Terms of Service

1. Agreement to these Terms

These Terms of Service (the "Terms") are an agreement between you and The Soda Machine Co. ("Company", "we", "us"). They govern your use of Hyper, which consists of the desktop application, the iOS application, the website at heyhyper.ai, and the services behind them (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or another organization, you represent that you have the authority to bind that organization, and "you" refers to it as well. You must be at least 13 years old to use the Service. If you are under 18, you may use the Service only with the consent of a parent or guardian, who agrees to these Terms on your behalf.

2. The Service

Hyper is an AI agent. The Service lets you connect third-party tools, ask the agent to find information and act in those tools, run scripts on your computer or in a cloud sandbox, create automations that run on a schedule or in response to events, and share the results with members of your workspace.

Features differ between versions of the Service, and we may add, change, or remove features at any time. Some features are offered as previews or on a nightly channel; section 11 applies to them.

3. Accounts and workspaces

You sign in with a Google or Apple account. You are responsible for the security of that account and of the devices you use with the Service, and for all activity that occurs under your Hyper account. Notify us at founders@heyhyper.ai if you suspect unauthorized use.

A workspace is shared by its members. Workspace administrators control membership, invitations, and roles. Members see what other members share in the workspace, as described in the Privacy Policy. If you are an administrator, you are responsible for the members you admit.

4. Authorization to act on your behalf

The Service acts for you. By connecting a tool, you authorize the Service to access that tool with the permissions you grant and to take the actions you request or approve in it, under your account. By allowing the Service to use your computer, you authorize it to run the scripts the agent writes on that computer, under your user account's permissions, starting in the folders you allow. By creating an automation, you authorize the Service to run it without further confirmation, within the approvals you have given.

The Service offers settings that reduce or remove confirmation prompts, including approvals that apply to every future action of a kind and a mode that approves all actions. Actions taken under those settings are taken at your direction. You are responsible for them as if you had taken them yourself.

You represent that you have the right to connect each account you connect and to allow the Service to use each computer you allow, including any permission your employer or the account owner requires. You will comply with the terms of each third-party tool you connect.

5. AI output

The agent produces output with machine-learning models. That output may be inaccurate, incomplete, or unsuitable for your purpose, and the agent may take an action that is not what you intended. You must review output before relying on it and review actions before approving them. The Service does not provide legal, financial, medical, or other professional advice.

6. Your Data

You retain all rights to the content you provide to the Service and the content the Service retrieves from your connected tools (together, "Your Data"). You grant us a worldwide, non-exclusive license to host, store, copy, process, and transmit Your Data, and to send it to the service providers named in the Privacy Policy, solely to provide, secure, and improve the Service. This license ends when Your Data is deleted from the Service, except for copies in backups until they expire.

Content you share in a workspace is visible to its members. A chat you share with a link is visible to anyone who has the link. You are responsible for what you share.

You represent that you have the rights needed to provide Your Data to the Service and to grant this license, and that Your Data does not violate the law or the rights of any third party.

7. Acceptable use

You will not, and will not direct the agent to:

• Use the Service to violate any law or the rights of any person
• Connect an account or allow a computer that you do not have the right to use
• Use the Service to violate the terms of a third-party tool, or to send spam or unsolicited messages
• Collect personal information about other people without a lawful basis
• Attempt to gain unauthorized access to the Service, its systems, or another user's data
• Interfere with the operation of the Service, or circumvent its usage limits or security measures
• Reverse engineer, decompile, or disassemble the Service, except where the law allows it
• Store or transmit malicious code
• Resell the Service or offer it to third parties as a service without our written consent

8. Fees

The Service offers a free trial, paid plans, and custom enterprise plans, as described on the pricing page. Paid plans are billed per seat per month and include a monthly allowance of usage, measured in tokens. Usage beyond the allowance may be limited or charged as the pricing page describes. Fees are stated in US dollars and exclude taxes, which you are responsible for.

We may change fees with at least 30 days' notice. Fees already paid are not refundable, except where the law requires a refund. We may suspend a workspace whose fees are unpaid.

9. Third-party tools

The tools you connect belong to third parties. Their terms and privacy policies govern your use of them. We do not control them and are not responsible for their availability, their conduct, or changes they make that affect the Service. A connector may stop working if the third party changes or withdraws its interface.

10. Intellectual property

The Service, including its software, design, logos, and documentation, is owned by The Soda Machine Co. and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service under these Terms. These Terms do not grant you any rights to our trademarks.

If you send us feedback or suggestions, we may use them without obligation to you.

11. Preview and nightly features

Features marked as previews, betas, or offered on the nightly channel are provided for evaluation. They may be incomplete, change without notice, or be withdrawn. They are provided "as is", and the limitations in sections 13 and 14 apply to them in full.

12. Termination

You may stop using the Service at any time and may request deletion of your account as described in the Privacy Policy. We may suspend or terminate your access if you violate these Terms, if your fees are unpaid, if your use creates a security or legal risk, or if the law requires it. Where practical, we will notify you first.

On termination, your right to use the Service ends, and we delete Your Data as described in the Privacy Policy. Sections 5, 6, 10, 13, 14, 15, and 17 survive termination.

13. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that the agent's output is accurate or that its actions will match your intent.

14. Limitation of liability

To the maximum extent permitted by law, The Soda Machine Co. and its officers, employees, and suppliers are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages. This includes losses caused by an action the agent took in a connected tool or on your computer.

To the maximum extent permitted by law, our total liability for all claims arising out of or related to the Service or these Terms is limited to the greater of the fees you paid us in the 12 months before the claim and one hundred US dollars (US$100).

15. Indemnification

You will defend and indemnify The Soda Machine Co. against claims, damages, and expenses, including reasonable legal fees, arising out of Your Data, your use of the Service, the accounts you connect, the computers you allow, the actions you request or approve, or your violation of these Terms or of a third party's rights.

16. Changes to these Terms

We may update these Terms. We will post the updated Terms on this page and update the effective date. For a material change, we will also notify you in the application or by email before it takes effect. Your continued use of the Service after the effective date is acceptance of the updated Terms.

17. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute arising out of or related to these Terms or the Service will be resolved in the state or federal courts located in San Francisco County, California, and you consent to their jurisdiction.

18. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If a provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor of our business. You will comply with applicable export control and sanctions laws in using the Service.

19. Contact

Questions about these Terms may be sent to founders@heyhyper.ai or by mail to The Soda Machine Co., 601 California St, Suite 525, San Francisco, CA 94108, USA.