Terms of sale and use

1. Purpose and acceptance

The Terms set out the rights and obligations of Hypepen and of anyone who creates an account or subscribes (the “Customer” or “you”). They apply to consumers and to professionals, with the rules specific to each set out below.

By ticking the acceptance box, you confirm that you have read and accepted the Terms, the privacy policy and the list of subprocessors. The accepted version is recorded with its date.

The Terms prevail over any other document, including a professional Customer’s purchasing terms, unless agreed in writing and signed by Hypepen.

2. Provider and contact

The service is provided by Hypepen, a French sole proprietorship (EI), SIRET 940 859 457 00019, VAT not applicable (article 293 B of the French General Tax Code). Address provided on request at contact@hypepen.com.

Support, complaints and withdrawal: support@hypepen.com. Any other request: contact@hypepen.com.

3. Definitions

Service: the hypepen.com website and the Hypepen app, with all their features.

Account: the Customer’s personal space. X Account: the Customer’s account on the X network, connected to the Service through X’s official access.

Subscription: the paid subscription to a plan (Discovery, Pro or Max), monthly or yearly.

Content: the texts, images, data and information the Customer provides, creates or publishes with the Service, including drafts suggested by Hypepen.

Consumer: an individual acting for purposes outside their trade, business, craft or profession. Professional: anyone else.

4. Access to the Service and account

The Service is reserved for people aged 18 or over with full legal capacity. By creating an account, you confirm that you meet these conditions.

You provide accurate, up to date information and you alone are responsible for keeping your login details confidential. Any action taken from your account is deemed taken by you. Tell support@hypepen.com immediately about any unauthorised access. Two-factor authentication is available and recommended.

An account is personal. Sharing an account between several people, or beyond the number of X accounts allowed by the plan, is prohibited.

5. Description of the Service

Hypepen analyses the X Account’s posts, helps define an editorial line, suggests drafts of posts, threads, replies and articles, schedules them and publishes them on the X Account when the Customer approves them, or on the slots the Customer has set to automatic publishing. Hypepen also provides statistics, estimates and experiments on the Customer’s posts.

The Service only uses X’s official access. It never publishes, replies, likes, follows or sends a direct message without an action by the Customer, except on the automatic publishing slots and the automatic repost of the Customer’s own posts, both of which the Customer turns on.

The features and quotas of each plan are described on the Pricing page, which forms part of the Terms. The Service evolves: Hypepen may add, change or remove a feature to improve it, for security reasons or to follow X’s rules and access, without substantially reducing what the current Subscription includes without informing you.

6. Prices and quotas

Prices are shown on the Pricing page, in euros on the French version of the website and in US dollars on the English version. VAT not applicable, article 293 B of the French General Tax Code: the displayed price is the price paid, with no tax added by Hypepen. The currency chosen at the first payment remains the Subscription’s currency.

Each plan includes fixed quotas, written as numbers (published posts, suggestions written by Hypepen, mentions read, replies, illustrations, articles). A post containing a link counts as 5 posts. Quotas renew each period and do not carry over. Reaching a quota never costs extra: the feature resumes at the next period, or immediately with a higher plan.

Your Subscription price stays the same as long as it remains active. Hypepen may change its prices for new subscriptions. A price change on a current Subscription only applies from the next renewal, after notice by email at least 30 days before; you can then cancel at no cost before the renewal.

7. Order and formation of the contract

Subscribing is done online: choice of plan and period, acceptance of the Terms, request for immediate access to the Service (see article 11), then payment. The contract is formed when the payment is confirmed.

A confirmation is sent by email with the Subscription summary. Invoices are available at any time in Settings, Billing. The accepted Terms remain available on the website and are archived by Hypepen.

The electronic records of Hypepen and of its payment provider are evidence of exchanges, orders and payments, unless proven otherwise.

8. Payment, renewal and late payment

Payment is made by card, through the payment provider Stripe. Hypepen never has access to card numbers.

The Subscription renews automatically at the end of each period, at your Subscription’s current price, until it is cancelled. For a yearly Subscription, a reminder is sent by email before renewal, with the date and amount.

If a payment fails, reminders are sent. The Service stays open for 7 days, then switches to read only (no more publishing or writing by Hypepen). Without payment, the Subscription may be terminated. Your data is kept as described in the privacy policy.

Professional Customer: any amount unpaid when due bears interest by operation of law at the European Central Bank’s most recent refinancing rate plus 10 percentage points, plus a fixed recovery fee of €40 (articles L441-10 and D441-5 of the French Commercial Code).

9. Changing plans

Moving to a higher plan, or from monthly to yearly: immediate. The difference is calculated pro rata for the remaining time and paid right away; the unused part of the previous plan is deducted.

Moving to a lower plan, or from yearly to monthly: at the end of the current period. The current plan stays active until then, with no refund of the difference.

Any credit resulting from a plan change is applied to the following invoices; it is not refunded in cash.

If the new plan allows fewer X accounts, the extra accounts are paused and you have 7 days to choose which ones to keep; after that, paused accounts are disconnected.

10. Term and cancellation by the Customer

The Subscription is concluded for the chosen period (one month or one year) and renews for identical periods.

You can cancel at any time in Settings, Billing, in a few clicks, or by writing to support@hypepen.com. Cancellation takes effect at the end of the period already paid: the Service stays available until then and no new charge is made.

Any period started is due and is not refunded, except when the right of withdrawal is exercised (article 11) or where the law provides otherwise.

11. Right of withdrawal (consumers)

If you are a consumer, you have 14 days from subscribing to withdraw, without giving a reason and without penalty (articles L221-18 and following of the French Consumer Code).

Because the Service is provided immediately, you expressly request, before payment, access to it before the end of the withdrawal period: this request is made by choosing your plan, under the notice that says so, and it is recorded with its date. If you withdraw, you then only pay the amount corresponding to the service provided until your withdrawal, calculated pro rata; the rest is refunded within 14 days, using the payment method you used (article L221-25 of the French Consumer Code).

To withdraw: use the button provided in Settings, Billing, throughout the period, or send a clear statement to support@hypepen.com, for example: “I hereby give notice that I withdraw from my Hypepen subscription contract taken out on [date], in the name of [name], account email [email].” An acknowledgement is sent to you by email.

The right of withdrawal only applies to the first subscription to a Subscription, not to its renewals, and does not apply to professional Customers.

12. No refund outside the cases provided

Except for the right of withdrawal and the legal guarantees, no refund is due: not for a period started, not for unused quotas, not for a plan downgrade, and not in case of suspension or termination due to the Customer’s breach of the Terms.

An unavailability of the Service attributable to Hypepen and of exceptional length may, at Hypepen’s sole discretion, give rise to a goodwill gesture (usage or a period offered), without any admission of liability.

13. Legal guarantees (consumers)

Hypepen must provide a Service that complies with the contract. Consumers benefit from the legal guarantee of conformity for digital content and services (articles L224-25-12 and following of the French Consumer Code): in case of non-conformity, they can have the Service brought into conformity, then, failing that, obtain a price reduction or terminate the contract, under the conditions set by law.

To use it, write to support@hypepen.com describing the defect.

14. Acceptable use

You agree to use the Service in accordance with the law, the Terms and X’s rules (X’s terms of service, rules and policies), which you alone are responsible for respecting on your X Account.

In particular, you must not: publish unlawful, defamatory, abusive, hateful, violent, pornographic or misleading content, or content that infringes the rights of others; harass, impersonate, spam or artificially manipulate engagement; circumvent quotas, security measures or technical limits; extract, copy or resell the Service or its data; reverse engineer it; use it to build a competing service; introduce malicious code; use it in an automated way outside the features provided.

Hypepen may refuse to process manifestly unlawful Content and suspend a feature used in breach of these rules.

15. Your Content

You keep the rights to your Content. You grant Hypepen, for the duration and purposes of the Service only, a non exclusive, free, worldwide licence to host, reproduce, process, adapt and transmit it to X and to the listed subprocessors, in order to provide the Service to you.

You are the author and sole editorial owner of what you publish with Hypepen, including drafts suggested by Hypepen that you approve with or without changes, replies sent and automatic publications you scheduled. You warrant that you hold the rights to the Content you provide (texts, images, links) and indemnify Hypepen against any third party claim in this respect.

When you add a generated illustration, the box “Tell X the image is AI-generated” is ticked by default. Unticking it is your sole responsibility.

16. Texts written by Hypepen, estimates and results

The drafts, replies, ideas, illustrations and articles suggested by Hypepen are produced automatically by a writing model from your data. They may contain errors, inaccuracies or unsuitable wording: you must review them before publishing.

Statistics, best times, view or click forecasts, Lab verdicts, scores and recommendations are estimates calculated from past data. They are given for information only and are neither a promise nor a guarantee of results.

Hypepen guarantees no result in followers, views, engagement, customers or revenue. The Service is a support tool: success on X depends on many factors outside Hypepen’s control, in particular X’s algorithm and decisions.

17. Dependence on X and third party services

The Service depends on X’s official access and its conditions, which X may change, limit, charge for or interrupt at any time. Hypepen cannot be held liable for a change, limitation or interruption decided by X, nor for its consequences on the Service, and may adapt, restrict or remove the features concerned.

Hypepen is not liable for X’s decisions about your X Account (restriction, suspension, reduced visibility, content removal), nor for a delay or refusal of publication by X. In that case, the draft is not lost and you are notified.

If you disconnect your X Account or X revokes access, the features that depend on it are suspended until it is reconnected, without the Subscription being suspended.

18. Availability and maintenance

Hypepen uses reasonable means to make the Service available 24 hours a day, 7 days a week, under an obligation of means. The Service may be interrupted for maintenance, updates, security or a provider outage. Hypepen tries to give advance notice of major scheduled maintenance.

You are responsible for your equipment, your internet connection and for keeping your own copies of important Content. Your data export is available at any time in Settings, Data.

19. Liability

Hypepen is liable for direct damage caused by a proven breach of its obligations. Hypepen is not liable for damage resulting from a fault of the Customer, a third party or X, from force majeure, or from use of the Service not in accordance with the Terms.

Professional Customer: Hypepen is in no event liable for indirect or intangible damage, in particular loss of revenue, customers, audience, followers, data or opportunity, or damage to reputation. Hypepen’s total liability, for all causes combined, is limited to the amounts actually paid by the Customer for the Subscription in the 12 months preceding the event giving rise to the claim.

Consumer Customer: Hypepen’s liability is assessed within the limits set by law. No clause of the Terms excludes or limits Hypepen’s liability for gross negligence or wilful misconduct, personal injury, or where the law prohibits it.

20. Suspension and termination by Hypepen

In case of breach of the Terms, in particular article 14, Hypepen may, after a formal notice by email that remains unanswered for 8 days, suspend or terminate the Subscription. In case of serious breach (manifestly unlawful content, fraud, harm to the Service’s security or to the rights of others, use contrary to X’s rules exposing Hypepen), suspension may be immediate.

Termination for the Customer’s breach gives no right to a refund, subject to the rights consumers have under the law.

Hypepen may also stop providing the Service to all its Customers, with at least 30 days’ notice; the paid and unused part of the Subscription is then refunded pro rata.

21. Personal data

Hypepen processes personal data to provide the Service, in compliance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act. Details of the processing, retention periods and your rights are in the privacy policy; the list of subprocessors is published and kept up to date.

22. Hypepen’s intellectual property

The Service, its software, interface, texts, trademarks and databases belong to Hypepen. The Subscription gives you a personal, non exclusive, non transferable right, limited to its duration, to use the Service for your own needs. No other right is granted.

23. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code, in particular a general network outage, a decision by an authority, a large scale cyberattack, a hosting provider failure or an interruption of X’s access. If the event lasts more than 30 days, either party may terminate the Subscription by email.

24. Changes to the Terms

Hypepen may change the Terms, in particular to follow changes in the Service, the law or X’s rules. New Terms are published on the website with their date and notified by email at least 30 days before they take effect for current Subscriptions.

If you refuse them, you can cancel at no cost before they take effect; otherwise, they apply from that date, and at the latest from the next renewal. Changes required by law or by X may apply immediately.

25. Complaints

Any complaint goes to support@hypepen.com, with a description of the problem and the account email. Hypepen answers as quickly as possible, and within 30 days at the latest.

26. Consumer mediation

Consumers: in the event of an unresolved dispute, the consumer may use, free of charge, the consumer mediator MÉDIATION CONSOMMATION DÉVELOPPEMENT (MED CONSO DEV), on its website www.medconsodev.eu or by post at the address given in the legal notice, within one year of their written complaint.

Mediator’s postal address: MÉDIATION CONSOMMATION DÉVELOPPEMENT, Centre d’Affaires Stéphanois, Immeuble l’Horizon, Esplanade de France, 3 rue J. Constant Milleret, 42000 Saint-Étienne, France.

27. Governing law and jurisdiction

The Terms are governed by French law.

Consumer Customer: failing an amicable solution or mediation, the dispute is brought before the competent court under the legal rules; the consumer may in particular go to the court of the place where they lived when the contract was concluded. A consumer living in another European Union country keeps the protection of the mandatory provisions of the law of their country of residence.

Professional Customer: any dispute relating to the formation, performance, interpretation or termination of the Terms falls under the exclusive jurisdiction of the courts of Bordeaux, France, including for summary proceedings, multiple defendants or third party claims.

28. Miscellaneous

If a clause of the Terms is declared void or unenforceable, the other clauses remain in force. Hypepen’s failure to rely on a breach does not waive its right to rely on it later.

Hypepen may transfer the contract to a third party taking over the Service, after informing you; your rights under the Terms are preserved.

The Terms are written in French. An English translation is provided for information; in case of difference, the French version prevails.