Terms of Use | Hyperion

1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the websites, web applications, and any related digital properties operated by Hyperion Intelligence, Inc. (“Hyperion,” “we,” “us,” or “our”), including all subdomains, mobile-optimized versions, and successor sites (collectively, the “Hyperion Site”). By accessing or using the Hyperion Site, you agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Hyperion Site.

These Terms apply to all visitors, registered users, and any other persons who access the Hyperion Site (“Users” or “you”). References to Hyperion include its affiliates, subsidiaries, divisions, contractors, data sources, marketing partners, and third-party service providers, as applicable.

These Terms are in addition to, and do not supersede, the terms and conditions that apply to specific Hyperion products or services. Your rights and obligations regarding any Hyperion product or service are governed by your applicable agreement, including any Master Agreement, Product License Agreement, Order Form, Statement of Work, or other written agreement with Hyperion.

These Terms do not override any applicable legal requirements relating to the collection, transfer, and use of your personal information. Where additional legal requirements apply in your jurisdiction, Hyperion will comply with applicable law.

2. Changes to These Terms

Hyperion reserves the right to modify these Terms at any time. When we make material changes, we will update the “Effective Date” and “Last Updated” date at the top of this page. We encourage you to review these Terms periodically. Your continued use of the Hyperion Site following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to any modification, your sole remedy is to discontinue use of the Hyperion Site.

3. Eligibility

The Hyperion Site is intended for users who are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. By using the Hyperion Site, you represent and warrant that you meet this eligibility requirement. If you are accessing the Hyperion Site on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

4. Accounts and Security

Certain features of the Hyperion Site require you to create an account (“Account”). When registering, you agree to provide accurate, current, and complete information and to update such information to maintain its accuracy. You are responsible for safeguarding your Account credentials, including your password, and for all activity that occurs under your Account. You agree to notify Hyperion immediately at the contact information below of any unauthorized use of your Account or any other security breach.

You agree not to: (i) select or use the email address of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without proper authorization; (iii) use an email address that Hyperion, in its sole discretion, deems inappropriate; or (iv) share your Account credentials with any third party.

Hyperion may suspend or terminate your Account at any time, with or without notice, for conduct that Hyperion believes: (i) violates these Terms or applicable law; (ii) is fraudulent, harassing, or abusive; (iii) is harmful to other Users, third parties, or Hyperion’s business interests; or (iv) involves the use of the Hyperion Site for unlawful purposes. Use of an Account for illegal, fraudulent, or abusive purposes may be referred to law enforcement. Upon termination, you may not re-register for a period determined by Hyperion in its sole discretion, and we shall have no obligation to notify any third parties of such termination.

Hyperion maintains administrative, technical, and physical safeguards in accordance with our Privacy Policy to protect Account information.

5. Ownership and Intellectual Property

The services, data, articles, blog posts, content, information, products, software, tools, and programs available on or through the Hyperion Site (collectively, the “Services”) are the proprietary, copyrighted works of Hyperion and comprise: (i) works of original authorship, including compiled information reflecting Hyperion’s selection, arrangement, coordination, and expression of such information; and (ii) trade secrets and other confidential information.

Hyperion, the Hyperion logo, logos of Hyperion affiliates and subsidiaries, and the names of Hyperion products referenced on the Hyperion Site are trademarks, service marks, registered trademarks, copyrights, or other intellectual property of Hyperion (“Hyperion IP”). Other product and company names mentioned on the Hyperion Site may be the intellectual property of their respective owners. You may not use any Hyperion IP without Hyperion’s prior written consent. No right or license is conveyed to you by implication, estoppel, or otherwise with respect to any Hyperion IP or any third-party intellectual property.

6. User Content and License Grant

By submitting, posting, or transmitting any data, information, or other content (“User Content”) through the Hyperion Site, you grant Hyperion a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate, reformat, and incorporate such User Content into a collective work in connection with the operation of the Services. This license includes the right to use your name and likeness for attribution purposes, to the extent lawfully permissible.

You represent and warrant that you own or otherwise control all rights to your User Content and that your User Content does not violate these Terms or any applicable law. You agree that you will not knowingly submit false or misleading content.

You acknowledge that Hyperion retains the right, but not the obligation, to review, edit, or remove any User Content that Hyperion deems illegal, offensive, or otherwise inappropriate in its sole discretion.

You understand that the technical processing and transmission of the Hyperion Site, including your User Content, may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.

7. Artificial Intelligence and Automated Tools

The Hyperion Site may include features and services powered by artificial intelligence, machine learning, or other automated technologies (“AI Tools”), including but not limited to chatbots, intelligent search, data analytics, and automated insights. By using the Hyperion Site and its AI Tools, you acknowledge and agree to the following:

Outputs Are Informational Only. AI-generated outputs are provided for informational purposes and do not constitute legal, financial, tax, or professional advice. You should independently verify any AI-generated output before relying on it for decision-making.

No Guarantee of Accuracy. AI Tools may produce outputs that are incomplete, inaccurate, or unsuitable for your intended use. Hyperion makes no warranty or representation regarding the accuracy, reliability, or completeness of any AI-generated output.

Data Usage for AI. Inputs you provide to AI Tools, including queries, uploaded data, and User Content, may be processed by Hyperion’s AI systems to generate responses and to improve the quality and performance of Hyperion’s Services. Your use of AI Tools is subject to the Hyperion Privacy Policy, which describes how your data is collected, used, and protected.

Intellectual Property in AI Outputs. As between you and Hyperion, Hyperion retains all rights in and to the AI Tools, their underlying models, algorithms, and technology. To the extent any AI-generated output incorporates Hyperion proprietary content, such content remains the property of Hyperion.

Prohibited AI Uses. You may not use the AI Tools to: (i) generate content that is unlawful, harmful, deceptive, or infringes on third-party rights; (ii) reverse-engineer, extract, or attempt to derive the underlying models, algorithms, or training data of the AI Tools; (iii) use AI Tools to build competing products or services; or (iv) submit sensitive personal data (such as Social Security numbers, financial account numbers, or protected health information) to AI Tools unless expressly permitted by Hyperion in writing.

Human Oversight. AI-generated outputs should be reviewed by a qualified human before being relied upon. Hyperion shall not be liable for any loss, damage, or harm arising from reliance on AI-generated outputs without appropriate human review.

8. Use Restrictions

You agree not to reproduce, copy, retransmit, distribute, disseminate, sell, sublicense, publish, broadcast, or circulate information received through the Services without Hyperion’s express prior written consent. You may not:

(a) use or permit the use of the Services to prepare an original database or comparison to other databases that are sold, rented, published, or furnished to a third party;

(b) use or permit the use of the Services for compiling, enhancing, verifying, supplementing, or deleting from any mailing list, business directory, or other compilation that is sold, rented, published, or furnished to a third party;

(d) engage in systematic access or extraction of content from the Hyperion Site, including through the use of bots, spiders, crawlers, scrapers, or similar automated means;

(e) cache, frame, or create unauthorized hypertext links to the Hyperion Site or its content;

(f) use the Hyperion Site to train, fine-tune, or otherwise develop any machine learning model, artificial intelligence system, or similar technology without Hyperion’s prior written consent; or

(g) access or attempt to access password-protected or secure areas of the Hyperion Site without authorization.

Hyperion reserves the right to disable any unauthorized links, frames, or automated access. Unauthorized individuals attempting to access restricted areas of the Hyperion Site may be subject to prosecution.

No part of the Hyperion Site may be reproduced, modified, or distributed without the prior written permission of Hyperion, except that no such permission is necessary for fair use of freely available factual information regarding descriptions of Hyperion and its products and services.

9. Content Restrictions

You will not upload, post, transmit, or otherwise make available any content that:

(a) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or discriminatory;

(b) harms or exploits minors in any way;

(d) forges headers or manipulates identifiers to disguise the origin of content;

(e) removes any proprietary notices from the Hyperion Site;

(f) causes or permits the creation of derivative works from the Hyperion Site without written permission;

(g) uses the Hyperion Site for any unauthorized commercial purpose;

(h) uses the Hyperion Site for fraudulent purposes;

(i) attempts to decompile, reverse-engineer, disassemble, or hack the Hyperion Site or any embedded software, or defeat any encryption or security measures;

(j) harvests or collects information about other Account holders, including personal data;

(k) transmits content you do not have the right to share under applicable law or contractual obligation;

(l) transmits content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights;

(m) transmits material containing software viruses or other code designed to interrupt, destroy, or limit the functionality of any systems;

(n) disrupts the normal operation of the Hyperion Site or negatively affects other Users’ experience;

(o) interferes with or disrupts servers or networks connected to or operated with the Hyperion Site;

(p) violates any applicable local, state, national, or international law or regulation; or

(q) promotes physical harm, illegal activities, or provides material support to any organization designated as a foreign terrorist organization.

You may not use the Hyperion name to endorse or promote any product, opinion, cause, or political candidate. Representation of personal opinions as endorsed by Hyperion is strictly prohibited.

10. Consent, Communications, and Marketing

By creating an Account or using the Hyperion Site, you consent to receive communications from Hyperion, including through email, text message, telephone (including through automatic dialing systems and pre-recorded messages where permitted by law), and other electronic means, for purposes including account support, service-related notices, and marketing of Hyperion products and services.

You represent and warrant that any telephone number you provide to Hyperion belongs to you and is associated with a mobile device in your possession. You agree to notify Hyperion promptly if your telephone number changes.

Your consent to marketing communications is not required as a condition of purchasing any goods or services from Hyperion. You may withdraw your consent to marketing communications at any time by contacting us at the contact information below, or by following the unsubscribe instructions included in any marketing communication. Withdrawal of consent does not affect communications that are necessary for account administration or that are required by law.

11. Privacy and Data Protection

Your use of the Hyperion Site is subject to the Hyperion Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how Hyperion collects, uses, stores, shares, and protects your personal information, and explains your rights under applicable data protection laws, including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the General Data Protection Regulation (GDPR), and other applicable privacy legislation.

By providing personal or proprietary information through the Hyperion Site, you consent to the lawful transmission of such information across international borders as necessary for processing in accordance with Hyperion’s standard business practices and the Privacy Policy.

Hyperion may access, preserve, and disclose your Account information and User Content if required by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Hyperion, its Users, or the public.

12. Cookies and Tracking Technologies

The Hyperion Site uses cookies, web beacons, pixels, and similar tracking technologies to enhance your experience, analyze usage, and deliver targeted content. For detailed information on the types of cookies we use, how we use them, and your choices regarding cookies, please refer to our Privacy Policy and any applicable Cookie Policy posted on the Hyperion Site.

13. Accessibility

Hyperion is committed to making the Hyperion Site accessible to all Users, including individuals with disabilities. If you experience any accessibility barriers or need assistance accessing any portion of the Hyperion Site, please contact us at the contact information provided below.

14. Disclaimers

THE HYPERION SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR RESOURCES (“LINKED SITES”). HYPERION HAS NO CONTROL OVER AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY LINKED SITE. HYPERION EXPRESSLY DISCLAIMS ALL LIABILITY RELATED TO LINKED SITES, INCLUDING ANY THIRD-PARTY DATA COLLECTION OR PROCESSING PRACTICES.

ALL SERVICES ON THE HYPERION SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

HYPERION DOES NOT WARRANT THAT: (I) THE HYPERION SITE WILL BE AVAILABLE AT ALL TIMES OR LOCATIONS; (II) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE HYPERION SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE OPINIONS AND INFORMATION PROVIDED BY HYPERION IN EMAILS, DIRECT MESSAGES, ARTICLES, BLOG POSTS, AND AI-GENERATED OUTPUTS (COLLECTIVELY, THE “MARKETING INFORMATION”) ARE PROVIDED “AS IS.” NOTHING IN THE MARKETING INFORMATION CONSTITUTES LEGAL, TAX, FINANCIAL, OR PROFESSIONAL ADVICE. HYPERION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE MARKETING INFORMATION OR THE RESULTS OF RELIANCE ON SUCH INFORMATION. PLEASE CONSULT A QUALIFIED PROFESSIONAL FOR SPECIFIC ADVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers above shall apply to the fullest extent permitted by applicable law.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERION, ITS LICENSORS, BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR THE COST OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE HYPERION SITE, THE SERVICES, OR ANY LINKED SITE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF HYPERION OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL HYPERION’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE HYPERION SITE EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO HYPERION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE HYPERION SITE IS TO DISCONTINUE USE OF THE HYPERION SITE.

Some jurisdictions do not allow the limitation of liability. In such jurisdictions, the liability of Hyperion and the Related Parties shall be limited to the fullest extent permitted by applicable law.

16. User Warranties and Indemnification

By posting User Content to the Hyperion Site, you warrant that you own or otherwise control all rights necessary to submit such content, including all rights to provide, post, upload, or input that content, or that your use of the content constitutes protected fair use.

You agree to indemnify, defend, and hold harmless Hyperion and the Related Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your User Content; (b) your use of the Hyperion Site or the Services; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property, privacy, or proprietary right.

17. Digital Millennium Copyright Act (DMCA)

Hyperion respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Hyperion Site infringes your copyright, please submit a written notification to Hyperion’s designated agent at the contact information below, including:

(i) your name and contact information;

(ii) identification of the copyrighted work you believe has been infringed, including any relevant registration numbers;

(iii) identification of the material on the Hyperion Site that you believe infringes your work, with sufficient detail to enable Hyperion to locate it;

(iv) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;

(v) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner; and

(vi) your physical or electronic signature.

Hyperion reserves the right to remove content alleged to be infringing and to terminate the accounts of repeat infringers in accordance with applicable law.

18. Dispute Resolution

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions.

Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact Hyperion at the contact information below and attempt to resolve any dispute informally for a period of at least thirty (30) days.

Arbitration. If the parties are unable to resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Hyperion Site shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HYPERION AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

19. International Use

The Hyperion Site is operated from the United States. If you access the Hyperion Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws. Hyperion makes no representation that the Services or content on the Hyperion Site are appropriate or available for use in any particular jurisdiction.

20. Notice to California Residents

Under California Civil Code Section 1789.3, California residents who hold an Account may be entitled to certain consumer rights information. If you are unable to resolve a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

22. Waiver

No failure or delay by Hyperion in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any provision on one occasion shall not be deemed a waiver of any other provision or of the same provision on any subsequent occasion.

23. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Hyperion with respect to the Hyperion Site and supersede all prior or contemporaneous communications, proposals, and agreements (whether oral, written, or electronic) between you and Hyperion regarding the Hyperion Site.

24. Assignment

You may not assign or transfer these Terms or any of your rights hereunder without Hyperion’s prior written consent. Hyperion may assign these Terms, in whole or in part, without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

25. Force Majeure

Hyperion shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond Hyperion’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, cyberattacks, power failures, internet disruptions, or labor disputes.

26. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Hyperion Site, please contact us at:

Hyperion Intelligence, Inc.
Email: support@hyperionintelligence.co
Website: www.hyperionintelligence.co

By using the Hyperion Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Website Terms of Use