Terms of Service

Last updated: August 5, 2026

Section 17 contains a binding individual arbitration provision and a class action waiver. You may opt out within 30 days.

These Terms of Service (the "Terms") are a binding agreement between you and the owner and operator of HyperWav, a sole proprietorship doing business as "HyperWav" ("HyperWav," "we," "us," or "our"), governing your access to and use of the HyperWav websites (including hyperwav.ai), applications, APIs, and services (collectively, the "Service"). Our legal and contact details are available at any time by writing to legal@hyperwav.ai. If we incorporate the business, these Terms and your subscription may be assigned to that entity as described in Section 20.3, with notice to you and no change to your plan or pricing.

By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy at hyperwav.ai/privacy. If you do not agree, do not use the Service.

IMPORTANT: Section 17 contains a binding individual arbitration provision and class action waiver that affect how disputes between you and HyperWav are resolved. You may opt out within 30 days as described in Section 17.8.

If you use the Service on behalf of a company or other entity (for example on a team plan), you represent that you have authority to bind that entity, and "you" refers to that entity.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not directed to anyone under 18, and we may terminate any account we reasonably believe is held by someone under 18. You may not use the Service if you are barred from doing so under applicable law, including US export and sanctions laws.

2. The Service

HyperWav is an AI-assisted video creation service: you upload video footage, and the Service plans and assembles edited output videos using automated systems, including third-party AI models, licensed stock media, motion graphics, music, sound effects, and captioning.

2.1 The Service evolves. We may add, change, or remove features, models, templates, stock libraries, or other components of the Service at any time. Specific AI models, stock providers, fonts, effects, and other components are not guaranteed to remain available. If a change materially reduces the core functionality of a paid plan, your remedy is to cancel under Section 6.

2.2 Beta period and beta features. The Service is currently offered as a beta / early-access product: capabilities, limits, pricing structures, and interfaces are still being refined, and you should expect occasional interruptions, errors, and changes as we improve it. In addition, individual features identified as beta, preview, early access, or "coming soon" are provided as-is, may be modified or discontinued at any time, may be subject to additional terms, and are excluded from any commitments in these Terms.

2.3 No guarantee of results. The Service produces videos; it does not promise outcomes. We make no representation or warranty about views, engagement, follower growth, revenue, platform performance, or any other result from content made with the Service.

2.4 Automated processing. You understand and agree that your uploads are processed by automated systems, including transcription, scene analysis, and third-party AI models, in order to produce your outputs. Human review by HyperWav personnel may occur only as described in the Privacy Policy (for example, for abuse investigation or support you request).

3. Accounts and Security

You must provide accurate, current information when registering and keep it updated. You are responsible for all activity under your account and for keeping your credentials and any API keys confidential. Notify us immediately at security@hyperwav.ai of any unauthorized use. We are not liable for losses caused by unauthorized use of your account that occurs before you notify us. Accounts are personal to you (or your entity) and may not be sold, transferred, or shared, except through team seats we make available on eligible plans.

4. Plans, Credits, and Metering

4.1 Plans. The Service is offered on a free plan and paid subscription plans as described at hyperwav.ai/pricing. Features, limits, quotas, caps, and inclusions of each plan are as described on the pricing page at the time of purchase, as it may be updated from time to time.

4.2 Credits. Paid and free plans include monthly grants of usage credits ("Credits"), which may be of different types (for example edit credits and AI credits) that are not interchangeable. Credits meter your use of the Service. Credits:

We may modify credit costs of particular operations, the contents of plans, and the rate at which features consume Credits. Where the Service shows you an estimated or quoted cost before a render, the quote governs that job.

4.3 Metering basis. Unless stated otherwise in the Service, video jobs are metered on the length of the uploaded footage, not the finished output, subject to minimum charges shown in the Service.

4.4 Usage caps and limits. Plans may include hard limits — including monthly video caps, upload length limits, resolution limits, storage quotas, and concurrency or rate limits — enforced automatically. We may enforce limits and caps server-side even where marketing copy describes a plan as "unlimited" in some respect, in order to prevent abuse (see Section 9.3 on fair use).

4.5 Free plan. The free plan is provided at our discretion and may be changed, limited, or withdrawn at any time. Free plan outputs carry a HyperWav watermark, which you may not remove, obscure, or crop (Section 8.5). Free plan outputs are automatically deleted 90 days after render (Section 7).

5. Billing and Payments

5.1 Payment processing. Payments are processed by third-party processors (currently Stripe). Your payment is also subject to the processor's terms. You authorize us and our processor to charge your payment method for all fees, including recurring subscription fees and applicable taxes.

5.2 Subscriptions renew automatically. Paid plans renew automatically at the end of each billing period (monthly or annual) until cancelled. You can cancel at any time in your account settings, effective at the end of the current billing period. Where required by applicable law (including for consumers in certain US states and the EU/UK), we will provide any required renewal reminders and a cancellation mechanism at least as easy as signup.

5.3 Annual plans. Annual plans are billed in one upfront charge for the year. Credits on annual plans are granted monthly over the twelve-month term, not all at once.

5.4 Price changes. We may change prices for any plan. Price changes take effect at your next renewal, and we will give you at least 30 days' notice before a price increase applies to you. Promotional or grandfathered pricing (including founding-member pricing) remains subject to Section 5.5.

5.5 Promotional pricing. Promotional offers — including founding-member lifetime discounts — apply only to the account, plan(s), and conditions stated in the offer, do not stack with other discounts, and remain in effect only while the qualifying subscription remains continuously active and in good standing. Lapse, cancellation, chargeback, or termination for breach ends promotional eligibility. Promotional pricing does not restrict our ability to change the underlying plans' features under Section 2.1.

5.6 Upgrades and downgrades. Upgrades take effect immediately; you are charged the prorated difference. Downgrades take effect at the end of the current billing period; nothing you have already paid for is clawed back during the paid period. On downgrade (including to the free plan), your account becomes subject to the lower plan's limits, quotas, and retention rules, and content exceeding the lower plan's storage quota may be deleted after reasonable notice.

5.7 Refunds. Except where required by applicable law, all fees are non-refundable, including for partially used periods and unused Credits. If a paid render fails due to a Service malfunction, our sole obligation, and your sole remedy, is to re-run the job or re-credit the Credits consumed. We may, in our discretion, offer refunds or credits in other cases; doing so once does not oblige us to do so again.

5.8 EU/UK consumers — withdrawal right. If you are a consumer in the EU or UK, you have a statutory 14-day right of withdrawal from a distance contract. By purchasing, you expressly request immediate access to the Service (digital content/services) and acknowledge that: for digital services, if you withdraw within 14 days you may owe a proportionate amount for the service provided before withdrawal; and to the extent the purchase constitutes supply of digital content, you consent to immediate performance and acknowledge that you thereby lose the right of withdrawal. Nothing in these Terms limits rights that cannot be waived under your local law.

5.9 Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties, and government charges, other than taxes on our income.

5.10 Overdue amounts and chargebacks. If a payment fails or is reversed, we may suspend or downgrade your account until the balance is settled. If you initiate a chargeback that is resolved in our favor, or a chargeback we reasonably determine to be abusive, we may charge you our reasonable costs of responding and may terminate your account. If you believe a charge is in error, contact us at billing@hyperwav.ai before disputing it with your bank.

6. Term and Cancellation by You

You may cancel your subscription at any time, effective at the end of the current billing period. After cancellation you retain access to paid features through the end of the paid period, and outputs you have already rendered remain downloadable subject to Section 7 (retention) and these Terms. Deleting your account is separate from cancelling a subscription and results in deletion of your content as described in Section 7 and the Privacy Policy.

7. Your Content, Storage, and Retention

7.1 Your Content. "Your Content" means anything you upload to or create with the Service: raw footage, audio, images, B-roll libraries, scripts, brand assets, and prompts ("Inputs"), and the finished videos and assets the Service generates for you ("Outputs").

7.2 You own Your Content. As between you and HyperWav, you retain all ownership rights in your Inputs. Subject to these Terms (including Section 8 on third-party components and Section 5 on payment), HyperWav assigns to you, or where assignment is not possible grants you an exclusive-as-between-us, perpetual, worldwide license to, all right, title, and interest HyperWav may hold in your Outputs. We do not claim ownership of your videos.

7.3 License you grant us. So that we can operate the Service, you grant HyperWav a worldwide, non-exclusive, royalty-free license (with the right to sublicense to our service providers) to host, store, cache, reproduce, transcribe, analyze, modify, adapt, create derivative works of, and transmit Your Content, solely as necessary to: (a) provide, maintain, secure, and support the Service, including producing your Outputs; (b) enforce these Terms and comply with law; and (c) improve the Service using aggregated or de-identified information that does not identify you or reproduce Your Content. We will not use Your Content to train generative AI models without your consent. This license ends when Your Content is deleted from the Service, except for lawful backups and records retained per the Privacy Policy, and except that the license survives for content you have shared publicly for as long as it remains shared.

7.4 Your responsibilities and warranties for Inputs. You are solely responsible for Your Content. You represent and warrant that:

7.5 Storage is a feature, not a warranty. The Service includes content storage as part of your plan, subject to plan quotas, but the Service is not a backup or archival service. Keep your own copies of anything you care about. We are not liable for loss, corruption, or deletion of Your Content, including deletions under this Section 7.

7.6 Automatic deletion schedules. You agree that we delete content automatically, including on the following schedules (which we may update by revising the Service documentation): raw uploaded source footage is deleted a set period after rendering (currently 7 days post-render), other than files you have saved to a persistent library within your plan's storage quota; free plan Outputs are deleted 90 days after render (with reasonable advance notice); content exceeding your plan's storage quota (including after downgrade) may be deleted after reasonable notice; and content in terminated or long-inactive free accounts may be deleted after reasonable notice.

7.7 Content moderation and removal. We may (but have no obligation to) review, filter, refuse to process, or remove any of Your Content that we reasonably believe violates these Terms or the law, and may suspend accounts accordingly. Automated safety filters may block certain uploads or generations; occasional false positives are not a breach of these Terms.

8. Outputs, Licensed Media, and AI Components

8.1 Commercial use. Subject to these Terms and your plan, you may use your Outputs for any lawful purpose, including commercial use, on any platform.

8.2 Third-party media inside Outputs. Outputs may incorporate stock footage, stock imagery, music, sound effects, fonts, motion graphics, and other media licensed by HyperWav from third parties ("Licensed Media"). Licensed Media is licensed, not sold, and only as embedded in your Outputs. You may not: extract, separate, or use Licensed Media outside the Output it appears in; redistribute, resell, or sublicense Licensed Media on a standalone basis (including in stock libraries, templates, or datasets); use Licensed Media in a way that suggests endorsement by identifiable people or brands appearing in it, or in defamatory, unlawful, or (where the underlying license restricts it) sensitive contexts; or register Licensed Media, or Outputs consisting substantially of Licensed Media, as a trademark or design mark. Underlying provider licenses may impose additional restrictions; we may publish a current list of material restrictions in the Service documentation, and you agree to comply with them.

8.3 AI-generated material. Outputs may include material generated by third-party AI models. You acknowledge that: (a) generated material may be inaccurate, incomplete, or unsuitable, and captions or transcriptions may contain errors — you are responsible for reviewing every Output before publishing it; (b) due to the nature of machine learning, the same or similar generated material may be produced for other users, and no exclusivity is promised in generated material as such; (c) the extent of copyright protection in AI-generated material is unsettled and may vary by jurisdiction, and we make no warranty that Outputs or portions of them are protectable or non-infringing; and (d) generated material must not be used in ways that violate Section 9, and certain generations may also be subject to flow-through restrictions of the model providers, material versions of which we may publish in the Service documentation.

8.4 Disclosure obligations. You are responsible for complying with any laws and platform rules that require you to label or disclose AI-generated or synthetic content where your Outputs are published.

8.5 Watermarks and provenance. You may not remove, obscure, crop out, or tamper with watermarks on free plan Outputs, or with any content-provenance metadata (such as C2PA credentials) the Service embeds.

8.6 Similar outputs and templates. Styles, templates, caption presets, motion graphics designs, and editing patterns are part of the Service and remain ours (Section 10). Other users' outputs may look similar to yours because they use the same styles; that is not a breach of these Terms.

9. Acceptable Use

9.1 Prohibited content. You may not upload, create, or distribute through the Service content that: is illegal or facilitates illegal activity; infringes or misappropriates any third party's intellectual property, privacy, or publicity rights; depicts or imitates a real, identifiable person — including their face, body, or voice — without the consents required by Section 7.4, or is otherwise a misleading "deepfake," including intimate imagery of any person without consent, and any impersonation of another person or entity presented as authentic; sexualizes, exploits, or endangers minors in any way (we report CSAM to relevant authorities); constitutes fraud, scams, phishing, or deceptive advertising, including undisclosed synthetic testimonials or fake endorsements; constitutes electoral or civic disinformation presented as authentic; is defamatory, harassing, or incites violence or hatred against people based on protected characteristics; or promotes self-harm, weapons proliferation, or the manufacture of illegal substances.

9.2 Prohibited conduct. You may not: reverse engineer, decompile, or attempt to extract source code, models, prompts, or training data from the Service, except to the extent a law expressly permits it despite this term; access the Service by automated means (scraping, crawling, bulk downloading) other than through documented APIs on plans that include them; probe, scan, or breach security or rate limits, or use another user's credentials; use the Service to build, train, or improve a competing product or any machine-learning model, or use Outputs to do so; resell, rent, or provide the Service to third parties as a service bureau, except as expressly allowed by your plan (agency use of Outputs for clients is permitted); share accounts, pool Credits across accounts, create multiple free accounts to evade caps, abuse trials, referral programs, or promotions, or otherwise circumvent metering, quotas, watermarks, or feature gates; interfere with the operation of the Service or other users' use of it; or misrepresent Outputs as having been made, endorsed, or verified by HyperWav where they were not.

9.3 Fair use of "unlimited" features. Where a plan feature is described without a numeric cap, it is subject to fair, ordinary business use by a single account. We may throttle, queue, or limit usage that materially exceeds normal use for your plan or that degrades the Service for others, and will contact you about persistent excess use before terminating for it.

9.4 Enforcement. We may investigate suspected violations and may remove content, revoke Credits obtained through abuse, suspend, or terminate accounts under Section 12. We may also report unlawful activity to authorities.

10. HyperWav's Intellectual Property; Feedback

The Service — including software, models and orchestration, templates, motion graphics systems, caption styles, designs, text, trademarks, and all related intellectual property — is owned by HyperWav and its licensors and is protected by law. Except for the limited rights expressly granted in these Terms, no rights are granted to you, and we reserve all rights. You may not use the HyperWav name, logo, or marks without our prior written consent, except to state truthfully that content was made with HyperWav.

If you give us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation, and without obligation to you.

We respect intellectual property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to our copyright agent at dmca@hyperwav.ai (postal address for notices available on request via that address). We will respond to valid notices, including by removing or disabling access to the identified material, and will forward counter-notices as the DMCA provides. We terminate the accounts of repeat infringers in appropriate circumstances. Misrepresentations in notices or counter-notices can carry liability under 17 U.S.C. § 512(f).

12. Suspension and Termination by Us

We may suspend or restrict your account, or any feature, immediately if we reasonably believe: you have materially breached these Terms (including Section 9); your use creates security, legal, or abuse risk for us, other users, or third parties; payment is overdue or was reversed; or suspension is required by law or a model, media, or infrastructure provider. Where practicable, we will notify you and give you a chance to cure before or promptly after suspension.

We may terminate your account: for material breach uncured within 14 days of notice (or immediately for breaches of Section 9.1, unlawful conduct, or risk to others); if the free plan or the Service is discontinued (with reasonable notice and, for paid plans, a pro-rata refund of prepaid unused fees — the only circumstance in which prepaid fees are refunded as of right); or after extended non-payment.

On termination: your license to use the Service ends; Sections that by their nature should survive (including 5.7, 7.4–7.6, 8, 10, 13–18) survive; and we will make Outputs available for download for a reasonable period (at least 30 days) after termination, except where we terminate for breach of Section 9.1, unlawful content, or where the law requires deletion.

13. Third-Party Services

The Service depends on third-party services, including payment processors, authentication providers (such as Google sign-in), cloud infrastructure, AI model providers, and stock media providers. Your use of third-party services is subject to their terms. We are not responsible for third-party services, and outages, changes, or discontinuations of third-party services are not a breach of these Terms, though we will use commercially reasonable efforts to maintain equivalent functionality.

14. Disclaimers

THE SERVICE, ALL CONTENT, AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION — ALL OF WHICH WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the above: we do not warrant that Outputs will be accurate, complete, high-quality, suitable for your purposes, lawful to publish in your jurisdiction, or free of third-party claims; we do not warrant that stored content will not be lost; estimates shown in the Service (including videos-per-month ranges and credit estimates) are estimates, not commitments; and nothing in the Service is legal, financial, or professional advice.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you. If you are a consumer, nothing in these Terms limits statutory rights that cannot be excluded by agreement.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER HYPERWAV NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR CONTENT, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY, AND REGARDLESS OF THE THEORY OF LIABILITY; AND (b) HYPERWAV'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) US $100.

These limitations do not apply to liability that cannot be limited by law (such as liability for fraud, willful misconduct, or, in some jurisdictions, death or personal injury caused by negligence), and do not limit non-waivable consumer rights. The limitations apply even if a limited remedy fails of its essential purpose, and they allocate risk reflected in the pricing of the Service.

16. Indemnification

You will defend, indemnify, and hold harmless HyperWav and its officers, directors, employees, and agents from and against any claims, demands, investigations, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content, including any claim that an identifiable person in your Inputs did not consent, or that Your Content infringes or violates any third-party right or law; (b) your use of the Service or Outputs in violation of these Terms or applicable law; (c) your breach of your representations and warranties; or (d) claims brought by your clients or team members relating to work you produced for them. We may assume the exclusive defense of any matter subject to indemnification (at our expense), in which case you agree to cooperate; you may not settle any such claim in a way that imposes obligations on us without our written consent. If you are a consumer in a jurisdiction that limits consumer indemnities, this section applies to you only to the extent permitted there.

17. Dispute Resolution — Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND HYPERWAV TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN COURTS OR JURIES, AND IT WAIVES CLASS AND REPRESENTATIVE ACTIONS. YOU MAY OPT OUT UNDER SECTION 17.8.

17.1 Informal resolution first (required). Before either party may commence arbitration or litigation, that party must send the other an individualized written notice of the dispute (legal@hyperwav.ai or, for notices to you, your account email) describing the claim and the relief sought, and the parties must attempt in good faith to resolve it — including, on request of either party, one individualized telephone or video conference — for at least 60 days after the notice. Completion of this process is a condition precedent to filing any arbitration or lawsuit, and any applicable limitation periods are tolled during it.

17.2 Agreement to arbitrate. Except as provided in Section 17.3, you and HyperWav agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Section. The Federal Arbitration Act governs this Section. The arbitrator has exclusive authority to resolve all disputes, except that a court decides the enforceability of the class waiver (17.5) and issues under 17.6.

17.3 Carve-outs. Either party may: bring an individual claim in small claims court if it qualifies; or seek injunctive or other equitable relief in court to protect intellectual property rights or prevent unauthorized access or abuse of the Service. In addition, to the extent applicable law (including California law) guarantees it, either party retains the right to seek public injunctive relief, and a claim solely for such relief may be decided by a court while all other claims proceed in arbitration. Filing in small claims court, or responding to a small-claims election by the other party, is not a waiver of this Section.

17.4 Procedure. Arbitration will be conducted in English by a single arbitrator, by videoconference or on written submissions unless the arbitrator holds that an in-person hearing is required, in which case it will occur in San Diego County, California or the county of your residence, at your election if you are a consumer. Fees are governed by the AAA rules; if your claim is for less than US $10,000 and you are a consumer, we will pay administrative and arbitrator fees beyond the filing fee you would pay in your local small claims court, unless the arbitrator finds the claim frivolous. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court of competent jurisdiction.

17.5 Class action and jury waiver. You and HyperWav each waive the right to a jury trial and the right to participate in a class, collective, consolidated, private attorney general, or representative action, whether in arbitration or court. The arbitrator may not consolidate claims of different parties or preside over any representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the rest of this Section remains in force.

17.6 Coordinated (mass) filings. If 25 or more demands for arbitration are filed with the assistance of the same or coordinated counsel or organizations raising similar claims, the parties agree the demands will be administered under the AAA's mass-arbitration procedures, in staged batches: 50 demands per batch (selected proportionally by each side) will proceed first, with the remainder held in abeyance (and limitation periods tolled) pending resolution of the batch; after each batch, the parties will engage in a global mediation session before the next batch proceeds. A demand that does not include an individualized statement of the claimant's use of the Service and alleged injury is not properly filed. This subsection does not prevent any claimant from electing small claims court instead.

17.7 Changes to this Section. If we change this Section 17 after you first accept it, you may reject the change by written notice within 30 days, in which case the prior version applies between us; continued material use after that constitutes acceptance for future disputes.

17.8 Your right to opt out. You may opt out of this arbitration agreement and class waiver entirely by emailing legal@hyperwav.ai within 30 days of first accepting these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

17.9 Consumers outside the US. If you are a consumer habitually resident in a jurisdiction whose law does not permit pre-dispute consumer arbitration agreements (including much of the EU/UK), Section 17.2–17.6 do not apply to you; instead, disputes may be brought in the courts described in Section 18, or in the courts of your place of residence where the law so requires, and you may also have access to local alternative dispute resolution bodies and (for EU residents) the applicable ODR mechanisms.

17.10 Time limit on claims. To the extent permitted by law, any claim arising out of the Service or these Terms must be filed within one year after the claim accrued, or it is permanently barred.

18. Governing Law and Venue

These Terms are governed by the laws of the State of California, USA, excluding its conflict-of-laws rules; the UN Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 17, the state and federal courts located in San Diego County, California have exclusive jurisdiction, and the parties consent to personal jurisdiction there. If you are a consumer, this choice of law does not deprive you of mandatory protections of the law of your country or state of habitual residence, and nothing in this Section limits Section 17.9.

19. Changes to These Terms

We may update these Terms from time to time. For material changes, we will give at least 30 days' advance notice by email and/or in-Service notice before the change takes effect (except changes required by law or addressing new features, which may take effect sooner). The updated Terms apply from their effective date; your continued use after that date constitutes acceptance. If you do not agree, cancel and stop using the Service before the effective date — for prepaid annual terms, a material change to your detriment entitles you to cancel and receive a pro-rata refund of prepaid unused fees. We will keep dated archives of prior versions available on request.

20. General

20.1 Entire agreement; order of precedence. These Terms, the Privacy Policy, and any plan-specific, API, or program terms we present to you are the entire agreement about the Service and supersede prior agreements. If a separate signed agreement exists (for example for managed/"Signature" services or enterprise plans), it controls over these Terms to the extent of conflict.

20.2 Additional program terms. Team seats, API access, referral and affiliate programs, and promotional programs may carry additional terms presented when you enroll; those terms are part of this agreement for those features. API access, where included in a plan, is for your own account's use, subject to rate limits and revocable for abuse.

20.3 Assignment. You may not assign these Terms without our written consent. We may assign these Terms, and the agreements they form, without your consent: to a company or other entity formed to own or operate the Service (including upon incorporation of the business); or in connection with a merger, acquisition, financing, reorganization, or sale of assets, or by operation of law. An assignment does not reduce your plan entitlements or change your pricing for the current term (including any founding-member pricing, which carries over on its existing conditions).

20.4 Severability; no waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect (subject to Section 17.5's specific rule). Failure to enforce a provision is not a waiver.

20.5 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages of third-party AI, media, cloud, or payment providers, internet failures, labor disputes, governmental acts, or acts of God.

20.6 Export and sanctions. You represent that you are not located in an embargoed jurisdiction and are not on any restricted-party list, and you agree to comply with applicable export control and sanctions laws.

20.7 Notices. We may give notice via the Service, your account email, or the email you provide; notices to us go to legal@hyperwav.ai (a postal address for legal notices is available on request via that address). Keep your email current — notice to your account email is effective even if unread.

20.8 Publicity. We may identify you by name and logo as a customer in customer lists and marketing; you may opt out anytime by emailing support@hyperwav.ai. We will not publish Your Content in marketing without your permission, except content you have already made public, with attribution.

20.9 Interpretation. "Including" means "including without limitation." Headings are for convenience only. These Terms are drafted in English; translations are for convenience and the English version controls to the extent permitted by law.

Contact: HyperWav — support@hyperwav.ai (legal notices: legal@hyperwav.ai)