These Terms of Service (the "Terms") are an agreement between you and Hypercue ("we," "us," or "our") governing your use of Hypercue — our macOS application and the companion services at hypercue.ai (collectively, the "Service").
By creating an account, installing the application, or using the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to it. If you do not agree, do not use the Service.
Our Privacy Policy describes how we handle information and is incorporated into these Terms by reference.
1. The Service
Hypercue is a speaking and presentation tool: it helps you prepare scripts and supporting materials, follows your speech during delivery, and uses artificial intelligence to generate narration, suggestions, and answers grounded in the materials you provide. Features may change as the Service evolves (Section 10).
2. Eligibility and Accounts
To the extent prohibited by applicable law, the Service is not intended for, and should not be used by, anyone under the age of 13 (or under 16, or the applicable age of digital consent, where you reside outside the United States).
Some features require an account. You agree to provide accurate account information and to keep your credentials secure. You are responsible for activity under your account. Notify us promptly at support@hypercue.ai if you believe your account has been compromised.
3. Your Content
"Content" means the material you create, import, or capture using the Service — scripts, documents, imported materials, captured questions, transcripts, and similar material. "Output" means material generated for you by the Service's AI features.
You own your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, process, transmit, and display your Content solely as necessary to provide, secure, maintain, and improve the Service and as otherwise described in the Privacy Policy. This license ends when the Content is deleted from the Service, except as retention is described in the Privacy Policy or required by law.
To the extent we hold any rights in Output, we assign them to you. You are responsible for your use of Output, including reviewing it before relying on or publishing it.
You represent that you have the necessary rights to the Content you provide and that your Content and your use of the Service will not violate applicable law or the rights of others.
4. Recording and Consent Laws
The Service processes speech — yours and, in some settings, that of people speaking around you (for example, audience questions). Laws governing the monitoring or recording of conversations ("Recording Laws") vary by jurisdiction and may require notice to, or consent from, other participants.
You are solely responsible for complying with Recording Laws in connection with your use of the Service, including providing any required notices and obtaining any required consents. The Service does not determine whether notice or consent is legally required in your circumstances.
5. AI Output
Output is generated automatically by artificial intelligence. DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE, OUTPUT MAY CONTAIN ERRORS, OMISSIONS, MISATTRIBUTIONS, OR OTHER INACCURACIES, AND MAY BE INCOMPLETE — EVEN WHERE IT APPEARS DETAILED OR SPECIFIC. Output is an assistive draft for your own speaking and judgment, not professional advice. Before using any Output, you are responsible for reviewing it for accuracy and suitability. We make no representations or warranties with respect to the accuracy of any Output.
6. Acceptable Use
You agree not to, and not to permit anyone to:
- Use the Service in violation of applicable law, including Recording Laws, privacy and data-protection laws, intellectual-property laws, and export-control laws;
- Use the Service to create or disseminate content that is unlawful, infringing, defamatory, harassing, or fraudulent, or to deceive others about the origin of a communication;
- Interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to the Service or related systems and accounts;
- Circumvent usage limits, rate limits, or feature restrictions, or share access credentials;
- Copy, modify, distribute, sell, rent, sublicense, or create derivative works of the Service, or reverse engineer or decompile any part of it, except to the extent this restriction is prohibited by law;
- Use the Service or Output to develop a competing product, or use automated means to extract data from the Service at scale;
- Probe, scan, or test the vulnerability of the Service without our prior written consent.
We may investigate violations and may suspend or terminate access for conduct that we reasonably believe violates these Terms, harms the Service, or exposes us or others to liability.
7. Third-Party Services
The Service depends on third-party services, including your operating system's speech frameworks, sign-in providers, model providers, and software-distribution and hosting services. Your use of third-party services is governed by their terms. We are not responsible for the availability or operation of the Service to the extent it depends on third-party services, and we make no warranties regarding third-party services.
8. Intellectual Property; Feedback
The Service — including its software, design, and branding, but excluding your Content and Output — is owned by Hypercue and its licensors. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the application on Apple devices that you own or control, for your use of the Service in accordance with these Terms. No rights are granted except as expressly set out here.
If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.
9. Privacy
Our collection and use of information is described in the Privacy Policy. By using the Service you acknowledge the processing described there, including the processing of Content by the service providers identified in the Privacy Policy.
10. Changes to the Service; Beta Features
The Service is under active development. We may add, change, or remove features, and we may offer features identified as alpha, beta, preview, or experimental, which are provided as-is, may be modified or discontinued at any time, and may be subject to additional terms. We will use commercially reasonable efforts to provide notice of major changes that remove material functionality.
11. Termination
You may stop using the Service and may request deletion of your account at any time (see the Privacy Policy). We may suspend or terminate your access to the Service if you materially breach these Terms, if required by law, or if we reasonably believe continued access poses a risk to the Service or others; where practicable, we will provide notice and, for curable breaches, a reasonable opportunity to cure. We may also discontinue the Service or any feature; if we discontinue the Service entirely, we will use reasonable efforts to provide advance notice and an opportunity to retrieve your Content stored with the Service. Sections 3 (license to Output), 5, 8, and 12–16 survive termination.
12. Disclaimers
THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERCUE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT OUTPUT WILL BE RELIABLE. YOU USE THE SERVICE, INCLUDING DURING LIVE PRESENTATIONS, AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, REVENUES, DATA, OR GOODWILL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) HYPERCUE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. WHERE A JURISDICTION DOES NOT ALLOW CERTAIN LIMITATIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.
14. Indemnification
You will defend, indemnify, and hold harmless Hypercue and its officers, directors, employees, and agents from and against claims, damages, and expenses (including reasonable attorneys' fees) arising out of your Content, your violation of these Terms, your violation of applicable law (including Recording Laws), or your infringement of any rights of a third party.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The parties will first attempt in good faith to resolve any dispute informally by contacting each other (for us: support@hypercue.ai). Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and each party consents to personal jurisdiction there. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction, and you may bring qualifying claims in small-claims court. Nothing in these Terms limits any non-waivable rights you have as a consumer under the laws of your place of residence.
16. General
- Changes to these Terms. We may update these Terms. For material changes we will provide reasonable notice — by email to your account address or in-application notice — before the change takes effect. Continued use after the effective date constitutes acceptance.
- Export compliance. You represent that you are not located in a country subject to a comprehensive U.S. Government embargo or designated as supporting terrorism, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
- Severability; waiver. If any provision is unenforceable, the remainder remains in effect. A failure to enforce a provision is not a waiver.
- Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for specific features, are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.
17. Contact
Hypercue Team
Email: support@hypercue.ai
Website: https://hypercue.ai