Last updated: October 4th, 2023

Welcome to HyperGo! These Terms of Service ("Terms") govern your access to and use of the HyperGo LLC website, services, and applications (collectively, the "Services") and are a binding contract between you and HyperGo LLC ("HyperGo," "we" and "us"). By using the Services you agree to and accept all of the Terms. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. Eligibility To use our Services, you must be at least 13 years old. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to agree to these Terms.

2. Account Registration To fully access our Services, you may be required to create an account with HyperGo. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account information and password and for any activities that occur under your account.

3. License Grant Subject to your compliance with these Terms, HyperGo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for both personal and commercial purposes.

4. Restrictions You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You also agree not to engage in any activity that may interfere with or disrupt the Services or the servers and networks connected to the Services.

5. Changes to Services HyperGo reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that HyperGo will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.

6. No Guarantees (a) HyperGo currently offers its users the ability to create unlimited link pages for free. However, we reserve the right to change this offering at any time, without prior notice. We may impose limits on the number of link pages or charge fees for our Services in the future. (b) Although we currently do not display ads on user pages, we reserve the right to introduce advertisements on the platform at our discretion. By using our Services, you acknowledge and agree that we may introduce advertisements in the future without prior notice.

7. Termination We may terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason or no reason, including, but not limited to, if you breach these Terms.

8. Disclaimer Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. HyperGo disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

9. Limitation of Liability In no event will HyperGo be liable for any direct, indirect, special, incidental, punitive, or consequential damages, including, but not limited to, lost profits, loss of data, or loss of use, arising out of or in connection with the use of our Services, even if advised of the possibility of such damages.

10. Governing Law These Terms will be governed by and construed in accordance with the laws of the jurisdiction in which HyperGo is incorporated, without regard to its conflict of law provisions.

11. Changes to Terms HyperGo may revise these Terms at any time by updating this posting. You should visit this page periodically to review the current Terms, as your continued use of the Services constitutes your acceptance of any changes.

12. Contact Information If you have any questions about these Terms, please contact us at contact@hypergo.io.

13. Entire Agreement These Terms, together with our Privacy Policy, constitute the entire agreement between you and HyperGo with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

14. Waiver and Severability No waiver by HyperGo of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HyperGo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

    If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without HyperGo's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. HyperGo may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16. Indemnification You agree to defend, indemnify, and hold harmless HyperGo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any content you submit, post, or transmit through the Services, and any use of the Services' content, services, and products other than as expressly authorized in these Terms.

17. Force Majeure HyperGo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Feedback and Suggestions We welcome and encourage you to provide feedback, comments, and suggestions for improvements to our Services ("Feedback"). You may submit Feedback by contacting us at contact@hypergo.io. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

19. Third-Party Links and Services Our Services may contain links to third-party websites or services that are not owned or controlled by HyperGo. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that HyperGo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

20. How does HyperGo make money? In addition to possible ads, HyperGo may earn affiliate commissions for clicks where its affiliate tracking information has been added to the link. HyperGo may also, in its sole discretion, choose to monetize items in your User Submission or on the Services more generally. HyperGo reserves the right to select which items are monetized and how they are monetized, and HyperGo may, in its sole discretion, add or remove items without notice. HyperGo may, in its sole discretion, aggregate data to discern common trends relating to product selection and engagement into datasets that it may make commercially available. No Personal Identifying Information will be used or included in these datasets.

    For questions or interest in data analysis and insights, advertising, or promotional opportunities with HyperGo relating to your User Submission or the service in general, you may contact HyperGo at contact@hypergo.io.

    Any link to a third party may be converted into a monetized link via the use of an affiliate program or other means. By default, HyperGo will earn the credit, if any, from a resulting click or purchase from said link.

    HyperGo is a participant in the Amazon Associates Program and other affiliate programs. Amazon Associates Program is an affiliate advertising program that allows sites to earn advertising fees by advertising and linking to Amazon. You too may be an Amazon Associate and thereby share the following guidance to your viewers on HyperGo: As an Amazon Associate I earn from qualifying purchases.

    HyperGo may, at its discretion, replace certain links on its platform with affiliate links to online stores. By using our Services, you acknowledge and agree to this provision. The introduction of affiliate links will not affect the basic functionality of the Services, and we will strive to ensure that it does not disrupt your user experience.

21. DMCA/Copyright Policy HyperGo respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.

    If you believe that your content has been copied or used in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

    (a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Your contact information, including your address, telephone number, and an email address; (e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our Designated Copyright Agent can be reached at contact@hypergo.io.

22. International Users Our Services are controlled and operated from our facilities in the jurisdiction in which HyperGo is incorporated. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.

23. Notice for California Users Under California Civil Code Section 1789.3, users of our Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

24. Questions and Contact Information If you have any questions about these Terms or our Services, please do not hesitate to contact us at contact@hypergo.io.