THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Hyperia, Inc. (“Hyperia,” “we,” “us,” “our”) provides its services to you through its websites (collectively, the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
1. Access and Use of the Service. Our Services uses proprietary speech and speaker recognition technology to transform voice conversations into legible text. Among other things, our Services make voice conversations searchable like email or other text communications. The Service also enables you to share conversations and associated transcripts with others.
We will make the Services available to you. You are responsible for making all arrangements necessary for you to have access to the Services, including a high-speed internet connection.
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
3. Member Account, Password, and Security. You are responsible for maintaining the confidentiality of your password and account, if any, and you are fully and solely responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Hyperia of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session when accessing the Service. We can disable your account with Hyperia immediately for so long as necessary to protect us or for as long as you are violating these Terms of Service. If we take action to disable your account with Hyperia, we will promptly notify you. If you believe your account with Hyperia has been disabled in error, or if you want to terminate or permanently delete your account with Hyperia, please contact us at email@example.com. Hyperia will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Modifications to the Service. Hyperia reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hyperia will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. General Practices Regarding Use and Storage. You acknowledge that Hyperia may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that documents, data or other content will be retained by the Service and the maximum storage space that will be allotted on Hyperia’s servers on your behalf. You agree that Hyperia has no responsibility or liability for the deletion or failure to store any documents, data, or other content maintained or uploaded by the Service. You acknowledge that Hyperia reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Hyperia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Because we may delete THE content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”) at any time, you should continue to store your User Content on your own devices or with a separate cloud storage vendor (other than HYPERIA) and not rely on HYPERIA to continue to store or keep record of your User Content.
6. Third-Party Websites. We have not reviewed all of the sites linked to our Services, and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hyperia of the site. Use of any such linked website is at your own risk. We may enable you to view, access, link to, and use content and services provided by third parties (“Service Providers”) that are not owned or controlled by us (“Third Party Services”), which are governed by their own separate terms and conditions. You are solely responsible and liable for your interaction with a Service Provider. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us and release us from any and all liability, arising from your use of and interaction with any Third Party Services.
7. Rules of Conduct. There are rules of conduct that you must follow when you use the Services. You must not:
Use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
Infringe upon or violate Hyperia’s intellectual property rights or the intellectual property rights of others;
Harvest (or collect) information from the Services using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so);
Use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
Obtain, or attempt to obtain, unauthorized access to areas of the Services or our systems;
Flood the Services with requests or use the Services in any manner that could disable, overburden, damage, or impair the Services;
Circumvent or reverse engineer the Services or its systems;
Manipulate or forge identifiers in order to disguise the origin of any information posted on the Services or otherwise provided to our employees or us;
Impersonate or attempt to impersonate Hyperia, an Hyperia employee, another user, or any other person or entity;
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise
Spam, phish, pharm, pretext, spider, crawl, or scrape; or
Engage in any other conduct that interferes with anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Hyperia or users of the Services or expose them to liability.
8. Ownership. Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Hyperia or Hyperia’s suppliers. Neither these Terms of Services (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access and use rights expressly set forth in Section 1. Hyperia and its suppliers reserve all rights not granted in these Terms of Service. There are no implied licenses granted under these Terms of Service.
9. Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Hyperia are non-confidential and non-proprietary, and Hyperia will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree that you will not submit to Hyperia any information or ideas that you consider to be confidential or proprietary.
10. Third-Party Content. Under no circumstances will Hyperia be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Hyperia does not pre-screen content posted on or made available by the Services, but that Hyperia and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Hyperia and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Hyperia, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
11. User Content. With respect to your User Content, you represent, warrant, and covenant that you own (or have sufficient rights to) all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant Hyperia and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service on your behalf, in any form, medium or technology now known or later developed.
The Services provide a feature that allows you to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. It may be an offense in your jurisdiction to record other individuals without their prior written consent. It is your responsibility to follow applicable foreign, federal, and local laws when using such feature, including informing the participants in your meetings that the discussion is being recorded. We absolutely do not condone the use of our Services for illegal purposes.
You acknowledge and agree that Hyperia may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hyperia, its users and the public. You understand that the technical processing and transmission of the Service, including your User content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
12. Indemnity and Release. You agree to release, indemnify and hold Hyperia and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
13. Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HYPERIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HYPERIA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR 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, OR (IV) THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HYPERIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HYPERIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL HYPERIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HYPERIA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
15. Arbitration. All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement will be resolved by binding arbitration to be conducted before Judicial Arbitration and Mediation Services, Inc. or its successor (“JAMS”). Unless otherwise agreed by the parties, arbitration will be held in Denver, Colorado before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and the award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrator will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the foregoing, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of initially signing up for an account with Hyperia. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
16. Termination. You agree that Hyperia, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of your User Content within the Service, for any reason, including, without limitation, for lack of use or if Hyperia believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Hyperia may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Hyperia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hyperia will not be liable to you or any third-party for any termination of your access to the Service.
17. User Disputes. You agree that you are solely responsible for your interactions with any other user of the Services in connection with the Service, and Hyperia will have no liability or responsibility with respect thereto. Hyperia reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.