Terms of Use

1. Introduction

client.hypewired.com (hereinafter "Service") is an innovative online solution that empowers you with a detailed website promotion action plan and provides a set of professional SEO tools to track your SEO efforts.

The Service is located at https://client.hypewired.com (hereinafter "Service Website") and is operated by client.hypewired.com (hereinafter "client.hypewired.com", "we" or "us").

For the purposes of these Terms of Service (hereinafter "Terms", "Agreement") "you" and "your" shall mean an individual or a legal entity that is eligible to be bound by these Terms.

2. Legal Agreement

client.hypewired.com provides its services to users subject to these Terms. Please read these Terms carefully. By completing the registration process on the Service Website you are stating that you are eligible for a user account.

By accepting these Terms or by using the Service, you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you should leave the Service Website and discontinue using the Service immediately.

If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and client.hypewired.com for violations of these Terms.

We reserve the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the Service Website located at https://client.hypewired.com. You agree to be bound to any changes of these Terms when you use the Service after any such modification is posted. It is therefore important that you review these Terms each time you make a purchase in the Service to understand the terms and conditions that apply to your use of the Service.

Unless explicitly stated otherwise, any new features that augment or enhance the currently offered Services, including the release of new client.hypewired.com services, shall be subject to this Terms.

client.hypewired.com hereby grants you permission to use the Services and the Website solely as set forth in this Agreement and in the manner set forth on the Website. In the event of any conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Services other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your use privileges in our sole discretion.

3. Registration

To start using the Service you need to register on the Service Website providing your email address and password. The provided email address and password are used to create your Service account and let you sign in to the Service Website. You can also sign in to the Service Website using OAuth, Facebook Connect or OpenID if you have any.

You agree to provide accurate and current information about yourself as may be prompted by the registration form on the Service Website, maintain the security of your password and accept all risks of unauthorized access to your password. You agree that you shall be solely responsible to Service for all activities that occur under your account.

4. Grant of Right to Use

Subject to these Terms client.hypewired.com grants to you a limited, revocable, non-exclusive right to use the Service solely as provided in your service plan. The scope of permitted report runs, keywords, search engines, etc. depends on your service plan. You may use the Service during the subscription period, provided you have paid and continue to pay the subscription fees, if applicable.

We hereby acknowledge, without limitation of the above said, your right and ownership to the data contained in the Service reports. During the usage period client.hypewired.com shall grant to you the right to:

reproduce, copy, modify, adapt, translate and otherwise create derivative works of the Service reports,
transmit and/or publish the Service reports,
remove or place your own logos or brands on the Service reports, if applicable.

The granted right shall terminate immediately when you fail to comply with these Terms.

All the rights to the translations of the Service interface are owned by client.hypewired.com. By translating the Service interface with the inbuilt translating tool, you agree to allow others to use your translation.

The content of this website belongs to client.hypewired.com and may not be copied, reproduced, or redistributed in any way.

5. Terms of Payment

The Service is provided to registered users based on a selected subscription to a paid Service Plan. When users upgrade from a Free Trial to any paid Service Plan, they agree to pay all applicable fees, including one-time or recurring fees incurred in connection with the projects of the Service account at the prices effective at the time a subscription is bought.

6. Confidentiality

client.hypewired.com shall never share your Service reports and any other information related to your projects in the Service account with third parties or with other business units of client.hypewired.com without your prior written consent, except for the purpose of performing client.hypewired.com obligations under these Terms or if required by law, regulation, or court order. If so forced, we agree to give you as much notice as is reasonably practicable prior to disclosing such information. The privacy of the Service users is very important to client.hypewired.com, therefore the use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.

7. Ownership and intellectual property

You acknowledge and agree that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, data base rights as well as moral rights, know-how and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in the Services, the platform used to provide the Services (technology, hardware, software etc.), any code or software (SDK, API etc.) which may be provided to you or for your use under this Terms and any work products created and/or delivered herein and related documentation (forming the Service Website and Service) are and will remain solely and exclusively our property and/or the property of client.hypewired.com. You are granted no title or ownership rights in the Service Website or Service. Your right to use the Website, Service and any part thereof is strictly limited to the provisions of this Terms and we reserve all rights not expressly granted herein.

8. Disclaimer

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, SERVICE AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SERVICE AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. SERVICE AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation on liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, SERVICE AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING FROM YOUR USE OF THE SERVICE, EVEN IF SERVICE AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR CLIENT.HYPEWIRED.COM TO PROVIDE THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SERVICE AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS' AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED US DOLLARS ($500). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SERVICE AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SERVICE AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, REGARDLESS OF THE CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Termination

The Service users may terminate these Terms at any time by sending a notice to client.hypewired.com.

client.hypewired.com may terminate these Terms if client.hypewired.com finds that a user has repeatedly violated these Terms. The termination shall be effective immediately or as may be specified in the notice.

Upon notification of termination by either party, a user must cease using the Service.

11. General

These Terms shall be governed by and construed in accordance with the laws of England and Wales without regard to conflict of laws principles. Any action relating to these Terms must be brought in the state courts located in London, England and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum.

The Terms constitute the entire agreement between you and client.hypewired.com and govern your use of the Service, superseding any prior agreements between you and client.hypewired.com. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

By using the Service, you agree to receive occasional emails from client.hypewired.com. These emails shall include notices about your account and information concerning or related to the Service. These emails shall be a part of your relationship with client.hypewired.com. You agree that any notice, agreements, disclosure or other communications that client.hypewired.com sends to you electronically shall satisfy any legal communication requirements.

You may not assign these Terms to anyone, and any assignment of these Terms by you will be null and void.

The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect.

If you have any questions or comments about these Terms, please contact us at tony.gilbert@hypewired.com.