Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the Hypeify platform, including the Hypeify Host product (restaurant tools), the Hypeify Books product (bookkeeping tools), the Hypeify Terminal product (fuel-wholesale operations tools), the Hypeify Hospitality product (hospitality data intelligence tools), the Hypeify Fleet product (fleet operations tools), the Hypeify Outpost product (multi-location field-inspection tools), the Toro cross-product AI layer, and any other Hypeify-branded products, together with any related websites, APIs, and services (collectively, the "Service") operated by Hypeify LLC ("Hypeify," "we," "our," or "us").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old and able to enter into a binding contract to use the Service.

If you use the Service on behalf of a business, organization, or other legal entity (a "Business"), you represent and warrant that you have the authority to bind that Business to these Terms. References to "you" include both you individually and the Business you represent.

You are responsible for providing accurate registration information and for keeping your credentials confidential. You are responsible for all activity that occurs under your account, whether or not you authorized it.

Notify us promptly at the contact address listed below if you suspect unauthorized access to your account.

The Service is offered under various plans, including free, paid monthly, and paid annual subscriptions. Pricing, included features, and usage limits for each plan are described on our pricing page and may change with notice.

Paid subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before renewal. You authorize us (and our payment processor) to charge your selected payment method for all fees, applicable taxes, and renewal amounts.

Failed payments may result in suspension of paid features. Late or disputed charges may also be subject to reasonable collection costs. See our Refund Policy for details on cancellation timing and refund eligibility.

Hypeify is a multi-product platform. Each product is software only — Hypeify is not the restaurant, the bookkeeper, the fuel distributor, the hotel operator, the fleet manager, or the merchant of record for the businesses our customers operate, unless we expressly say so in writing.

• Hypeify Host (Restaurant SaaS): software tools for restaurants and similar businesses, which may include menu management, QR ordering, websites, marketing campaigns, customer lists, integrations, and reporting. See the Restaurant Disclaimer for details about your responsibility for menu accuracy, allergens, fulfillment, and customer issues.
• Hypeify Books (Bookkeeping SaaS): software tools to organize bookkeeping records, including transactions, properties, vendors, receipts, and reports. May include AI-assisted categorization, summaries, and recommendations. Hypeify Books is software, not a licensed CPA firm or tax advisor. See the Bookkeeping Disclaimer for important limitations on AI output and your responsibility for final books, filings, and professional review.
• Hypeify Terminal (Fuel-Wholesale SaaS): software tools for fuel-wholesale distributors and jobbers, which may include bills of lading (BOLs), rack-pricing inputs, customer statements, daily balance reporting, terminal connectors, and audit logs. Hypeify Terminal is software, not a fuel distributor, terminal operator, common carrier, or pricing service. See the Terminal Disclaimer for details about your responsibility for pricing, motor fuel taxes, BOL accuracy, statements, and connector data.
• Hypeify Hospitality (Hospitality Data Intelligence): a data intelligence platform for hospitality operators, which may include rate, market, forecast, yield, parity, channel mix, reputation, group pricing, and benchmarking dashboards. Hypeify Hospitality is software, not a revenue manager, pricing advisor, or fiduciary. See the Hospitality Disclaimer for details about the informational nature of forecasts and your responsibility for pricing, distribution, and channel relationships.
• Hypeify Fleet (Fleet Operations SaaS): software tools for fleet operations, which may include vehicle records, drivers, dispatch, fuel cards, maintenance, and telemetry. Hypeify Fleet is software, not a vehicle inspector, motor carrier, dispatcher, or safety auditor. See the Fleet Disclaimer for details about your responsibility for vehicle condition, driver qualifications, regulatory compliance (including DOT/FMCSA), and dispatch decisions.
• Hypeify Outpost (Multi-Location Field-Inspection SaaS): software tools for businesses that send people to physical sites to verify standards are being met, which may include sites/locations, inspection schedules, customizable inspection templates, photo-attached walkthroughs, branded PDF reports, an issues tracker, a document vault, and an inspector roster. Hypeify Outpost is software, not a regulatory inspector, health-department auditor, environmental-compliance officer, brand-standards enforcer, or fiduciary. See the Outpost Disclaimer for details about your responsibility for inspection accuracy, photo-evidence handling, brand-standards interpretation, and any decisions made on the basis of inspection results.
• Toro (Cross-Product AI): an AI layer that operates across products. Toro can read and reason over data in the products you have enabled. Toro Output is AI Output (see Section 8) and is subject to the same review-before-relying-on-it obligations.
• New products: Hypeify may launch additional products from time to time. Each will be governed by these Terms (and any product-specific disclaimer or order form we identify).

This section is intentionally left blank to preserve numbering after a prior revision combined per-product provisions into Section 5.

"Customer Content" means any data, text, images, menus, logos, brand assets, financial records, files, or other materials you (or your end users) upload, submit, or generate through the Service. As between you and Hypeify, you retain ownership of your Customer Content.

You grant Hypeify a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and otherwise process Customer Content solely as necessary to operate, secure, support, and improve the Service for you. This license ends when the related Customer Content is deleted, except for backup retention or as required by law.

You represent that you have all rights and permissions necessary to upload and process Customer Content, including any required consents from your customers and employees.

The Service may use artificial intelligence to generate menu drafts, marketing copy, design suggestions, bookkeeping categorizations, summaries, forecasts, and similar outputs ("AI Output"). AI Output may be inaccurate, incomplete, biased, or out of date.

You are responsible for reviewing and verifying AI Output before publishing, sending, filing, posting, or otherwise relying on it. AI Output does not constitute professional advice. See the AI Notice for additional terms.

The Service, its content, and any AI Output are provided for informational and operational purposes only. They do not constitute legal, tax, accounting, payroll, investment, financial, medical, dietary, regulatory, or other professional advice.

You should consult a qualified professional before relying on the Service or any AI Output for decisions that have legal, tax, accounting, regulatory, or financial consequences.

The Service may integrate with third-party products such as payment processors, accounting platforms, point-of-sale systems, delivery providers, identity providers, email/SMS providers, and analytics tools. These third parties are not controlled by Hypeify and are governed by their own terms and privacy policies.

We disclaim responsibility for third-party services, including their availability, accuracy, security, fees, and the consequences of using them.

Subscription billing and any related payment processing for the Service are handled by our payment processor(s). Payment-card and bank data are processed by the payment processor under their own terms and security practices. We do not store full card numbers on our servers.

If your end customers pay through any product feature that processes their payments — including (but not limited to) ordering in Hypeify Host or guest payments in Hypeify Hospitality — those transactions are subject to the payment processor's terms and are between you, the end customer, and the processor, not Hypeify.

If you use restaurant features, you are solely responsible for the accuracy of menu items, descriptions, prices, taxes, fees, hours, availability, ingredients, allergens, nutritional claims, photos, promotions, and order fulfillment.

You will promptly correct any inaccuracy and respond to customer questions and complaints. Hypeify is not responsible for harm arising from inaccurate menu content, allergen disclosures, or fulfillment failures.

If you use bookkeeping features, you are solely responsible for the accuracy and completeness of your books, including imported transactions, categorizations, splits, receipts, reconciliations, payroll inputs, vendor records, and tax filings.

Hypeify is not responsible for penalties, missed filings, incorrect categorization, user-entered errors, imported bank errors, integration errors, or decisions made based on Service output, to the maximum extent allowed by law.

You will not use the Service in violation of law, third-party rights, or our Acceptable Use Policy, which is incorporated into these Terms by reference.

We may suspend, restrict, or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you are violating these Terms, creating risk to the Service or other users, or failing to pay fees when due.

You may stop using and cancel the Service at any time. Sections that by their nature should survive termination — including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

We may offer features marked as beta, preview, experimental, or early access. These features may change, break, or be removed at any time, may be less reliable than general-availability features, and are provided "as is" without warranties.

We work to keep the Service available, but we do not guarantee uninterrupted, timely, secure, or error-free operation. Scheduled maintenance, upgrades, third-party outages, and unforeseen events may temporarily affect availability.

We use reasonable administrative, technical, and organizational measures designed to protect the Service and Customer Content. See our Security Notice for an overview.

No system is 100% secure. You are responsible for protecting your account credentials, configuring access for your team, reviewing third-party integrations you connect, and complying with security obligations applicable to your business.

EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY HYPEIFY, THE SERVICE AND ALL CONTENT, INCLUDING AI OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPEIFY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL HYPEIFY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID HYPEIFY FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the limitation or exclusion of certain damages. In those jurisdictions, the foregoing limitations apply to the maximum extent permitted.

You will defend, indemnify, and hold harmless Hypeify and its affiliates, officers, employees, and agents from any third-party claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Content; (c) your products, services, menus, prices, allergens, fulfillment, books, filings, or business operations; or (d) your violation of any third-party right.

[ATTORNEY-REVIEWED PLACEHOLDER] These Terms will be governed by the laws of [State], excluding conflicts-of-law rules. The exclusive venue for any dispute is [County, State], unless otherwise agreed in a signed writing.

[ATTORNEY-REVIEWED PLACEHOLDER] The parties will first attempt in good faith to resolve any dispute through informal negotiation. If that fails, disputes will be resolved [by individual binding arbitration / in the courts of [State]]. Class actions and class-wide arbitration may be waived. This section requires careful attorney review for enforceability and for compliance with state-specific consumer protection rules.

We may update these Terms from time to time. When we do, we will update the version and effective date at the top of this page. Material changes will be brought to your attention through the Service, and continued use after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Contact us at [legal@hypeify.com] or at our mailing address [Hypeify LLC, Address Placeholder].