Last update on August 01, 2022

Hypergraphia Terms of Service

Welcome, and thank you for your interest in Hypergraphia Inc.

By using Hypergraphia, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Hypergraphia Inc. ("Company") reserves the right to update and change these Terms of Service without notice.

These Terms are a binding contract between you and the Company. You must agree to and accept all of the Terms to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Violation of any of the terms below may result in the termination of your account.

Account Terms

As a Hypergraphia User:

1. You must be at least 13 years old to use the Service.
2. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3. You must provide a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Your use of the Services is subject to the following additional restrictions

You represent, warrant, and agree that you will not contribute content to the Service or otherwise use the Services or interact with the Services in a manner that:

1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Hypergraphia);
2. Violates any law or regulation, including, without limitation, any applicable export control laws;
3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. Jeopardizes the security of your Hypergraphia account or anyone else's (such as allowing someone else to log in to the Services as you);
5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
7. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

General Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will be shown the fees that you will be charged. All fees are in the currencies provided on the Hypergraphia website and, except as expressly provided by applicable law, are non-refundable.

1. Price. Hypergraphia reserves the right to determine pricing for the Service.
2. Authorization. You authorize Hypergraphia and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Hypergraphia, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Hypergraphia or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
3. Subscription Service. The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize Hypergraphia or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see our pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period (e.g., monthly billing periods will be billed on the same day each month). The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Hypergraphia or its third-party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
4. Delinquent Accounts. Hypergraphia may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

Cancellation and Termination

1. In order to delete your account, you should contact us by email at info@hypergraphia.app. We'll take care of deleting your account at most two weeks after your request.
2. All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. This information can not be recovered once it has been permanently deleted.
3. If you cancel the Service before the end of your current billing period, your cancellation will take effect at the end of the billing period, and you will not be charged again after that.
4. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Company website or the Service itself.
3. The Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only provided via email.
3. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service.
5. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
7. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party's intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
10. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
11. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
13. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
14. Questions about the Terms of Service should be sent to info@hypergraphia.app.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.