Terms of Service

1. Accepting these terms

By creating an account or using Hyperscaler you agree to these terms and our Privacy Policy. If you use it for a company, you confirm you can bind that company. You must be at least 18.

2. The service

Hyperscaler is a full-service growth engine: connect advertising and business accounts, fully automate Meta and Google Ads, run TikTok ads, manage social media, email campaigns, cold calling and LinkedIn outreach, generate creatives and copy with AI, view performance, and receive recommendations. Features may change over time. Some features are available only on certain plans or add-ons.

3. Your account

Keep your login secure and tell us promptly about unauthorised use. You are responsible for activity under your account, including that of team members you invite. Provide accurate information.

4. Connecting third-party accounts

• You authorise Hyperscaler to access and act in the Meta, Google and other accounts you connect, within the permissions you grant, to provide the service.
• You confirm you have the right to give that access (you own the account or are authorised by the owner).
• Your use of Meta, Google and other platforms remains subject to their own terms and policies (including Meta Platform Terms, Meta Advertising Standards and Google Ads policies). Those platforms control account status, ad approval and delivery. We do not control them and are not responsible for their decisions, outages or changes.
• You can revoke access at any time in Hyperscaler or in the platform's settings.

5. Ads, budgets and spend

• You are the advertiser. You are responsible for the content of your ads, your targeting, your landing pages, and for having the rights to all text, images, video, music and trademarks you use.
• Ad spend is charged by Meta, Google or other platforms to the payment method on your ad account. It is not part of what you pay Hyperscaler, and Hyperscaler does not pay ad spend for you.
• Budgets, bids and schedules are set by you or approved by you. If you enable automation (for example automatic budget changes or pausing), you authorise Eva to take those actions in your accounts within the limits you set. You can turn automation off at any time.
• We recommend starting with small budgets and checking campaigns in the first days after launch.

6. AI features

• Output is generated by AI and may be inaccurate, incomplete, similar to other outputs or unsuitable. It is not professional advice (legal, financial, medical or otherwise).
• You must review AI output, and you are responsible for what you approve and publish.
• You own your inputs and, as between you and us, the output you generate, subject to the rights of third parties and the AI providers' terms. We do not guarantee that output is free of third-party rights.
• Do not use Hyperscaler to generate unlawful, deceptive, discriminatory or otherwise prohibited advertising.

7. Acceptable use

You may not: break the law or platform policies; advertise prohibited products or use prohibited targeting; infringe others' rights; upload malware; scrape, reverse engineer or resell the service except as allowed; attempt to bypass limits, security or billing; use the service to send spam; or use it in a way that harms other users or the platforms we connect to. We may suspend access that we reasonably believe breaks these rules.

8. Plans, credits and payment

• Prices are shown in USD before you pay. Current pricing: $249.99 per month - see the Pricing page.
• Subscription: billed in advance monthly (or annually if you choose an annual plan) and renews automatically until you cancel.
• Credits: your plan includes monthly credits. AI features use credits according to usage. You can buy extra credit packs. Unused monthly credits do not carry over unless the plan says so; purchased credit packs do not expire for 12 months.
• Free trial (if offered): when the trial ends, you are charged for the plan unless you cancel before it ends. We will tell you the end date in the app.
• Payments are processed by Braintree (PayPal). Taxes may be added where required. Statements show as "HYPERSCALER".
• Price changes: we will give at least 30 days' notice before a change applies to your next billing period.
• Failed payments: we may retry and, after notice, suspend features until paid.
• Cancellation and refunds are covered in the Refund Policy (/refund-policy).

9. Your content and data

You keep ownership of your content and data. You give us a limited licence to host, process, and display it only to provide the service to you (including sending it to the providers described in the Privacy Policy). We use your data as described in the Privacy Policy.

10. Our property

Hyperscaler, its software, design, and branding belong to us and our licensors. We give you a limited, non-exclusive, non-transferable right to use the service during your subscription. Feedback you give us can be used without restriction.

11. Availability and changes

We aim for reliable service but do not guarantee uninterrupted availability. We may update, change or discontinue features, with reasonable notice for material reductions.

12. No guarantee of results

Advertising results depend on many factors outside our control. We do not guarantee any level of sales, leads, returns, ad approval or account standing.

13. Termination

You can cancel any time. We may suspend or end your access for breach of these terms, non-payment, legal requirement, or risk to the service or other users. On termination your right to use the service ends; we will handle your data as described in the Privacy Policy. Sections that should survive (ownership, payment owed, disclaimers, liability, law) continue.

14. Disclaimers

The service is provided "as is" and "as available". To the maximum extent allowed by law we disclaim all warranties, including merchantability, fitness for a purpose and non-infringement.

15. Limitation of liability

To the maximum extent allowed by law, we are not liable for indirect, incidental, special, consequential or punitive damages, lost profits, lost revenue, wasted ad spend, or lost data. Our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the claim. Nothing limits liability that cannot be limited by law.

16. Indemnity

You will defend and compensate us against claims arising from your ads and content, your breach of these terms or platform policies, or your violation of others' rights.

17. Governing law and disputes

These terms are governed by the laws of the State of North Carolina, United States, without regard to conflict-of-law rules. Disputes will be handled in the state or federal courts located in Wake County, North Carolina, unless mandatory consumer law gives you the right to go elsewhere. Please contact hello@hyperscalerai.co first; we will try to resolve issues in good faith.

18. Changes to these terms

We may update these terms. We will post the new version with its date and email account holders about material changes. Continued use after the effective date means you accept them.

19. Contact

JUNKIRI LABS LLC, 223 Kinvara Ct, Wake Forest, North Carolina 27587, United States

hello@hyperscalerai.co