitor or review new accounts before you may sign in and start using the Services. This includes the right to reject or terminate any account that violates this Agreement or if your conduct is likely to damage our reputation and goodwill.
You must immediately notify us of any unauthorized uses of your account, password, or any other breaches of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
We may suspend, disable, or delete your account (or any part thereof) at our sole discretion if we determine that you have violated any provision of this Agreement or your conduct could harm our interests or reputation. If we delete your account for such reasons, you may not re-register for our Services. We also reserve the right to block your email address and/or IP address to prevent further registration.
We do not claim ownership of any data, information, or material (collectively, “Content”) that you submit on the Services in the course of using them. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and intellectual property ownership of all Content submitted by you.
By submitting or uploading Content to the Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to access, copy, distribute, store, transmit, reformat, display, and perform such Content solely as required for the purpose of providing the Services to you (e.g., backups, display within the application). Unless specifically permitted by you, this license does not grant us the right to use, reproduce, adapt, modify, publish, or distribute your Content for commercial or marketing purposes.
You represent and warrant that you have the right to submit the Content, and that the Content does not violate any applicable laws, infringe the rights of any third party, or breach any contract or confidentiality obligations. We may, but have no obligation to, monitor or review Content submitted to or created using the Services.
The Services may include AI-based features that generate or assist in creating marketing content, copywriting, or other materials. You are responsible for reviewing and verifying the accuracy, suitability, and legal compliance of any AI-generated or AI-assisted content before using, publishing, or distributing it.
We perform regular backups of the Website and may store Content for the purpose of providing our Services. Although we strive to ensure accuracy and completeness, we do not guarantee that backups will always be successful or free from corruption.
In the event of hardware failure or data loss, we will make reasonable efforts to restore data from our most recent backups to minimize downtime and potential losses. We are not liable for any loss or corruption of data or Content.
The Services may link to other external resources (such as websites, mobile applications, or services). These links are provided for your convenience only and do not imply any endorsement, sponsorship, or affiliation unless expressly stated.
We are not responsible for examining or evaluating any third-party resources and do not warrant their offerings or the content they provide. You acknowledge and agree that we shall not be liable or responsible for the actions, products, services, or content of any third parties.
You should carefully review the legal statements and policies of any third-party resource you visit. Your use of off-site resources is at your own risk.
Some or all of the Services may be provided on a subscription or fee basis. You agree to pay any applicable fees according to the pricing and payment terms presented to you at the time of purchase or sign-up.
Payments will be charged in advance on a recurring basis (e.g., monthly or annually) unless otherwise specified. If we are unable to process a payment using your chosen method, we may suspend or cancel your access to the paid features.
Refunds, if any, will be provided in our sole discretion and only in accordance with applicable law or any refund policy referenced at the time of purchase.
We reserve the right to modify this Agreement or its terms related to the Services at any time at our sole discretion. When we do, we will revise the “Last Updated” date at the top of this page. We may also notify you in other ways at our discretion, such as via email or in-Service notification.
An updated version of this Agreement will become effective immediately upon posting unless otherwise noted. Your continued use of the Services after the revised Agreement becomes effective constitutes your consent to such changes.
By accessing and using the Services, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree to abide by any part of this Agreement, you are not authorized to access or use the Services.
The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not guarantee that the Services (including any AI-generated or assisted content) will meet your requirements or that they will be uninterrupted, timely, secure, or error-free. We are not responsible for any decisions made by you based on information provided through the Services.
To the fullest extent permitted by law, in no event shall Hype1000 GmbH (including its officers, directors, employees, agents, and affiliates) be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or related to your use of or inability to use the Services.
Our total liability for all claims related to the Services shall not exceed the amount paid by you to us for the use of the Services in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100) if no such payments have been made.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. To the extent that these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply.
You agree to indemnify and hold harmless Hype1000, its officers, directors, employees, agents, affiliates, and licensors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
This Agreement remains in effect until terminated by you or by us.
You may terminate this Agreement at any time by discontinuing use of the Services and deleting your account.
We may terminate your access to the Services at any time if you violate this Agreement or if we decide to discontinue the Services, in whole or in part. We are not liable to you or any third party for such termination.
Upon termination, all licenses and rights granted to you under this Agreement will immediately cease. Sections that by their nature should survive termination (e.g., Indemnification, Limitation of Liability) will survive.
This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the jurisdiction in which Hype1000 GmbH is established, without regard to its conflict of law provisions.
Any dispute arising from or relating to this Agreement shall be resolved through arbitration in Borken, Germany, and you consent to the exclusive jurisdiction of the courts located therein.
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be construed or limited to the extent necessary to eliminate its invalidity or unenforceability, and the remaining provisions shall remain in full force and effect.
No waiver of any breach of this Agreement shall constitute a waiver of any subsequent breach. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision.
This Agreement, together with any additional agreements or policies incorporated herein by reference (such as our Privacy Policy), constitutes the entire agreement between you and Hype1000 GmbH regarding your use of the Services and supersedes all prior or contemporaneous understandings.
You may not assign or transfer this Agreement or any rights or obligations herein without our prior written consent. We may freely assign, transfer, or delegate this Agreement or any rights or obligations herein without notice or consent.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
Hype1000 GmbH
Email: support@hypecast.one
Website: https://hypecast.one
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.