Effective as of: July 12, 2023
Welcome to HYPERZ AI B.V. (referred to as "the Company", "we", "our" or "us"), a firm specializing in mobile technology with a focus on deep learning applications. We're passionate about transforming mobile photography using neural networks, deep learning, and computer vision techniques, and are committed to pioneering new ways for individuals to express their emotions via camera technology.
The User Agreement (referred to as "the Agreement") is applicable to all users and others ("Users", "you", where appropriate) who download, install, register, access, or use ("Use", "Using") our mobile application, HYPEGEN, and our website.
By Using HYPEGEN, you consent to this Agreement. If you do not agree to this Agreement—including the mandatory arbitration clause and class action waiver in Clause 15 (Dispute Resolution; Binding Arbitration)—do not Use HYPEGEN. Continued usage of HYPEGEN indicates acceptance of this Agreement.
This Agreement serves as a binding contract between you and us. You are accepting and agreeing to this Agreement for yourself or the entity you represent concerning the Use of HYPEGEN. If you are Using HYPEGEN on behalf of another individual or entity, you assert that you have the authority to accept this Agreement on their behalf, and that they agree to be accountable to us for any violations of this Agreement.
BY USING THE APPLICATION, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO AGREE TO THIS AGREEMENT. FOR USE OF THE AI IMAGE GENERATION FEATURE, YOU SPECIFICALLY AFFIRM THAT YOU ARE AT LEAST 18/21 YEARS OLD (DEPENDING ON THE LEGAL REQUIREMENTS OF YOUR LOCATION).
For any queries about this Agreement or HYPEGEN, please reach out to us at info@hyperz.ai (for more contact details, refer to Clause 22 "How to Contact Us").
NOTE: HYPEGEN uses a Neural Network Model known as Stable Diffusion, enabling users to generate personalized AI Images. For key queries on how Stable Diffusion technology operates, refer to their FAQ. For understanding how the AI Image Generation feature functions, please consult our brief FAQ.
How does it function? Users upload between 10 to 20 photos and select their gender (or choose "Other" to skip gender selection). These data are used to retrain a copy of the Stable Diffusion model for personalization. Once the model copy is retrained, it creates Images. Upon generation of Images, the model copy, along with the uploaded photos, are permanently erased from our servers. We impose certain restrictions on the use of Images in specific circumstances (for example, the use of nude photos or using photos of others without their consent). The complete list of restrictions can be found in Clause 6.
We do not utilize your Personal Data for broad training or creation of our distinct artificial intelligence/products. While we strive to moderate the settings of the AI model, you may still encounter content that is perceived as inappropriate. If you find any offensive or inappropriate content, please notify us at info@hyperz.ai. We will act promptly and use the information to refine our algorithm. Additionally, we request and appreciate your adherence to the rules of HYPEGEN use outlined in Clause 6 of this Agreement.
HYPEGEN is an application-based platform leveraging artificial intelligence to edit, alter, and transform your photos and videos. The application enables you to (a) upload photos and videos, and (b) edit and alter uploaded photos and videos. Any processing of photos or videos submitted through HYPEGEN is governed by our Privacy Policy.
We may, at any time and without prior notice, modify, expand, and enhance the application. Additionally, we may decide to stop operating part or sections of the application or selectively disable certain application features. You should not expect the application's continued provision or availability as part of your use. The decision to modify or remove HYPEGEN or any specific features is at our sole discretion.
General: Users should be at least 13 years old to use HYPEGEN. For EEA and UK residents, you must be at least 16 years old. To generate Images, you must be of legal age (at least 18 years old, or as required by your local laws).
If you are below the legal age (or under 18 in your jurisdiction), you may use HYPEGEN only under the supervision of a parent or legal guardian who agrees to these Terms. Parents or legal guardians agree to be responsible for the actions or omissions of the User under their care.
If you know of any user below the eligible age, please contact us at info@hyperz.ai (see Clause 22 "Contacting Us").
You also affirm that you have the authority to enter into this Agreement and that you have not been previously suspended or removed from using HYPEGEN.
You can establish an account ("Account") in HYPEGEN. When you do so, you agree to:
You can register your Account using a valid third-party account (e.g., via the Apple App Store or Google Play). Please note that your relationship with those third-party service providers is governed solely by your agreements with them.
For details regarding how we handle your information during your interaction with HYPEGEN, please consult our Privacy Policy. It governs the collection, processing, transfer, and storage of your data while you use HYPEGEN.
You have the ability to upload, edit, and create content (collectively "User Content") on HYPEGEN. Your raw content as well as any edited or AI-generated content remains your property. However, to enable the app’s functionality (processing your content, generating Images, displaying content in the app, or sharing edits), you grant us a limited license ("Company License") to use your User Content.
This license is revocable by deleting your content or account. For the AI Image Generation feature, the license terminates automatically once your Images are generated. You agree that if you upload someone else’s content without proper rights or consent, you will indemnify HYPEGEN against any claims arising from such actions.
HYPEGEN is designed for your enjoyment. You are responsible for ensuring that your use of the application does not disrupt others’ experiences. You must comply with all applicable laws and respect intellectual property and privacy rights.
You agree not to:
Additionally, if you use the AI Image Generation feature, you must adhere to any additional restrictions specified in this section and the associated technology license for Stable Diffusion.
All content on HYPEGEN (excluding your User Content) including text, images, videos, logos, and other materials are either owned or licensed by us. You are granted a limited, non-transferable, and revocable license to use such content solely for your personal use within the application. Any use beyond what is expressly permitted requires our written consent.
You must not remove or alter any copyright or trademark notices from the HYPEGEN content.
HYPEGEN offers both free and premium subscription features ("Purchased Content"). You must be over 18 (or of legal majority) to purchase any premium features.
Subscriptions and purchases are processed through third-party platforms (e.g., Apple App Store or Google Play). For questions about refunds or subscriptions, please contact the respective platform’s support team. We are not responsible for financial transactions or any refund claims beyond our control.
If you believe that content on HYPEGEN infringes on your copyright, please submit a written DMCA Notice to our Copyright Agent. Your notice must include your signature, identification of the copyrighted work, details of the allegedly infringing content, and your contact information.
Our Copyright Agent is located at:
Regulusweg 5, 2516AC, The Hague, The Netherlands
E-mail: info@hyperz.ai
Please note that false copyright claims may result in liability.
We welcome your feedback on HYPEGEN. By submitting feedback via the app, email, or app store reviews, you acknowledge that such feedback is not confidential and becomes our property, which we may use without any obligation to compensate you.
If your actions cause us to incur any loss or claims from third parties, you agree to indemnify and hold us and our associates harmless from any resulting costs or damages.
HYPEGEN is provided on an "as is" basis. We do not guarantee that the application will be error-free or free from harmful components. Use of the AI Image Generation feature is at your own risk.
In no event shall the Company or its associates be liable for any indirect, consequential, or special damages arising from your use of HYPEGEN. The total liability for any claim is limited to the amount paid by you for using HYPEGEN.
You hereby waive any claims against the Company and its associates to the fullest extent permitted by law, including any claims arising from negligence or other causes, and acknowledge that you have been informed of your rights under applicable law.
Except for small claims or where equitable relief is sought, any disputes arising from these Terms or your use of HYPEGEN will be resolved through confidential binding arbitration in The Hague, The Netherlands under the Streamlined Arbitration Rules and Procedures of JAMS. You agree to resolve disputes individually (no class or representative actions).
You and the Company agree that any arbitration will be governed by the Federal Arbitration Act (FAA) to the greatest extent permitted by law. The filing fees for any arbitration will be borne by you if you initiate it, and by the Company if it initiates arbitration. All appeals and enforcement matters shall be subject to the exclusive jurisdiction of the courts of The Hague.
You must file any claim within one year of the claim arising. You may opt out of binding arbitration within 30 days of agreeing to this Section by sending an opt-out notice to:
HYPERZ AI B.V.
Regulusweg 5, 2516AC
The Hague
info@hyperz.ai
These Terms and your use of HYPEGEN shall be governed by and construed in accordance with the laws of The Netherlands. Any disputes not subject to arbitration shall be resolved in the courts located in The Hague, The Netherlands.
We may modify these Terms from time to time. When significant changes are made, we will notify you through in-app notifications, email, or other appropriate means. Your continued use of HYPEGEN after such changes constitutes your acceptance of the revised Terms.
By using HYPEGEN, you consent to receive electronic communications from us (including emails, push notifications, and in-app notices) which will satisfy any legal requirement that such communications be in writing. You may opt out of promotional emails via the opt-out links, by adjusting your device settings, or by contacting us at info@hyperz.ai.
We reserve the right to terminate or suspend your access to HYPEGEN at any time, without prior notice, for any reason. Upon termination, all rights and licenses granted under these Terms will immediately cease, though provisions that by their nature should survive will continue to apply.
You affirm that you are not located in a country subject to U.S. government trade bans or on any denied entities list under applicable U.S. export regulations. You agree to comply with all U.S. and international export laws, ensuring that neither the software nor any related technical data is exported or re-exported in violation of these laws.
If you use HYPEGEN on an Apple iOS device, note that:
For any questions, complaints, or claims concerning the App, please contact:
HYPERZ AI B.V.
Regulusweg 5, 2516AC, The Hague
info@hyperz.ai
For any inquiries, complaints, or claims regarding these Terms or HYPEGEN, please contact us at:
HYPERZ AI B.V.
Regulusweg 5, 2516AC
The Hague
info@hyperz.ai
These Terms constitute the entire agreement between you and the Company regarding HYPEGEN and replace any previous agreements. They are written in English, and any laws requiring localization or non-electronic record retention are waived.
If any provision is found to be unenforceable, the remainder will remain in full force and effect. Failure to enforce any provision does not constitute a waiver of that provision. You may not transfer your rights under these Terms without our written consent, though we may freely assign our rights and obligations.