Terms of Payment

v1.1 - last edited 25^th June 2023

Our Terms of Payment page outlines the financial commitments associated with using our SaaS platform. Here, you'll find details about billing cycles, acceptable payment methods, refund procedures, and any associated fees. We encourage you to review these terms to fully understand the financial aspect of our business partnership.

1. GENERAL TERMS

1.1. These Payment Terms are in addition to the Terms of Use available at https://hyperleap.ai/terms-of-use. All the capitalized terms used herein and not defined shall have the same meaning as ascribed in the Terms of Use.

1.2. Kindly note that these Payment Terms may be subject to change from time to time pursuant Our business needs, need for legal compliance and any other reason that We deem necessary. The most current version of these Payment Terms will supersede all previous versions. Therefore, it is advised that You should read the most updated version of these Payment Terms before completing any commercial transaction with the Company.

2. SUBSCRIPTION MODELS

2.1. To avail the Service on the Platform, You shall create an Account on Our Platform. While creating an Account, You will have to choose one of the three (3) separate subscription models offered by Us for Our Services, which are detailed herein below:

a) Startup Model

b) Growth Model

c) Enterprise Model

2.2. Some of the key features of the Services provided by Us under each of the above-mentioned models can be viewed at https://hyperleap.ai/features.

2.3. In addition to the key features referred to under clause 2.2 of these Payment Terms:

a) Under the Startup Model and Growth Model, We provide You with access to the Platform through the Company’s hosting server which may be operated and managed by the Company on its own or through a third-party vendor (“Company Hosting Server”); and

b) Under the Enterprise Model, We provide You with access to the Platform through the User’s hosting server which may be operated and managed by the User on its own or through a third-party vendor (“User Hosting Server”).

2.4. Your use of the Platform and/or Services is dependent on the proper functioning of the Company Hosting Server or User Hosting Server, as the case may be. The Company takes no responsibility towards any defect, discrepancy, down time, bug, error, or other inaccuracy in rendering of the Platform and/or Services that are not directly, proximately, and solely attributable to the improper functioning of the Platform and/or Services when properly set up and used in a defined and approved computing environment.

2.5. We shall not be responsible for rectifying any problems and issues relating to Your use of the Platform and/or Services or with the functioning of the Project that You have developed on the Platform and/or Services, and which are attributable or related to the improper functioning of the User Hosting Server.

3. FEES FOR OUR SERVICES

3.1. You acknowledge that, in addition to the payment of fees for access to the Platform and/or Our Services, You shall be liable to make necessary payments to third-party service providers for the use of their services, including without limitation, the access and use of their Third-Party Application. The mode and structure of payment to such third-party service providers will be governed by their respective Third-Party Terms. You further acknowledge that We neither control nor determine or advise or in any way involve ourselves in the offering or acceptance of such commercial /contractual terms between Users and third-party service providers. Further, We shall not be responsible nor be held liable in any manner whatsoever for (i) any improper functioning of Our Services due to Your non-payment of fees and/or any dues to third-party service providers for the use of their services, including without limitation, the access and use of their Third-Party Application; and(ii) for any unforeseen event that may occur due to such non-payment of fees and/or dues.

3.2. You will be liable to pay such fees as shall be communicated by the Company to You directly or by way of subscription in a manner provided on the Platform for the use of Our Services. All payment obligations for the Services shall be completed and fulfilled by You promptly within the stipulated time period provided by Us, if any.

3.3. You agree and acknowledge that the fees and amounts payable for the usage of the Platform and for procurement of the Services under these Payment Terms are non-refundable in nature. The fees or other costs or amounts payable under these Payment Terms are subject to changes based on the Services availed. The Company shall not be responsible in any manner for such changes in the costs of the subscription plan chosen.

3.4. The User agrees that the payments made to the Company and received by the Company shall differ based on the geo-locations and such payments shall be received as per the local currency of the different and various geo-locations.

3.5. Your hereby understand that there may be certain taxes and statutory charges applicable with respect to Our Services in the jurisdiction from where You access. The fees are exclusive of all such applicable taxes and statutory charges. Therefore, You shall also be responsible for the payment of such applicable taxes and statutory charges separately. Additionally, You agree that You will be responsible for any credit card chargeback fees as well as any reasonable collection costs that We incur as a result of Your failure to pay on a timely basis.

3.6. The payments may be made by You, via credit card, debit card, net banking facility, UPI, wallets, or any other means available. The Company shall routinely start billing You through the payment method as maybe chosen by You at the time of registration/ creation of Your Account.

3.7. You understand, accept, and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment, receiving payment through collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.

3.8. While availing any of the payment method/s available on the Platform, the Company will not be responsible or assume any liability in any manner whatsoever including for errors, delays, erroneous transactions or any loss or damage arising directly or indirectly to You. No liability will be accepted by the Company, if the payment is refused or declined by the bank/credit card supplier/debit card supplier/UPI wallet for any reason whatsoever.

3.9. Any complaints with respect to the payment may be made by You directly to Your bank or the payment gateway.

3.10. If the payment has not been made, it is not the obligation of the Company to bring the same to Your attention. You should check with Your bank / credit card supplier/ debit card supplier/ UPI wallet that the payment has been deducted from Your account but however, the payment has not been made. All payment details which are entered through the payment gateway are encrypted when You make the payment.

3.11. In the event the User uses any links for making payments, from various geo-locations, the User shall be responsible for the same and it shall be at the sole risk of the User. The Company shall in no manner be held responsible for the same.

3.12. In case of failure by the User to make payment of fees or to properly protect the data being provided by the User, during the online payment process or in respect of any omission to provide accurate information in the course of online payment, Hyperleap shall not be held liable.

3.13. The Company uses the maximum care so as to ensure that all or any data / information in respect of the electronic transfer of money available to their payment aggregators and partners does not fall in the wrong hands.

3.14. The payment method can be changed by You during the tenure of Your subscription. However, in the event the change in the payment method is not successful and the payment does not go through, You shall be liable to make such payments, until then, Your access to the Services shall stand suspended and the Company shall in no manner whatsoever be responsible for the same.

3.15. The amount shall be billed to You at the beginning of the tenure and such amounts shall be payable for Startup Model and Growth Model on monthly/ yearly intervals, and for the Enterprise Model on regular intervals as agreed between the Company and the User.

3.16. You shall be solely responsible for the information provided by You with respect to the payment methods. You agree that the Company shall not be liable for any losses either direct, indirect, incidental, or consequential in relation to any delay in processing of the payment made by You.

3.17. The Company reserves the right to make any amendments, modifications or terminate any payment plans at any time, as per its sole discretion and You shall be subjected to such changes and shall ensure to go through the Payment Terms and Terms of Use from time to time for being aware of any such changes and modification. Your non-awareness of the same does not make the Company responsible in any manner.

3.18. In the event that You are desirous of cancelling Your subscription, You may do so by using the Platform. In the event of cancellation of Your plan prior to the expiration period, the same shall in no manner entail You with any refund with respect to any portion of the fee already paid by You. After cancellation, if You are desirous of re-subscribing, You may do so from the Platform.

4. AUTORENEWAL

4.1. We accept certain debit and credit cards as payment methods for Services (each, an “Accepted Payment Method”), subject to the procedures and rules contained in the present Payment Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary on the basis of the Services opted by You and may change from time to time. When You purchase with an Accepted Payment Method, the fees for Your Services will be billed on or near to the date of Your purchase.

4.2. If You purchase a Service that renews automatically, such as monthly or annually, You agree that We may process Your Accepted Payment Method on each monthly, annual, or other renewal term (based on the applicable billing cycle), on or near to the calendar day corresponding to the commencement of Your Service subscription, as applicable. In addition, You agree that We have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms We retain in the future), information regarding Your purchase and Your submitted payment information in order to process Your purchase, and to use the email address submitted by You in order to provide You with notices and disclosures relating to renewals and recurring charges.

5. CHANGES TO PAYMENT METHODS AND ACCOUNT INFORMATION

5.1. You shall be responsible for ensuring that Your Account information, including Your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date. You may change this information at any time and upon any such material change You shall be responsible to inform the same to Us at the earliest possible. If under any circumstance, You fail to provide Us information regarding the material change within the reasonable time period, then You shall solely be liable for any and all of the liability the Company or You may face due to Your failure to fulfill Your obligation.

5.2. If Your credit card expires or the information that You have provided to Us is otherwise invalid, or You make any changes to Your billing account too close in time to when We charge for any Service (so We cannot reasonably act on your changes prior to billing), then You understand that We may probably not be aware of this and We will bill the current charges on the card which We have on record. The continuation of Our Services constitutes Your authorization for Us to do so, and You remain responsible for any uncollected amounts and any charges incurred by You or Us as a result of billing to an invalid card.

6. COSTS OF COLLECTION; CREDIT CARD CHARGEBACKS

6.1. You agree to pay any reasonable costs which We incur to collect with regard to any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delayed payments may, at Our discretion, bear interest at the rate of 14% per annum or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.

6.2. If You purchase a Service with a credit card and then subsequently request Your credit card issuer to reverse that payment and We are charged a fee that may be a significant multiple of the amount which We initially received. Accordingly, in order to enable You to pay relatively minor fees with a credit card, You acknowledge and agree that We reserve the right to suspend Your access to Your Account until such time as You reimburse Us of the fee which We were charged by the card issuer.

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