1. Acceptance of these Terms
Welcome to Hypa (the "App", "Service", "we", "our", "us"), a proprietary software product owned, developed and operated by Cyberdune Technologies Pvt. Ltd. ("Cyberdune", the "Company"). These Terms of Service ("Terms") form a legally binding agreement between you ("you", "user") and Cyberdune governing your access to and use of Hypa, including its websites, mobile applications, APIs, AI features and related services.
By creating an account, downloading the App from the Apple App Store or Google Play Store, uploading content, or otherwise using any part of the Service, you confirm that you have read, understood and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
If you are using Hypa on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
2. Eligibility & your account
- You must be at least 13 years old (or the minimum digital-consent age in your jurisdiction, whichever is higher) to use Hypa. Users under the age of majority must have verifiable parental or guardian consent.
- You sign in using a supported identity provider (such as Google). You are solely responsible for safeguarding your credentials and for all activity under your account.
- One account per person. Sharing accounts is not permitted.
- You must provide accurate information and promptly notify us of any unauthorised access at support@hypa.app.
3. Ownership & intellectual property
All rights, title and interest in and to the Hypa App, its source code, object code, designs, trademarks, logos, models, prompts, workflows, AI systems, databases, catalogues, user interfaces, documentation and all other materials provided by us (collectively, the "Cyberdune IP") are and shall remain the exclusive proprietary property of Cyberdune Technologies Pvt. Ltd. and its licensors, protected by copyright, trademark, trade-secret and other laws.
Subject to your continued compliance with these Terms, Cyberdune grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App solely for your personal, non-commercial cataloguing of your own diecast collection.
Except for this licence, no other rights are granted. You may not copy, modify, distribute, sell, lease, sublicense, publicly display, reverse-engineer, decompile, disassemble, scrape, or create derivative works of any part of the Cyberdune IP, nor use it to build a competing product or dataset.
4. Your content & licence to us
"Your Content" means photos, notes, valuations, tags and other material you submit to the App. As between you and Cyberdune, you retain ownership of Your Content. You represent and warrant that you own or have all necessary rights to Your Content and that it does not infringe any third-party rights.
You grant Cyberdune a worldwide, royalty-free, non-exclusive, sublicensable licence to host, store, reproduce, process, transmit, adapt and display Your Content solely to (i) operate, maintain and improve the Service for you; (ii) run AI identification, enrichment and valuation workflows; and (iii) meet legal or regulatory obligations. We do not sell Your Content and do not use it for third-party advertising.
Aggregated, de-identified and statistical data derived from use of the Service (data that does not identify you or Your Content) is Cyberdune's proprietary data and may be used for analytics, model improvement and business purposes.
5. AI outputs & no professional advice
Hypa uses machine-learning models to identify diecast models, estimate value ranges, and generate metadata. AI outputs are provided on an "as-is" and "best-effort" basis. They are not appraisals, valuations, authentication certificates, investment advice or insurance guidance and must not be relied upon as such.
You are solely responsible for independently verifying any AI- generated information — particularly valuations, rarity, authenticity and provenance — before making any purchase, sale, insurance, taxation or trading decision. Cyberdune disclaims all liability for decisions made in reliance on AI outputs.
6. Acceptable use
You agree not to:
- Upload unlawful, infringing, obscene, hateful, harassing, defamatory or misleading content;
- Upload content you do not have the right to submit;
- Attempt to gain unauthorised access to the Service, other accounts or our infrastructure;
- Interfere with, disrupt, overload, probe or scan the Service or any related networks;
- Reverse-engineer, decompile, disassemble or otherwise attempt to derive source code, model weights or training data;
- Use bots, scrapers or automated tools to access the Service, other than officially documented APIs;
- Use the Service to catalogue anything other than lawful personal items;
- Impersonate any person or entity, or misrepresent your affiliation;
- Use the Service to build a competing product or dataset, or to train third-party AI models;
- Violate any applicable law, regulation, or third-party right, including export controls and sanctions.
We may investigate and take action, including removing content and suspending or terminating accounts, for suspected violations.
7. Fees, subscriptions & in-app purchases
Some features may require a paid subscription or in-app purchase. Purchases made through the Apple App Store or Google Play Store are processed and billed by Apple or Google under their own terms (including auto-renewal, family sharing and refund policies). Purchases made outside those stores are processed by our payment partners.
Unless required by law or store policy, fees are non-refundable. Billing questions may be directed to billing@hypa.app. Refund requests for App Store or Play Store purchases must be submitted directly to Apple or Google.
8. App Store & Play Store terms
If you obtained the App from the Apple App Store, you acknowledge that these Terms are between you and Cyberdune only, and not with Apple. Apple is not responsible for the App or its content. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, who will refund the purchase price (if any); to the maximum extent permitted by law, Apple will have no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a U.S.-embargoed country and are not on any U.S. Government prohibited-party list. You must also comply with all applicable Apple Media Services Terms and the Apple App Store's Licensed Application End User License Agreement.
If you obtained the App from Google Play, you agree to comply with the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.
9. Third-party services
The Service integrates with third-party providers (identity, cloud hosting, storage, analytics, AI, payments). Your use of those services is subject to their terms and privacy policies. Cyberdune is not responsible for third-party services and disclaims any liability arising from them.
10. Service availability, changes & beta features
We continuously improve Hypa. Features, pricing and availability may change, be added, throttled, deprecated or removed at any time, with or without notice. We may perform scheduled or emergency maintenance. Beta, preview or experimental features are provided "as-is", may be unstable, and may be withdrawn without liability.
11. Suspension & termination
You may stop using the App and delete your account at any time from the Profile screen. Cyberdune may suspend, restrict or terminate your access, with or without notice, if (i) we believe you have violated these Terms; (ii) required by law, court order or a store operator; (iii) your use creates a risk or liability for us or others; or (iv) the Service is discontinued.
Upon termination your licence ends immediately and Your Content may be deleted in accordance with our Privacy Policy. Sections that by their nature should survive (ownership, disclaimers, liability limits, indemnity, governing law) will survive termination.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE APP AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CYBERDUNE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT VALUATIONS OR IDENTIFICATIONS PRODUCED BY THE AI ARE ACCURATE OR COMPLETE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CYBERDUNE TECHNOLOGIES PVT. LTD., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, CONTENT, PHOTOS, VALUATIONS OR COLLECTION RECORDS, COST OF SUBSTITUTE SERVICES, OR ANY DAMAGE TO REPUTATION, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBERDUNE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO CYBERDUNE FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions our liability is limited to the smallest amount permitted by law.
14. Indemnity
You agree to defend, indemnify and hold harmless Cyberdune Technologies Pvt. Ltd. and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from (i) Your Content; (ii) your use or misuse of the Service; (iii) your violation of these Terms; or (iv) your violation of any third-party right or applicable law.
15. Governing law & dispute resolution
These Terms are governed by the laws of India, without regard to its conflict-of-laws principles. Subject to applicable consumer-protection laws, the courts located in Bengaluru, Karnataka, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. Nothing in these Terms limits any non-waivable statutory rights you have as a consumer in your country of residence.
16. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified in-app or by email before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
17. Miscellaneous
- These Terms are the entire agreement between you and Cyberdune regarding the Service.
- If any provision is held unenforceable, the remainder shall remain in effect.
- Our failure to enforce any right is not a waiver of that right.
- You may not assign these Terms without our prior written consent; we may assign them freely.
- Notices to us must be sent to the addresses below.
18. Contact
Hypa is owned and operated by Cyberdune Technologies Pvt. Ltd.
- Support: support@hypa.app
- Legal & compliance: compliance@hypa.app
- Billing & finance: billing@hypa.app