Website Terms of Use
hyperpersonalised.com - terms governing use of the marketing website
1. About these terms
These terms ("Terms") govern your use of the website located at hyperpersonalised.com and any sub-domains operated by Struan.ai Ltd ("we", "us", "our"). They apply to anyone who visits, browses, requests information from or otherwise interacts with the website, including by submitting a demo request or signing up for a newsletter ("you"). By using the website you agree to these Terms.
These Terms do not govern the supply of the Hyper platform itself. If you are a paying customer of Hyper, the supply of the platform is governed by the Master Services Agreement (HYP-CON-001) and its Schedules, which prevail over these Terms in respect of the platform.
2. Who we are
Struan.ai Ltd is a private company limited by shares incorporated in Scotland under company number SC858161. You can contact us at [email protected] for general queries and at [email protected] for privacy queries.
Note: tryhyper.ai redirects to hyperpersonalised.com. Both domains are operated by Struan.ai Ltd.
3. Permitted use of the website
- You may use the website to learn about us and our products, to read our content, to request a demonstration of the Hyper platform, to subscribe to communications we offer and to contact us.
- You may use the website only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit the use of the website by, any other person.
- You are responsible for ensuring that any information you submit through the website is accurate, lawful, free of malicious code and not confidential to a third party who has not authorised disclosure to us.
4. Prohibited activity
- You must not:
- use the website in any way that breaches any applicable law or regulation;
- use the website to send unsolicited commercial communications, to harvest personal data of others or for any other unlawful or fraudulent purpose;
- attempt to gain unauthorised access to the website, the server on which it is hosted, or any computer or database connected to it;
- introduce any virus, trojan, worm, logic bomb or other technologically harmful material;
- subject the website to any denial-of-service attack, attempt to overload it or interfere with its proper operation;
- scrape, copy, mirror, frame, harvest or systematically extract any content from the website without our prior written consent, except for limited personal browsing or for the operation of bona fide search engine indexing;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any software made available through the website;
- circumvent any technical or other measure we use to protect the website or any content; or
- use the website in a manner that could damage, disable, overburden or impair our infrastructure or the experience of other users.
5. Demo requests, contact forms and communications
- If you submit a demo request, contact form, newsletter signup or other form on the website, you confirm that the information you provide is accurate and that you are authorised to provide it. We will use that information in accordance with our Privacy Notice (HYP-POL-001).
- Submitting a form does not create a binding offer or contract for the supply of the Hyper platform. Any supply of the Hyper platform requires a separate signed Master Services Agreement (HYP-CON-001).
- We do not currently offer self-service paid signup through the website. If and when we do, the relevant click-through customer terms will be presented at signup.
6. Intellectual property
- The website, including its content, design, layout, structure, look and feel, source code, brand names, logos, images, video, copy and product names, is owned by Struan.ai Ltd or its licensors and is protected by copyright, trade mark and other intellectual property laws.
- You may view and download content from the website for your own internal, non-commercial business evaluation of our products. You may not otherwise reproduce, republish, modify, distribute, sell, licence, frame, scrape or create derivative works from the website or its content without our prior written consent.
- "Hyper", "hyperpersonalised.com", "Struan", the Struan device and any other brand identifiers used on the website are trade marks of Struan.ai Ltd. You must not use them without our prior written consent.
7. AI-generated content on the website
Some content on the website, including parts of personalised landing pages reached via outbound links, is generated or assisted by artificial intelligence systems. We make reasonable efforts to ensure that AI-generated content is accurate and not misleading, but it should not be relied upon as advice. Where required by Article 50 of the EU AI Act or by other applicable law, we identify content as AI-generated.
8. Third-party links and content
The website may contain links to and content from third-party websites and services. Those third parties are independent of us and we do not control their content, terms or practices. We are not responsible for the availability, accuracy, lawfulness, security or content of any third-party site or service. Following a third-party link is at your own risk.
9. Privacy and cookies
Our use of personal data is described in our Privacy Notice (HYP-POL-001). Our use of cookies and similar technologies is described in our Cookie and Tracking Technologies Notice (HYP-POL-002) and managed through the consent banner. You should read both before submitting any information through the website.
10. No professional advice
The website is for general information and product marketing only. Nothing on the website constitutes legal, regulatory, tax, financial, investment or professional advice, and you should not rely on the website as a substitute for advice from a qualified professional.
11. Disclaimers
- The website is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we exclude all representations, warranties, conditions and undertakings, express or implied, in respect of the website and its content, including but not limited to:
- any warranty as to the accuracy, completeness, currency, fitness for purpose, satisfactory quality or non-infringement of any content;
- any warranty that the website will be uninterrupted, timely, secure or error-free, or that defects will be corrected;
- any warranty as to the performance, claimed benefits, response rates, deliverability outcomes or other commercial results that can be achieved by use of the Hyper platform; and
- any warranty that the website or its content is suitable for use in any particular jurisdiction.
12. Limitation of liability
- Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded under applicable law.
- Subject to clause 12.1, we do not accept any liability to you for any loss or damage arising out of or in connection with your use of the website, whether in contract, delict, statute or otherwise, including:
- loss of profits, revenue, sales, savings, goodwill, contracts, opportunity, customers or business;
- loss or corruption of data;
- any indirect or consequential loss; and
- any loss arising from reliance on any content on the website.
- Subject to clause 12.1, our total aggregate liability to you under or in connection with these Terms is limited to the higher of (a) GBP 100 and (b) the fees you have paid us, if any, in respect of your use of the website in the 12 months preceding the event giving rise to the liability.
- We do not exclude or limit any liability that arises under the Master Services Agreement; that liability is governed by the Master Services Agreement and not by these Terms.
13. Your indemnity
You will indemnify and hold harmless Struan.ai Ltd, its officers, employees and contractors against all losses, damages, costs (including reasonable legal costs on a full indemnity basis), expenses, fines, penalties and liabilities arising out of or in connection with any breach by you of these Terms, any unlawful use of the website by you, or any claim by a third party arising out of the same.
14. Suspension and termination of access
- We may suspend, restrict or terminate your access to the website at any time and without notice if we reasonably believe that you have breached these Terms or are likely to do so, or if we are required to do so by applicable law or by an order of a competent authority.
- We may also discontinue, modify or replace the website, or any part of it, at any time without notice.
15. Changes to these Terms
We may update these Terms from time to time. The current version, version number and effective date are shown on the first page. Material changes take effect when the updated Terms are published on the website. Your continued use of the website after a change takes effect is acceptance of the change.
16. General
- These Terms (together with the Privacy Notice and the Cookie Notice referenced above) are the entire agreement between you and us in respect of your use of the website.
- If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, the rest of these Terms continue in force.
- A failure or delay by us in exercising any right or remedy under these Terms is not a waiver of that right or remedy.
- You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
- Nothing in these Terms creates a partnership, agency or joint venture between us and you, or confers any rights on any third party (and the Contract (Third Party Rights) (Scotland) Act 2017 does not apply to these Terms).
17. Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by Scots law. The Scottish courts have exclusive jurisdiction to settle any such dispute or claim, save that we may bring proceedings in any jurisdiction in which you are resident or have assets to enforce these Terms or to recover any sums due to us.
18. Contact
Questions about these Terms: [email protected]. Privacy queries: [email protected].