Hypersky offered by Instadart, Inc.
Effective Date: October 22, 2021
Our terms of service ("Terms") cover the use of all of our applications and services on all platforms ("Services"), and are applicable to all users of our Services. When we say, "we," "our," or "us," we’re referring to Instadart, Inc., a Delaware corporation, our employees, directors, officers, affiliates, and subsidiaries. When we say, "you" or "your," we’re referring to you, your team, company or persons that have registered with us to use Hypersky.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to the Terms. If you do not have this authority, or if you do not agree with these Terms, you may not use the Service.
By using Hypersky (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Instadart, Inc. (“Company”), the company behind Hypersky, reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below may result in the termination of your account.
You must be 18 years or older to use this Service.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must agree to our Acceptable Use Policy (AUP).
Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the account owner prior to suspension.
Payment, Refunds, Upgrading, Downgrading and Billing Terms
The Company accepted forms of payment include credit card, PayPal, or ACH or Apple Pay or Other Payments.
All fees displayed are in United States Dollar ("USD") and will be charged in USD.
We offer a 7-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.
For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
Your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, We will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no-questions-asked cancellation link.
All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information can not be recovered once it has been permanently deleted.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Hypersky site or the Service itself.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
All content posted on the Service must comply with U.S. copyright law.
We do not claim ownership of any intellectual property rights to any of the content or material you upload to Hypersky. However, we require that you grant us the rights to transmit, store and copy your data in order to display it to you and your teammates. This includes the ability for your entire team to search, tag, discuss and other actions needed to operate the service. This permission also includes allowing Hypersky to use third-party services such as Amazon Web Services or Slack in the operation of the service. The rights are extended to these third-party services.
We does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided via email.
You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service.
You will not create multiple accounts in order to increase the length of your free trial period.
You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Company reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
U.S. residents may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. This mandatory arbitration disallows any class arbitrations, class actions, any consolidation with other arbitrations, as well as private attorney general actions.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of "including" "for example" or "such as" in these Terms of Service shall be read as being followed by "without limitation" where appropriate.
You hereby consent to inclusion of your name and logo in client lists that may be published as part of Hypersky’s marketing and promotional efforts.
Any claim related to these Terms of Service, the Site(s) or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors.
You and Hypersky agree that these Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Questions about the Terms of Service should be sent to email@example.com.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.