TERMS OF SERVICE
Momentum by Hypeliv
Effective Date: May 7, 2026 | Last Updated: May 7, 2026
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Hypeliv ("Company," "we," "our," or "us"), the operator of Momentum, an AI-powered social media content and scheduling platform (the "Service").
By accessing or using the Service, creating an account, or making a payment, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
If you are accepting these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
2. Description of Service
Momentum provides the following core services to clients:
- AI-generated marketing images using Leonardo AI and other AI generation providers, tailored to your brand
- AI-generated captions and hashtags optimized for LinkedIn, Instagram, and X (formerly Twitter)
- A content approval workflow through which you review and approve posts before publishing
- Direct scheduling and publishing of approved posts to your connected social media accounts
We reserve the right to modify, update, or discontinue any feature of the Service at any time with reasonable notice to active clients.
3. Eligibility & Account Registration
To use the Service, you must:
- Be at least 18 years of age
- Be a business, brand, or individual acting in a professional or commercial capacity
- Provide accurate, complete, and current account and billing information
- Maintain the security of your account credentials and notify us immediately of any unauthorized access
You are responsible for all activity that occurs under your account. We are not liable for any loss arising from unauthorized use of your account where you failed to keep your credentials secure.
4. Subscription Plans & Payment
4.1 Pricing Plans
Momentum is offered under the following billing structures:
- Pricing and subscription details are communicated separately through proposals, invoices, onboarding materials, or within the platform.
4.2 Billing & Renewal
Monthly plans renew automatically each month on the anniversary of your subscription start date. Annual plans renew annually unless cancelled before the renewal date. By providing payment details, you authorize us to charge the applicable fees on each renewal date.
4.3 Refund Policy
Annual plan payments are non-refundable except in cases where Hypeliv fails to deliver the Service for a period exceeding 7 consecutive days due to our fault. Monthly plan subscribers may cancel at any time and will retain access until the end of the current billing period. No partial-month refunds are issued.
4.4 Late Payments
If payment fails, we will notify you and attempt to retry the charge. Access to the Service may be suspended after 7 days of a failed payment. If the account remains unpaid for 30 days, it may be terminated and associated data may be deleted.
5. Content Ownership & Intellectual Property
5.1 Your Brand Content
You retain full ownership of all brand materials, logos, guidelines, and information you provide to us. By submitting brand content to the platform, you grant Hypeliv a limited, non-exclusive, royalty-free licence to use that content solely for the purpose of generating and delivering the Service to you.
5.2 AI-Generated Content
Upon your approval and publication of AI-generated posts (images, captions, and hashtags), ownership of that output is assigned to you, subject to any terms imposed by Leonardo AI and the respective social media platforms. You are solely responsible for ensuring the approved content complies with applicable laws, platform policies, and third-party intellectual property rights.
5.3 Platform IP
All software, algorithms, interfaces, designs, and systems underlying Momentum are the intellectual property of Hypeliv. These Terms do not grant you any rights to our proprietary technology. You may not copy, reverse-engineer, decompile, or create derivative works based on any part of the Service.
6. Disclaimers & Limitations of Liability
6.1 Service Availability
We aim to maintain high availability but do not guarantee that the Service will be uninterrupted, error-free, or available at all times. Scheduled maintenance, third-party outages, or force majeure events may affect availability.
6.2 Content Accuracy
AI-generated content (images, captions, hashtags) is produced algorithmically and may not always be accurate, appropriate, or on-brand. You are solely responsible for reviewing and approving all content before it is published. Hypeliv makes no warranty that AI-generated content will be free from errors, infringements, or platform policy violations.
6.3 Limitation of Liability
To the maximum extent permitted by applicable law, Hypeliv's total liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the total fees paid by you in the 3 months immediately preceding the claim. In no event shall Hypeliv be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, goodwill, or data.
7. Termination
7.1 Termination by You
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period for monthly plans, or at the end of the annual term for annual plans (no mid-term refunds).
7.2 Termination by Hypeliv
We may suspend or terminate your account immediately and without notice if you: (a) breach these Terms; (b) engage in fraudulent or illegal activity; (c) fail to pay applicable fees; or (d) act in a way that poses a risk to our platform, other clients, or third parties.
7.3 Effect of Termination
Upon termination, your right to access and use the Service ceases immediately. We will retain your data for up to 60 days post-termination for recovery purposes, after which it will be permanently deleted.
8. Contact Us
If you have any questions about these Terms, please contact us:
Hypeliv (Momentum)
Email: info@hypeliv.com