Terms & Conditions

Last Updated: September 20, 2024

1. Acceptance of Terms

By accessing or using the HyperFormation platform ("Platform"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you may not use the Platform.

2. Data Collection and Usage

By participating in surveys or joining the HyperFormation network, you consent to the collection, storage, processing, and analysis of your data by HyperFormation LLC. This data may include, but is not limited to, responses to surveys, participation in peer groups, and any other interaction with the Platform.

  • Survey Data: The data collected through surveys will be aggregated, anonymized, and processed to extract insights and learnings. This data will be presented without direct connection or attribution to any individual or company. HyperFormation will make reasonable efforts to ensure the confidentiality and anonymity of the data.
  • Data Privacy: HyperFormation strives to keep individual responses confidential and private through aggregation and other methods. While reasonable efforts will be made to ensure confidentiality, absolute anonymity cannot be guaranteed.
  • Data Usage: Aggregated, anonymized data may be used for research, reporting, and the creation of industry benchmarks. HyperFormation may share these aggregated insights with the broader community and use them to improve the Platform.
  • Personalization and Advertising: HyperFormation reserves the right to leverage its knowledge about user survey submissions and other provided data to improve and personalize the user experience, including the display of promoted content or advertising. This use includes allowing third-party advertisers to target ads based on anonymized, aggregated user data, as described above.
  • Data Use for Advertising:
    • Targeted Advertising: HyperFormation may allow third-party advertisers to target their ads to users based on aggregated and anonymized data that users provide through surveys, peer groups, and other interactions on the Platform. Advertisers will not have access to specific data, names, or personal identifiers of users. Instead, HyperFormation will enable advertisers to select criteria (e.g., industry, role, interests) to target specific user segments for their promoted content.
    • Data Privacy: HyperFormation will ensure that user data remains anonymized and aggregated, ensuring that individual users cannot be directly identified through targeted advertising activities.
    • User Consent: By using the Platform and providing data through surveys, peer groups, or other interactions, you consent to HyperFormation’s use of your data for the purposes of delivering personalized experiences and targeted advertising in accordance with these Terms.

3. Use of the Services

HyperFormation, its suppliers, and its service providers own all rights, title, and interest in the Platform and its Services. The Services are protected by copyright and other intellectual property laws worldwide. Subject to these Terms, HyperFormation grants you a limited, non-transferable license to use the Services solely for your personal, non-commercial purposes. HyperFormation, its suppliers, and its service providers reserve all rights not granted in these Terms.

4. User Submissions

During your use of the Services, you may submit text responses, chats, comments, suggestions, and other information (collectively, the "Submissions") to the Platform, whether or not requested to do so by HyperFormation.

  • License Grant: You grant HyperFormation a fully paid, worldwide, perpetual, royalty-free, non-exclusive, transferable, sublicensable license to cache, copy, distribute, transmit, publicly display, reproduce, or otherwise use or exploit the Submissions on the Platform and in other media, digital or analog, now known or hereafter developed worldwide, including, without limitation, the internet, mobile devices, and in advertising or promotions, print or otherwise.
  • Confidentiality: Data submitted through surveys will be aggregated and anonymized before being presented or shared. HyperFormation will make reasonable efforts to ensure the confidentiality of your data. However, data you choose to share publicly through other features on the Platform may become visible to others.
  • No Obligation: HyperFormation shall have no obligation to pay you any compensation for your Submissions. HyperFormation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time, with or without notice to you.
  • Request for Removal: You may request the removal of your Submission for any reason on reasonable written notice to HyperFormation, on receipt of which HyperFormation will take commercially reasonable steps to comply.
  • Content Review: HyperFormation does not and cannot review all Submissions and is not responsible for the content or substance thereof. However, HyperFormation reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights to privacy or publicity, or otherwise unacceptable. HyperFormation shall not be deemed the publisher of any Submission by virtue of its right to control said Submission.

5. Responsibility for Shared Content

Any information you share about the workflows, practices, and inner workings of your company is your responsibility. You must ensure that the content you share is permissible and does not violate any confidentiality agreements or intellectual property rights. HyperFormation will not directly attribute such content to your company, but through continued user actions, it may be possible for others to deduce the source of the information in the future.

  • Disclaimer of Liability: HyperFormation is not liable for any breach of confidentiality or intellectual property rights caused by your actions. It is your responsibility to ensure that any shared content is appropriate for public distribution and does not violate any agreements or rights.

6. Changes to Terms

HyperFormation reserves the right to modify or update these Terms at any time, with or without prior notice. Your continued use of the Platform after any changes signifies your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates.

7. Platform Usage

You agree to use the Platform in accordance with all applicable laws and regulations. HyperFormation may, at its sole discretion, suspend or terminate your access to the Platform if it believes you have violated these Terms or any applicable laws.

8. Limitation of Liability

HyperFormation LLC is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your access to, use of, or inability to use the Platform or any materials provided on the Platform. This limitation applies to any damages resulting from errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, communication line failures, theft, destruction, or unauthorized access to records.

9. Intellectual Property

All content on the Platform, including text, graphics, logos, icons, images, and software, is the property of HyperFormation LLC or its content suppliers and is protected by applicable intellectual property laws. Unauthorized use of any content on the Platform is strictly prohibited.

10. Termination

HyperFormation reserves the right to terminate your access to the Platform at any time, without notice, for conduct that HyperFormation believes violates these Terms or is harmful to other users of the Platform, HyperFormation, or third parties.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the jurisdiction of the courts located within Delaware for the resolution of any disputes arising out of or relating to these Terms or the Platform.

12. Contact Information

If you have any questions regarding these Terms, please contact us at [email protected].

By using the HyperFormation Platform, you acknowledge that you have read, understood, and agree to these Terms of Service.