Terms of Service

Thank you for using Hyperoo. Hyperoo's services are provided by Hyperoo Limited (company number NI607863, with registered office at B103 Portview Trade Centre, 310 Newtownards Road, Belfast, BT4 1HE) ('Hyperoo,' 'we,' or 'us'). Your access to and use of Hyperoo's website (the 'Website'), products and services (together, the 'Service'), is subject to the terms of a legal agreement between you and Hyperoo, which comprises (i) the terms of service set out in this document; and (ii) Hyperoo's Privacy Policy, available here: Privacy Policy; and (iii) Hyperoo's Acceptable Use Policy, available here: Acceptable Use Policy (together, the 'Terms'). Please read our Terms carefully, and contact us if you have any questions. By accessing or using our Service, you agree to be bound by the Terms. If you do not wish to be bound by the Terms, do not use the Hyperoo Service.

1. Using Hyperoo

(a) Who can use Hyperoo

You may use our Service only if you can form a binding legal agreement with Hyperoo, and only in compliance with the Terms and all applicable laws. When you create your Hyperoo account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) 'you' includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in the Terms and bind the entity to the Terms, and that you agree to the Terms on the entity's behalf.

It is important that you must keep your Hyperoo account password secure and confidential. You must notify Hyperoo immediately of any breach of security or unauthorised use of your Hyperoo account that you become aware of. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

(b) Our license to you

Subject always to our Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.

(c) Acting as a reseller of the Hyperoo Service

If you act as a reseller of our Service you must (and you hereby agree to) comply with the provisions of clause 7 of these terms of service.

2. Our Service

Use of our Service requires one or more compatible devices or computers, certain software and internet access. Please refer to our Website for further information on the specific hardware and software requirements applicable to the product you choose.

Any information originating from you or that you otherwise make available as part of the Service is referred to as 'User Content'. You understand and agree that you remain solely responsible for your own User Content. Hyperoo does not endorse any Content, and Hyperoo expressly disclaims any and all liability in connection with User Content. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Hyperoo to use your User Content for the purposes of the provision of the Service by Hyperoo, and otherwise to use your User Content in the manner contemplated by the Service and the Terms.

You will ensure User Content must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards. You also warrant that you have obtained all third party consents that may be required to enable Hyperoo to access and store (and transfer to third party hosting providers of Hyperoo, some of which may be located outside the European Economic Area) the User Content in providing the Service. You will be liable to us and indemnify us for any breach of these warranties - this means you will be responsible for any loss or damage we suffer as a result of your breach of these warranties.

We have the right to disclose your identity to any third party who is claiming that any User Content made available by you to us constitutes a violation of their intellectual property rights, their right to privacy or other rights or laws. We will not be responsible, or liable to any third party, for the content or accuracy of any User Content made available by you as part of the Service.

(a) How Hyperoo can use your User Content

You grant Hyperoo a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce and distribute your User Content solely for the purposes of operating, developing, providing, and using the Hyperoo Service. Nothing in the Terms shall restrict other legal rights Hyperoo may have to User Content, for example under other licenses.

(b) Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Hyperoo better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Hyperoo does not waive any rights to use similar or related feedback previously known to Hyperoo, or developed by its employees, or obtained from sources other than you

(c) What you cannot do

You may not do anything prohibited by our Acceptable Use Policy. Hyperoo has the right, but not the obligation, to monitor content submitted to the Hyperoo Service.

3. Security

We care about the security of our users. While we work to protect the security of your User Content and account, Hyperoo cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

4. Third-Party Links, Sites, and Services

Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Hyperoo. Hyperoo has no control over the content of those sites or resources. We do not endorse or assume any responsibility for any such third-party sites, information, materials or services. If you access any third party website, service, or content from Hyperoo, you do so at your own risk and you agree that Hyperoo will have no liability arising from your use of or access to any third-party website, service, or content. You acknowledge and agree that Hyperoo does not endorse any advertising, service or other materials on or available from such web sites or resources.

5. Linking to our Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy

6. Viruses

We do not guarantee that our Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access and make use of our Service. You should use your own virus protection software.

7. Additional Provisions relating to Resellers

If you act as a reseller of our Service (a 'Reseller'), the provisions of this clause 8 shall also apply (but for the avoidance of doubt, this clause 8 shall not apply to any user who is not a Reseller:

(i) The Reseller shall, promptly following a request from Hyperoo, provide to Hyperoo such information in relation to any of Reseller's individual end customers (including details of their levels of usage of the Service) as may be requested by Hyperoo from time to time.

(ii) The Reseller shall procure that its end customers, prior to receiving the Service, are made aware of and agree to be bound by terms equivalent to the Terms (and the Reseller shall at all times remain liable towards Hyperoo in respect of Reseller's, and Reseller's end customers' compliance with the Terms, and use of the Service, and Reseller shall also be responsible for making the requisite payments due to Hyperoo in relation to the Service to be provided to end customers of the Reseller).

(iii) The Reseller agrees to indemnify and hold harmless Hyperoo and its officers, directors, employees an. agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) the access to or use of the Service by a Reseller or by a Reseller's end customer, (b) the User Content of a Reseller or a Reseller's end customer (including, without limitation, any claim that such User Content infringes the intellectual property or other rights of any third party or violates applicable law), or (c) a breach of any of these Terms by a Reseller or a Reseller's end customer.

(iv) If any payment is not received by Hyperoo from a Reseller when due (or the Reseller or one or more end customers of the Reseller are otherwise in breach of the Terms), Hyerpoo may terminate the Reseller's account forthwith without notice (as well as the individual accounts of end customers of the Reseller).

8. Termination

Hyperoo may terminate or suspend the Service at any time, including where you are in breach of your obligations under the Terms. You may terminate your account at any time by contacting Hyperoo at support@hyperoo.net, such termination to take effect automatically upon expiry of the current annual/monthly period (as applicable) you have already paid for in advance. Upon termination, you lose all access to the Service and any portions thereof.

9. Payment Terms

Hyperoo will not charge you any fees in respect of any ''Free Trial' period offered on our Website, although the remaining provisions of these Terms will apply, to the extent applicable, during your use of the Service during any such Free Trial period. Once any such ''Free Trial' period comes to an end, you will lose all access to the Service and the provisions of Section 8 of these Terms shall apply. If you choose to purchase a subscription to our Service (whether following expiry of a Free Trial period or otherwise) the fees for your subscription to the Service will be payable on the date you first subscribe to the Service, and on each annual/monthly (as applicable) renewal date thereafter, unless and until you terminate your account in accordance with clause 8 above. Hyperoo will automatically charge your debit/credit card each year/month on the annual/monthly anniversary of the commencement of your subscription (as applicable). It is your responsibility to keep your contact information and payment information current and updated. Hyperoo subscriptions are prepaid and non-refundable. Hyperoo does not provide refunds or credits for any partial months/years. If you wish to downgrade your Hyperoo subscription, we will bill you at the new annual/monthly anniversary of such date afterwards. Prior to downgrading, please reduce the storage you use to the amount you intend to pay for (and if you fail to do so, Hyperoo reserves the right to delete files from your account as soon as you downgrade until the storage you use equates to the amount you are paying for). If your use of the Service in any given year/month (as applicable) exceeds at any time the storage capacity you have prepaid for in respect of that period, we will bill you (at the point where your use first exceeds the storage capacity you have paid for) the additional difference between the amount you prepaid in respect of the remainder of your current term and the amount you should have paid (in respect of the higher storage capacity) in respect of the remainder of your current term. If any payment is not received by Hyperoo when due, Hyperoo may terminate your account forthwith without notice. All fees are exclusive of applicable taxes unless otherwise stated, and you are responsible for payment of any such taxes that may apply to your use of the Service.

10. Indemnity

You agree to indemnify and hold harmless Hyperoo and its officers, directors, employees an. agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content (including, without limitation, any claim that the User Content infringes the intellectual property or other rights of any third party or violates applicable law), or (c) your breach of any of these Terms.

11. Disclaimers

The Service is provided on an 'as is' basis without warranty of any kind, whether express or implied.

HYPEROO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Hyperoo takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Service. We do not guarantee that our Website or Service will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.

12. Limitation of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Service, Website or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

- your access to or use of or inability to access or use the Service;

- use of or reliance on any content displayed on our Website or as part of our Service, or any conduct or content of any third party in relation to the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or

- unauthorised access to, or use or alteration of your transmissions or User Content; or

- damage, corruption or loss of User Content that you store or access through the Service.

Please note that in particular, to the maximum extent permitted by law, we will not be liable for:

- loss of profits, sales, business, or revenue;

- business interruption;

- loss of data, use, goodwill or other intangible losses

- loss of anticipated savings;

- loss of business opportunity, goodwill or reputation; or

- any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or our provision of the Service. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. To the extent permitted by applicable law, Hyperoo's aggregate liability to any user shall not exceed the amount you actually pay us pursuant to these Terms for the Service that gave rise to the claim during the three (3) months preceding the claim.

13. Disputes

For any dispute you have with Hyperoo, you agree to first contact us and attempt to resolve the dispute with us informally.

14. General Terms

Notification Procedures and changes to these Terms: Hyperoo reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to any revised version of the Terms, please stop using the Service.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hyperoo without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

Entire Agreement/Severability: These Terms and any amendments and any additional agreements you may enter into with Hyperoo in connection with the Service, shall constitute the entire agreement between you and Hyperoo concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hyperoo's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Applicable law: These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Northern Ireland, and subject to the exclusive jurisdiction of the courts of Northern Ireland.