Terms and conditions

(Version 1.0. Last updated: December 15, 2022)

General

Welcome to the website https://hypernet.pro/(the “Website”) which is owned and operated by HyperMediaProNet LTD (“us”, ‘we”, “our”, “Company”).

These Terms & Conditions in this document constitute a legal and binding agreement between us and you and/or anyone on your behalf who surfs and/or uses and/or watches and/or operates on the Website.

Please read and carefully review the terms & conditions of this document, including its definitions, manner of use, legal responsibility, and Privacy Policy.

By using the Website and/or its services and/or its products in any manner, you are considered to have read, accepted, and agreed to be bound by these Terms.

This Agreement is an understanding between us and you, and this supersedes and replaces all prior agreements regarding the use of this website.

By using the website and/or its services and/or products, you declare that you are over the age of 18 (or older according to the law that applies to you), as the case may be, and on the one hand, you have no restrictions and on the other hand, you have the full legal authority to do all the actions you perform on/through the Website.

Although from time to time we might send you notices regarding changes to these Terms, we will be entitled to change/modify the Terms of this document and/or the terms of any product and/or service and/or documents on the Website at our sole and absolute discretion and without the obligation of explanation of the cause of / and to such changes and/or to give any prior notice.

You are advised to review these Terms periodically for any changes. Changes to these Terms and any other document/changes in the Website will enter into effect immediately when they are posted on this page (or the relevant page on the Website) and published on the Website from time to time.

You acknowledge in advance that you agree that the form and/or nature and/or products and/or services and/or features, etc. of the Website, as well as any part thereof (whether existing today and/or will exist in the future), may be changed and/or updated and/or removed (in whole and/or in part), etc. without prior notice to you and/or any third party.

If any of the Terms of this document or any future changes we make are unacceptable to you (in whole or part), please exit the Website and stop using the Website and our services immediately. Continued use of the Website, including its services and/or products, etc. after any update of this document will be automatically and without the need for additional action to constitute your consent and acceptance of the changes made.

Registration and Security

Our Website requires or allows you to create an account with us, with a user ID and password. You agree that you will provide only accurate, complete, and up-to-date information. You are responsible for ensuring the confidentiality of your password and are responsible for anything that anyone does while logged in to your account. You are required to let Us know immediately if you suspect that someone is using your account without your permission. We are not responsible for any loss or damage arising from your failure to comply with these obligations.

Software and Website

The performance marketing software solution is used for data retrieval, analyses, sorting, warehousing, processing, and presentation and is available to Users through the Website. The performance marketing software solution is used for data retrieval, analyses, sorting, warehousing, processing, and presentation as available to Users through the Website.

Requirements for the use of the Software and the Website

You need to register on the Website and provide only accurate, complete, and up-to-date information. Each time, to access and use the Software via the Website, you shall be required to log in by using your email and password as provided with your registration. Upon expiration of the free trial, you need to obtain an end-user license and conclude with the Owner or Provider End-User agreement to use the Software. Except for the period of the free trial, you shall be charged for access to the Software as detailed in the End-User Agreement. You agree to pay the applicable fees and taxes to the Owner or Provider. You are responsible for paying all applicable sales, use, transfer, or other taxes, including withholding tax, and all duties including correspondent bank fees.

Use of the Software and the Website

You shall be allowed to upload data to the Software; use Software to retrieve, arrange, analyze and store the data, and download data from the Software, as provided in the End-User Agreement. Concerning the use of the Website /the Software, you are prohibited and you agree not to engage in offenses against any individual and his privacy and the uploading of indecent materials or the use of the Website /the Software in any matter that is inconsistent with applicable laws or such as to injure Provider’s and/or Owner’s business reputation. You agree that Provider and/or Owner are not responsible or liable for any data (including content and links) uploaded by you on the Website /the Software. The owner is entitled to remove any from the Website any information. You use the Website /the Software at your own risk.

Communication and offers

Owner or Provider is entitled at any time to publish on the Website any proposals, to propose new services, and to amend these Terms and Conditions accordingly. In the case of inconsistencies between these Terms and Conditions and special terms and conditions published on the Website regarding any of the foregoing, the latter shall prevail. Subject to the terms outlined in the Privacy Policy, Owner and Provider shall have the right to send Users email messages, using the email address provided by Users at the time of registration, regarding the Website /Software and any new proposed services, or any other relevant matters that in Owner’s/Provider’s view may assist in enhancing Users’ experience using the Software. Such messages may include reminders, invitations, suggestions, descriptions of existing, new, or future services, other important notices, as well as marketing and promotional content.

Privacy Policy

Before you continue using our website, we advise you to read our privacy policy https://hypernet.pro/en/privacy-policy-2/regarding our user data collection as the Privacy Policy and its terms are considered an integral and inseparable part of the Terms & Conditions in this document.

Support

Support of two kinds shall be provided to the clients/customers under these Terms and Conditions: advice and consultations on the use of the Website and/or Software. Such support shall be delivered 24/7 via a support request form on the Website; technical support, which requires access, modification, or update of Software and/or access to Users’ data processed by Software.

User Submissions

You acknowledge and agree that any questions, comments, reviews, suggestions, ideas, and feedback related to the Website /the Software and our teamwork, provided by you in the form of email or other submissions to the Website, may be used, reused or shared by Owner/Provider to better serve you. The ideas and proposals made via Feedback are not the intellectual property of the User and/or Visitor. Owner/Provider shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, except those uses and disseminations that violate the Privacy Policy. All information and data uploaded by the User or retrieved, and processed by the Software on behalf of the User shall remain the property of the User. Users shall have a right to download, retrieve, copy, or duplicate any of their data as stored on the Website or in/by the Software. Owner/Provider has the right to use the trademark (service mark) or the User’s logo, as well as its name by posting on the Owner’s service and in promotional materials during the term of the End-User Agreement and for three (3) years after the termination of the End-User Agreement.

Links to Other Websites

The Website may contain links to third-party websites. The owner/Provider is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access a linked third-party website, you do so at your own risk.

Intellectual Property

The Client shall not rent, lease, sublicense, distribute, transfer, copy, or modify the platform. The Client shall not adapt the platform in any way or use it to create a derivative work. The Client shall not translate, decompile, create or attempt to create, by reverse engineering or otherwise, the source code of the platform. The Client shall not use the platform in any manner, or in connection with any content, data, hardware, software, or other materials, that (A) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property rights of any third party, (B) constitutes defamation, libel, invasion of privacy, or violation of any right of publicity or other third-party right or is threatening, harassing or malicious, (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias), (D) violates any applicable law, ordinance, rule, regulation or treaty.

Proprietary Rights

As between platform and the Client, we shall have all rights to use algorithms, methods of computation, and data processed by us to measure network traffic, the Events used for geolocation or categorization of network traffic, or any other data of statistical nature necessary for the proper functioning of platform or features thereof, including all applicable rights to use of patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto. All rights not expressly granted to the Client herein are reserved for us and other entitled entities. The Client’s materials (i.e. ads, campaigns, landers, labels, etc.) are and shall remain their sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto.

Limitation of Liability

We will not be liable for any problems/faults caused as a result of using the Website, including Faults in the operating system and/or any software on the electronic device from which the Website was accessed and/or any hardware and/or viruses and/or hostile software or any other software discovered or will be found in the electronic device from which the Website was entered as a result of using the Website and/or any communication problem or data transfer that will temporarily or permanently prevent the use of the Website and/or the quality or speed of use of the Website.

In addition, since the Website runs and operates in an online-digital environment despite all the efforts and measures we take, it does not mean that the Website and its operating environment are impenetrable. By using the Website you acknowledge and declare that you are aware of all the risks while using the Website and that we cannot guarantee immunity and hermetic protection from computer intrusion and/or exposure of information collected and/or stored and you will not have any claim and/or lawsuit and/or demand towards the Website and/or the Company and/or anyone on their behalf in this matter for any damage, whether direct or indirect which will cause and/or may be caused to you or others as a result of intrusion and/or disclosure of the said information and/or its use and/or misuse and/or its editing and/or distribution, etc.

We will not be liable for any malfunctions/faults/problems caused as a result of using the Website, including Faults in the operating system and/or any software on the electronic device from which the Website was accessed and/or any hardware and/or viruses and/or hostile software or any other software found or will be found in the electronic device from which the Website was entered as a result of using the Website and/or any communication problem or data transfer that will temporarily or permanently prevent the use of the Website and/or the quality or speed of use of the Website, etc.

The Website may contain links (“Links”) to other websites, Israeli or foreign. We assume no responsibility for the content of those sites and any information posted on them. The presence of a link on the Website does not constitute a recommendation to visit it and a visit to it by you will be at your discretion and your own risk. For the avoidance of doubt, we will not be liable for any direct or indirect damage, financial or otherwise, caused to you and/or a third party as a result of reliance on the content of the information appearing in those links.

By using the Website/services offered by us, You agree to indemnify us and our affiliates for any penalty, expenses (including but not limited to reasonable legal expenses), payments, etc. and hold us harmless against any legal claims and demands that may arise from your use or misuse of the Website and/or our services or not according to Terms of this document. We reserve the right to select our legal counsel and advisors.

Some jurisdictions do not permit the waiver or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations listed above may not apply to you or maybe enforceable against you. If you are not satisfied with any part of the Website and/or the service and/or the products etc. and/or the Terms as stated in this document, your only and exclusive remedy is to stop using the Website and avoid using the Website and/or the services it offers (including but not limited to- Track box) and/or contents, etc.

Governing Law & Jurisdiction

By visiting this website, you consent that the laws of Ukraine, without regard to principles of conflict laws, will solely govern these Terms and Conditions, and any dispute of any sort that might come between us or any of our related parties and you, or its business partners and associates, and the competent courts of Poland, shall have exclusive jurisdiction over any of the abovementioned dispute/s / matters / Terms, etc.

Contact Information:

info@hypernet.pro
support@hypernet.pro