HyperFound — Terms of Service
Last updated: 25 June 2026 · Version 1.0 Binding language: English. Any translation is provided for convenience only.
1. Parties; acceptance; business-only
These Terms of Service (the "Terms") are a binding agreement between Tom Marx, an individual entrepreneur (empresario individual / autónomo) established in Spain, tax ID Y7134879V (NIE), business address Avenida la Reserva S/N, 12/1B, URB. Senda Chica, 11310 Sotogrande (San Roque, Cádiz), Spain, trading as "HyperFound" ("HyperFound", "we", "us"), and the business identified at sign-up or on an Order Form ("Customer", "you").
By creating an account, accessing the Service, or executing an Order Form, you agree to these Terms. If you accept on behalf of an entity, you represent you have authority to bind it.
Business use only. The Service is offered exclusively to businesses, professionals, and traders (empresarios/profesionales) and not to consumers (consumidores within the meaning of the Spanish consumer-protection law, TRLGDCU). You confirm you are contracting for purposes related to your trade, business, or profession. Users must be at least 18.
2. Definitions
"Service" — HyperFound's AEO / AI-visibility platform, website, APIs, software, models, and related offerings. "Customer Content" — data, files, prompts, queries, URLs, and other materials you submit. "Order Form" — an ordering document referencing these Terms. "Plan" — the subscription tier and feature set you select. "Output" — reports, measurements, and insights the Service generates for you. "Documentation" — our published product docs. "Scan Budget (B)" — the conserved prompts × engines allowance for your Plan.
3. The Service; licence
Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription, per your Plan and the Documentation. We may update, add, or discontinue features; we use commercially reasonable efforts not to materially degrade core functionality during a paid term.
4. Accounts, users & security
You are responsible for your account credentials and for all activity under your account, and for your users' acts and omissions. Keep credentials confidential; notify us promptly of any suspected unauthorised use. Credentials are per-user and may not be shared.
5. Plans, Scan Budget & free trial
Your Plan sets your features and Scan Budget (B). Engine/prompt usage is governed solely by B (prompts × engines); adding geographic regions consumes B. Current Plans and prices are at hyperfound.ai/pricing (we do not restate prices here).
Free trial. We may offer a 14-day free trial to new customers at sign-up on the entry Plan. A valid payment method is required up-front. Unless you cancel before the trial ends, the subscription automatically converts to paid and the first charge is taken at the end of the 14-day period. Trials are provided "as is", without warranty or service-availability commitment. (Existing customers upgrading from settings are charged immediately and are not on trial.)
6. Fees, billing, taxes & late payment
Fees are billed in advance to your payment method on the cycle you select — monthly or quarterly — via our payment processor (Stripe). Fees are in the currency stated at checkout, exclusive of VAT/IVA and other taxes, which you pay. You authorise us (and Stripe) to charge all fees as they fall due. No refunds except as expressly stated in these Terms or required by law.
Late payment. Overdue B2B amounts accrue statutory interest under Ley 3/2004 (combating late payment in commercial transactions; the reference rate plus the statutory margin), plus reasonable recovery costs, without prejudice to suspension under §8.
7. Plan changes
You may change Plans from your account; mid-cycle changes are prorated. A downgrade does not delete your data; entitlements simply re-gate to the new Plan.
8. Term, termination & suspension
Subscriptions renew automatically each cycle (monthly/quarterly) until cancelled. You may cancel anytime via the billing portal; cancellation takes effect at the end of the then-current paid period (no partial refunds). Either party may terminate for uncured material breach (30 days' notice; 10 days for non-payment) or on insolvency.
Non-payment. If a charge fails, your subscription enters a retry/grace window (our processor retries for approximately three weeks). If it remains unpaid, we suspend access — your tier and data are retained, not deleted or downgraded; access resumes on payment. We may also suspend immediately for an Acceptable-Use breach or a security/legal/reputational risk.
9. Acceptable Use
You will not, and will not permit any user to: (a) resell, sublicense, or provide the Service to third parties outside your organisation (except as a white-label Plan expressly permits); (b) scrape, crawl, or bulk-extract the Service or its data; (c) reverse-engineer or attempt to derive our source, models, or methodology; (d) use the Service or its Output to train, fine-tune, or build a competing AI-visibility / AEO / benchmarking model; (e) publish benchmarks or comparative performance claims about the Service without our prior written consent; (f) make automated/bulk queries beyond your Scan Budget or circumvent rate/budget limits; (g) game, manipulate, or falsify tracked metrics, prompts, or brand data; (h) use the Service unlawfully, infringe third-party rights, upload malware, or probe security. We may investigate and suspend, throttle, or terminate for actual or suspected violations.
10. Customer Content, intellectual property, Outputs & feedback
Your content. You retain all rights in Customer Content and grant us a licence to host, process, and use it to provide, secure, support, and improve the Service, and as the DPA permits. You warrant you have the rights/consents to provide it.
Our IP. We retain all rights in the Service, software, models, methodology, and Documentation.
Outputs. You may use, copy, and incorporate the Output generated for you for your internal business purposes during your subscription. Outputs derive from public AI-engine responses; identical or similar Output may be generated for other customers, and you have no exclusivity in Output. We have no duty to prevent overlap.
Feedback. Any feedback you provide may be used by us without restriction or compensation.
11. AI: disclaimers & no guaranteed results
The Service measures third-party AI-engine outputs. Those outputs, and our measurements derived from them, may be inaccurate, incomplete, outdated, biased, or fabricated ("hallucinated"). We measure how content appears in AI engines; we do not verify its truth. You are solely responsible for independently evaluating and verifying any Output before relying on it. Nothing in the Service is professional, legal, financial, or marketing advice. We make no guarantee that using the Service will improve, maintain, or affect your visibility, ranking, or sentiment in any AI engine. AI engines are operated by third parties and may change, restrict, or discontinue access at any time; we do not guarantee continued compatibility with any specific engine.
12. Data protection
Our processing of personal data is governed by the Privacy Policy and, where we process personal data on your behalf (including website-visitor data from the tracking script), the Data Processing Addendum (DPA) — incorporated by reference and auto-applicable to all paid Plans; an enterprise counter-signed copy is available on request. A current list of our sub-processors is available on request and updated with at least 30 days' notice. You are the controller and we are the processor for such data.
13. Warranties & disclaimers
We warrant the Service will perform materially in line with the Documentation; your sole remedy for breach is re-performance or, failing that, termination of the affected Plan and a pro-rata refund of pre-paid unused fees. Except as expressly stated, the Service is provided "as is" and "as available", and to the fullest extent permitted by law we disclaim all other warranties (merchantability, fitness, non-infringement, accuracy). This does not exclude liability that cannot be excluded under Spanish law.
14. Limitation of liability
Under the Spanish Código Civil (arts. 1101–1107), and to the fullest extent permitted by law:
- Neither party is liable for indirect, consequential, or special damages, lost profits, lost revenue, or lost data.
- Each party's total aggregate liability arising out of or relating to these Terms is capped at the fees paid or payable by you in the 12 months preceding the event giving rise to the claim.
- Carve-outs (no exclusion or cap): liability for willful misconduct (dolo), which cannot be waived under art. 1102 CC; gross negligence; death or personal injury; your payment obligations; your breach of §9 (Acceptable Use) or §10 (Intellectual Property); and any liability that cannot be limited under applicable law.
15. Indemnification
You will defend and indemnify us against third-party claims arising from your Customer Content, your use of the Service in breach of these Terms or law, or your violation of third-party rights.
16. Service availability
We aim to provide a reliable Service on a commercially reasonable, best-efforts basis. We do not offer a contractual uptime commitment or service credits on current Plans; availability targets are operational goals only, and your sole remedy for unavailability is termination per §8. (A credit-backed SLA may be offered to enterprise customers under an Order Form once the Service runs on dedicated infrastructure.) We exclude downtime from scheduled or emergency maintenance, third-party/infrastructure failures (including the AI engines themselves), and force majeure.
17. EU Data Act — switching & export
Consistent with Regulation (EU) 2023/2854 (Data Act), on termination you may retrieve and export your data in a structured, commonly-used, machine-readable format, and we provide reasonable switching assistance. The export window is 30 days after termination, after which data may be deleted (consistent with the DPA and Privacy Policy).
18. Confidentiality
Each party will protect the other's non-public information disclosed under these Terms, use it only to perform under these Terms, and not disclose it except to representatives bound by confidentiality. This excludes information that is public, already known, independently developed, or lawfully received from a third party.
19. Marketing reference
We may identify you as a customer using your name and logo in our marketing materials in a fair, accurate manner. You may opt out at any time for a legitimate reason by written notice; we will cease prospective use within a reasonable period.
20. Export control & sanctions
You represent that you are not located in, or a resident/national of, a comprehensively sanctioned country and are not on an applicable EU/UK/US restricted-party list, and you will comply with applicable export-control and sanctions laws.
21. Changes to these Terms
We may modify these Terms for future periods by giving notice on a durable medium (email or in-app) at least 30 days in advance. Material changes take effect on your next renewal; continued use after the effective date constitutes acceptance. If you object, you may terminate before the change takes effect. Changes required by law take effect as stated.
22. General
Assignment — you may not assign without our consent; we may assign in a merger, reorganisation, or asset transfer (including our planned relocation — see §23). Subcontractors — we may use them and remain responsible. Entire agreement / precedence — these Terms together with any Order Form, the DPA, the Privacy Policy, and the Cookie Policy are the entire agreement; order of precedence: the DPA (for personal-data matters) › Order Form › these Terms › Documentation. Severability, no waiver, independent contractors, and no third-party beneficiaries apply. "Including" means "including without limitation". Language: the binding version is English.
23. Governing law & jurisdiction (Spain)
- Governing law: the laws of Spain, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.
- Jurisdiction: the courts of San Roque (Cádiz), Spain. Either party may seek injunctive relief to protect intellectual property or confidential information in any court of competent jurisdiction.
- Information-society obligations: LSSI-CE (Ley 34/2002) applies; the provider's identifying information appears in §1 above, and cookie matters are covered in our Cookie Policy (LSSI Art. 22.2).
- Planned relocation: if HyperFound relocates its operating entity to Singapore, governing law and forum will be updated to the Singapore equivalents and existing subscriptions assigned to the successor entity under §22; the DPA's transfer mechanisms update accordingly.