These Terms of Service ("Terms") govern access to and use of the HYPD platform, website, tools and integrations (the "Service") provided by HYPD Advertising Intelligence GmbH, Attilastraße 16, 12529 Schönefeld, Germany, registered at Amtsgericht Cottbus under HRB 18651 CB ("HYPD", "we", "us").
HYPD is a company established in Germany. The Service, and all processing of personal data in connection with it, is subject to the General Data Protection Regulation (GDPR) and German law.
By creating an account, connecting a platform, or using any part of the Service, you agree to these Terms. If you do not agree, do not use the Service. You can download and save these Terms at any time from https://www.hypd.ai/terms.
1. Business customers only
1.1 The Service is offered exclusively to businesses, self-employed professionals and other entities acting in a commercial or professional capacity (entrepreneurs within the meaning of § 14 of the German Civil Code, BGB). It is not offered to consumers.
1.2 By registering you confirm that you act as, or on behalf of, such an entity, and that you are authorised to bind it. "Customer" or "you" means that entity. Individuals using the Service under a Customer's account are "Users".
1.3 These Terms, together with the Order (the plan you select in the app or a written order form), the Data Processing Agreement at https://www.hypd.ai/dpa ("DPA") and the Privacy Policy at https://www.hypd.ai/privacy, form the entire agreement between you and HYPD (the "Agreement"). In case of conflict, the Order prevails over these Terms for commercial terms, and the DPA prevails for the processing of personal data. Your own general terms do not apply, even if we do not expressly object to them.
2. Definitions
- Connected Platform means a third-party advertising, analytics or measurement service you connect to the Service, such as Google Ads, Google Analytics, Google Merchant Center, Google Search Console, Google Tag Manager, Meta Ads, LinkedIn Ads, Microsoft Advertising or TikTok for Business.
- Customer Data means all data retrieved from your Connected Platforms, the prompts, questions and account context you provide, and any other data you or your Users submit to the Service.
- Output means analyses, reports, summaries, recommendations and other results the Service generates for you, including AI-generated content.
- Write Actions ("Actions") means changes the Service applies to a Connected Platform on your approval, as described in Section 5.
- Marketing Intelligence Data means third-party data made available through the Service, such as keyword, search results, shopping, competitor and ad library data.
- AI Assistant means a third-party AI assistant, such as Claude or ChatGPT, that you connect to the Service.
3. Account and Users
3.1 You must provide accurate registration details and keep them current. You are responsible for all activity under your account and for keeping credentials confidential, unless the unauthorised use was not attributable to you. Notify us promptly at help@hypd.ai of any unauthorised use.
3.2 Depending on your plan you may invite Users. You are responsible for your Users' compliance with these Terms and for having the right to invite them and to give them access to your Connected Platforms. Invited Users are informed about HYPD's processing of their data in the invitation email and the Privacy Policy.
3.3 You must be legally able to enter into contracts and at least 18 years old.
4. The Service
4.1 What HYPD does. The Service connects to your Connected Platforms through their official APIs, after you authorise each connection, and provides analyses, audits, reports, alerts, recommendations and conversational answers about your accounts, plus Marketing Intelligence Data on paid plans.
4.2 Read-only by default. Unless you enable Write Actions, every integration is read-only. HYPD does not create, edit, publish or delete anything in your Connected Platforms.
4.3 Use inside AI Assistants. You may use the Service through an AI Assistant via the Model Context Protocol. The AI Assistant is provided by its operator under your own agreement with that operator. By connecting an AI Assistant you expressly instruct HYPD to transmit Customer Data, including Connected Platform Data, to the operator of that AI Assistant for the purpose of answering your requests; HYPD records the connection as proof of that instruction, and you may withdraw it at any time by disconnecting the AI Assistant. Access through an AI Assistant uses your own authorisation with each Connected Platform; HYPD does not route requests of different customers through shared credentials. HYPD is not responsible for the AI Assistant, its availability, or how its operator processes the conversation, including the Output HYPD returns into it.
4.4 AI-generated Output. Output is generated with the help of large language models and may be incomplete, inaccurate or unsuitable for your purposes. Output is information to support your decisions, not advice. You must review Output with qualified judgement before relying on it, and you are solely responsible for decisions you make based on it. HYPD does not provide legal, tax, financial or other professional advice.
4.5 Marketing Intelligence Data. Marketing Intelligence Data is licensed from third parties and provided as is. It may be incomplete, delayed or inaccurate. You may use it only within the Service and for your own business purposes, including in reports and other Output you share with your own clients. You may not provide it to anyone as a standalone dataset, feed or database, extract, resell or systematically copy it, or use it to build a database or a competing product.
4.6 No lead records. For data protection reasons, and to keep the personal data HYPD holds to a minimum under the GDPR, the Service does not retrieve lead form submissions, the members of customer lists or audiences, or any other record about your customers or advertising audiences from Connected Platforms. You may not attempt to obtain such data through the Service.
4.7 Changes to the Service. We develop the Service continuously and may add, change or remove features. If a change materially reduces the core functionality you pay for, we will inform you in advance and you may terminate the affected plan with effect from the date the change takes effect, with a pro-rata refund of prepaid fees. Features marked as beta, preview or experimental are provided for testing, may be withdrawn at any time, and are excluded from any availability commitment.
4.8 Availability. We aim for high availability but do not guarantee uninterrupted access. We may perform maintenance, where possible outside European business hours and with advance notice for planned downtime.
5. Write Actions
5.1 Opt-in. Write Actions are disabled by default. An account owner may enable Write Actions per account for the Connected Platforms where they are offered. Write Actions may be disabled again at any time.
5.2 Approval sequence. The Service applies a change only after the following steps: the Service prepares a draft; the draft with its full details is shown to a User; the User, signed in to HYPD and acting under their own authorisation with the Connected Platform, approves the draft; and the approval is locked together with the approving User, the time and the complete change details. No change is applied without that approval.
5.3 Change log. Every applied change is recorded in an immutable change log available to you in the Service, mapped to the approving User and the affected account. Where the policies of a Connected Platform require it, HYPD may make the log available to that platform's operator.
5.4 Responsibility. HYPD is responsible for applying an approved draft exactly as approved; Section 13 applies. You decide whether to approve a draft and you are solely responsible for every approved change, its effect on your Connected Platforms, your advertising spend and your results. You confirm that the approving User has the authority to make the change. HYPD's liability in connection with Write Actions is governed exclusively by Section 13.
5.5 Platform limits. Write Actions depend on the APIs of the Connected Platform. We may limit, suspend or discontinue Write Actions for a platform if the platform's terms, API or policies require it.
6. Your obligations and acceptable use
6.1 You confirm that you are authorised to connect each Connected Platform, that doing so complies with the platform's terms, and that you have all rights, consents and legal bases needed for HYPD to process Customer Data as described in the Agreement. In particular, you confirm that you have accepted and comply with the terms applicable to each account you connect, including the Google Ads Terms and Conditions, the Meta Terms of Service, Advertising Standards and Commercial Terms, the LinkedIn Ads Agreement, the Microsoft Advertising Agreement and the TikTok for Business terms.
6.2 You remain solely responsible for your Connected Platforms, your campaigns and settings, all charges owed to the platforms, and compliance with their policies.
6.3 You must not, and must not allow others to:
- use the Service in breach of any law, including advertising, competition and data protection law;
- submit special categories of personal data (Art. 9 GDPR) or data about children to the Service;
- reverse engineer, decompile or attempt to derive the source code of the Service, except where the law permits;
- copy, modify or create derivative works of the Service, or use it to build a competing product;
- circumvent usage limits, security or access controls, or share one account across multiple organisations;
- use bots, scrapers or automated means to access the Service other than through interfaces we provide for that purpose;
- introduce malware or harmful code, or interfere with the integrity or performance of the Service;
- resell, sublicense or provide the Service to third parties, unless your plan allows agency use for your clients, in which case § 4.9 of the DPA applies.
6.4 We may monitor use of the Service to enforce these Terms and may suspend access in accordance with Section 15.
6.5 You are responsible for keeping copies of Output and other content you rely on. HYPD keeps backups of the Service for operational purposes only.
7. Customer Data and privacy
7.1 Ownership. You retain all rights in Customer Data. You grant HYPD a non-exclusive, worldwide, royalty-free licence to host, process, display and transmit Customer Data as necessary to provide the Service and as otherwise permitted by the Agreement.
7.2 Data processing. Where Customer Data contains personal data, HYPD processes it as your processor under the DPA, which forms part of these Terms and applies to every Customer. Our Privacy Policy describes how we process personal data as controller.
7.3 Aggregated and anonymised data. You instruct HYPD to create aggregated and anonymised data from Customer Data and from the use of the Service, as described in the DPA, and permit HYPD to use it during and after the term to operate and improve the Service, including benchmarks shown to customers and the rules and heuristics behind HYPD's recommendations. Such data does not identify you, your Users, your accounts or any individual, and is not Customer Data. HYPD may use such data as set out in this Section, subject to the terms of the Connected Platforms from which the underlying data was obtained. In particular: data obtained from Meta is excluded from aggregation and is used solely to analyse and optimise your own Meta campaigns; data obtained from LinkedIn is aggregated only to provide performance reporting and benchmarks to customers, never contains member-level data, and by connecting a LinkedIn ad account you agree, as the controlling account manager, to this aggregation; data obtained through Google APIs is used in aggregated, anonymised form only as permitted by the Google API Services User Data Policy. Customers on an enterprise Order may opt out of the use of their Customer Data under this Section.
7.4 Model training. HYPD does not permit its AI model providers to use Customer Data to train their models, and HYPD does not train AI or machine learning models on Customer Data, whether identifiable, aggregated or anonymised. HYPD uses your Customer Data to personalise and improve the analyses and recommendations it provides to you. The models and algorithms that power the Service are improved using data about how the Service itself is used, as described in the Privacy Policy.
7.5 Deletion, return and export. You can delete your account and data at any time in the app settings or by request to privacy@hypd.ai; deletion is completed within 30 days as set out in the Privacy Policy. Where you need personal data returned instead of deleted, the DPA applies. During the term, and on request within 30 days after termination, HYPD provides an export of your Output, your account context and the Connected Platform Data HYPD stores for you, in a common machine-readable format.
7.6 Switching. You may switch to another provider or to your own systems at any time. HYPD supports switching as required by Regulation (EU) 2023/2854 (Data Act): the export under Section 7.5 is provided free of charge, no notice period longer than two months applies to termination for this purpose, and HYPD keeps your data available for retrieval for 30 days after termination before deleting it.
8. Third-party services
8.1 Connected Platforms are provided by their operators under their own terms. HYPD has no control over them and is not responsible for their availability, changes to their APIs, or their data. If a Connected Platform withdraws or restricts API access, HYPD will inform you without undue delay. If a connector that is part of the core functionality you pay for is affected for more than 14 days, you may terminate the affected plan with effect from the date the restriction took effect, and HYPD will refund prepaid fees pro rata for the remainder of the billing period.
8.2 AI model providers. HYPD uses third-party large language models to generate Output. They are operated in EU regions, are contractually prohibited from training on Customer Data, and retain requests only transiently for abuse monitoring, as described in the Privacy Policy. You instruct HYPD to disclose Customer Data, including Connected Platform Data, to the AI model providers listed in the DPA solely to generate Output for you.
8.3 Google API Services. HYPD's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
9. Plans, fees and payment
9.1 Plans. The Service is offered in the plans and at the prices shown at https://www.hypd.ai/pricing or in your Order. Plan limits, such as the number of accounts, Users and credits, are part of the Order.
9.2 Free plan and trial. The free plan may be used without payment within its limits. Paid plans start with a 14-day free trial that requires no payment method. The trial converts to a paid subscription only if you add a payment method and subscribe. If you do not subscribe before the trial ends, your account automatically continues on the free plan with its limits. Nothing is charged, and your data and connections are kept.
9.3 Billing and renewal. Paid plans are billed monthly in advance through our payment processor. By providing a payment method you authorise us to charge all fees due. Subscriptions renew automatically each month until cancelled.
9.4 Cancellation. You may cancel a paid plan at any time in the app. Cancellation takes effect at the end of the current billing period; you keep access until then. Fees for the current period are not refunded, and fees are not refunded for unused time or unused limits.
9.5 Add-ons. Additional accounts, Users or other add-ons you select are part of your plan, are billed with it, and end with it. You may also cancel an add-on individually by request, with effect from the end of the current billing period.
9.6 Credits. Marketing Intelligence features consume credits. Plan credits are included in the monthly fee, are granted each month, reset at the start of each billing period and do not carry over. Additional credits you purchase ("top-ups") are prepaid and non-refundable; they are retained, carry over from month to month, and do not expire while your account exists. If HYPD terminates the Agreement under Section 15.3, or you terminate under Section 4.7 or 8.1, HYPD refunds unused purchased credits.
9.7 Price changes. We may change prices and plan limits with at least 30 days' notice by email, not more than once in any 12 months and not during a committed term under an Order. Changes apply from the next billing period after the notice period. If a change increases your fees by more than 10 percent, you may terminate the affected plan with effect from the date the change takes effect.
9.8 Taxes. Prices exclude VAT and other applicable taxes, which are added where required. If you provide a valid VAT ID we apply the reverse charge mechanism where permitted.
9.9 Late payment. If a payment fails we may suspend paid features after reminding you. Statutory default interest and recovery costs apply.
9.10 Set-off and retention. You may set off only claims that are undisputed, ready for decision or finally adjudicated, and may exercise a right of retention only for counterclaims arising from the same contract.
10. Intellectual property
10.1 HYPD and its licensors own all rights in the Service, including software, models, prompts, interfaces, documentation and improvements. You receive only the limited, non-exclusive, non-transferable right to use the Service during the term in accordance with the Agreement.
10.2 As between you and HYPD, you may use Output for your business purposes, including sharing it with your clients. To the extent HYPD holds rights in Output, HYPD grants you an exclusive, perpetual, irrevocable, transferable right of use on generation. This does not affect HYPD's rights in the Service or in aggregated and anonymised data under Section 7.3. Similar Output may be generated for other customers.
10.3 If you give us feedback or suggestions, we may use them without restriction or compensation.
10.4 With your prior consent, which you may give in the app, by email or in an Order, we may name you as a customer and display your name and logo on our website and in marketing materials. You may withdraw this consent at any time with effect for the future.
11. Confidentiality
11.1 Each party will treat the other's confidential information with at least reasonable care, use it only for the purposes of the Agreement, and disclose it only to employees, contractors and service providers who need to know it and are bound by confidentiality obligations. Customer Data is your confidential information; the non-public features, pricing and documentation of the Service are HYPD's.
11.2 These obligations do not apply to information that is or becomes public without breach, was already lawfully known to the receiving party, is received lawfully from a third party, or is developed independently. A party may disclose confidential information where required by law or court order, giving the other party notice where legally permitted.
11.3 These obligations survive termination for three years, for Customer Data for as long as it is held, and for trade secrets for as long as they remain trade secrets.
12. Warranty
12.1 The Service is provided with the functionality described in the documentation at the time of use. HYPD will remedy reproducible defects that materially impair that functionality within a reasonable time. Report defects at help@hypd.ai with enough detail to reproduce them.
12.2 HYPD does not warrant that the Service is error-free or uninterrupted, that Output is accurate, complete or fit for a particular purpose, or that use of the Service will achieve particular advertising or business results. Section 4.4 applies to Output.
12.3 Strict liability for defects that existed at the time of concluding the Agreement, § 536a(1) BGB, is excluded.
12.4 Warranty claims are excluded where the defect results from your misuse, from Connected Platforms or AI Assistants, or from changes you or third parties made.
13. Liability
13.1 HYPD is liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects, and under any guarantee HYPD has expressly given.
13.2 For damage caused by ordinary negligence, HYPD is liable only for breach of a material contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the Agreement possible at all and on which you regularly rely. In that case liability is limited to the damage typical for this type of contract and foreseeable at the time of conclusion. Applying an approved Write Action exactly as approved is such a material obligation.
13.3 In the cases of Section 13.2, HYPD's total liability for all claims arising in a contract year is limited to the greater of (a) the fees you paid to HYPD in the twelve months preceding the event giving rise to the claim and (b) EUR 5,000. This limitation does not apply to liability under Section 13.1.
13.4 For loss of data, HYPD's liability under Section 13.2 is limited to the cost of restoring the data from backups that you could reasonably be expected to keep.
13.5 Except where HYPD is liable under Sections 13.1 or 13.2, HYPD is not liable for indirect or consequential losses, including lost profits, lost revenue and advertising spend, in particular where they result from Output, from Write Actions you approved as drafted, from decisions you took on the basis of the Service, or from acts or omissions of Connected Platforms, AI Assistants or their operators.
13.6 Claims against HYPD, other than those under Section 13.1, become time-barred twelve months after the statutory limitation period begins.
13.7 These limitations also apply to HYPD's managing directors, employees and agents.
14. Indemnity
14.1 You will indemnify HYPD against third-party claims, including reasonable legal costs, arising from your or your Users' breach of Sections 5.4 or 6, or from Customer Data you submitted in breach of law or third-party rights. HYPD will notify you promptly, let you control the defence, and cooperate at your expense. You will not settle a claim in a way that admits fault on HYPD's behalf or imposes obligations on HYPD without HYPD's consent in text form.
14.2 HYPD will defend you against third-party claims that the Service, as provided by HYPD, infringes a third-party intellectual property right in the European Union, and will pay the resulting damages and costs awarded or agreed in settlement, subject to Section 13.3 and excluding claims caused by Customer Data, the content of Output, Marketing Intelligence Data, Connected Platforms or AI Assistants, or your use of the Service in breach of the Agreement. You will notify HYPD promptly, let HYPD control the defence, and cooperate at HYPD's expense. HYPD may, at its option, modify the Service to be non-infringing, obtain a licence, or terminate the affected plan with a pro-rata refund of prepaid fees.
15. Term, suspension and termination
15.1 Term. The Agreement starts when you create an account and runs until terminated. Paid plans run for monthly periods that renew automatically under Section 9.
15.2 Termination by you. You may terminate at any time by deleting your account in the app or by cancelling under Section 9.4.
15.3 Termination by HYPD. HYPD may terminate a free account or a paid plan with 30 days' notice to the end of a billing period, except during a committed term under an Order. HYPD may delete free accounts that have been inactive for 12 months after notifying you by email.
15.4 Termination for cause. Either party may terminate for cause without notice. Cause exists in particular if the other party materially breaches the Agreement and does not cure the breach within 14 days of a warning in text form, or where a warning is pointless, or if you are in default with payment for more than 30 days after a reminder.
15.5 Suspension. HYPD may suspend access, in whole or in part, where you fail to pay undisputed fees after a reminder, where we reasonably believe your use breaches Section 6 or the law, where a Connected Platform requires it, or where suspension is necessary to protect the Service or other customers. Where practicable we give notice before suspending. We will limit the suspension to what is necessary and lift it once the cause is resolved. Fees remain payable during a suspension caused by your breach; for any other suspension exceeding 24 hours, fees are reduced pro rata.
15.6 Effect of termination. On termination your access ends, fees due until the effective date remain payable, and we delete or anonymise your data within 30 days under the Privacy Policy and the DPA, subject to the export right in Section 7.5. Sections 7.3, 7.5, 7.6, 10, 11, 12, 13, 14, 17 and 18 survive. The DPA survives for as long as HYPD processes personal data on your behalf.
16. Changes to these Terms
16.1 We may change these Terms where necessary for legal, regulatory, technical or product reasons, or to reflect changes in the Service. We will notify you by email or in the app at least 30 days before the changes take effect and highlight the material changes.
16.2 If you do not object in text form before the changes take effect, or continue to use the Service after they take effect, the changes apply. We will point this out in the notice. If you object, you may terminate the Agreement with effect from the date the changes take effect, with a pro-rata refund of prepaid fees, and HYPD may terminate it with the same effect.
16.3 Changes to the core features of a paid plan, to Section 13 or to this Section 16 require your express agreement. Price changes are governed by Section 9.7. Changes to the way HYPD uses data obtained through Google APIs take effect only after you have consented to the updated Privacy Policy.
17. Governing law and jurisdiction
17.1 The Agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.
17.2 If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or have no general place of jurisdiction in Germany, the courts of Berlin, Germany have exclusive jurisdiction over all disputes arising from or in connection with the Agreement. HYPD may also sue you at your general place of jurisdiction.
18. Final provisions
18.1 Language. These Terms are provided in English and German. The English version is binding; the German version is a translation for convenience.
18.2 Assignment. You may not assign the Agreement without HYPD's consent in text form. HYPD may assign it to an affiliate or in connection with a merger, acquisition or sale of assets, with notice to you.
18.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of Connected Platforms or internet infrastructure, provided it informs the other party and resumes performance as soon as possible.
18.4 Form. Notices under the Agreement must be in text form (§ 126b BGB), including email. Our address for notices is help@hypd.ai; yours is the email address of your account.
18.5 Severability. If a provision is invalid, the remaining provisions stay in force and the statutory rule applies in place of the invalid provision.
18.6 No waiver. Failure to enforce a provision is not a waiver of it.
19. Contact
HYPD Advertising Intelligence GmbH, Attilastraße 16, 12529 Schönefeld, Germany. Amtsgericht Cottbus, HRB 18651 CB · VAT ID DE458705751. Managing directors: Ionut Ciobotaru, Philip Mohr, Simon Schneckenberger. General and support: help@hypd.ai · Privacy: privacy@hypd.ai.