Terms of Service

Please study these Personal Use Terms of Service (“Terms”) meticulously, prior to using the Hypedcode websites and Services. These terms are applicable to all users who desire to access or utilize our Services. Your compliance and acceptance of these terms is paramount to your usage of our services.

Hypedcode SRL is committed to ensuring the protection and security of user data in compliance with the General Data Protection Regulation (GDPR), including implementing appropriate technical and organizational measures. Full details on our data processing activities and safeguards are available in our GDPR-compliant Privacy Policy.

The onus is on the User to comply with obligations of GDPR through the implementation of a privacy policy aligned with the law, if deemed mandatory.

In order to enhance user experience, Hypedcode employs cookies for data tracking, concurrently sending browsing information back to our company and our 3rd party processors detailed in our Privacy Policy. Management of cookies is a User responsibility within their browser settings.

Your access or usage of the Service signifies your agreement to adhere to these Terms. In cases of disagreement, you are legitimately denied permission to access the Services. If you represent a company, your acceptance of these Terms of Service confirms your authorization to accept them on the company’s behalf. Subsequently, accessing and using Services in part or whole commits you and your company to adhere to these conditions.

Hypedcode SRL reserves the right to change these Terms of Service at its sole discretion and advises you to review this page periodically for any changes. We will update the “last modified” date at the top of this page whenever significant changes are made. Continued use of our Services after changes have been made constitutes acceptance of the updated terms. The most recent version of our Terms of Service will be available at clepside.com/terms as long as our service will be available.

Accounts

As a user of Hypedcode SRL services, you are responsible for maintaining the confidentiality of your login credentials, including your username and password. You acknowledge that sharing your account username is prohibited, and you will be solely responsible for all activities conducted under your account.

Choosing a username / display name that impersonates another individual or entity is not permissible unless legal authorization for the use of such name is already obtained. Similarly, using a username / display name that infringes upon any rights of another entity is forbidden. Moreover, any name that is aggressive, obscene, or profane should not be used as your username / display name.

Access to Hypedcode SRL services is denied to individuals aged 13 or below. By using our services, you are asserting that you are 13 years of age or older.

Hypedcode SRL services are rendered to be utilized for legal purposes only. The user agrees to refrain from engaging in any conduct that is deemed unlawful, threatening, abusive or considered unreasonable by the company’s discretion. Any breach in this respect shall incur sole responsibility on the user’s part.

Our aim is to provide access to our services to the best of our abilities. However, please be wary that access could be hindered by issues beyond our control, and the company would not be liable for interruptions in the access of our services.

When trying to use sections of our services that require registration, you will be prompted to create or log into your User Account. You won’t be able to continue using that part of our services without logging into your account.

If registration is made on behalf of a company, our terms require you to have the authority to register on behalf of that organization. Any information provided during registration or afterwards must be accurate, complete and kept up-to-date to maintain its veracity and completeness. Failure to comply constitutes a breach of these terms of service. You also agree to use our services solely for the purposes as advertised on our website and/or as indicated in these terms.

You are solely responsible for preserving the confidentiality of your password. All actions initiated via your account will be your responsibility, regardless of your awareness or consent. Hypedcode SRL cannot be held liable for any damages or losses incurred due to failure to adhere to this security obligation.

Content

Content and Intellectual Property

Hypedcode SRL respects the intellectual property rights of our users. When you, the user, engage with our platform, Clepside, it’s important that you understand and acknowledge your rights and responsibilities related to the intellectual property as follows:

Firstly, the content generated or entered by you on Clepside (“User Content”) is solely your responsibility. Furthermore, the User Content shall remain your Intellectual Property, indicating that Hypedcode SRL does not claim any intellectual property rights to your content.

However, in an instance where the User Content is found illegal, objectionable, offensive, or indecent, Hypedcode SRL reserves the right to remove, suspend or restrict the accessibility of such content on Clepside. Despite this, under no circumstances will Hypedcode SRL be liable for any User Content.

Nevertheless, the User Content, inclusive of your brand, logo or other intellectual property, grants Hypedcode SRL a worldwide, revocable license to use the User Content that’s elemental in providing Clepside services. However, all User Content shall remain your Intellectual Property.

Content Ownership and Security

Content Ownership: Hypedcode SRL does not claim any ownership rights to your User Content. You retain the exclusive ownership, title, and interest in and to your User Content.

While you retain ownership over your User Content, by uploading or entering it onto Clepside, you grant Hypedcode SRL a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute your User Content in any and all media or distribution methods (now known or later developed) solely for the purposes of operating, providing, and improving the Clepside services.

At Hypedcode SRL, we take security and privacy seriously. You agree not to compromise the security or privacy of our systems or the information on them. We ensure that the data transmitted aligns with accepted industry standards. It’s your responsibility to make sure that any transmission standards meet your operating and legal requirements.

Sharing, Restrictions and Responsibilities

Your User Content can be designated as “shared” or “private”. When marked as “shared”, other users of Clepside service may acquire entitlement to view, comment on, and tag your “shared” designated User Content.

When you delete your private User Content from Clepside, the content will stop being visible. However, please be aware that deleted content may persist in backups for potential recovery and continuity purposes, but will not be used by Hypedcode SRL beyond these needs. Full policy details on data retention can be found in our Privacy Policy.

You agree that your use of Clepside services will comply with the Hypedcode SRL Usage Rules Policy. We reserve the right to remove or disable access to any Content, including User Content, that we consider objectionable or in violation of these terms at any time without prior notice.

Finally, you retain ownership of any copyrights or other intellectual property rights applicable to any content you produce using Clepside. Hypedcode SRL will not license your Public Content to any third parties without your explicit permission. We reserve the right to remove any Public Content which violates this agreement. You understand that you are responsible for the legality, reliability, appropriateness, originality, and copyright of your content.

Restrictions

At Hypedcode SRL, we respect the legal rights, safety, and privacy of all our users. The use of our platform, Clepside, is regulated by a set of guidelines you’ll need to follow. Any action that infringes upon these guidelines, unless it’s legally required or you have an express written permission from us, is strictly prohibited.

Here’s what you’re not allowed to:

• Share content that infringes upon someone’s intellectual property rights, promotes discrimination, bigotism, violence, or anything that’s unlawful, misleading, obscene, or unethical.

• Attempt to reverse engineer, duplicate, decode, or decompile our Clepside service or its underlying algorithms and infrastructure.

• Use Clepside in a manner that it can lead to its disruption, damage, overburden, or can interfere with others’ access to the service.

• Disregard any fair usage limits determined by us when it comes to data storage.

• Carry out unlawful activities to gain unauthorized access to the accounts of other users, disrupt the service, or harm the systems connected with the service.

• Manipulate, tamper, or bypass any security measures or content protections of Clepside.

• Use any automatic device, software, or manual process to intercept, scrape, monitor, copy, or collect data from Clepside.

• Use Clepside for any illegal, unethical, harassing, or disruptive purposes.

• Violate any applicable law or regulation with your use of Clepside.

• Use Clepside from any regions or countries under a rigorous U.S. embargo.

Remember, this use of Clepside should be in alignment with the terms laid out in these instructions and the additional documentation. For more detailed information, please refer to our Usage Rules Policy. Upholding these rules ensures a secure and efficient use of Clepside by all users.

Cancellation and termination

Users can terminate their Clepside account at any point. If you wish to delete your account, you may do so by sending a written notice to Hypedcode SRL, or by following the alternative procedures that may be provided on our platform in the future.

Account Suspension or Deletion by Hypedcode SRL

Hypedcode SRL reserves the right to either suspend or delete a user’s account in alignment with our Terms of Service. This action may be necessary if a breach of our Terms of Service is detected. It’s important for users to understand that adherence to our terms ensures the security and functionality of our platform for all users.

Effects of Account Deletion

Once an account is deleted, both these Terms of Service and the accompanying user license are terminated immediately. Users should be aware that ending this agreement does not affect or prejudice the accrued rights or remedies of any party based on any account activities up to the date of account expiry or termination.

GDPR Compliance and Data Deletion

In compliance with the General Data Protection Regulation (GDPR), users have the right to request the deletion of their private content from our platform. For such requests, please contact Hypedcode SRL directly. We are committed to ensuring the privacy and protection of your data.

Licence

Hypedcode SRL grants you a non-exclusive, revocable license to access and use our software, ‘Clepside’, solely as permitted under these Terms of Service. Any unauthorized use of Clepside outside of these terms is strictly prohibited. It is important to note that this license does not include any right to resell Clepside’s services, to publicly perform or publicly display any proprietary content, to modify or otherwise make any derivative uses of Clepside or our services, or any portion thereof.

Hypedcode SRL is committed to ensure that the access to Clepside is safeguarded around the clock, barring: (a) planned maintenance periods, or (b) any outages instigated by factors beyond our control such as natural disasters, governmental decrees, civil discord, acts of terror, strikes or other industrial disputes, Internet service lapses or delays or 3rd party providers service interruptions.

As a user, you acknowledge and accept that Clepside is:

Housed and maintained by Hypedcode SRL, promising access only through an internet or other connections to the company’s servers without the option of ’local’ accessibility from the user’s system; and

Overseen and supported exclusively by Hypedcode SRL using the company’s servers. It is specified that no ‘back-end’ access to Clepside is offered to the user unless explicitly agreed upon in writing. As a hosted and managed service, Hypedcode SRL reserves the right to enhance, maintain, adjust, backup, modify, add or subtract features, revamp, progress or otherwise amend Clepside.

In addition to our platform, Clepside will also be accessible from the App Store. In such case, Apple’s terms of service will also apply. Further details on this matter can be found in a subsequent section of this document.

Confidential Information

The term “Confidential Information” in this section implies any possession, knowledge, data, or secret that either Hypedcode SRL or the customer (“Party A”) shares with the other (“Party B”) under this agreement. This information must be explicitly labelled or declared as private or confidential, or be of a sort that a reasonable individual under similar conditions would view as confidential. Confidential Information does not encompass data that Party B can substantiate: (i) was developed independently; (ii) was rightfully acquired from a third party without any existing confidentiality obligations; or (iii) became publicly available without any direct involvement of Party B. Confidential Information of Hypedcode SRL covers the non-public details about the features, functionality, performance, and pricing of Clepside and other Hypedcode products or services.

Each party, in their role as Party B, is obligated to take appropriate measures to safeguard the Confidential Information of Party A, and refrain from unauthorized use or non-consensual third-party sharing of the respective Confidential Information. However, Party B has the allowance to disclose Confidential Information – in part or in its entirety – (i) to its workforce, executives, board members, consultants, or professional advisors (such as attorneys, auditors, financial advisors, accountants, and legal representatives). This is permissible only if such parties have a legitimate need for the information and are legally or ethically bound to maintain the confidentiality of such information in alignment with this agreement; (ii) if such sharing is mandated by law. In such cases, where feasible by law, Party B should (A) notify Party A in writing ahead of the disclosure, (B) give Party A a chance to challenge the disclosure, and (C) make honest efforts to limit the extent of disclosure. Party B assumes full responsibility and liability for ensuring that its employees and representatives are compliant with this section as if their actions were direct actions of Party B. These confidentiality terms will not apply to any Confidential Information after seven years of its disclosure. However, in case of trade secrets, the confidentiality is upheld until such information ceases to be classified as a trade secret under relevant law.

Apple App Store

This section spells out the terms for using Hypedcode SRL’s Software-as-a-Service platform, Clepside through its associated mobile application ("Clepside"). You are responsible for obtaining and maintaining the device, wireless service plan, software, internet connections, or other necessary equipment or services vital for access and usage of the App. The ability to use the App on any specific device or service plan is not guaranteed, nor is availability in any particular geographical location.

As part of providing our service, you may receive communications such as push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages ("Push Messages") directly related to the App. Note that you might incur charges from your wireless service provider for data use, text messaging, or other wireless access (including Push Messages). You have control over the Push Messages settings (except crucial service announcements and administrative messages) and can choose to opt-in or opt-out of these messages via the App or the operating system of your mobile device. We advise you to familiarise yourself with your wireless service provider’s policies. All costs or fees related to the download, installation and usage of the App, including receipt of Push Messages from Clepside, will be borne by you.

For users accessing the App via the Apple App Store, other terms apply. These documented terms are between you and Hypedcode SRL, not Apple. Apple bears no responsibility for the App or its content. In line with the App Store terms of use, we make no guarantees regarding Apple’s obligation to provide maintenance and support for the App. If the App fails to meet any applicable warranty, you may notify Apple for a potential purchase price refund. Any claims, losses, liabilities, damages, costs or expenses due to a failure to meet any warranty will be regulated solely by these terms provided by Hypedcode SRL. It’s important to bear in mind that with regard to any third party claims related to the App infringement of intellectual property rights, these matters will be directly handled by Hypedcode SRL. You must meet all third-party agreement terms when using the App. Keep in mind that Apple and its subsidiaries are considered third-party beneficiaries of these terms relating to the App and, accepting these terms empowers Apple to take the right to enforce these terms against you as a beneficiary.

Intelectual Property

Hypedcode SRL fully retains all proprietary rights to “Clepside”, including but not limited to copyrights, patents, trade secrets, trademarks and service marks (collectively known as “Hypedcode Intellectual Property”). No rights regarding the Hypedcode Intellectual Property are transferred to you through your use of our services.

Content that includes or incorporates any aspect of the Hypedcode Intellectual Property is strictly controlled and guarded by our company. Any usage, copying, reproduction, distribution, display, sale, licensing, or exploitation of such content for any purposes other than those explicitly allowed under our terms, can only be carried out with the prior, written approval of Hypedcode SRL.

Hypedcode SRL Trademarks. Hypedcode SRL maintains moral and registered rights over its trademarks. Any alteration, use, or dealing in these marks without the prior written consent of our company is strictly prohibited.

Proprietary Information. Hypedcode SRL uses software and other proprietary systems and Intellectual Property with legal authority. The user acknowledges that these are protected by domestic and international copyright, trademark, patent, and proprietary rights. Any infringement on third-party rights through the use of Clepside is strictly forbidden.

Clepside Application. As a user of Clepside, you agree to recognise that Clepside is the Intellectual Property of Hypedcode SRL. Users are prohibited to:

1. Copy Clepside or its services for their own commercial purposes
2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Clepside or any documentation associated with it.

Content credentials. All content submitted to Hypedcode SRL, becomes and remains the Intellectual Property of Hypedcode SRL. This includes but not limited to any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party with respect to Clepside.

Third Parties

Our product, Clepside, relies on external dependencies that may impact its uptime. This includes, but is not limited to, access to the internet and hosting services. Hypedcode SRL has no control over these external elements’ availability. Hypedcode SRL asserts that:

We are in no way accountable for: Temporary interruption of Clepside due to any external services, or The information provided on any externally linked third-party websites.

Clepside, developed by Hypedcode SRL, is a product meticulously created to streamline the organization of your life. However, its seamless operation could be potentially influenced by elements beyond our control. These factors, largely external, are crucial to the performance of Clepside but remain outside the realm of our influence.

By utilizing our product, you acknowledge that internet service providers and hosting services, among other external dependencies, impact Clepside’s round-the-clock availability. As a user, you acquiesce that these dependencies are beyond Hypedcode SRL’s control and regulatory powers.

Moreover, Hypedcode SRL cannot accept liability for interruptions due to any third party services that may halt Clepside functionality temporarily or for information incorporated from any third-party websites linked externally. All users should exert due diligence in understanding these external sites’ credibility before trusting or utilizing their information.

These acknowledgments and agreements are in your best interest, as they elucidate the extent of Hypedcode SRL’s responsibility concerning Clepside’s operation. Despite our best efforts to ensure uninterrupted service, the defined external factors might contribute to temporary availability issues. Your understanding keeps the partnership mutually beneficial and functions as a disclaimer against unexpected service issues.

Jurisdiction

Hypedcode SRL’s Terms of Service for Clepside, our platform aimed at transforming the way individuals organise their lives, are subject to the laws of Romania and the European Union. These terms are defined irrespective of any conflicts of law principles that may be present.

By using our services, you give your explicit consent that any claim or dispute emerging under these Terms of Service will be exclusively addressed within the jurisdiction of the courts of Timis, Romania, irrespective of your location. You additionally agree to comply with the personal jurisdiction of these courts for the motive of any such legal proceedings or actions.

These provisions are in place to ensure a clear, consistent legal framework for our users, fostering a uniform user experience that is transparent and respectful of every party’s rights and responsibilities.

Compliance with Export Control and Sanctions Laws

Hypedcode SRL has designed Clepside, our proprietary platform, with the intent to help users manage and streamline their lives. However, usage of our service is subject to adherence with the export controls and sanctions laws, including regulations set out by the U.S. Your use of our services is strictly conditioned on full compliance with these rules.

You, as a user, are emphatically barred from using our services if you:

1. Are set under any sanctions or on any export denial list. This includes, but isn’t limited to, the U.S. Specially Designated Nationals and Blocked Persons (“SDN”) List and the U.S. Entity List, Unverified List, and Denied Persons List.

2. Identify as any individual or entity ordinarily residing in or governed under the laws of an area subject to an all-encompassing U.S. embargo. As of the present, that includes Cuba, Iran, Syria, North Korea, and the Crimea, Donetsk People’s Republic, and Luhansk People’s Republic regions of Ukraine.

3. Use Hypedcode’s Clepside Service for any purpose that goes against the applicable export control and sanctions laws and regulations. The prohibited purposes encompass nuclear, chemical, or biological weapons proliferation, missile systems or unmanned aerial vehicles intended for the delivery of weapons, use in nuclear facilities not monitored by IAEA safeguards, restricted nuclear activities, military-intelligence operations, unauthorized surveillance activities, human rights abuses, or for a military end user or end-use in a country under an arms embargo.

4. Are a party that would mandate Hypedcode SRL to obtain a government license or authorization under the export control and sanctions laws to be able to provide, export, re-export, or transfer our products and services.

We, at Hypedcode, are committed to ensuring the integrity of our services and upholding the laws and regulations related to international trade and sanctions. Hence, it is imperative that all users of our Clepside platform adhere to these conditions diligently.

Dispute Resolution and Class Action Waiver

If a conflict or disagreement (referred to as “Dispute”) arises in connection with this Agreement, either party may notify the other via a Dispute Notice. The Dispute Notice should contain or be accompanied by full and comprehensive details of the Dispute and should be delivered within 10 Business Days of the situation leading to the Dispute first occurring.

Following receipt of a Dispute Notice, respective representatives of both parties must meet within the next ten Business Days and aim to resolve the Dispute. This meeting can be conducted virtually or otherwise. It’s important to note, any party should not seek court proceedings for a Dispute without first trying to settle it through the dispute resolution process described above.

Notwithstanding the above statement, either party can initiate court proceedings to attain urgent interlocutory, injunctive, or declaratory relief relating to a Dispute. Irrespective of the existence of a Dispute, both parties are required to continue fulfilling their respective obligations as per this document and any related agreements.

Any conflict, controversy, or claim (hereafter as “Claim”) associated with your use of Hypedcode SRL’s services and products, like Clepside, will be solved through arbitration. Both you and Hypedcode SRL agree that any such Claim will be settled by legally binding arbitration.

Please note, arbitration will take place on an individual basis only. Class arbitrations and class actions are not permitted. By accepting these Terms, you acknowledge that both you and Hypedcode SRL waive the right to trial by jury or to participate in any form of class action or arbitration.

Limitations of Liability

Hypedcode SRL, along with its directors, employees, partners, agents, suppliers, or affiliates, shall not be held liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses. Our limitations apply whether these damages arise from the use of Clepside, any other claims related to your use of our service, or transactions conducted through our platform.

This limitation of liability also extends to any damages or harm resulting from:

• The use or inability to use Clepside;
• Unauthorized access or alterations of your transmissions or data;
• Statements or conduct of any third party on the service; or
• Any other matter related to our service, regardless of whether such damages were foreseeable.

Legal Boundaries:

Our liability limits will be in effect whether based in contract, tort (including negligence), or any other legal theory, and this is true even if Hypedcode SRL has been advised, or should have been aware, of the possibility of such damages.

Financial Limitations of Liability:

In the event that Hypedcode SRL is found liable for any damages that arise out of or are related to your use of Clepside or these terms, our total aggregate liability will not exceed the greater of:

• Twenty US dollars ($20 USD); or
• One hundred percent (100%) of the total amount you have paid, if any, to subscribe to Clepside during the twelve (12) month period immediately preceding the initial cause of action.

We emphasize that these financial limitations will apply even if a proposed remedy fails its essential purpose.

By accepting these terms and continuing to use Clepside, you acknowledge that Hypedcode SRL has set these limitations of liability in reliance on reasonable protective measures for our business operations, and these limitations are an essential basis of the bargain between Hypedcode SRL and you, the user.

Warranty Disclaimer

Hypedcode SRL provides Clepside, the software service, “AS IS”. Your use of the services is entirely at your own risk. Hypedcode SRL does not guarantee constant and unperturbed access, or that Clepside will be operable with your equipment. The company, its officers, directors, employees, and agents disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, suitability, accuracy, fitness for a particular purpose and non-infringement.

Please be aware that Hypedcode SRL uses third-party suppliers and hosting partners for providing the necessary hardware, software, network, storage, and associated technology needed to run the services.

Service Terms and Adjustments

Hypedcode SRL reserves the exclusive right, at our sole discretion, to modify or revise these terms, including any Supplementary Terms, at any given time. Should you continue to access or utilize our Clepside service after any revisions have taken effect, this will signify your agreement to comply with the revised terms. Should the new terms not meet your agreement, your authorization to use our service will be terminated.

We hold the right to modify, upgrade, supplement, or discontinue Clepside or any of its elements or features at any time, without requiring notification. In addition, Hypedcode SRL retains the right to transfer any rights, licenses, or obligations deriving from or pertaining to these Terms of Service or to Clepside without limitation.

Terms Enforcement and Agreement Extension

Our failure to enforce any right or provision of these Terms will not constitute a waiver of those rights. If a court deems any provision of these Terms to be invalid or unenforceable, the rest of these Terms will continue to be valid and enforceable.

These Terms embody the complete agreement between you and Hypedcode SRL regarding our Clepside service, and supersede any previous agreements we may have had regarding the service.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Hypedcode SRL to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Terms Preservation

All clauses of the Terms which, by their character, should outlast termination shall indeed continue after termination. This includes, but isn’t limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Reach Out to Us

If you have any queries regarding either our privacy practices or these Terms, please do not hesitate to contact us at: [email protected]