Terms of Service

Acceptance of Terms

By accessing and using the services provided by hyperlance d.o.o. ("Company", "we", "our", or "us"), you ("Client", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services. These Terms constitute a legally binding agreement between you and hyperlance d.o.o., a company registered in Croatia with registration number 256413879.

Description of Services

hyperlance provides customer retention strategies and related services for e-commerce businesses, including but not limited to:

• Email marketing automation and campaign development
• Customer loyalty programme design and implementation
• Customer segmentation and data analysis
• Customer support optimisation
• SMS marketing services
• Review management and reputation services
• Analytics and reporting services
• Consultation and strategy development

User Obligations

By using our services, you agree to:

• Provide accurate, current, and complete information about yourself and your business
• Maintain the security of your account credentials and notify us immediately of any unauthorised use
• Comply with all applicable laws and regulations in your jurisdiction
• Not use our services for any unlawful, fraudulent, or harmful purposes
• Respect the intellectual property rights of hyperlance and third parties
• Provide necessary consents and permissions for data processing as required by applicable privacy laws
• Pay all fees and charges associated with your use of our services in a timely manner

Payment Terms

Service fees are as specified in your service agreement or proposal. Unless otherwise agreed:

• Setup fees are due upon signing the service agreement
• Monthly fees are due in advance on the first day of each month
• All fees are quoted in Euros (EUR) and are exclusive of applicable taxes
• Late payments may incur additional charges as specified in your agreement
• Refunds are provided only as specifically outlined in your service agreement

Intellectual Property

All content, materials, strategies, methodologies, software, and other intellectual property provided by hyperlance remain our exclusive property. This includes:

• Proprietary methodologies and frameworks
• Custom-developed strategies and campaigns
• Reports, analyses, and recommendations
• Software tools and platforms
• Training materials and documentation

You are granted a limited, non-exclusive, non-transferable licence to use our intellectual property solely in connection with the services provided. You may not copy, modify, distribute, or create derivative works without our express written permission.

Data Protection and Privacy

We are committed to protecting your privacy and handling your data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Confidentiality

Both parties acknowledge that they may have access to confidential information belonging to the other party. Each party agrees to maintain the confidentiality of such information and not to disclose it to third parties without prior written consent, except as required by law or necessary to perform the services outlined in the agreement.

Limitation of Liability

To the fullest extent permitted by applicable law:

• hyperlance shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the total amount paid by you for services in the 12 months preceding the claim
• We make no warranties or representations about the results that may be achieved through our services
• We are not responsible for any actions taken by third-party service providers or platforms
• You acknowledge that customer retention results depend on various factors beyond our control

Indemnification

You agree to indemnify, defend, and hold harmless hyperlance, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or relating to your use of our services, your violation of these Terms, or your violation of any rights of another party.

Termination

Either party may terminate the service agreement:

• With 30 days' written notice for ongoing monthly services
• Immediately for material breach of these Terms, subject to a 10-day cure period
• Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, you remain responsible for all fees incurred up to the termination date. We will provide a reasonable transition period to transfer any work product, subject to payment of all outstanding fees.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, or technical failures of third-party services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Split, Croatia. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

Entire Agreement

These Terms, together with any service agreements, proposals, and our Privacy Policy, constitute the entire agreement between you and hyperlance regarding the use of our services. These Terms supersede all prior agreements, understandings, and communications, whether written or oral.

Contact Information

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