Terms of Service

1. Agreement to Terms

By accessing or using HypaSites (“the Service”), operated by Kempire Group Pty Ltd trading as HypaSites (“HypaSites”, “we”, “us”, “our”), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

HypaSites is an AI-powered platform for building landing pages and sales funnels and for marketing to the contacts you collect through them. The Service includes:

• Page and funnel generation — AI-generated landing pages and funnels from your briefs, hosted on HypaSites subdomains or your own custom domains.
• Lead capture and CRM — forms that collect contacts (“leads”) on your pages, contact import, tagging, pipeline stages, and AI lead summaries.
• Email marketing — automated emails, multi-step sequences, and one-off broadcasts to the contacts you collect, with merge fields, open/click tracking, and deliverability tooling (suppression lists, unsubscribe handling, sender authentication).
• Analytics — page, funnel, and email performance reporting.

The Service provides the tools to run these activities; you are solely responsible for how you use them, including what you send, who you send it to, and the content of your pages and messages. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

3. Accounts

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity under your account. Notify us immediately if you suspect unauthorised access.

4. Subscriptions and Billing

Paid plans are billed monthly in Australian Dollars (AUD). Your subscription renews automatically unless cancelled before the renewal date. You may cancel at any time from your account settings. Refunds are not provided for partial billing periods. Overage charges (AI edits, bandwidth) are billed at the rates listed on our pricing page.

4a. Free Trials

Eligible new customers may start a paid plan with a 7-day free trial. A valid payment card is required to begin the trial; you are not charged during the trial period.

• Automatic charge. Unless you cancel before the trial ends, your card is automatically charged the plan price shown at signup when the 7-day trial ends, and your subscription continues on the plan’s normal billing cycle. We send a reminder email before the charge.
• Cancel anytime. You may cancel at any time during the trial from your account settings and you will not be charged. Cancelling ends access to paid features immediately.
• One trial per customer. The free trial is limited to one per customer and one per payment card. Trials are for genuinely new subscribers only.
• Trial limits. Some features are limited during the trial (for example, the number of pages you can generate and publish, email sending volume, and custom domains). These limits lift when your trial converts to a paid plan.
• Abuse. We may end a trial immediately, or decline to offer one, where we detect abuse — including repeat or disposable cards, multiple or disposable accounts, or other attempts to obtain more than one trial.

5. Your Content

You retain ownership of all content you provide through the Service (text, images, brand assets). You grant us a limited licence to use this content solely to operate and deliver the Service. All generated landing pages are hosted exclusively on HypaSites infrastructure and are available while your subscription is active.

6. Acceptable Use

You agree not to use the Service to create pages or send messages that contain illegal content, infringe intellectual property, promote violence or discrimination, distribute malware, or engage in fraud. We reserve the right to remove content and suspend accounts that violate this policy.

7. Email Marketing and Anti-Spam

The Service lets you capture contacts and send email (auto-emails, sequences, and broadcasts). Email sent through the Service is sent on shared infrastructure, and your sending affects the deliverability of every other customer. Accordingly, you agree to the following as a condition of using these features:

• Consent warranty. You warrant that you have a lawful basis (valid express or inferred consent) to email every contact you upload, import, or capture through the Service, and that you can evidence that basis on request.
• Compliance with law. You will comply with the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and all equivalent laws in the jurisdictions where your recipients are located (including, where applicable, the US CAN-SPAM Act, Canada’s CASL, and the EU/UK GDPR and PECR).
• Prohibited lists and content. You will not upload or send to purchased, rented, scraped, or harvested email lists; you will not send to addresses obtained without consent; and you will not send content that is misleading, deceptive, or otherwise unlawful.
• Unsubscribe and suppression. You will not attempt to remove, disable, or circumvent the unsubscribe link, List-Unsubscribe headers, sender-identification footer, or suppression controls that the Service applies to outgoing email.
• You are the sender. For every message you send through the Service, you are the “sender” for the purposes of applicable anti-spam law. You are responsible for the accuracy of your sender details (business name and postal address) and for honouring unsubscribe requests. We are a service provider supplying the sending tools; we do not author, review, or endorse your messages or your lists.
• Our right to suspend and suppress. To protect shared deliverability and other customers, we may, at our sole discretion and without notice, suspend your sending, suppress specific addresses, throttle volume, or terminate your account where we reasonably believe you have breached this section or where your complaint or bounce rates exceed acceptable thresholds.
• Indemnity. You indemnify and hold harmless Kempire Group Pty Ltd (trading as HypaSites) against all claims, penalties, fines, losses, and reasonable legal costs arising out of or in connection with your sending, your contacts’ data, or your breach of this section.

8. Data Protection and Your Contacts

When you capture or import contacts through the Service, those contacts are your data, not ours. As between you and HypaSites, you are the data controller and the responsible APP entity for your contacts; we act as your processor and handle that data only to provide the Service to you. You are responsible for providing a compliant collection notice and privacy policy to the people whose data you collect (for example, on your landing pages), for honouring their privacy rights, and for ensuring you have authority to send their data to us for processing. Our handling of personal information is described in our Privacy Policy.

9. AI-Generated Content

Pages, copy, lead summaries, and other outputs may be generated using AI. AI output can be inaccurate, incomplete, biased, or unsuitable for your purpose, and may resemble content produced for other users. You are solely responsible for reviewing, editing, fact-checking, and approving all AI output before you publish or send it, and for ensuring it is accurate, lawful, and not misleading. We make no warranty as to the accuracy or fitness of AI output and are not liable for any claim arising from your use of it.

10. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that email you send will be delivered or reach the inbox, or that any particular results (such as leads, conversions, or revenue) will be achieved. You use the Service, and rely on its outputs, at your own risk.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law (ACL) or other law that cannot lawfully be excluded. Where our liability for a failure to comply with such a guarantee can be limited, our liability is limited (at our option) to re-supplying the relevant service or paying the cost of having it re-supplied. The disclaimers and liability limits in these Terms apply only to the extent permitted by law and are subject to this section.

12. Limitation of Liability

Subject to the Australian Consumer Law section above, and to the maximum extent permitted by law: we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising from or in connection with the Service or your use of it (including your sending, your contacts’ data, AI output, or any third-party service); and our total aggregate liability for all claims arising from or in connection with the Service will not exceed the amount you paid us for the Service in the three (3) months immediately before the event giving rise to the claim.

13. General Indemnity

In addition to the email-specific indemnity in section 7, you agree to indemnify and hold harmless Kempire Group Pty Ltd (trading as HypaSites), and its directors, employees, and contractors, against all claims, liabilities, penalties, fines, losses, damages, and reasonable legal costs arising out of or in connection with: your content, pages, funnels, and messages; the contacts and personal information you collect, import, or process; your use of the Service; and your breach of these Terms or of any applicable law. This obligation survives termination of your account.

14. Termination

We may suspend or terminate your access if you breach these Terms. Upon termination, your right to use the Service ceases immediately. You may download your uploaded content (text, images, brand assets) before cancellation. Generated landing pages are not available for export.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or a notice on the Service. Continued use after changes constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes shall be resolved in the courts of Melbourne, Victoria.

17. Contact

Questions about these Terms? Email us at hello@hypasites.com. HypaSites is operated by Kempire Group Pty Ltd, Melbourne, Victoria, Australia.