Last updated: 25 November 2025

These Terms of Service ("Terms") govern your access to and use of HYPD, a software-as-a-service platform (the "Service") provided by HYPD Advertising Intelligence GmbH ("HYPD", "we", "us", or "our").

By creating an account, connecting your advertising accounts, or using any part of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" or "Customer" refers to that entity.

1. Who We Are

HYPD Advertising Intelligence GmbH is a marketing automation platform – an AI Co-Pilot for performance marketers – that connects to your advertising accounts and helps you run account audits, find wasted spend, analyze performance, and generate reports in minutes.

Company details:

HYPD Advertising Intelligence GmbH
Attilastr. 16
12529 Schönefeld
Germany
Email: contact@hypd.ai

2. Eligibility and Account Registration

• You must be at least 18 years old and have the legal capacity to enter into a binding agreement.
• To use the Service, you must create an account and provide accurate, current, and complete information.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must promptly notify us if you become aware of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse, suspend, or terminate your account if any information you provide is inaccurate, incomplete, or violates these Terms.

3. Description of the Service

HYPD provides a web-based platform that enables you to:

• Connect your Google Ads account via read-only API access,
• Analyze account structure and performance,
• Identify wasted spend and optimization opportunities,
• Generate reports, summaries, and insights (including AI-generated insights), and
• Automate certain analytical workflows.

The Service currently supports read-only Google Ads integrations. Our website and marketing materials may describe planned or upcoming integrations (for example, with Meta or other platforms), but those integrations are not active unless clearly stated in these Terms or in the Service itself.

We may update, modify, or discontinue features from time to time. If we make material changes that negatively affect your use of the Service, we will use reasonable efforts to notify you in advance.

4. License and Permitted Use

Subject to these Terms and your timely payment of all applicable fees, HYPD grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal business purposes.

You agree not to, and not to allow any third party to:

• Use the Service in violation of any applicable law or regulation;
• Use the Service to build a competing product or service, or to copy any features, functions, or user interfaces;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent permitted by law;
• Bypass or circumvent any security or access controls in the Service;
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with other users;
• Use automated tools (such as bots, crawlers, or scrapers) to access the Service, except as expressly permitted in writing.

We reserve all rights in and to the Service not expressly granted to you under these Terms.

5. Customer Data and Privacy

"Customer Data" means any data, content, or information that you upload, connect, or otherwise provide to the Service, including data retrieved from your Google Ads accounts.

You retain all rights, title, and interest in and to your Customer Data. You grant HYPD a limited, non-exclusive, worldwide, royalty-free license to host, store, process, display, and otherwise use Customer Data solely as necessary to provide, maintain, and improve the Service, and as otherwise described in our Privacy Policy.

You represent and warrant that:

• You have all necessary rights, permissions, and consents to connect your accounts and provide Customer Data to the Service;
• Your use of the Service and our processing of Customer Data on your behalf will not violate any applicable law or third-party rights.

Our collection and use of personal data is described in more detail in our Privacy Policy, which forms part of these Terms. In the event of any conflict between these Terms and the Privacy Policy regarding personal data processing, the stricter provision will apply.

For customers in the European Economic Area (EEA) and the United Kingdom, our Data Processing Agreement ("DPA") governs our processing of personal data on your behalf and forms part of these Terms. The current version of our DPA is available at https://www.hypd.ai/dpa and is incorporated into these Terms by reference.

6. Third-Party Services

6.1 Google Ads (Read-Only)

The Service integrates with Google Ads via Google's OAuth and Google Ads API. When you connect your Google account, you authorize HYPD to access your Google Ads data in a read-only manner. We do not create, edit, or delete campaigns, ads, budgets, or other settings in your Google Ads account through the API.

You remain solely responsible for:

• Your Google Ads account(s), campaigns, and settings,
• All advertising spend and charges owed to Google, and
• Compliance with Google Ads policies.

Our use of data received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. For more details, please refer to our Privacy Policy.

You can revoke our access to your Google account at any time via your Google account settings.

6.2 AI and Model Providers

To provide AI-generated insights and outputs, we may rely on third-party AI model providers (such as OpenAI, Google Gemini, and Anthropic), subject to separate terms between HYPD and those providers.

We send these providers only the information necessary to generate the requested outputs (for example, aggregated metrics, summaries, or structured descriptions of your campaigns), and we configure them, where possible, so that data is not used to train their models.

You understand and agree that AI-generated outputs may be imperfect, incomplete, or inaccurate and should be reviewed by qualified human users before being relied upon. HYPD does not provide legal, financial, or professional advice, and the outputs of the Service should not be treated as such.

6.3 Other Third-Party Services

The Service may contain links to or integrations with third-party websites, tools, or services. We are not responsible for the content, availability, or practices of these third parties. Your use of third-party services is governed solely by their terms and policies.

7. Subscription, Fees, and Payment

7.1 Subscription Plans

The Service is offered on a subscription basis (monthly or annual plans, or as otherwise specified on our website or order form). Plan features, usage limits, and prices are described on our pricing page or in a separate order form.

7.2 Billing and Payments

• Subscription fees are billed in advance for each billing cycle.
• Payments are processed by our payment processor (such as Stripe). By providing a valid payment method, you authorize us and our payment processor to charge all applicable fees.
• You are responsible for keeping your billing information up to date.

Unless otherwise stated in an order form, all fees are non-refundable. This includes situations where you do not use the Service during a billing period or forget to cancel before renewal. You will retain access to the Service until the end of your current billing cycle.

7.3 Trials and Promotions

We may offer free trials or promotional pricing from time to time. The specific terms of any trial or promotion will be shown at sign‑up and form part of these Terms.

If you sign up for a trial, we may require a valid payment method and will automatically start billing the applicable subscription fee at the end of the trial period unless you cancel before the trial ends.

7.4 Plan Changes

You may upgrade or downgrade your subscription plan where available. Upgrades may take effect immediately; downgrades typically take effect at the end of the current billing cycle.

We may change our plans and pricing from time to time. Any changes to pricing or plans will apply starting from your next billing cycle, and we will provide notice in advance where required by law.

7.5 Taxes

Fees are exclusive of taxes (such as VAT or sales tax) unless stated otherwise. You are responsible for paying any applicable taxes.

8. Email Communications

By creating an account, you agree that we may send you:

• Transactional and service emails (e.g., account notifications, billing emails, security alerts, essential product updates). These are necessary for the operation of the Service and cannot generally be opted out of while your account is active.
• Marketing and product emails (e.g., newsletters, feature announcements, promotions), where permitted by law.

You can unsubscribe from marketing emails at any time by clicking the "unsubscribe" link in the email or contacting us. Unsubscribing from marketing emails will not affect transactional or service emails.

9. Intellectual Property

9.1 HYPD IP

HYPD and its licensors own all rights, title, and interest in and to the Service, including all software, algorithms, user interfaces, designs, documentation, and any improvements or derivatives ("HYPD IP").

Except for the limited rights expressly granted to you in these Terms, no rights are granted to you in or to the HYPD IP, whether by implication, estoppel, or otherwise.

9.2 Customer Data and Output

As between you and HYPD:

• You own your Customer Data.
• We own the Service and any models or systems used to generate outputs.

To the extent that any AI-generated output could be considered subject to intellectual property rights, and to the extent we are legally able to do so, we assign to you any rights we may have in such output for your internal business use. This does not limit our right to use generic learning and insights (that do not include your Confidential Information or personal data) to improve our Service.

9.3 Use of Customer Marks

With your prior consent (which you may provide via email or in a signup form), you grant us a non-exclusive, worldwide, royalty-free license to display your name, logo, and brand ("Customer Marks") on our website and in marketing materials to identify you as a customer. You may revoke this consent at any time by notifying us, after which we will stop using your Customer Marks within a reasonable period.

10. Acceptable Use

You agree not to use the Service to:

• Violate any laws or regulations, including advertising, privacy, or data protection laws;
• Infringe or misappropriate any third party's intellectual property or other rights;
• Transmit any malicious code, malware, or harmful content;
• Harass, threaten, or defame any person or entity;
• Attempt to gain unauthorized access to other users' accounts or data;
• Interfere with or disrupt the integrity or performance of the Service.

We may monitor use of the Service to ensure compliance with these Terms and may suspend or restrict access if we reasonably believe a violation has occurred.

11. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer Data is your Confidential Information.

Each party will:

• Use the other party's Confidential Information only as necessary to perform its obligations under these Terms;
• Not disclose the other party's Confidential Information to any third party, except to its employees, contractors, and service providers who need to know it and are bound by confidentiality obligations; and
• Protect the other party's Confidential Information with at least the same level of care it uses to protect its own confidential information, and in no event less than a reasonable standard of care.

These obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was lawfully known to the receiving party before disclosure;
• Is received from a third party without breach of any confidentiality obligation; or
• Is independently developed by the receiving party without use of the disclosing party's Confidential Information.

A party may disclose Confidential Information if required by law, regulation, or court order, provided it gives the other party reasonable notice (where legally permitted) and cooperates in any effort to limit or contest the disclosure.

12. Disclaimers

The Service, including any AI-generated outputs, is provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, secure, or error-free;
• The outputs, recommendations, or insights generated by the Service will be accurate, complete, or suitable for any particular purpose;
• The Service will meet your specific performance or revenue goals.

You are solely responsible for how you use the Service and for any decisions you make based on its outputs and recommendations.

13. Limitation of Liability

To the maximum extent permitted by law:

• Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms or the use of the Service, even if advised of the possibility of such damages.
• HYPD's total aggregate liability arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, will not exceed the amounts actually paid by you to HYPD for the Service in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.

14. Indemnification

You will indemnify, defend, and hold harmless HYPD and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service in violation of these Terms or any applicable law;
• Your Customer Data, including any allegation that Customer Data infringes or misappropriates a third party's rights or violates applicable law;
• Any dispute between you and a third party arising from your advertising campaigns or use of third-party services.

We will notify you promptly of any claim and cooperate with you in the defense, at your expense. You may not settle any claim without our prior written consent if the settlement imposes an obligation on us or admits fault on our behalf.

15. Suspension and Termination

15.1 Suspension

We may suspend your access to the Service (in whole or in part) if:

• You fail to pay any undisputed fees when due;
• We reasonably believe that your use of the Service violates these Terms or applicable law; or
• Suspension is needed to address a security risk or protect the Service or other users.

We will use reasonable efforts to notify you of a suspension and to limit the suspension to the minimum necessary.

15.2 Termination

Either party may terminate these Terms:

• For convenience, by providing written notice at least 30 days before the end of the current subscription term (effective at the end of that term); or
• For cause, if the other party materially breaches these Terms and fails to cure the breach within 30 days after receiving written notice.

We may also terminate these Terms and your account immediately if you become insolvent, enter bankruptcy, or cease business operations.

15.3 Effect of Termination

Upon termination or expiration of these Terms:

• Your right to access and use the Service will cease;
• You will pay any outstanding fees owed up to the effective date of termination;
• Upon request and within a reasonable period, we will provide you with an export of your available Customer Data in a commonly used format, unless legal or technical constraints prevent it.

Sections that by their nature should survive termination (including ownership, confidentiality, disclaimers, limitation of liability, and indemnification) will continue to apply.

16. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of Germany, without regard to conflict of laws principles.

The parties agree that the courts of Berlin, Germany will have exclusive jurisdiction to resolve any dispute arising out of or relating to these Terms or the Service, and each party irrevocably submits to such jurisdiction.

Nothing in this section limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email, in-app notice, or by posting an updated version on our website with a new "Last updated" date.

If you continue to use the Service after the new Terms take effect, you are deemed to have accepted the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

18. Miscellaneous

• Entire Agreement. These Terms, together with any order form, DPA, and Privacy Policy, constitute the entire agreement between you and HYPD regarding the Service and supersede all prior agreements or understandings.
• Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or to an affiliate.
• Force Majeure. We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, such as natural disasters, war, terrorism, labor disputes, or internet/service provider failures.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

19. Contact Us

If you have any questions about these Terms or the Service, you can contact us at:

HYPD Advertising Intelligence GmbH
Attilastr. 16
12529 Schönefeld
Germany
Email: contact@hypd.ai

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