Terms of Service – HyperFlow
Effective from: 1st July 2019.
§1 SERVICE PROVIDER
1. The provider of the service available at https://hyperflow.eu (the “Service Platform”) is Machine Mind Ltd, with its registered office at 35 Follager Road, CV21 2JF Rugby, United Kingdom, a private limited company legally registered in England and Wales (company number 11731290) in the register kept by Companies House UK.
You can contact the Service Provider by:
- email: office@machinemind.ltd,
- telephone: +44 744 76 75 934 (the cost of the call is charged according to your operator’s international call price list),
- the Service Platform after registration and login.
2. By using the service as a Customer, you accept these Regulations. The Service Provider reserves the right to amend these Regulations for important reasons, in particular for technical reasons related to providing services electronically and to bring the Regulations into compliance with the law, of which it will inform Customers by email 30 days in advance.
§2 TYPES AND SCOPE OF SERVICES
1. The Service Provider provides services via the Service Platform within the scope described in the Shop – Service Platform tab.
2. Individual services (also referred to as services or modules) may have their own regulations that supplement these Regulations.
3. The regulations of individual services are presented in the Service Platform Store tab after selecting the service details and directly before ordering the service.
4. In the event of a conflict between these Regulations and the regulations of an individual service, the regulations of the individual service prevail.
5. The Service Provider provides services only to entrepreneurs, that is, natural or legal persons conducting business in the European Union and in countries associated with the EU, namely Iceland, Liechtenstein, Norway and Switzerland.
§3 CUSTOMER ACCOUNT (MAIN USER ACCOUNT)
1. To order services as a Customer (including free test services), a Customer Account on the Service Platform is required.
2. The Customer Account is registered by completing the form available at: https://hyperflow.eu/client/_register.
3. The Customer Account registration form contains the billing data necessary to issue an invoice for services ordered in the future, as well as the Master User’s personal data (the email address used as login, contact name and password).
4. The Main User’s account is an integral part of the Customer’s account and allows the Customer Account to be managed (ordering services, changing personal data and password) and the Platform’s services to be used on a regular basis.
5. To log in to the Platform, use the main user’s email address.
6. Registration of the Customer Account (including the User’s Main Account) and its maintenance are free of charge.
7. The Service Provider reserves the right to delete the Customer Account if the Customer has no active service for 30 days.
8. The Customer is responsible for the accuracy of the data provided in the Customer Account registration form and declares that they are authorised to represent the company whose data they provided in the registration form.
9. The Customer may have only one active Customer Account.
10. The Service Provider reserves the right to verify the data provided in the Customer Account registration form and to reject the registration and refuse to provide services if any of the following occurs:
- the data provided by the Customer are false,
- the data provided by the Customer belong to an entity that is not active in the EU or in countries associated with the EU,
- the registration was made by a person who has no right to represent the entity,
- an attempt was made to create more than one Customer Account for the same entity.
§4 ACTIVATING THE SERVICE
1. After successfully creating the Customer Account, the Customer may order services by selecting an item from the catalogue of available services in the Shop tab, after logging in with the Main User’s access data (email and password).
2. The service order is activated after the Customer has made the payment in advance. This does not apply to services available free of charge (Test Services).
3. Activation of the service takes up to 24 hours from the time of payment.
4. Payment is understood as the receipt of funds by the Service Provider on its bank account or confirmation from the payment agent (PayPal.com, Stripe.com), depending on the payment channel.
5. Payment for ordered services is made using the Orders tab.
6. The current status of services, validity dates and other service parameters are presented in the My services tab.
§5 PRICES AND PAYMENT
1. Depending on the nature of the service, it may be offered under one of two options:
- Time access – the service is available for a period expressed in days, e.g. “Access for 30 days”, and billed for that period,
- Quantitative access – expressed as the number of requests to the service, e.g. 30 requests to the PEP list, settled according to the purchased Quantity packages.
2. The request balance for a given service is the number of requests available (purchased and unused) to the Customer for that service only.
3. The Customer has the right to extend the service at any time in accordance with the current price list.
4. All contracts are concluded for an indefinite period, without any obligation to renew for subsequent periods, unless the detailed offer concerns a fixed-term contract.
5. In the case of Quantitative Access, the definition of “requests to the service” and the specific conditions, e.g. the validity period of the quantitative package, are specified in the regulations of the individual service.
6. Services ordered but not active may be cancelled free of charge at any time using the Platform – Orders tab.
7. Services ordered and active are non-refundable.
§6 PRIVACY
1. The Service Provider ensures the privacy of the data processed for Customers.
2. The Customer agrees to the processing of the personal data contained in the registration form (the Main User’s data, used for logging in) by the Service Provider to the extent necessary to perform the contract.
3. If the service is paid for using payment intermediaries, the Customer agrees to the disclosure of personal data to the payment intermediaries (e.g. PayPal.com or Stripe.com) solely for the purpose of processing the payment.
4. If the services are purchased through a third party (the list of official distributors), the Customer agrees to the disclosure of personal data to the distributors solely for the purpose of issuing payment documents by the Distributor (proforma, VAT invoice) and processing the payment.
5. The current list of official software distributors is available at: http://machinemind.ltd/distributors/
6. The Customer has the right to access, modify and delete their personal data from the Service Provider’s database at any time, free of charge.
7. Detailed privacy and data protection principles, including the Cookies Policy, are described in the HyperFlow Privacy Policy.
§7 OBLIGATIONS OF THE SERVICE PROVIDER
1. The Service Provider provides the Customer with access to the Service Platform 24 hours a day, seven days a week.
2. The Service Provider reserves the right to short interruptions in the operation of the service resulting from periodic system maintenance (updating) or caused by unforeseeable situations (natural disasters, international link failures, DDoS attacks, etc.).
3. In the event of a planned interruption in the operation of the services, the Service Provider will inform all Customers of this fact in advance, provided that the interruption was foreseeable.
4. The Service Provider may refuse to provide services to the Customer in the event of a breach of the rules set out in these Regulations.
5. If the service is unavailable due to the Service Provider’s fault for more than 24 hours, the Service Provider undertakes to extend the service period free of charge or to grant additional requests free of charge, in the amount specified in the regulations of the specific services.
6. The Service Provider undertakes to remove defects as soon as possible.
§8 OBLIGATIONS OF THE CUSTOMER
1. All Customers are obliged to comply with the law of the United Kingdom and the European Union and with the contractual rules for using the Internet.
2. The Customer is obliged to use the Service Platform only for their own use, in connection with their business activity.
3. The Customer may not, without the consent of the Service Provider, make the Platform’s resources available to third parties and entities, in particular for the purpose of reselling the services.
4. The Customer may not use tools that automate work in the Service Platform’s graphical environment (this does not apply to API access), such as bots, macros or scripts simulating the operation of a web browser.
5. The Customer is obliged to use the API mechanisms in a way that does not affect the stability of the entire Service Platform system, and to adhere to the technical recommendations provided by the Service Provider, e.g. the maximum frequency of API requests per second. The parameters recommended for each service are specified in the regulations of the individual services.
6. It is the Customer’s responsibility to keep the contact details saved in the My data tab up to date.
7. The Service Provider reserves the right to suspend the service without refunding the fee incurred for using it if the Customer repeatedly violates the provisions of these Regulations, despite previous reminders from the Service Provider.
§9 EXCLUSIONS OF LIABILITY
1. The Service Provider excludes all liability for any damage (including direct or indirect damage consisting of bodily injury or health disorder, damage due to loss of profits related to running a business, damage resulting from business interruptions or loss of business information, and other exceptional losses) arising from the use of, or inability to use, the Service Platform, even if the Service Provider has been notified of the possibility of such damage.
2. The total liability of the Service Provider under any provision of these Regulations is in any case limited to the amount of money the Customer actually paid to the Service Provider for the services.
§10 TERMINATION OF THE CONTRACT AND DELETION OF A CUSTOMER’S ACCOUNT
1. The contract expires automatically upon non-payment for the next accounting period (for services with time access) and after the quantitative package has been used up (for quantitative access). The service becomes inactive.
2. A service contract may be terminated at any time by agreement of the parties.
3. The Customer may delete the Customer Account at any time (My data / Delete account tab).
4. Deletion of the Customer’s account by the Customer must be confirmed with an activation code sent to the main billing email address provided during registration, and results in the immediate termination by the Customer of all contracts for services provided within the Platform, which means that:
- all data generated by the Customer and stored within the Platform, which the Service Provider is not obliged to store, are permanently deleted,
- all purchased quantitative packages are reset, with no right to reimbursement for unused requests,
- all purchased services with time access expire on the date of deletion of the Customer Account, with no right to reimbursement of costs incurred for the unused time remaining until the end of the billing period.
§11 COMPLAINTS
1. A complaint made by the Customer in connection with the non-performance or improper performance of the service must be submitted in writing or electronically and must specify:
- the Customer, in a way that allows them to be identified and a reply to be provided,
- the name and type of the service to which the complaint relates,
- the reason for the complaint.
2. The Customer may submit complaints:
- by email to: office@machinemind.ltd,
- by traditional registered mail to the address of the Service Provider.
3. The Service Provider will consider the complaint within 14 days of its receipt and will then send the Customer a reply indicating how the complaint was resolved and the reasons for that decision.
4. The reply to the complaint will be provided in the same form in which the complaint was submitted.
§12 INVOICING
1. The invoice for the service will be issued by the Service Provider in the month in which the service is activated and will be available for download in PDF format via the Service Platform – My invoices tab.
2. The Service Provider declares that it is not a VAT payer.
3. The prices for services shown on the invoice will be expressed in GBP – Pound Sterling.
§13 FINAL PROVISIONS
1. The applicable law shall apply to the contract between the Service Provider and the Customer.
2. Information on products, specifications and illustrations contained on the Service Provider’s pages was compiled on the basis of the most up-to-date information available at the time of publication.
3. Copyrights, including all materials and their layout on the Service Provider’s websites, are legally protected and constitute intellectual property. Copying for commercial purposes, distribution, modification and publication without the written consent of the Service Provider are prohibited.
Some elements of the Service Provider’s websites are owned by third parties and are protected by copyrights belonging to those entities.
4. Any disputes arising from the performance of this contract shall be submitted to and resolved by the court competent for the Service Provider’s registered office.
Terms of Service for individual modules
In addition to these general Regulations, the individual modules of the Hyperflow Platform are covered by their own terms of service, which supplement the provisions above: