Hyper Terms of Service
Last updated: January 2026These Terms of Service (“Terms”) form a legally binding agreement between you and Hyper Labs Pty Ltd (ABN to be inserted) (“Hyper”, “we”, “us”, “our”).
These Terms govern your access to and use of the Hyper mobile application, websites, and related services (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
1. Overview of Hyper
Hyper is a location-based community application that enables users to:
- Discover places and venues
- Check in to locations
- Share photos, content, and recommendations
- Control the visibility of their presence and activity
Hyper is a platform, not a venue owner, merchant, or service provider for the places listed on the Services.
2. Eligibility
2.1 Age Requirement
You must be at least 16 years of age to create an account or use the Services.
By using the Services, you represent and warrant that:
- You are at least 16 years old, and
- You have the legal capacity to enter into this agreement
2.2 Account Authority
If you are using the Services on behalf of an organisation, business, or venue, you represent that you are authorised to bind that entity to these Terms.
3. Account Registration and Security
3.1 Account Creation
You may be required to create an account to access some or all features. You agree to provide accurate, current, and complete information and to keep your account details up to date.
You must not:
- Create accounts for others without permission
- Impersonate another person or entity
- Use offensive, misleading, or unlawful usernames
Hyper may refuse, suspend, or terminate accounts at its discretion.
3.2 Security
You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
You must notify Hyper promptly of any unauthorised use or security breach.
4. Privacy
Your use of the Services is subject to the Hyper Privacy Policy, which explains how we collect, use, store, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
5. Content and User Submissions
5.1 Your Content
You retain ownership of the content you create, upload, post, or share through the Services (“User Content”).
You are solely responsible for your User Content and for ensuring it complies with:
- These Terms
- The Hyper Photo & Content Guidelines
- The Hyper Acceptable Use Policy
- Applicable laws and regulations
5.2 Licence to Hyper
By submitting User Content, you grant Hyper a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, display, distribute, and otherwise use your User Content solely for:
- Operating and improving the Services
- Displaying content to other users based on your visibility settings
- Moderation, safety, and legal compliance
- Promoting the Services (e.g. showcasing public content)
You can remove your User Content at any time, subject to technical and legal limitations.
5.3 Visibility Controls
Hyper allows you to control the visibility of check-ins and certain content (Public, Followers, Private). You are responsible for choosing appropriate visibility settings.
6. Platform Rules and Acceptable Use
Your use of the Services is subject to:
- The Hyper Acceptable Use Policy
- The Hyper Photo & Content Guidelines
These documents are incorporated by reference and form part of these Terms.
Failure to comply may result in enforcement action, including suspension or termination.
7. Location and Check-Ins
Hyper supports check-ins, not live location tracking.
- Check-ins represent a moment in time
- You may disable presence or set check-ins to Private
- Hyper does not guarantee accuracy or timeliness of location data
You must not use location features to stalk, harass, or endanger others.
8. Places, Venues, and Listings
8.1 Place Information
Place listings may be created or sourced from third parties. Hyper does not guarantee accuracy, completeness, or availability of place information.
8.2 No Endorsement
Hyper does not endorse, operate, or control venues, businesses, or events listed on the Services.
Any interactions with places (including purchases, bookings, or visits) are solely between you and the place.
9. Payments and Commerce (Future Features)
9.1 Payments Disabled at Launch
Payments and commerce features are disabled at launch.
9.2 Future Enablement
If payments are enabled in the future:
- They will initially apply to places and venues only
- Hyper may use third-party payment processors
- Additional terms may apply
Hyper will not be responsible for goods or services provided by places unless expressly stated.
10. Third-Party Services
The Services may link to or integrate with third-party services. Your use of those services is governed by their terms and policies.
Hyper is not responsible for third-party content, services, or availability.
11. Suspension and Termination
Hyper may suspend or terminate your access to the Services at any time if:
- You violate these Terms or incorporated policies
- Your use creates risk or harm
- We are required to do so by law
You may stop using the Services at any time. Termination does not affect accrued rights or obligations.
12. Disclaimers
To the maximum extent permitted by law:
- The Services are provided “as is” and “as available”
- Hyper does not guarantee uninterrupted or error-free operation
- Hyper does not guarantee accuracy of content, places, or user activity
Nothing in these Terms excludes or limits rights you may have under the Australian Consumer Law.
13. Limitation of Liability
To the maximum extent permitted by law:
- Hyper is not liable for indirect, incidental, or consequential loss
- Hyper’s total liability arising from the Services is limited to the greater of:
* AUD $100, or
* The amount you paid to Hyper in the preceding 12 months (if any)
This limitation does not apply to liability that cannot be excluded under law.
14. Indemnity
You agree to indemnify and hold harmless Hyper from claims, losses, damages, and expenses arising from:
- Your use of the Services
- Your User Content
- Your breach of these Terms
15. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia.
You and Hyper submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be notified via the Services or other reasonable means.
Continued use of the Services after changes take effect constitutes acceptance.
17. Miscellaneous
- These Terms are the entire agreement between you and Hyper
- If any provision is unenforceable, the remainder remains in effect
- Hyper may assign these Terms without notice
- You may not assign these Terms without our consent
18. Contact
Contact details will be published within the app and on the Hyper website.