Terms of Service

1. About us and these Terms

These Terms of Service ("Terms") form a legally binding agreement between you and Hynivo Ltd ("Hynivo", "we", "us", "our"), the operator of https://hynivo.sbs and related websites, applications, application programming interfaces, AI tools and services (together, the "Services").

You can contact us at [email protected].

The following documents are incorporated into and form part of these Terms: the AI Terms of Use, the Acceptable Use Policy, the Brand & Trademark Policy and the Disclaimer. Our Privacy Policy and Cookie Policy explain how we handle personal data. Where there is a conflict, these Terms prevail, except that the AI Terms of Use prevail in relation to AI features.

2. Definitions

• "Account" means an account you register to access the Services.
• "AI Features" means any functionality of the Services that uses artificial intelligence, machine learning, large language models, generative models or similar technologies.
• "Input" means any prompt, text, file, image, audio, video, data or other material you submit to the Services.
• "Output" means content generated by the Services in response to your Input.
• "User Content" means Input, Output and any other content you upload, post or transmit through the Services.
• "Business User" means a person using the Services on behalf of a company, organisation or other legal entity.
• "Consumer" means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

3. Eligibility

• You must be at least 18 years old, or the age of legal majority in your country if higher, to use the Services. The Services are not directed to children and we do not knowingly collect personal data from anyone under 16.
• If you use the Services on behalf of an organisation, you represent and warrant that you are authorised to bind that organisation to these Terms, and "you" includes that organisation.
• You may not use the Services if you are barred from doing so under applicable law, are subject to economic sanctions, or have previously been suspended or removed from the Services.

4. Your account

• You must provide accurate, current and complete information and keep it up to date.
• You are responsible for safeguarding your login credentials and API keys and for all activity under your Account. Do not share credentials.
• Notify us immediately at [email protected] of any unauthorised access or security breach.
• We may refuse registration, reclaim usernames, or require identity verification where reasonably necessary.

5. Use of the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your personal or internal business purposes.

You agree not to, and not to allow others to:

• use the Services in breach of the Acceptable Use Policy or any applicable law;
• copy, modify, distribute, sell, lease or create derivative works of the Services except as expressly allowed;
• reverse engineer, decompile, disassemble or attempt to discover source code, model weights, training data or underlying algorithms, except to the extent permitted by law;
• use Output to develop models that compete with Hynivo;
• scrape, crawl or extract data from the Services by automated means except through our documented APIs;
• circumvent rate limits, usage quotas, safety filters, content moderation or access restrictions;
• interfere with or disrupt the integrity, security or performance of the Services;
• misrepresent that Output was human-generated where that would be deceptive or unlawful;
• resell or white-label the Services without our written agreement.

6. AI Features

Your use of AI Features is also governed by our AI Terms of Use. In summary, by using AI Features you acknowledge and agree that:

• Output is generated automatically and may be inaccurate, incomplete, biased, offensive or not unique; similar Output may be generated for other users.
• You must independently evaluate and verify Output before relying on it, especially for legal, medical, financial, safety-critical or other high-impact purposes.
• Output does not constitute professional advice.
• Your Input may be processed by AI systems, including third-party model providers acting as our processors, to provide the Services.
• We will not use your Input or Output to train our models unless you give separate opt-in consent via our Consent Preferences or account settings.
• You are responsible for your Input and for how you use Output.

7. User Content and intellectual property

7.1 Your content

As between you and Hynivo, and to the extent permitted by law, you retain ownership of your Input and own the Output generated for you. We assign to you all of our right, title and interest, if any, in Output. This does not apply to content we or third parties already owned, or to Output that is substantially similar to content generated for others.

7.2 Licence to us

You grant Hynivo a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display your User Content solely as necessary to provide, secure and support the Services, comply with law and enforce our policies. This licence ends when your User Content is deleted from our systems, subject to the retention periods in our Privacy Policy.

7.3 Your responsibilities

You represent and warrant that you have all rights, licences and consents necessary to submit your Input (including consent of any individual whose personal data, image or voice is included) and that your Input and your use of Output do not infringe any third party's rights or violate any law.

7.4 Our intellectual property

The Services, including software, models, interfaces, designs, text, graphics, logos and the HYNIVO name and marks, are owned by Hynivo Ltd or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you. See our Brand & Trademark Policy.

7.5 Feedback

If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without obligation to you.

8. Fees, payment and subscriptions

• Some Services are paid. Prices, billing frequency and included usage are shown at the point of purchase or in an order form.
• Unless stated otherwise, fees are payable in advance, are non-refundable except as required by law or set out in these Terms, and exclude applicable taxes, which you are responsible for.
• Subscriptions renew automatically at the end of each billing period unless you cancel before renewal. You can cancel at any time; cancellation takes effect at the end of the current period.
• We may change prices on at least 30 days' notice. Changes apply from your next renewal. If you don't agree, you may cancel before the change takes effect.
• Late payments may result in suspension of the Services.
• Consumers' cancellation right: where applicable law gives Consumers a right to cancel within 14 days of purchase, you may exercise it by emailing us. If you expressly request that digital services begin during the cancellation period, you acknowledge that you may lose the right to cancel once the service has been fully performed, or may be charged for services provided before cancellation.

9. Third-party services

The Services may integrate with or link to third-party products, AI model providers, websites or services. We are not responsible for third-party services, and your use of them is subject to their own terms and privacy policies.

10. Privacy and data protection

Our Privacy Policy explains how we collect and use personal data. Where you are a Business User and we process personal data on your behalf, we will do so as your processor under a data processing agreement, available on request at [email protected].

11. Consent and electronic communications

By using the Services you consent to receive communications from us electronically, including service notices, security alerts and changes to these Terms. You agree that electronic agreements, notices and disclosures satisfy any legal requirement that such communications be in writing. Marketing communications are only sent with your consent, where required, and you may opt out at any time.

Optional uses of your data — including analytics, personalisation, AI training and marketing — are subject to your separate consent, which you can manage on our Consent Preferences page.

12. Suspension and termination

• You may stop using the Services and close your Account at any time by emailing us.
• We may suspend or terminate your access, with or without notice, if you materially breach these Terms, create risk or legal exposure for us or others, fail to pay fees, or if required by law. Where reasonable, we will give notice and an opportunity to remedy.
• We may discontinue any Service or feature on reasonable notice. If we discontinue a paid Service, we will refund prepaid fees for the unused period.
• On termination, your right to use the Services ends. You may request export of your User Content within 30 days, after which we may delete it in line with our Privacy Policy.
• Sections that by their nature should survive (including 7, 13, 14, 15, 16 and 18) survive termination.

13. Disclaimers

To the maximum extent permitted by law, the Services and all Output are provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that Output will be accurate, reliable, unique or free from harmful content.

Nothing in these Terms affects statutory rights that cannot be waived or limited under the law that applies to you, including Consumer rights.

14. Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

Subject to the above, to the maximum extent permitted by law: (a) Hynivo Ltd will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity; and (b) our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of the amounts you paid to us for the Services in the 12 months before the event giving rise to the claim, or one hundred (100) pounds sterling or equivalent.

If you are a Consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or for business losses.

15. Indemnity

If you are a Business User, you agree to defend, indemnify and hold harmless Hynivo Ltd, its directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of Output, your breach of these Terms or your violation of any law or third-party right.

16. Governing law and disputes

• These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of the country in which Hynivo Ltd is incorporated, and the courts of that country have jurisdiction, subject to the next point.
• If you are a Consumer, you also benefit from any mandatory protections of the law of your country of residence and may bring proceedings in the courts of that country.
• Before starting formal proceedings, you agree to contact us at [email protected] so we can try to resolve the dispute informally within 30 days.

17. Changes to the Services and these Terms

We may update these Terms from time to time to reflect changes in law, technology or our Services. For material changes we will give at least 14 days' notice by email or in the Services before they take effect, except where changes are required urgently for legal or security reasons. Your continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Services and may close your Account.

18. General

• Entire agreement: these Terms and the documents referred to in them are the entire agreement between you and us regarding the Services.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate.
• Severability: if any provision is held invalid, the remainder continues in full force.
• No waiver: failure to enforce any right is not a waiver of that right.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
• Third-party rights: no person other than you and us has any right to enforce these Terms.
• Language: these Terms are written in English, which prevails over any translation.

19. Contact

Questions about these Terms? Email [email protected] or use our contact page.