Terms of Service
The short version
- By using our website or products, you agree to these Terms.
- You must be at least 13 (or the higher local age) and use our services lawfully.
- Each Hyperture product has its own product-specific terms that apply alongside these Terms.
- We provide our services "as is" — we work hard, but no software is perfect.
1. About these Terms
These Terms of Service ("Terms") govern your use of the website at hyperturetech.com and any products, applications, or services operated by Hyperture Technologies ("Hyperture", "we", "us"). By accessing or using our website or products, you agree to these Terms.
Each Hyperture product (such as Elixira) has its own product-specific terms which apply in addition to these Terms. Where there is a conflict between these Terms and a product's specific terms, the product-specific terms prevail for that product.
2. Eligibility
You must be at least 13 years old to use our website or products (or 16, where local law sets that as the minimum digital consent age). By using our services, you confirm you meet this requirement. If you are using our services on behalf of an organisation, you confirm you have authority to bind that organisation to these Terms.
3. Acceptable Use
You agree not to:
- Use our services in violation of any law.
- Attempt to gain unauthorised access to our systems or other users' accounts.
- Reverse-engineer, decompile, or attempt to extract source code from our software, except as permitted by law.
- Use automated tools (bots, scrapers, crawlers) on our services without our written permission.
- Interfere with the proper operation of our services or impose unreasonable load on our systems.
- Use our services to send spam, malware, or harmful content.
- Impersonate any person or entity or misrepresent your affiliation.
4. Accounts
Some of our products require you to create an account. You are responsible for keeping your account credentials confidential and for any activity under your account. Notify us immediately if you suspect unauthorised access. We may suspend or terminate accounts that violate these Terms.
5. Intellectual Property
All content, code, design, branding, and trademarks on our website and within our products are owned by Hyperture or our licensors. You may not copy, modify, distribute, or create derivative works without our written permission, except where:
- You are granted a limited right to use our products under their respective licences.
- You are quoting or referencing for non-commercial commentary, review, or reporting (fair use / fair dealing).
6. Third-Party Services
Our website and products may link to or integrate with third-party services. We do not control and are not responsible for those services. Their use is governed by their own terms.
7. Payments and Subscriptions
Some Hyperture products are paid or subscription-based. Specific pricing, billing, refund, and cancellation terms for each product appear in that product's own terms. In general:
- Payments are processed by third-party providers (Apple, Google Play, RevenueCat, Stripe).
- Subscriptions auto-renew unless you cancel before the renewal date.
- You can cancel anytime via the platform you subscribed through.
8. Disclaimers
Our website and products are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, error-free, or completely secure operation.
Our products are general-purpose software tools. Where a product touches on health, wellbeing, finance, or other regulated areas, that product's specific terms set out additional disclaimers — including that our products are not medical, financial, legal, or professional advice and are not a substitute for qualified professionals.
9. Limitation of Liability
To the maximum extent permitted by law, Hyperture and its officers, employees, and affiliates are not liable for:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, data, goodwill, or other intangible losses.
- Damages arising from your use or inability to use our services.
Our total aggregate liability for any claim arising out of or relating to these Terms or our services is limited to the amount you paid us in the twelve (12) months before the claim, or US$50, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages — to that extent, the above limitations do not apply to you.
10. Indemnification
You agree to indemnify and hold Hyperture harmless from any claim, demand, loss, or damage (including reasonable legal fees) arising out of your breach of these Terms or your misuse of our services.
11. Termination
You may stop using our services at any time. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we discontinue a service. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, dispute resolution) will continue to apply.
12. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. For material changes, we will notify you. Continued use after the effective date of changes means you accept the updated Terms.
13. Governing Law and Disputes
These Terms are governed by applicable law in your jurisdiction. Where law permits the parties to choose, they are governed by the laws of the jurisdiction in which Hyperture operates, without regard to conflict-of-law principles.
We prefer to resolve disputes informally. If you have a concern, contact us first at hello@hyperturetech.com — we'll do our best to resolve it. If informal resolution fails, any unresolved dispute will be resolved by binding arbitration on an individual basis, except where prohibited by your local consumer protection law.
14. Miscellaneous
- Entire agreement. These Terms (with any product-specific terms) form the entire agreement between you and Hyperture for your use of our services.
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce any right is not a waiver of that right.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale.
15. Contact
Questions about these Terms? Email hello@hyperturetech.com.