Terms of Use

1. About this agreement

Hypereel (“Hypereel”, “we”, “us”, “our”) is a business registered in Australia. Hypereel operates the website at https://hypereel.ai (the “Website”) and the connected services accessible through it, including AI-assisted ad-cloning and video generation tools (collectively, the “Service”).

These Terms of Use (the “Terms”) form a binding contract between you and Hypereel. By creating an account, accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy at https://hypereel.ai/privacy, which is incorporated by reference. If you do not agree, do not use the Service.

If you are accessing the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” includes both you personally and that organisation.

2. Beta service

The Service is in active beta. You acknowledge and agree that:

• features, models, pricing, credit allocations and quotas may change at any time, sometimes without notice;
• the Service may be unavailable, slow or produce unexpected outputs;
• we may pause, withdraw or replace features (including specific AI models routed through the Service) at our discretion; and
• the Service is not suitable for any use that requires guaranteed uptime, regulatory-grade reliability, or production of content where errors carry legal, medical, financial or safety consequences.

Your use of beta features is at your own risk and is subject to the disclaimers and limitations in Sections 10 and 11.

3. Eligibility and account

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract under the laws of your jurisdiction. The Service is not directed to, and must not be used by, minors.

3.2 Registration

To use most of the Service you must register an account using a valid email address and authentication credentials. You agree to provide accurate, current and complete information and to keep it up to date.

3.3 Account security

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at hello@hypereel.ai if you suspect unauthorised access. We may suspend or close accounts at our reasonable discretion where we believe credentials have been compromised, where information is inaccurate, or where these Terms have been breached.

3.4 One account per person

You may not create or maintain more than one account, register an account on behalf of someone else without their authorisation, or attempt to use the Service after we have suspended or terminated your access.

4. Subscriptions, credits and billing

4.1 Plans and credits

Access to most generation features is metered in credits. The credit cost for a request depends on the model, duration, audio setting, generation type, provider pricing, and any promotional allowance that applies to your account. The current plans (Basic, Starter, Pro, Max) and available top-up packs, including their prices, included credits and any promotional credits, are shown on the Billing page at https://hypereel.ai/billing. The Billing page and Stripe checkout are the authoritative statement of current pricing before you buy.

4.2 Auto-renewal and proration

Paid plans are billed in advance at the start of each billing period and renew automatically at the then-current price for that plan until you cancel. Mid-period plan upgrades take effect immediately and are charged on a prorated basis. Mid-period downgrades take effect at the start of the next billing period.

4.3 Cancellation

You may cancel a subscription at any time through your account. Cancellation takes effect at the end of the then-current billing period. You retain access to your plan until that date. Except as required by law, no refund is issued for the unused portion of a billing period.

4.4 Top-ups and promotional credits

Top-up credits are prepaid amounts purchased outside a subscription. Promotional credits (such as a first-paid-month bonus, sign-up grant or similar) may have an expiry, are non-transferable, have no cash value and are non-refundable. Credits expire on closure of your account, on non-payment, or as otherwise stated at the time the credits are issued. We may reverse credits granted because of chargebacks, refunded payments, payment fraud, duplicate grants, or abuse of a promotion.

4.5 Generation costs are non-recoverable when billed by upstream providers

The AI models we route to perform safety-and-compliance checks on your prompts and uploads. In some cases, an upstream provider charges us (and we charge you) for compute consumed before the request is rejected by their content checker. These rejections are final and the credits used are not refundable except where required by non-excludable law. We deduct only the credits we are billed for and surface a clear “content rejected” status on the rejected scene.

4.6 Refunds

Except as required by applicable law, including the Australian Consumer Law and any other non-excludable consumer rights that apply to you (see Section 4.7), all fees and credit purchases are non-refundable. We do not offer refunds for unused credits, partial billing periods, generations you do not like, or generations that fail any acceptable-use or content-moderation check.

4.7 Non-excludable consumer rights

Nothing in these Terms excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law, including any non-excludable consumer guarantees in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other consumer law that applies to you and cannot lawfully be excluded, restricted or modified by contract. To the extent those rights apply, our liability is limited as set out in Section 11 where the law permits that limitation.

4.8 Taxes

Prices shown in the Service may be inclusive or exclusive of GST and other taxes; the Billing page and Stripe checkout will state which. Where any tax is payable on a Service fee, you are responsible for that tax in addition to the fee, except where law requires us to collect and remit it on your behalf.

4.9 Payment processing

We use Stripe, Inc. (and its affiliates) to process payments. By making a purchase you agree to Stripe’s terms and privacy policy, available at https://stripe.com/legal and https://stripe.com/privacy, and you authorise us and Stripe to share the information needed to complete your transaction. We do not store full payment-card numbers on our systems.

4.10 Immediate supply of digital services

The Service supplies digital services, digital content and metered AI generation capacity soon after purchase. Where a law gives you a cooling-off, withdrawal or cancellation right for a digital service or digital content, you agree that we may begin supplying the Service and deducting credits immediately after checkout. To the extent permitted by that law, you acknowledge that this may affect any cooling-off, withdrawal or cancellation right once supply has begun or credits have been consumed. This Section 4.10 does not limit any non-excludable right you have if the Service is faulty or not supplied as required by law.

5. Acceptable use

5.1 You own or have rights to what you upload

You represent and warrant that you own, or have all rights, licences, consents and permissions necessary to upload, submit and process every brand asset, product image, character reference, source-ad URL, voice recording, prompt and other input (your “Inputs”) through the Service.

5.2 Voice and likeness consent

If your Inputs include a real person’s face or voice (including your own), you represent and warrant that you have that person’s prior written consent to use, process and generate AI-derived content from their image or voice through the Service. This includes any voice clones, character reference photos, and any frame extracted from a source ad in which a person is identifiable. Do not upload an identifiable minor’s face, voice or likeness unless you are their parent or legal guardian, the use is lawful and non-exploitative, and the content complies with these Terms and all applicable advertising rules.

5.3 Source ads

When you provide a public URL of a third-party advertisement (for example, a TikTok, Instagram Reel or YouTube video) for analysis or cloning, you represent and warrant that:

1. the source is lawfully accessible to you;
2. your intended use of the resulting analysis and outputs (which is typically inspirational or analytical, not republication of the source) does not infringe the source rights-holder’s copyright, trademark, personality, performer or contractual rights; and
3. you will not republish, redistribute or hold out the source ad, or any segment of it, as your own.

You indemnify Hypereel against any third-party claim arising from your choice of source ad (see Section 12).

5.4 Prohibited content and uses

You must not, and must not assist or permit any third party to, use the Service to create, store, distribute or attempt to generate content that:

1. is unlawful, deceptive or fraudulent under any law that applies to you or to Hypereel;
2. depicts a minor in a sexualised context (this is a hard, immediate termination offence);
3. is sexually explicit, hateful, harassing, defamatory, threatening, or promotes self-harm or violence against a person or group;
4. infringes another person’s intellectual property, publicity, privacy or other rights;
5. impersonates a real person or organisation in a way intended to deceive (including political deepfakes, fake endorsements and fake customer testimonials presented as real);
6. is intended to mislead consumers in breach of the Australian Consumer Law or any equivalent foreign law (including misleading or deceptive conduct, false product claims, or fake reviews); or
7. violates any applicable election or political-advertising law; or
8. violates an upstream AI, payment, hosting, analytics or storage provider’s acceptable-use, safety or platform policy where that policy applies to the Service.

5.5 Other restrictions

You must not:

1. reverse engineer, decompile, disassemble or attempt to derive source code or model weights from the Service or any of its components, except to the extent that restriction is unenforceable under applicable law;
2. use the Service or any output to develop, fine-tune or train any AI or machine-learning model that competes with the Service;
3. scrape, crawl or otherwise systematically extract data from the Service other than via the documented API (where one is offered);
4. interfere with or attempt to interfere with the Service’s security, integrity, performance or availability, including by uploading malware, attempting to bypass usage caps, or generating fraudulent payment events; or
5. share, resell, sublicense or commercially exploit your account or account credentials.

5.6 Moderation

We use automated systems (including third-party moderation APIs) and may use manual review to screen prompts, uploads and generated content for violations of these Terms. We may reject, remove or refuse to process any content where we reasonably believe it may breach these Terms, provider policy, law, payment-network rules, or the rights of another person. Repeated or serious breaches of Section 5 will result in suspension or termination of your account.

6. Your content, our service, and intellectual property

6.1 You retain ownership of your Inputs and Outputs

You retain all rights you otherwise hold in your Inputs and in the videos, images, transcripts, prompts and other content the Service generates from your Inputs (your “Outputs”). To the extent any rights in Outputs vest in us by operation of law, we assign them to you on your full payment of any fees due for the generation, subject to the licence in Section 6.2. Because AI-generated content may not be capable of copyright ownership in every country, and because similar outputs may be generated for other users, this clause does not promise that any Output is original, exclusive, registrable, enforceable, or non-infringing.

6.2 Limited operating licence to us

You grant Hypereel a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and process your Inputs and Outputs solely to the extent necessary to:

1. operate the Service for you (including routing your Inputs to third-party AI providers listed in the Privacy Policy, storing Outputs in our object storage, and surfacing them in your dashboard);
2. enforce these Terms;
3. comply with law; and
4. produce aggregated, de-identified statistics about Service usage (for example, how many seconds of video are generated per day in total).

This licence ends when you delete the relevant content or close your account, except for backup copies retained for the period described in the Privacy Policy.

6.3 No AI training on your Inputs or Outputs

We do not use your Inputs or Outputs to train, fine-tune, evaluate, red-team or otherwise improve any AI model — ours, an affiliate’s, or a third party’s. We contractually require our upstream model providers (see Section 7) to operate on their respective API tiers that exclude customer content from training, and we do not opt in to any data-sharing or training-contribution programmes on your behalf.

6.4 Our service and trademarks

The Service, the Hypereel name and logo, and all software, design, copy, documentation and underlying technology are owned by Hypereel or our licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service strictly in accordance with these Terms. We reserve all rights not expressly granted.

6.5 Feedback

If you send us suggestions, ideas or feature requests (“Feedback”), you grant us a perpetual, irrevocable, royalty-free licence to use the Feedback for any purpose without obligation to you. You waive any moral rights you have in Feedback to the extent permitted by law.

7. Third-party services and sub-processors

The Service depends on third-party providers that host data, process payments, run AI models, deliver email, and provide analytics and error monitoring. The Privacy Policy describes the categories of these providers and the regions in which they operate; we will give you the current named list on request. By using the Service you agree that relevant Inputs, Outputs, account information and usage telemetry will be processed by those providers as described in the Privacy Policy.

If you click through to a third-party website or service from the Service, the third party’s terms and privacy policy apply to your interaction there. We are not responsible for third-party sites or services.

8. Intellectual-property infringement notices

If you believe content on the Service infringes your intellectual-property rights, send us a written notice at hello@hypereel.ai. To allow us to act quickly, please include:

1. your full name, postal address, telephone number and email;
2. a description of the work or right you say has been infringed and, where applicable, a copy of the registration or proof of ownership;
3. a description of the allegedly infringing material on the Service, with sufficient detail (URL, project ID, or screenshot) for us to locate it;
4. a statement that you have a good-faith belief the use complained of is not authorised by you, your agent or the law;
5. a statement that the information in the notice is accurate and that you are the rights-holder or authorised to act on the rights-holder’s behalf; and
6. your physical or electronic signature.

We will review valid notices and may remove the relevant content, suspend the responsible account, or take other action at our reasonable discretion. We may share your notice with the user who uploaded the content. We will terminate accounts of repeat infringers.

9. Suspension and termination

9.1 By you

You may stop using the Service and close your account at any time through your account settings or by emailing hello@hypereel.ai.

9.2 By us

We may suspend or terminate your access to all or part of the Service, with or without notice, if:

1. you breach these Terms (including any acceptable-use clause in Section 5);
2. continued provision of the Service to you would expose us to legal risk or violate applicable law;
3. your use of the Service creates payment, fraud, chargeback, provider policy, platform policy or security risk;
4. payment is not received when due; or
5. we discontinue the Service or any feature.

If we terminate your subscription for our convenience and not for cause, we will refund the unused, prepaid portion of the then-current billing period.

9.3 Effect of termination

On termination your right to use the Service ends immediately. Unused credits are forfeited except where non-excludable law requires a different outcome. We may delete your Inputs and Outputs in accordance with the retention timelines in the Privacy Policy. Sections 4.6, 4.7, 5, 6.1, 6.3, 6.4, 6.5, 7, 10, 11, 12, 13, 14 and 15 survive termination.

10. Disclaimer of warranties

To the maximum extent permitted by law, and subject to Section 4.7 (non-excludable consumer rights) and Section 11.3:

1. the Service and all Outputs are provided “as is” and “as available”, with all faults;
2. we make no representation or warranty that the Service or any Output will be accurate, error-free, fit for any particular purpose, uninterrupted, secure, free of malware, original, lawful in your jurisdiction, or non-infringing of any third-party right; and
3. you are solely responsible for verifying that any Output is suitable for your intended use, including any disclosure, advertising or consumer-law compliance steps that use of the Output requires.

11. Liability

11.1 Cap on monetary liability

To the maximum extent permitted by law, our total aggregate liability to you in connection with these Terms or the Service, in contract, tort (including negligence), under statute or otherwise, is capped at the greater of:

1. the total fees you paid to Hypereel in the 12 months immediately before the event giving rise to the claim; and
2. AUD 100.

11.2 Excluded losses

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss; loss of profits, revenue, savings, opportunity, goodwill or reputation; loss of, or damage to, data; or loss arising from your use of, or reliance on, an Output, regardless of the legal theory and whether or not we were advised of the possibility of the loss.

11.3 Non-excludable consumer guarantees

If the Australian Consumer Law or another mandatory consumer law applies to your use of the Service and implies non-excludable consumer guarantees, then to the extent we are permitted to do so under section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) or an equivalent law, our liability for breach of those guarantees is limited, at our option, to:

1. in the case of services, supplying the services again or paying the cost of having them supplied again; and
2. in the case of goods, replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of replacement, equivalent supply or repair.

Nothing in these Terms purports to exclude any liability that cannot be excluded under the Australian Consumer Law or other applicable mandatory law.

12. Indemnity

You agree to indemnify and hold harmless Hypereel against any third-party claim, loss, damage, cost or expense (including reasonable legal fees) arising out of or in connection with:

1. your Inputs (including any source ad you provide under Section 5.3);
2. your Outputs and any use you or anyone acting on your behalf makes of them;
3. your breach of these Terms; or
4. your breach of any law or third-party right.

We will give you prompt notice of any indemnified claim, allow you to control its defence with counsel of your choice, and provide reasonable co-operation. We may participate in the defence at our own cost. You may not settle a claim in a way that imposes any obligation or admission on us without our prior written consent (not to be unreasonably withheld).

13. Privacy

Our Privacy Policy at https://hypereel.ai/privacy describes what personal information we collect, how we use and share it, the sub-processors we rely on, and the rights you have under the Australian Privacy Principles and (where applicable) the GDPR. By using the Service you acknowledge that we will process personal information as described in the Privacy Policy.

14. Disputes

14.1 Talk to us first

If you have a dispute with Hypereel, please email hello@hypereel.ai with a description of the issue and the resolution you are seeking. We will use reasonable efforts to resolve the dispute informally within 30 days of receiving your notice.

14.2 Governing law and exclusive jurisdiction

These Terms are governed by the laws of New South Wales, Australia, and the Commonwealth laws of Australia that apply in New South Wales, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Hypereel submit to the exclusive jurisdiction of the courts of New South Wales, and the courts entitled to hear appeals from them, for any dispute arising out of or in connection with these Terms or the Service that is not resolved under Section 14.1.

15. General

15.1 Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify you (for example, by email to the address on your account or via an in-app notice) at least 14 days before the change takes effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the change. If you do not agree to a change, your only remedy is to stop using the Service and close your account.

15.2 Notices

Notices to you may be given by email to the address on your account, by an in-app notice, or by a notice on the Website. Notices to us must be sent to hello@hypereel.ai.

15.3 Electronic communications

You consent to receive electronic communications from us in connection with the Service. Electronic notices and consents satisfy any legal requirement that such communications be in writing.

15.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms in whole or in part, including to a successor in connection with a sale, merger or restructuring of our business.

15.5 Force majeure

Neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, civil unrest, terrorism, pandemic or epidemic, internet or third-party-provider outages, AI-model outages, government action, strikes or labour disputes.

15.6 Severability

If any part of these Terms is held invalid or unenforceable, that part will be modified to the minimum extent necessary to make it enforceable, and the rest of the Terms will remain in full force.

15.7 No waiver

Our failure to enforce any provision of these Terms is not a waiver of that or any other provision. A waiver is only effective if in writing and signed by us.

15.8 Entire agreement

These Terms (together with the Privacy Policy and any additional terms you agree to in-app for specific features) are the entire agreement between you and Hypereel about the Service and supersede any prior agreement on the same subject.

15.9 Export and sanctions

You must not use the Service in violation of any sanctions or export-control laws that apply to you or to Hypereel, including Australian sanctions laws.

16. Contact

If you have any questions about these Terms of Use please contact us at hello@hypereel.ai.