Terms of service

In short

HYPERTURE is a B2B AI photo studio operated by HYPERZ AI B.V. Each person uploads selfies with their explicit consent and approves their own headshots; we generate an on-brand, verified headshot set; we assign you our rights in the output and you decide where it goes.

Agreement to these terms

These Terms of Service form a binding agreement between HYPERZ AI B.V., a company registered in the Netherlands, and the organization that registers for or uses the service.

By creating an account, clicking Get started, or otherwise accessing HYPERTURE, you accept these Terms. The Privacy Policy and Data Processing Addendum are incorporated by reference.

The service

HYPERTURE turns uploaded selfies into a consistent, on-brand set of professional headshots for a team, and signs each generated image with cryptographic provenance metadata.

Eligibility & authority

HYPERTURE is a business service. By registering, you confirm that you are at least 18 years old and authorized to bind the organization you represent.

Accounts & teams

Your account is organized around a team. Administrators manage seats, set the brand kit, invite members, and control what is published.

You are responsible for activity that occurs under your account.
Notify security@hyperture.ai promptly if you suspect unauthorized access.
Seats are counted per the plan you select.

Your content & consent

5.1 Your Content means photos, brand assets and other material your team uploads. As between you and us, you retain all rights in Your Content.

5.2 HYPERTURE asks each person to give explicit consent before uploading photos and to approve each headshot before it is delivered to you. Only approved headshots are delivered. You remain responsible for the lawful basis of the processing and you represent and warrant that (a) participation is voluntary; (b) a person who declines or withdraws consent will suffer no adverse consequence; and (c) you will offer an alternative, such as using an existing photo, to any person who does not wish to take part.

5.3 You will indemnify HYPERZ AI B.V. against claims by third parties, including persons depicted, to the extent they arise from your breach of this section 5 or section 8, provided that we notify you promptly of the claim and allow you to control its defence.

Generated headshots & likeness

6.1 Subject to payment of applicable fees, we assign to you all rights we may have in the headshots HYPERTURE generates for your team, to the extent such rights exist, and you may use them for business purposes. Each person's rights in their own likeness, including portrait rights under articles 19 to 21 of the Dutch Copyright Act, remain with that person.

6.2 Output is AI-generated imagery. You agree not to present it in a deceptive way or misrepresent a person's identity, role or credentials.

6.3 You are responsible for any disclosure obligations that apply to you as a deployer of AI-generated content, including under Article 50(4) of the AI Act, for example by stating on your website or profiles that headshots are AI-generated.

Verification & provenance

Each generated headshot is signed with C2PA content-provenance metadata that identifies it, in a machine-readable format, as AI-generated through HYPERTURE, in line with Article 50(2) of Regulation (EU) 2024/1689 (the AI Act). You must not remove or alter this metadata.

Acceptable use

You agree not to use HYPERTURE to:

Upload photos without the person's consent or upload anyone under 18.
Create images intended to impersonate, defraud, harass or deceive.
Generate unlawful, infringing, defamatory or privacy-violating content.
Reverse engineer, scrape, overload or bypass security or rate limits.
Resell or provide the service to third parties unless expressly permitted.

Intellectual property

The service, software, models, design system, HYPERTURE name and marks are owned by HYPERZ AI B.V. and its licensors.

Plans, billing & renewal

10.1 Paid plans are priced by team size and billed in advance for the billing period shown at checkout or on your order. Unless stated otherwise, fees are exclusive of VAT and other taxes.

10.2 Subscriptions run for monthly periods and renew automatically. You may cancel at any time in your account settings, with effect from the end of the current monthly period.

10.3 We may change our prices with effect from the next monthly period by giving at least thirty (30) days' notice by email.

10.4 Fees are charged in advance to the payment method on file through our payment provider. If a payment fails and is not resolved within fourteen (14) days of our notice, we may suspend access until payment is received.

10.5 Fees are non-refundable, except as stated in these Terms or required by law.

Trials & pilots

We may offer free trials or paid pilots so you can evaluate the service. Trial and pilot terms are stated when offered.

Warranties & disclaimers

We provide the service with reasonable skill and care. AI output can contain imperfections, and you are responsible for reviewing and approving Output before publication.

Limitation of liability

13.1 To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or for loss of profits, revenue, goodwill or data.

13.2 Each party's total aggregate liability arising out of or in connection with the agreement, including the Data Processing Addendum, is limited to the fees paid or payable by the customer in the twelve (12) months preceding the event giving rise to the claim.

13.3 Sections 13.1 and 13.2 do not apply to liability arising from a party's intent or deliberate recklessness, to the customer's payment obligations, or to the customer's obligations under sections 5 (Your content & consent) and 8 (Acceptable use).

Term & termination

14.1 These Terms apply for the subscription period stated in your order, including any renewals.

14.2 Either party may terminate for material breach that is not cured within thirty (30) days of written notice.

14.3 We may suspend access immediately where reasonably necessary to prevent a security incident, unlawful use or a breach of section 8. We will inform you without delay and restore access once the cause is resolved.

14.4 On termination, access to the service ends and fees already due remain payable. You may download generated headshots until the end of the paid monthly period in which termination takes effect. We then delete Customer Personal Data in accordance with the Data Processing Addendum.

14.5 Sections 5, 6, 9, 13, 15 and 16, and any other provision that by its nature is intended to survive, survive termination.

Confidentiality

Each party will keep confidential the non-public information it receives from the other in connection with the agreement, use it only to perform the agreement, and disclose it only to personnel and advisers who need to know it and are bound by equivalent obligations. This does not apply to information that is public, already known to the recipient, independently developed or required to be disclosed by law. These obligations survive for three (3) years after termination.

Governing law

These Terms are governed by the laws of the Netherlands. The competent courts of The Hague have exclusive jurisdiction over any dispute.

Changes to these Terms

We may amend these Terms by giving at least thirty (30) days' notice by email to the account administrator. Material changes take effect at the start of the next subscription period after the notice period ends, unless you agree otherwise. Changes to the Data Processing Addendum that reduce the protection of Customer Personal Data require your written agreement.

General

18.1 Order of precedence. In the event of a conflict, the following order applies: an order form signed by both parties, the Data Processing Addendum (on data protection matters), these Terms, and the Privacy Policy.

18.2 Force majeure. Neither party is liable for failure or delay caused by circumstances beyond its reasonable control, excluding payment obligations.

18.3 Assignment. Neither party may assign the agreement without the other's prior written consent, except to a successor in a merger or acquisition that assumes all obligations.

18.4 Notices. Notices are given in writing by email to legal@hyperture.ai or to the email address of the customer's account administrator.

18.5 Entire agreement. The agreement constitutes the entire agreement between the parties on its subject matter. The customer's own purchasing terms do not apply.

18.6 Severability. If a provision is invalid, the remaining provisions remain in force and the parties will replace the invalid provision with a valid one that comes closest to its purpose.

Contact

Questions about these Terms can be sent to HYPERZ AI B.V., Regulusweg 5, 2516 AC The Hague, Netherlands, at legal@hyperture.ai.

The agreement that governs your use of HYPERTURE.