Effective: 27 September 2026
1. Who we are and what these terms cover
1.1 The HypeLead service (the “Service”) is run by HypeDigitaly s.r.o., company ID (IČO) 17665655, registered office Velká Hradební 2800/54, 400 01 Ústí nad Labem, Czech Republic, entered in the Commercial Register kept by the Regional Court in Ústí nad Labem, [OWNER TO CONFIRM: section and file number of the Commercial Register entry], VAT ID [OWNER TO CONFIRM: VAT ID, if the company is VAT-registered] (“HypeDigitaly”, “we”, “us”). Contact: info@hypedigitaly.ai, phone [OWNER TO CONFIRM: customer phone number]. More company details are on /legal/company.
1.2 These terms of service (the “Terms”) govern the relationship between us and anyone who uses or orders the Service. By entering into the contract you agree to them.
1.3 The following documents are part of the Terms. We refer to them here and they are available on our website:
- Acceptable Use and Sending Policy (/legal/aup),
- Data Processing Agreement (/legal/dpa),
- Refund and Cancellation Policy (/legal/refund),
- Service Description and Technical Limits (/legal/limits),
- Sub-processor List (/legal/subprocessors).
1.4 How we process your personal data is described in the Privacy Policy (/legal/privacy). Our use of cookies is described in the Cookie Notice (/legal/cookie).
1.5 If any of the documents above differs from these Terms, these Terms prevail. On the protection of personal data that we process as a processor, the Data Processing Agreement prevails.
2. Definitions
2.1 Customer means the person who ordered the Service and entered into a contract with us. This can be a business or a consumer.
2.2 User means an individual who uses the Service within a Customer’s workspace, for example a team member.
2.3 Workspace means a Customer’s separate environment in the Service, with its own data, users and settings.
2.4 Connected Account means a third-party account that the Customer connects to the Service, for example an email mailbox, a LinkedIn account or a booking tool.
2.5 Lead Data means data about companies and people that the Service finds, enriches or reveals, including data from our data suppliers and data derived by our own system.
2.6 Customer Data means data that the Customer or its Users upload to or create in the Service, including contacts, campaigns, messages and replies.
2.7 Credits are units used in the Service to pay for selected actions, for example revealing a contact.
2.8 AI Features are parts of the Service that use artificial intelligence, for example writing message drafts, scoring fit with the ideal customer, or the in-app assistant.
2.9 Outreach means sending messages to recipients through the Service from the Customer’s Connected Accounts.
3. Who may use the Service
3.1 Both businesses and consumers may order the Service.
3.2 Only persons aged 18 or over may use the Service. You confirm this when you sign up. We do not verify age.
3.3 If you order the Service on behalf of a company or other organisation, you confirm that you are authorised to act for it.
3.4 If you are a consumer, you also have the rights described in section 15. Nothing in these Terms takes those rights away.
4. Entering into the contract and your account
4.1 The contract is formed when you complete sign-up and confirm that you accept the Terms. We store every acceptance of the Terms together with the document version, the time and technical details of the request.
4.2 Keep your login details secret. Each User has their own login. Sharing one login between several people is not allowed.
4.3 Two-factor authentication is optional. We recommend turning it on.
4.4 If we suspect that an account has been compromised, we may temporarily limit access until the matter is resolved. We will let you know.
4.5 Before you sign up, you can try the onboarding guide without an account. What happens with data during that step is described in the Privacy Policy.
5. What the Service does
5.1 The Service helps you find companies and contacts that match the ideal customer you describe, prepare outreach, send it from your own Connected Accounts, and manage replies in one place.
5.2 Outreach is available today by email and on LinkedIn. The Service does not offer other channels yet. If we add them, we will add rules for them to these Terms and to the Acceptable Use Policy.
5.3 Messages are always sent from the Customer’s Connected Accounts. We do not send on the Customer’s behalf from our own servers.
5.4 What the Service can do, its limits and what we do not promise are described in the Service Description and Technical Limits (/legal/limits).
5.5 We keep developing the Service. We may change, add or remove features. If this materially reduces a paid feature, we follow section 24.
6. Roles in processing personal data
6.1 In Outreach, the Customer is the controller of the personal data and the sender of the messages. The Customer decides whom to contact, what to write and whether to send.
6.2 We process Customer Data as a processor under the Data Processing Agreement (/legal/dpa). The Data Processing Agreement is part of the Terms and you accept it together with them.
6.3 For finding and enriching Lead Data we are an independent controller. This processing is described in the Privacy Policy.
6.4 We are also the controller of our own accounting, billing, security and operational data.
6.5 Each Customer has its own privacy notice page in the Service for its recipients. The Service links to it in messages. The Customer is responsible for the details it enters on that page.
7. Customer obligations and assurances
7.1 The Customer represents and warrants that:
- it has a valid legal basis for processing its recipients’ personal data and for contacting them,
- the contact lists it uploads to the Service were obtained lawfully,
- it holds the recipient’s consent wherever the law of the recipient’s country requires it,
- it does not upload or target special categories of personal data under Art. 9 GDPR or data about criminal offences under Art. 10 GDPR,
- it does not contact lists of consumers, meaning people who are not acting for their trade, business or profession,
- it is truthfully named as the sender in every message.
7.2 When importing contacts from a file and when signing up, the Customer confirms its legal basis in a separate statement. We store these confirmations as evidence.
7.3 The Customer complies with the Acceptable Use and Sending Policy (/legal/aup).
7.4 The Service’s data-protection tools, such as the unsubscribe list, the privacy notice page or the warnings for countries that require consent, are operational tools. They are not legal advice. The Customer is responsible for complying with the law in its Outreach.
8. Connected Accounts and third-party platforms
8.1 You can connect email mailboxes (for example Google Workspace or Gmail, Microsoft 365, or other mailboxes over IMAP), a LinkedIn account and a booking tool to the Service.
8.2 Connected Accounts belong to the Customer. The Customer must comply with the terms of their providers.
8.3 LinkedIn and other platforms may restrict or block an account that they believe breaks their rules. The Customer bears this risk. The Service tries to reduce it through the pace and limits of actions. We warn about risky behaviour, but we cannot block everything and we do not guarantee that no restriction will happen.
8.4 The connection to a LinkedIn account is provided by our supplier named in the Sub-processor List.
8.5 We are not responsible for the availability of, or changes to, third-party services. If a third party changes its interface or terms, part of the Service may change temporarily or permanently.
9. Mailbox warm-up
9.1 Every connected email mailbox automatically joins a shared warm-up pool. Membership is a condition for sending campaigns from the Service.
9.2 In the pool, mailboxes of different customers of the Service automatically send each other short business emails written by artificial intelligence and handle them as a person would: they find them, move them out of spam, read them and sometimes reply.
9.3 Other pool members will therefore see your mailbox address and display name. Warm-up email content is generated and contains no real company names and none of your business data.
9.4 You can pause warm-up for an individual mailbox. Pool membership ends when you disconnect the mailbox. The Service may limit campaign sending from a mailbox until warm-up shows that it is ready.
9.5 The warm-up rules and limits are described in the Service Description and Technical Limits.
10. Lead Data
10.1 Lead Data comes from our data suppliers, from public registers, from public websites and from derivation by our own system, for example guessing the pattern of an email address. We name the sources in the Privacy Policy and in the Sub-processor List.
10.2 Lead Data is provided as is. It may be incomplete, out of date or wrong.
10.3 By default, the Service does not reveal or use personal addresses at free email providers.
10.4 You may use Lead Data only for your own business outreach within the Service. You may not resell, rent or otherwise provide it to third parties as a database.
10.5 If a person objects or unsubscribes, the Service adds them to the unsubscribe list, which cannot be switched off. This list applies to all channels.
11. AI addendum
11.1 AI Features are the Customer’s tool. The Customer decides whether and how to use them and supervises them.
11.2 By default, a person approves every message before it is sent. Automatic sending without approval is off by default.
11.3 If the Customer turns automatic sending on, every message sent that way is treated as the Customer’s own instruction. We record the switch-on and every such send.
11.4 We mark emails with content created by artificial intelligence in a machine-readable way in the message header. On LinkedIn this technical marking is not possible today because the platform offers no place for it.
11.5 Output of AI Features may be inaccurate, incomplete or unsuitable. Check it before you use it.
11.6 The ideal-customer fit score is decision support only. A person decides whom to contact.
11.7 We comply with the obligations that Regulation (EU) 2024/1689 (the AI Act) places on us as the provider of an AI system. This addendum does not exclude any of them.
11.8 More about how AI Features work is on /legal/ai.
12. Acceptable use
12.1 The Acceptable Use and Sending Policy (/legal/aup) is part of the Terms. Breaking it is a breach of the contract.
13. Plans, Credits and payment
13.1 Prices and plan contents are shown on the pricing page and in the app before you order. Prices are in US dollars excluding tax. Tax is added based on the buyer’s location.
13.2 A subscription renews automatically for the next period (month or year) until you cancel it. Before you order you will always see what recurs, how often and at what price.
13.3 Seller. Subscriptions are sold by Stripe as merchant of record under Stripe Managed Payments. At payment the purchase appears as “Sold through Link”. Stripe handles the payment, the invoice and refunds. The purchase is also subject to the Stripe and Link terms you accept at payment.
13.4 Trial. A new Customer may get a trial of the length and scope shown in the app. A trial is available only once per person, email address and payment card. If you added a payment card for the trial, the subscription automatically becomes paid at the end of the trial and the card is charged the price of the chosen plan, unless you cancel before then. We will send you a reminder before the first charge.
13.5 Credits. Each plan includes a monthly allowance of Credits. Unused Credits from the allowance do not roll over to the next period. The app shows how many Credits an action costs before it runs. Sending an email costs no Credits. If an action fails on our side, we return the Credits.
13.6 Where the Service offers extra Credit packs, purchased Credits do not expire while the subscription runs. After the subscription is cancelled, we refund unused purchased Credits or you can still use them for 30 days, as described in the Refund Policy.
13.7 Credits have no cash value, cannot be transferred to another Customer and cannot be exchanged for money, except for refunds under the Refund Policy.
13.8 Plan changes. An upgrade applies immediately. A downgrade applies from the next period.
13.9 Failed payment. If a payment fails, the Workspace switches to read-only mode. You will see your data, but actions that change or send anything are blocked until the payment goes through.
13.10 We may change prices. We will announce a price change in advance and it applies from the next period at the earliest. If you do not agree, you can cancel the subscription before the change takes effect.
14. Cancellation and refunds
14.1 You can cancel your subscription at any time in the app under Settings, Billing. Cancellation takes effect at the end of the paid period. Until then you can keep using the Service.
14.2 Refunds are governed by the Refund and Cancellation Policy (/legal/refund).
15. Consumer rights
15.1 This section applies only to Customers who are consumers.
15.2 Withdrawal. As a consumer you may withdraw from a contract concluded at a distance without giving a reason within 14 days of the day it was concluded. If a trial becomes a paid subscription, a new 14-day period runs from the day of the first charge.
15.3 If you asked for the Service to start during the withdrawal period and you then withdraw, you pay a proportionate part of the price for the time you had the Service until withdrawal and for the Credits you used until then. We refund the rest. We ask you expressly at the time of order whether the Service should start during the withdrawal period.
15.4 You can send your withdrawal by email to info@hypedigitaly.ai or by any other clear statement. You may use this model:
Notice of withdrawal
To: HypeDigitaly s.r.o., Velká Hradební 2800/54, 400 01 Ústí nad Labem, Czech Republic, info@hypedigitaly.ai
I hereby give notice that I withdraw from the contract for the HypeLead service.
Date the contract was concluded: …
Name: …
Account email: …
Address: …
Date: …
15.5 The money is refunded by Stripe as the seller, using the same payment method you used, no later than 14 days after we receive your withdrawal. We request the refund; you do not need to contact Stripe yourself.
15.6 Complaints. If the Service does not work as it should, write to us at info@hypedigitaly.ai. We handle a complaint without undue delay and within 30 days at the latest.
15.7 Out-of-court dispute resolution. If a dispute cannot be resolved with us, you can turn to the Czech Trade Inspection Authority (Česká obchodní inspekce), which is the body for out-of-court resolution of consumer disputes (www.coi.cz). You also have the right to go to court.
15.8 Compliance with consumer protection duties is supervised by the Czech Trade Inspection Authority.
16. Suspension and termination
16.1 You can end the contract at any time by cancelling your subscription and deleting your Workspace. Ending the contract does not affect rights and obligations that arose before it.
16.2 We may limit or suspend the Service if:
- you break the Terms or the Acceptable Use Policy,
- it is necessary to protect recipients, other customers, the Service or our reputation with email providers,
- the law or an authority’s decision requires it,
- a payment has not been made.
16.3 We choose the scope of a limitation proportionately, for example we pause one campaign or mailbox before the whole account. We tell you the reason under section 18.
16.4 We may terminate the contract with 30 days’ notice. In case of a serious breach of the Terms we may end it immediately. If we end the contract without a breach on your part, we refund the proportionate part of the prepaid period.
16.5 What happens to data. After termination we keep the Workspace data for 30 days. During that time you can export it. After that we delete it permanently. Backups are overwritten gradually within 30 days.
16.6 After deletion we keep only data that we must or may keep: the unsubscribe list (so that unsubscribes keep working), records of consents and confirmations, audit records (with personal data made unreadable), accounting and payment records for the period required by law, and the record that you have already used a trial. Details are in the Privacy Policy.
17. Switching to another provider and data export
17.1 This section fulfils the obligations under Regulation (EU) 2023/2854 (the Data Act).
17.2 You can ask to switch to another provider or to your own infrastructure at any time by email to info@hypedigitaly.ai. The notice period for this purpose does not exceed 2 months.
17.3 After your notice, a 30-day transition period begins. During it we keep providing the Service, help with the transfer, and you can export your data.
17.4 You can export contacts, companies and other data that the app offers for export in CSV format. On request we will hand over other data you put into or created in the Service in a common machine-readable format. [OWNER TO CONFIRM: full list of exportable data categories and formats under Art. 26 of the Data Act]
17.5 We charge no fees for switching or export.
17.6 After the transition period ends, we delete the data under section 16.5.
18. Content moderation and notices
18.1 We run the Service as a hosting service under Regulation (EU) 2022/2065 (the Digital Services Act). This section describes how we handle content.
18.2 We may restrict content or activity that is illegal or breaks the Acceptable Use Policy. A restriction may mean a warning, pausing a campaign, a mailbox or sending, removing content, or suspending or terminating an account.
18.3 Some restrictions are triggered by automated tools, for example pausing a mailbox when the share of undelivered messages or complaints is high. Decisions to suspend or terminate an account are made by a person.
18.4 Anyone can notify us of illegal content or misuse of the Service using the procedure on /legal/report. We review notices in a timely, diligent and objective way and tell the notifier the outcome.
18.5 If we restrict your content or account, we send you a statement of reasons. It says what we restricted, the facts we relied on, which rule or law applies, whether the decision was automated and how you can challenge it.
18.6 You can challenge a decision by replying to our statement of reasons or by email to info@hypedigitaly.ai. Where possible, a person who did not make the original decision reviews your challenge. You can always go to court.
19. Intellectual property and feedback
19.1 The Service, its software, design and brand belong to us or our licensors. For the term of the contract we grant you a non-exclusive, non-transferable right to use the Service under the Terms.
19.2 Customer Data belongs to the Customer. We use it only to provide the Service and in line with the Data Processing Agreement.
19.3 We may create and use anonymous aggregate statistics about the use of the Service from which neither the Customer nor any person can be identified.
19.4 If you send us an idea or feedback, we may use it freely to improve the Service, without any payment.
19.5 You may not copy the Service, reverse engineer it, scrape its content automatically or get around its technical limits, unless the law allows it.
20. Confidentiality
20.1 Each party protects the other party’s confidential information obtained in connection with the contract and uses it only to perform the contract.
20.2 This duty does not apply to information that is public, lawfully obtained elsewhere, or that must be disclosed by law or by an authority.
20.3 This duty continues for 3 years after the contract ends.
21. Warranties and their limits
21.1 We provide the Service with professional care. We do not promise specific results, for example a number of replies or meetings.
21.2 We do not guarantee that messages will reach the recipient’s inbox. Delivery is decided by email and platform providers.
21.3 The accuracy of Lead Data and of AI Feature output is limited, as described in the Service Description and Technical Limits.
21.4 For consumers, statutory rights for defective performance apply in full.
22. Liability
22.1 We are liable for damage we cause by breaching the contract or the law.
22.2 For businesses, our total liability for all damage under the contract is limited to the amount the Customer paid us for the Service (including payments made through Stripe) in the 12 months before the event that caused the damage. For businesses we are not liable for lost profit or indirect damage.
22.3 The limit in section 22.2 does not apply to damage caused intentionally or by gross negligence, to harm to a person’s natural rights such as life and health, or to any other liability that cannot be limited by law.
22.4 For consumers, limits of liability apply only to the extent the law allows.
22.5 We are not liable for damage caused by the Customer’s breach of the Terms, the content of its messages, its choice of recipients, decisions of third parties (for example a restriction of a LinkedIn account) or outages of third-party services beyond our control.
23. Indemnity
23.1 A Customer that is a business indemnifies us against third-party claims, fines and reasonable costs arising from its Outreach, from Customer Data, or from its breach of the Terms or the law.
23.2 We inform the Customer of such a claim without undue delay and give it the opportunity to comment.
23.3 For consumers, this section applies only to the extent the law allows.
24. Changes to the Terms
24.1 We may change the Terms, for example because of a change to the Service, the law or security.
24.2 We will announce a material change by email or in the app at least 30 days in advance. The next time you enter the app after the change takes effect, you will need to accept the new version, otherwise you will not be able to keep using the Service.
24.3 If you do not agree with a material change, you can terminate the contract without a fee before it takes effect. If you prepaid the subscription, we refund the proportionate part for the time after the termination takes effect.
24.4 We announce minor changes that do not reduce your rights (for example correcting a typo or clarifying wording) in the app, and they apply from publication.
24.5 We may make a change required by law or necessary to prevent a security risk at shorter notice. We will state the reason.
24.6 All versions of the Terms remain available at permanent links.
25. Governing law, courts and complaints
25.1 The contract is governed by the law of the Czech Republic.
25.2 If you are a consumer living in another EU country, this choice of law does not deprive you of the protection given to you by the mandatory rules of the law of your country.
25.3 Disputes with businesses are decided by the Czech courts that have jurisdiction for our registered office.
25.4 A consumer may sue in the courts of the country where they live or in the Czech courts. Proceedings against a consumer may be brought only in the courts of the country where the consumer lives.
26. Language
26.1 The Terms are available in Czech and English.
26.2 If the language versions differ, the Czech version prevails for consumers living in the Czech Republic. In all other cases both versions have equal weight. In a dispute before a Czech court, the Czech version is used.
27. Final provisions
27.1 If any provision is invalid or unenforceable, the other provisions remain in force. We will replace the invalid provision with one that comes as close to it as possible.
27.2 We may transfer our rights and obligations under the contract to another company as part of a transfer of the Service. We will tell you in advance. If you are a consumer and the transfer would put you in a worse position, you can end the contract without a fee.
27.3 We send notices to you at the account email or in the app. Send notices to us at info@hypedigitaly.ai.
27.4 We are not liable for failure to perform caused by circumstances beyond our control that we could not reasonably foresee or prevent, for example an outage of third-party infrastructure, a natural disaster or an act of an authority.