Terms of Service

These Terms of Service ("Terms") govern your access to and use of the HypeUp software-as-a-service platform ("HypeUp" or the "Platform"), operated by HypeUp at https://www.hypeup.pk.

By creating an account, accessing, or using HypeUp in any way, you agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with any part of these Terms, you must not create an account or use HypeUp.

These Terms apply to all users of the Platform, including merchants, business owners, store operators, account users, authorized team members, and any other person or entity that accesses or uses HypeUp.

For the purposes of these Terms, the following capitalized terms have the meanings set out below:

• "HypeUp" or "the Platform" means the software-as-a-service platform, including the website, mobile applications, tools, features, and related services operated at https://www.hypeup.pk.
• "Merchant" means a business, company, or individual that creates an account and uses HypeUp to operate an online store and manage business operations.
• "Store" means the public-facing online storefront that a Merchant creates and operates using HypeUp.
• "User" means any person who accesses or uses the Platform, including Merchants, authorized team members, and visitors.
• "Customer" means an individual who purchases goods or services from a Merchant's Store.
• "Content" means any text, data, images, files, or other material submitted, uploaded, or made available through the Platform.
• "Merchant Content" means Content submitted, uploaded, configured, or managed by a Merchant, including product information, store content, images, descriptions, and business details.
• "Services" means the software, features, functionality, and services made available through the Platform.
• "Subscription" or "Plan" means the free or paid plan under which a Merchant uses the Services.
• "AI Features" means any artificial-intelligence-assisted functionality made available through the Platform, such as AI-generated content or AI assistants.
• "Third-Party Services" means services, integrations, or products provided by parties other than HypeUp and made available through or in connection with the Platform.

You must be at least 15 years old to create an account or use HypeUp. By creating an account or using the Platform, you represent that you meet this age requirement.

Additional legal requirements may apply depending on your jurisdiction, including requirements relating to age, consent, and lawful business operation. You are responsible for ensuring that you have the legal capacity required under applicable law.

If you use HypeUp on behalf of a business, company, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms.

When you create an account, you agree to provide accurate, current, and complete information and to keep your account information up to date. You must not create an account under false pretenses or misrepresent your identity.

You are responsible for safeguarding your account credentials, including your password, and for all activity that occurs under your account. You must not share your credentials with unauthorized persons and must take reasonable steps to keep them confidential.

You must notify HypeUp promptly if you suspect any unauthorized access to or use of your account. HypeUp may require email verification, security checks, or other measures to protect your account and the Platform.

HypeUp stores passwords using secure, industry-standard hashing methods. HypeUp does not have access to your plaintext password and will never ask you to reveal it.

HypeUp provides a multi-tenant SaaS platform that enables Merchants to build and manage online stores and run business operations. Depending on the Plan selected, the Services may include:

• An AI-powered website and store builder.
• An online storefront for selling products and services.
• Point of sale (POS) functionality.
• Inventory and stock management.
• Order management and order processing.
• Customer management and communication tools.
• Analytics and reporting.
• WhatsApp order integration features.
• Industry-specific modules.
• AI-assisted features.
• Other business tools made available through the Platform.

The features and capabilities available to you depend on your selected Subscription or Plan, and may vary between free and paid plans.

HypeUp may modify, improve, add, or remove features and functionality over time, subject to these Terms and applicable law. HypeUp will use reasonable efforts to notify you of significant changes where appropriate.

As a Merchant, you are solely responsible for your business and for the operation of your Store, including the accuracy of your business information, products, pricing, inventory, and store content.

You are responsible for complying with all applicable laws and regulations relating to your business, including those governing taxes, shipping, delivery, product legality, advertising, and customer communications. You are responsible for establishing and communicating your own store policies, including return and refund policies.

HypeUp is a technology platform and does not operate the Merchant's underlying business. HypeUp does not act as a seller, reseller, or intermediary in transactions between a Merchant and its Customers, and is not responsible for the goods or services a Merchant sells.

Merchants are responsible for their product listings, including descriptions, prices, images, stock availability, and all other business content displayed in their Store. Merchants are responsible for order fulfillment, refunds, cancellations, and customer service.

HypeUp does not guarantee that a Merchant's products or services are lawful, safe, accurate, or available, and HypeUp does not independently verify Merchant Content.

Merchants must not list or offer prohibited, illegal, or unsafe products or services, and must comply with all applicable laws regarding the products and services they sell.

Merchants may enter, store, and manage information about their Customers, such as names, contact details, delivery addresses, and order histories, through the Services.

The Merchant is responsible for such Customer Data, including its lawful collection, appropriate permissions and consent, privacy notices, lawful use, accuracy, and handling of Customer requests.

HypeUp provides technology for managing this information on the Merchant's behalf. Customer Data belongs to the Merchant, not HypeUp. Merchants should review the HypeUp Privacy Policy for information about how data is processed.

HypeUp may provide AI-powered features that generate content such as product descriptions, store content, marketing material, and other business content, as well as AI assistants that respond to user input.

AI output can be inaccurate, incomplete, or inappropriate for your particular use. You are responsible for reviewing and verifying any AI-generated content before using or publishing it.

HypeUp does not guarantee the accuracy, originality, completeness, or suitability of AI-generated output for any particular purpose. You are solely responsible for decisions you make based on AI-generated content.

You agree not to use HypeUp in any manner that is unlawful, harmful, or contrary to these Terms. Prohibited activities include, without limitation:

• Engaging in any illegal activity, fraud, scams, phishing, or spam.
• Distributing malware, viruses, or any code designed to harm the Platform or its users.
• Attempting to gain unauthorized access to the Platform, its systems, or other users' accounts.
• Launching security attacks or otherwise attempting to disrupt, overload, or degrade the Platform.
• Abusing APIs, creating accounts through automated means, or creating fake accounts.
• Engaging in payment fraud or unauthorized use of payment instruments.
• Impersonating HypeUp, its staff, or any other person or entity.
• Infringing the intellectual property or other rights of others.
• Collecting personal information unlawfully, or processing personal information without appropriate consent.
• Listing or selling prohibited or illegal goods or services.
• Attempting to bypass Plan limits or abusing free resources beyond intended use.
• Using the Services in a way that threatens the security, integrity, or availability of the Platform.

HypeUp may investigate suspected violations of these Terms and take appropriate action, which may include warning users, suspending or terminating accounts, removing content, and reporting unlawful activity to authorities.

HypeUp provides both free and paid Subscription plans. The Starter plan is free and available indefinitely without a credit card. Paid plans provide additional features and capabilities.

Features, limits, storage, AI usage, product limits, staff limits, and other capabilities may vary by Plan. The specific features and limits associated with each Plan are displayed on the HypeUp pricing page and may be updated from time to time.

HypeUp may change Plan features, limits, or pricing with appropriate notice where required by law or the terms of your Plan.

Pricing for paid Plans is displayed at the time of purchase on the pricing page and during checkout. Paid Plans are billed on the recurring basis selected at purchase.

Subscription payments are processed through our payment processor, Stripe, and are subject to the applicable payment provider's terms. By subscribing, you authorize recurring charges for your selected Plan.

You are responsible for providing and maintaining accurate billing information. If a payment fails or is declined, your subscription may become past due and access to paid features may be limited until the payment is resolved.

Taxes, fees, or other charges may apply where applicable. HypeUp may update pricing for Plans, subject to applicable law and the terms of your Plan.

Payment providers available for certain transactions include JazzCash and Easypaisa, where supported. These providers have their own terms and privacy policies.

You can manage or cancel your paid subscription at any time through the billing portal in your dashboard. Cancellation is effective at the end of the current billing period, and you will retain access to your Plan until that period ends.

If you cancel, your account will revert to the free plan at the end of your billing period, and paid-only features will no longer be available.

HypeUp does not currently provide automatic refunds for paid subscriptions. Refund availability, if any, is determined on a case-by-case basis and subject to applicable law.

This section may be updated as HypeUp finalizes its refund policy. Please contact support for questions about your specific billing situation.

HypeUp integrates with third-party services to provide certain functionality. These may include payment providers, cloud hosting and infrastructure providers, email delivery services, security providers, map services, and AI providers.

Third-party services have their own terms and privacy policies, and we encourage you to review them. HypeUp is not responsible for the operation, availability, or practices of independent third-party services outside its reasonable control.

Your use of any third-party service through HypeUp is subject to that service's own terms, and HypeUp is not a party to any agreement between you and a third-party provider.

The HypeUp platform, including its software, code, branding, user interface, design, trademarks, documentation, and proprietary functionality, is owned by or licensed to HypeUp and is protected by intellectual property laws.

Subject to these Terms, HypeUp grants you a limited, non-exclusive, non-transferable, revocable right to use the Services for your business purposes.

You must not copy, modify, reverse engineer, decompile, resell, reproduce, exploit, scrape, interfere with, or create unauthorized derivative works based on the Platform, except as expressly permitted by these Terms or law.

Merchants retain ownership of the Content they submit to the Platform, including logos, images, product information, store content, descriptions, and business information. HypeUp does not claim ownership of Merchant Content.

By submitting Merchant Content, you grant HypeUp a limited, non-exclusive, worldwide license to host, store, process, display, transmit, and back up such Content solely to provide, operate, and improve the Services and the functionality you request.

This license does not grant HypeUp any right to sell your Content or to use it for purposes unrelated to providing the Services, except as described in the Privacy Policy.

HypeUp may suspend or restrict access to an account if a user violates these Terms, engages in fraud, abuse, or illegal activity, poses a security threat, has unresolved payment issues, or engages in platform abuse or prohibited activity.

For serious security or legal issues, HypeUp may take action without prior notice where appropriate to protect the Platform and its users.

Users whose accounts have been suspended may contact HypeUp support to resolve the issue or understand the reason for suspension.

You may request termination of your account at any time by contacting HypeUp support. HypeUp may also terminate accounts for serious violations of these Terms, fraud, or illegal activity.

Upon termination, your access to the Services may stop, your Store may become unavailable, and certain data may be deleted in accordance with applicable retention policies.

Information that HypeUp is required to retain by law, or for legitimate operational, security, or legal purposes, may be retained after termination. Please review the HypeUp Privacy Policy for more information about data retention and deletion.

HypeUp aims to provide a reliable and available service but does not guarantee uninterrupted availability, zero downtime, or absence of bugs.

The Services may be affected by scheduled maintenance, outages, infrastructure problems, third-party service disruptions, security incidents, or events outside HypeUp's reasonable control. HypeUp will use reasonable efforts to minimize disruption and restore service promptly.

HypeUp uses reasonable technical and organizational measures to protect data, including industry-standard safeguards and access controls.

However, you are responsible for maintaining appropriate copies of critical business information outside the Platform where appropriate. HypeUp does not guarantee unlimited backups or guaranteed data recovery, and you should maintain your own records of important business data.

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

HypeUp does not guarantee business success, sales, revenue, or customer acquisition. HypeUp does not guarantee the accuracy of AI-generated content, uninterrupted service, or the availability of third-party services.

HypeUp makes no warranties regarding the performance, reliability, or results of the Services or any third-party services integrated with the Platform.

To the maximum extent permitted by applicable law, HypeUp shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities, arising from or related to your use of the Services.

To the maximum extent permitted by applicable law, HypeUp's total aggregate liability arising out of or relating to these Terms or your use of the Services shall not exceed the amounts you have paid to HypeUp in the twelve (12) months preceding the event giving rise to the claim.

This limitation of liability is subject to applicable law and does not apply to liability that cannot be limited by law.

To the extent permitted by applicable law, you agree to indemnify and hold harmless HypeUp and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services.
• Your Content or any Merchant Content you submit.
• Your violation of these Terms or applicable law.
• Your violation of the rights of any third party, including intellectual property or privacy rights.
• Your misuse of Customer Data.
• The products or services you sell through your Store.

This indemnification obligation is subject to applicable law and may be limited in jurisdictions where such obligations are restricted.

We encourage you to resolve any questions or concerns informally. If you have a dispute relating to these Terms or the Services, please first contact HypeUp support so that we may attempt to resolve the matter in good faith.

If a dispute cannot be resolved informally, it may be escalated through the appropriate formal legal remedies available under applicable law.

The specific dispute resolution mechanism and venue will be confirmed once HypeUp's legal jurisdiction and entity details are finalized.

These Terms are governed by the laws of the jurisdiction in which HypeUp is established.

The specific governing law and jurisdiction have not yet been finalized and require confirmation by HypeUp's legal and business teams before publication.

HypeUp may continuously develop the Platform and may improve, modify, add, or remove features and functionality over time, including changes to Plans, features, and capabilities.

Where changes materially affect you, HypeUp will use reasonable efforts to provide notice where required by applicable law or contractual obligations. Continued use of the Services after changes take effect constitutes acceptance of such changes, where legally applicable.

HypeUp may update these Terms from time to time to reflect changes in the Services, business, or legal requirements. When changes are made, the "Last Updated" date at the top of this page will be revised.

Material changes may be communicated through the Services or by email where appropriate. Continued use of HypeUp after changes take effect may constitute acceptance of the updated Terms, where legally applicable.

We encourage you to review this page periodically.

If you have any questions about these Terms, please contact HypeUp support:

• Email: support@hypeup.pk
• Phone / WhatsApp: +92 346 9815625
• Office: Sargodha, Punjab, Pakistan
• Hours: Mon - Sat, 9:00 AM - 8:00 PM
• Or visit our contact page at https://www.hypeup.pk/contact

For questions about privacy and data, please review the HypeUp Privacy Policy or contact our support team.