Terms of service

1. Agreement to terms

Hypermark LLC ("Hypermark", "we", "us", "our") provides AI-assisted video creation tools, related content management workflows, and support services (collectively, the "Services"). By accessing or using the Services, registering an account, or clicking to accept these terms of service ("terms"), you agree to be bound by the terms and our privacy policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes both the individual and the organization.

2. Updates to the terms

We may revise these terms from time to time. The updated terms will be posted at this URL with a new "last updated" date. Material changes will be communicated via the Service or email when possible. Your continued use of the Services after the effective date of any change constitutes acceptance of the revised terms.

3. Eligibility & accounts

• You must be at least 18 years old or the age of majority in your jurisdiction to create an account.
• You agree to provide accurate and complete registration information and to keep your credentials secure. You are responsible for all actions taken under your account.
• Hypermark may suspend or terminate accounts that violate these terms, pose security risks, or are inactive for extended periods.

4. Services & credits

The Services include access to Hypermark's web application, APIs, content templates, AI-powered generation workflows, and customer support. Certain functionality requires the purchase and consumption of usage credits or subscription plans. All fees, credit balances, and billing terms are described at purchase. Fees are non-refundable except where required by law.

• Credits expire if indicated at purchase or upon account termination. Hypermark may adjust billing rates, credit costs, or plan inclusions with reasonable notice.
• Taxes and payment processing fees may apply. You authorize us to charge your payment method for all purchases made through your account.

5. Acceptable use

You agree not to misuse the Services. Specifically, you will not:

• Infringe any law, regulation, or third-party right while using the Services.
• Interfere with or disrupt the integrity, performance, or security of the Services.
• Attempt to probe, scan, or test the vulnerability of any Hypermark system or network.
• Use the Services to generate or distribute content that is illegal, defamatory, hateful, fraudulent, or otherwise harmful.
• Use automated tools to scrape, harvest, or collect data from the Services except as expressly permitted by Hypermark in writing.

6. User content & intellectual property

6.1 Definition of user content

"User content" includes prompts, uploads, scripts, audio, video, images, logos, brand assets, reference materials, and any other data you provide to or through the Services.

6.2 Your ownership & responsibility

• You retain ownership of any user content that you lawfully own prior to uploading it to the Services.
• You grant Hypermark a non-exclusive, worldwide, royalty-free, transferable license to host, process, transform, transmit, display, and otherwise use user content solely to operate, improve, and provide the Services to you.
• You are solely responsible for all user content you upload, submit, or otherwise make available through the Services. Hypermark does not review user content for intellectual property compliance and assumes no liability for your use of third-party materials.

6.3 Intellectual property representations & warranties

By uploading user content, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, consents, and permissions to use and authorize Hypermark to use the user content as contemplated by these terms.
• The user content does not and will not infringe, misappropriate, or violate any copyright, trademark, trade secret, patent, right of publicity, right of privacy, or any other intellectual property or proprietary right of any third party.
• You have obtained written permission from any identifiable individuals depicted in the user content (or their legal guardians if minors) to use their name, image, likeness, or voice.
• The user content does not contain any material that is defamatory, obscene, illegal, threatening, or otherwise objectionable.

6.4 Prohibited content

You agree not to upload, submit, or use any user content that:

• Contains copyrighted material (such as images, music, video clips, fonts, or artwork) that you do not own or have a valid license to use.
• Contains trademarks, logos, brand names, or trade dress belonging to third parties without proper authorization.
• Uses the likeness, voice, or personal attributes of any person (including celebrities, public figures, or private individuals) without their express written consent.
• Infringes upon patents, trade secrets, or other proprietary rights of any third party.
• Is generated by other AI services in violation of those services' terms of use.

6.5 Generated outputs

• Subject to your compliance with these terms and payment of applicable fees, you own the outputs generated by the Services from your user content, to the extent such outputs are eligible for copyright protection under applicable law.
• Hypermark makes no representations or warranties regarding the uniqueness, originality, or non-infringement of generated outputs. Similar outputs may be generated for other users who provide similar inputs.
• You are solely responsible for ensuring that your use of generated outputs does not infringe any third-party rights, and you agree to review all outputs before commercial use.
• Hypermark may retain anonymized metadata and usage patterns to improve the Services, in accordance with our privacy policy.

6.6 DMCA & copyright complaints

Hypermark respects intellectual property rights and expects users to do the same. If you believe that content on our Services infringes your copyright, please contact us at mike@hypermark.ai with the following information:

• A description of the copyrighted work you claim has been infringed.
• A description of the material you claim is infringing and its location on our Services.
• Your contact information (name, address, phone number, and email).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Your physical or electronic signature.

Hypermark reserves the right to remove any user content alleged to be infringing and to terminate accounts of repeat infringers without prior notice.

7. Confidentiality & data protection

Hypermark will maintain reasonable administrative, technical, and physical safeguards designed to protect your information. Our collection, use, and disclosure of personal data are governed by the privacy policy. You are responsible for obtaining any consents necessary to provide user content to the Services and for complying with all applicable privacy laws.

8. Third-party services

The Services may integrate with third-party platforms, AI models, or storage providers. Hypermark is not responsible for third-party services, and your use of them is governed by the terms and policies of those third parties. Hypermark may change third-party integrations at any time without notice.

9. Termination

You may stop using the Services at any time. Hypermark may suspend or terminate your access immediately if you violate these terms, fail to pay fees when due, or if continued use creates legal or operational risk. Upon termination, your right to use the Services ceases, but sections 6 through 14 of these terms will survive.

10. Disclaimers

The Services are provided on an "as is" and "as available" basis. Hypermark disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Hypermark does not guarantee that generated outputs will be accurate, reliable, unique, or error-free, or that the Services will be uninterrupted or secure.

11. Limitation of liability

To the maximum extent permitted by law, Hypermark, its affiliates, directors, employees, suppliers, and licensors are not liable for indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, revenues, goodwill, or data. Hypermark's total liability for any claim arising out of or relating to the Services is limited to the greater of (a) the amount you paid to Hypermark for the Services in the six months preceding the claim, or (b) one hundred U.S. dollars (USD $100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Hypermark, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, losses, liabilities, damages, penalties, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or relating to:

• Your use or misuse of the Services.
• Your user content, including any claim that your user content infringes, misappropriates, or violates any copyright, trademark, trade secret, patent, right of publicity, right of privacy, or other intellectual property or proprietary right of any third party.
• Any third-party claim that content you created using the Services infringes their intellectual property rights.
• Your violation of these terms, including the representations and warranties in section 6.
• Your violation of any applicable law, regulation, or third-party right.
• Any dispute between you and a third party regarding ownership, licensing, or use of any content uploaded to or generated through the Services.

Hypermark reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

13. Governing law & dispute resolution

These terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, for any dispute arising out of or relating to these terms or the Services.