Terms and Conditions

By accepting this agreement, accessing our website or using our services, you are agreeing to the terms and conditions of this agreement. If you are using any of our services as an employee or consultant then you warrant that you have the authority to accept this agreement on behalf of the entity you represent. The rights granted under this agreement are conditional upon acceptance by such authorised employee or consultant.

Modifications to this Agreement:

Hyperface may often modify this Agreement. Unless otherwise updated on our website, such changes become effective for our customers. Hyperface will use reasonable efforts to notify you of the changes through communications via customer accounts, email or any other accessible means.

The “Effective Date” of this Agreement is the earlier date of following:

• Your initial access to any service through online provisioning, registration or order process.
• The date of the first service Order form.

This Agreement will govern your initial purchase on the Effective Date as well as any future purchases.

This Agreement is entered between Hyperface Technologies Pte Ltd, a Singapore Incorporation (“Hyperface” or “Provider” or “We”) and the person/entity placing an order for or accessing the Service (“Customer” or “you”). Both parties agree as follow:

1. Provision of Service

We will make sure that the services and software are made available to you in accordance with this Agreement, the additional Agreement Terms (wherever applicable), the applicable Statement of Work and the Documentation. Additionally, we will provide such services in accordance with this Agreement, the Privacy Policy, relevant laws and government regulations. During the service term, we grant you a limited, non-exclusive right to access and use the services and software. This is warranted only for internal business purposes in connection with the authorized use.

2. Responsibilities of Customers‍

a. Customer Account

‍You may need to register for an Account in order to place orders or access our services. Please keep such account information current, accurate and complete so that Hyperface can send you notices, statements and other information. This is usually done via email or through your account, on which notifications will be subject to this Agreement and the Privacy Policy. You are responsible for maintaining confidentiality of your login credentials. You agree to notifying Hyperface in case of any loss, misuse, or unauthorized disclosure of such login information. Hyperface and its affiliates will not be liable for any damage or loss that may result from any breach of your obligations.

b. Use Restrictions

You agree not to use Hyperface technology to:

• Process data on behalf of any third party other than your users and end users.
• Send unsolicited communications, junk mail, spam, or other forms of duplicative or unsolicited messages in violation of any laws.
• Engage in unlawful conduct, including violation of any person’s privacy or publicity rights.
• Store or transmit any content that infringes upon any third party’s intellectual property rights.
• Interfere with or disrupt the integrity or performance of our services and their components.
• Post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, defamatory, obscene or discriminatory.
• Post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other kind of harmful software.
• Track cookies, ad exchanges, ad networks, data brokerages or send electronic communications in violation of applicable laws.
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare or otherwise commercially exploit or make Hyperface technology available to any third party other than your users and end users. Even so, only in furtherance of your business in accordance with this Agreement or any subsequent agreements.
• Modify, adapt, or hack or attempt to gain unauthorized access to Hyperface technology, its related systems or networks.
• Falsely imply any sponsorship or association with Hyperface.
• Decompile, reverse engineer, disassemble, reproduce, copy or otherwise access or discover the source code to the underlying program of any portion of Hyperface technology. You alone are responsible for making sure that your use of our technology is compliant with all applicable laws and regulations.

3. Customer Data

‍Customers and their licensors retain all right, title and interest (including intellectual property rights) to the customer data and any modifications made in the course of our operations. Subject to the terms of this Agreement, you hereby grant Hyperface and its Affiliates a non-exclusive, worldwide, royalty-free right to process your data solely to the extent necessary to provide services, software, mobile apps and perform other related obligations. You are solely responsible for the accuracy, content and legality of all your data. You confirm that you have sufficient right over such data to consequently grant such right to Hyperface.

4. Intellectual Property

a. Ownership Rights

‍Customer data procured via accessing our website and the use of Hyperface services is customer’s confidential information under this Agreement. You and your licensors retain all right, title and interest in all of the customer’s confidential information provided under this Agreement. In so, Hyperface obtains no rights except for the ones granted in the Agreement and the Privacy Policy. Hyperface and its licensors retain all right, title, and interest in and to Hyperface technology. You acknowledge that the services are offered as online, hosted solutions. You have no right to obtain a copy of the underlying computer code for any services, except (if applicable) for any downloadable software, in object code format. Hyperface may freely use and incorporate suggestions, enhancement requests, recommendations, corrections, or other feedback provided by users and end users, into its products and services. Feedback and any other suggestions are provided with your sole discretion.


b. Usage Data

Usage Data includes query logs and any data (other than Customer data) relating to the operation, support and/or about your use of the services, software, website or Hyperface APIs.
We may collect and use usage data to develop, improve, support, and operate its products and services. We will not share such usage data that includes any confidential information with a third party except:

• in accordance with Section 7 of this document.
• to the extent the usage data is aggregated and anonymized such that users and end users cannot be identified.
  We may use feedback and customer data to provide reports on usage/implementation of the service. The same could even be required for Hyperface’s product development.

c. Updates

We may update the services and software occasionally. Such updates are subject to the Agreement between both parties. You will receive notifications of such updates. You agree that purchase of our services and software is neither contingent upon the promise of any future functionality or features, nor dependent upon any oral or written comments made by Hyperface.

d. Other Services

Certain other services, such as third-party applications, if made available to customers through Hyperface are governed separately by the third party provider’s terms and conditions and privacy policies that accompany them. By enabling third party services, you understand and accept that Hyperface is neither responsible for your use of these services, nor does it provide any warranties regarding these services. Hyperface is not liable for any damage or loss caused by or in connection with your enablement of any such services. Additionally, for your reliance on such separate privacy practices, data security processes or other policies of such third party services. You understand that we are neither responsible for providing technical support for such services nor for the data hosting and data transfer practices followed by them.

5. Term, Termination

a. Term

‍These Terms and Conditions of Service are effective as of the Effective Date and will continue through the then-current term, unless requested for termination as per Hyperface’s discretion.

b. Hyperface reserves the right to terminate services provided to consumers in the event of breach of agreement or non-payment for services.

6. Confidentiality

Each party will protect the other’s confidential information from unauthorized access, use or disclosure in the same manner as it protects its own confidential information. Unless otherwise allowed by this Agreement, please use any confidential information exchanged just for the work under this agreement and not for anything else. Only authorised people can use the confidential information, no one else can.


Once this agreement comes into effect, we can ignore any NDAs which have been previously signed. Although you would disclose the confidential information under legal obligations, you shall inform the other person of the action that you are taking. Distribution of confidential information causes more damage than just financial loss. Hence the disclosing party would have the right to seek relief over and above what the law mandates.

7. Warranties/Disclaimer of Warranties

a. Service Warranty

‍Hyperface warrants that the services, software or mobile apps will perform in all material respects. In accordance with the documentation, we will make all efforts to correct the services, software and mobile apps so that the aforementioned warranty is met. This warranty will not apply if the error or non-conformance was caused by a breach of the Agreement or any misuse, modifications to such services, software or mobile apps by anyone other than Hyperface or its representatives. It applies in case of third-party hardware, software, or services used in connection with Hyperface, too.‍

b. Malware Warranty

‍Hyperface warrants that the services hosted by Hyperface will be monitored using commercially available means to attempt to detect and prevent the introduction of any computer instructions, circuitry or other technology. The purpose or effect of which is to disrupt, damage or interfere with the authorized use or access to the computer and communications facilities of Hyperface or its Customer. This includes any code containing viruses, Trojan horses, worms, backdoors, trapdoors, time-out devices or similar destructive or harmful code or code that self-replicates (collectively, “Malicious Software”).
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c. Warranty Disclaimer

‍Subject to this Agreement, neither party makes any warranties. All such warranties are hereby rejected, including warranties of merchantability, title, fitness or non-infringement.

8. Limitation of Liability

Subject to the applicable laws and subject to this Agreement, in no event are we liable for special, incidental, direct, indirect or consequential damages. These include downtime costs, loss of data, restoration costs, lost profits or cost of cover. This clause remains relevant irrespective of whether such claims are based on contract, tort, warranty or any such legal theory.

9. Indemnification

• The Customer agrees to indemnify, defend, and hold harmless Hyperface and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to any third-party claims resulting from the Customer’s use of the services in violation of the terms of this Agreement.
• This indemnification includes, but is not limited to, claims related to intellectual property infringement, data breaches, misuse of the services, violation of privacy rights, or any unlawful conduct by the Customer or its users.
• This indemnification clause shall survive the termination or expiration of this Agreement.

10. Miscellaneous

a. Use of Third Parties for Payment Processing

‍We may use a third-party service provider to manage payments processing provided that such service provider is not permitted to store, retain, or use our customer’s payment information except to process payment information for Hyperface.


b. Assignment

‍Neither party may assign any of their rights or obligations, whether by law or otherwise, without the other party’s prior written consent. However, either party may assign this Agreement in its entirety without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of its assets. Any attempted assignment in violation of this section will be considered void.

c. Entire Agreement

This Agreement, with any additional documentation constitutes the entire agreement and supersedes any and all prior agreements or communications between Customers and Hyperface. In the event of a conflict between this Agreement, the Privacy Policy, the Supplemental Terms/Agreements and/or purchase order, the order of precedence will be

• the Privacy Policy
• the Agreement between parties
• the Supplemental Terms
• this Terms and Conditions of Service.

If any provision in this Agreement is rendered unenforceable by any competent court, such provision will be modified by the court and interpreted in order to retain the original provision. The remaining provisions remain in effect.
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d. Publicity Rights

We may identify you as a Hyperface customer in promotional material. You can request otherwise by submitting an email at hello@hyperface.co.

Please note that it may take us up to 60 days to process a request.

e. Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.

f. Notices

‍All notices served by one party to the other under this Agreement may be delivered in writing by

• nationally recognized overnight delivery service or post to the mailing address provided on the Agreement.
• electronic mail to the email address provided for Customer’s Account.

The address for a notice to Hyperface is:

No 19, KMJ Ascend, KHB Colony,  Koramangala 5th Block, Bengaluru 560 095

A copy should be sent to legal@hyperface.co.  If we correspond via email, we assume that you receive it immediately. Otherwise, if a post/courier service is used, then we will assume that it has been delivered within five days of dispatch.

g. Anti-Corruption

Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or anything of value from an employee or an agent regarding this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.

h. Force Majeure

Neither party is liable to the other for any delay/failure to perform any obligation under this Agreement provided that it results from any cause beyond such party’s control. Such causes include acts of God, acts of government, acts of terror or civil unrest, internet failures, acts undertaken by third parties not under the performing party’s control, including, denial of service attacks (“Force Majeure event”). If a Force Majeure event continues for a period of 30 consecutive days, the other party can terminate this Agreement with written notice to the non-performing party. If Hyperface is the party experiencing the Force Majeure event and is thus unable to provide services, software or mobile apps for the period noted, the customer terminates this Agreement and all supplemental documents

i. Governing Law

This Agreement is governed by the laws of India without regard to conflict of laws principles. For any claims or disputes relating to this Agreement, the parties are meant to submit to the exclusive personal jurisdiction of the state courts of the State of Bangalore, Karnataka.

j. Dispute Resolution

Any dispute, claim or controversy relating to this Agreement [including the breach, termination, enforcement, interpretation, or validity thereof, the determination of the scope of applicability of this Agreement] will be determined by arbitration in Bangalore, Karnataka. The arbitration will be administered in accordance with arbitration rules and procedures of Indian Arbitration and Conciliation Act, 2013. Judgment on the award may be entered in any court having jurisdiction. This section will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.


11. Definitions

“Account” means any account or instances created by or on behalf of a Customer for access to and use of any of the services.

“Affiliate” or “Subsidiary” means, with respect to a party to this Agreement, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.

“Confidential Information” means all information disclosed by one party to the other party, orally, in writing or electronically, that is designated as “confidential” or which a reasonable person should understand to be confidential given the nature of the information and circumstances of disclosure. Confidential information does not include any information that:‍

• was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party.
• becomes publicly known and made generally available through no action or inaction of the receiving party.
• is already in the possession of the receiving party at the time of disclosure by the disclosing party.
• is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality
• is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information.

“Customer Data” means, all electronic data, text, messages or other materials, including, without limitation, personal data of users and end users, submitted to the services by Customer or its users through the website or by dropping a mail directly to the company.


“Documentation” means, the then-current, generally available user documentation provided by Hyperface detailing the functionalities of the software and services.

“End User” means, any person or entity other than Customer with whom Customer interacts using the services.

“Hyperface Technology” means

• The services, software, mobile apps, documentation, Hyperfaces’ APIs, Hyperface’ website and any content published on the Hyperface’ websites.
• Any training materials, supporting materials, templates, tools, methodologies or know-how.
• Hyperface’s confidential information
• Any modifications or derivative works of the foregoing.

“Mobile Apps” mean, the Hyperface-branded software applications provided to enable access and use of services through mobile or other handheld devices (such as apps on iOS or Android devices).

“Personal Data” means, data relating to an individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (as defined under applicable data protection laws).

‘Privacy Policy” means, Hyperface’ privacy notice that is updated from time to time.
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• Any service order referencing this Agreement and executed by Customer and Hyperface
• Any online ordering document or process completed by Customer, including any online registration through a Website, each of which detail the services subscribed to and corresponding service plans, the number of users authorized to use the services, the applicable term, and any relevant additional terms and conditions.

Agreement, supplemental documents” means:

‘Services’  mean, the Hyperface software-based service offerings identified on the Agreement and any updates, including any software, API or documentation made available by Hyperface with such offering. It excludes any applications or APIs separately provided by third parties.

“Update” means, the generally available updates, upgrades, hot fixes, patches, workarounds to the software or service provided by Hyperface to all subscribing customers, but excludes separately priced new products or modules.