Terms of Service

Last updated · May 13, 2026

By accessing or using HyperScale (the "Service"), you agree to these Terms of Service. If you do not agree, do not use the Service. These Terms form a binding agreement between you and HyperScale ("we", "us").

1. Acceptance

2. The Service

HyperScale is an autonomous growth platform for app and web marketers. It connects to your authorized advertising accounts (e.g., Meta Ads), ingests performance and creative data, and proposes or, with your explicit approval, executes optimizations on your behalf.

3. Your account

You are responsible for safeguarding your login credentials and for any activity in your workspaces. You must provide accurate registration information and keep it current. You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is greater.

4. Authorization to act on your behalf

When you connect a third-party platform (Meta Ads, etc.) via OAuth, you grant HyperScale a limited license to use the access token you authorize for the purpose of reading data from and, where you opt in, writing changes to that account. We will only execute write actions (e.g., pausing an ad set, increasing a budget) that you have either (a) approved individually through the in-app approval surface, or (b) authorized as part of a documented automation policy you configured.

5. Acceptable use

You may not use the Service to:

Run advertising that violates Meta's Ad Policies or any applicable law.
Attempt to reverse engineer, scrape, or interfere with the Service.
Resell, sublicense, or repackage the Service without our written consent.
Upload content you do not have rights to use, or content that infringes intellectual property, privacy, or publicity rights.
Bypass rate limits, security controls, or quota allocations.

6. Data and privacy

Our handling of personal data and Meta-derived data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of your account data, creative assets, and ad-performance data. We retain ownership of the Service itself, including its software, models, prompts, and aggregated, de-identified usage statistics.

7. Intellectual property

HyperScale, its logos, and the underlying software are our intellectual property. You receive a non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription. Outputs generated specifically for your workspace (briefs, recommendations, written copy) are yours to use.

8. Fees

HyperScale is free to start. Paid use is a flat monthly subscription fee; certain plans add a performance fee equal to 10% of the ad spend that runs through HyperScale-produced ads which won their test and which you promoted into the scaling campaigns you designate; current amounts are shown on our site and at purchase. Tests, losing variants, and spend outside those designated campaigns are never subject to the performance fee. Ad spend itself is billed to you directly by the advertising platform (e.g., Meta), not by us. Subscription fees are billed in advance and performance fees after the qualifying spend occurs; fees are non-refundable except as required by law or as stated at purchase. We may change pricing with at least 30 days' notice for existing subscriptions.

9. Termination

You may delete your workspace at any time from in-app Settings; this triggers an immediate cascade deletion of all data scoped to that workspace, including encrypted integration tokens. We may suspend or terminate your access if you breach these Terms, if required by law, or if your usage poses a risk to the Service or to other users. On termination, sections 6, 7, 10, 11, and 12 survive.

10. Disclaimers

The Service is provided "as is" and "as available". We do not warrant uninterrupted operation, error-free output, or that automated optimizations will improve any specific business outcome. Advertising platforms (including Meta) may change their APIs, rate limits, or policies at any time, and the Service's behavior depends on those upstream systems. To the maximum extent permitted by law, we disclaim all implied warranties.

11. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or related to the Service is limited to the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred US dollars (USD 100). In no event will we be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost ad spend, even if advised of the possibility.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from (a) your use of the Service in violation of these Terms, (b) your advertising content or campaigns, or (c) your breach of any third-party platform's terms (e.g., Meta's Ad Policies).

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

14. Governing law

These Terms are governed by the laws of France, without regard to conflict-of-laws principles. Any dispute will be brought exclusively in the courts of Paris, France, unless mandatory consumer-protection law specifies otherwise.

15. Contact

Questions about these Terms: legal@hyperscale.net.