Terms of service

This agreement

These terms are between you and Probalia Ventures LLC, trading as Hype Machine, 240 Harriman Road, Irvington, NY 10533, USA (“we”, “us”). By creating an account, buying something or using Hype Machine, you accept them. If you accept for a company, you confirm you’re allowed to bind it, and “you” means the company.

Our privacy policy explains how we handle personal data and how to have it erased.

Hype Machine runs on Iridiom, a software platform we also operate, so some screens and emails at app.hypemachine.co may carry the Iridiom name. For Hype Machine, these terms apply.

What Hype Machine does

• Writes posts. For each project, Hype Machine writes 5 posts a week for each of LinkedIn, Instagram, TikTok, X and Facebook, from the brand brief you give it, with a picture on the posts that carry one. You make each week when you want it; weeks that have ended can’t be made.
• Pictures. Drawn by AI in the picture style you choose, or picked From your library: your own photos and videos, described in a catalogue your own AI tool writes. Hype Machine never receives the files themselves.
• Measures accounts. It reads the public profiles and posts of accounts you add on LinkedIn, Instagram, TikTok and Facebook, yours and your competitors’, ranks your posts, and compares you with competitors on the same platform. It reads public information through third-party data providers, when you press Sync. X accounts are measured only where we’ve set that up.
• Analyses. What’s working, goal plans, competitor insights and post analysis.

Hype Machine never posts for you. You download or copy each post and publish it yourself.

Hype Machine is not affiliated with, endorsed by or run by LinkedIn, Meta, Instagram, Facebook, TikTok or X.

Your account

• You must be 18 or over. Hype Machine is for business and professional use.
• Give accurate details and keep your sign-in safe. You’re responsible for what happens under your account and in your workspace, including what other people you invite to it do there.
• Tell us straight away at webmaster@hypemachine.co if you think someone else has got into your account.
• Your sign-in. Your email address and password are kept on Iridiom, the platform Hype Machine runs on, and work on the other products that run on it too. You’re only set up in another product when you sign in there, and that product’s own terms apply to what you do in it. Changing your password changes it for all of them.

Accounts you track

• You can add any public profile on LinkedIn, Instagram, TikTok and Facebook, and on X where we’ve set that up, yours or someone else’s, to measure and compare.
• You add an account by pasting its public profile address. Hype Machine doesn’t connect to your social accounts, never asks you to sign in to a social platform, and never asks for a password.
• Hype Machine reads only what the profile shows publicly. Figures are only as complete as the platform shows them and our data providers read them.
• Accounts you mark as yours. When you add an account, you say whether it’s yours or a competitor’s, and we don’t check. The text of the best and newest posts of an account marked as yours is sent to our AI provider so the posts Hype Machine writes follow its voice. Mark an account as yours only if it’s the brand’s own, or one you manage for it.
• You’re responsible for tracking lawfully, including under data protection law where you are, and for using what you learn only to understand and improve your own social media. Don’t use it to harass, impersonate, profile or target anyone.
• We’ll remove a profile if its owner asks, without needing your agreement.
• Platforms can change what they show or block our data providers. If that happens, measuring that platform may stop working, and that is outside our control.

What the AI makes

• Hype Machine uses AI to write what it makes for you. AI can be wrong: it can misread what you gave it, state things that aren’t true, or produce something that doesn’t fit. Read everything before you rely on it or pass it on.
• What it makes is a starting point for your own judgment, not professional advice, and we don’t promise any result from using it.
• You decide what you publish or send, and you’re responsible for it, including checking that it doesn’t infringe anyone else’s rights.
• Other customers who give similar material can get similar results.
• That covers the pictures, picture descriptions and analyses as well as the posts, and any of them can also be out of date or unoriginal.
• People in pictures. Pictures often show people: the default picture style asks for real-looking people doing what the post is about. Anyone in a picture is made by the AI. It isn’t a photograph of anyone, even when it looks like one, so don’t present it as a real customer, employee or event.
• Label AI-made posts and pictures where a platform or the law requires it.
• Video posts come as a first frame and a video prompt. You make the video with your own tools.
• Some requests are refused, such as pictures of some subjects.
• Analyses and goal plans are information, not advice, and their targets are a plan, not a promise.

Acceptable use

You must not:

• break the terms or policies of a platform you publish to;
• resell or redistribute data you get through Hype Machine, or export a platform’s data where its terms forbid it;
• use Hype Machine to train an AI model;
• upload anything you don’t have the right to use, or ask for anything unlawful, infringing, deceptive or harmful;
• try to reach another customer’s data, or get around a limit, allowance or access control;
• scrape or automate Hype Machine other than through features we provide, or put unreasonable load on it;
• resell access to Hype Machine itself, or use it to build a competing product; or
• use it for anything unlawful.

Payment

Everything Hype Machine sells is a one-time payment. There’s no subscription, nothing renews, and you’re never charged again unless you buy again.

Hype Machine is sold as plans, each one payment for a year. What each costs is on the pricing page and at checkout:

• Business: 1 project for a year.
• Pro: 3 projects for a year.
• Agency: 10 projects for a year.

• Extra projects. Email webmaster@hypemachine.co to add more projects to any plan. Each is a one-time payment for a year, at the price for your plan on the pricing page. There’s no limit, and each works like any other project.
• Add-ons. Where the app offers more pictures or tracked accounts, each is a one-time purchase at the price shown before you pay, usable by any project in your workspace for a year from purchase.

• The price you pay is the one shown at checkout. Prices are in US dollars and don’t include sales tax, VAT or similar taxes. Where those apply, you pay them, either to us if the law requires us to collect them, or directly to the tax authority.
• Payments are processed by Stripe. Your card details go to Stripe and never reach us.

What a project includes, and its year

A project is one brand, client or product line. Each project includes:

• all five platforms: LinkedIn, Instagram, TikTok, X and Facebook;
• 5 posts a week on each platform;
• a picture on each post that carries one, with 3 redos per picture; and
• 20 tracked accounts, yours or competitors’, in any mix.

• Limits. Reasonable limits keep the service fair and affordable, such as how often a week can be remade or a post rewritten, how many analyses can run in a day, how often an account can be synced, and the size of uploads.
• The year. You start a project when you set it up in Hype Machine. It runs for 365 days from that day.
• Projects you haven’t started expire a year (365 days) after you bought them. An expired project can’t be started or refunded. When you start a project, it uses the unused project from your purchases that expires soonest.
• When the year ends, the project stops making new pictures and can’t add tracked accounts beyond the most it has had, unless you buy more where the app offers it. It may keep writing posts and running analyses for a while, but that isn’t part of what you paid for, and we may stop it at any time. To carry on, buy a new project. We don’t delete a project’s posts or pictures when its year ends.
• Deleting a project. You can delete a project at any time. If no picture has been made in it and no tracked account added to it, you get the project back to use again, as long as you bought it less than a year ago. Once a picture has been made or a tracked account added, you don’t. Deleting a project doesn’t erase its data; see what deleting a project removes.

Refunds

You can ask for a full refund within 14 days of a purchase if you haven’t started any project from it. Once a project from a purchase has been started, that purchase isn’t refundable, except where the law says otherwise.

• To ask, email webmaster@hypemachine.co from the address on your account within 14 days of the purchase.
• A project counts as started once you set it up in Hype Machine, even if you later delete it.
• Add-ons bought in the app can be refunded within 14 days of purchase if you haven’t used any of them.
• A refunded project. Projects not yet started from a refunded purchase can no longer be started. If we refund a purchase after a project from it has started, for example because the law requires it, that project stops making new pictures and can’t add tracked accounts beyond the most it has had. Anything it still does after that isn’t part of what you paid for, and we may stop it.
• What a refund does. It cancels what the purchase paid for, and it doesn’t delete anything already made. Anything from that purchase you haven’t used yet can no longer be used.
• If you’re a consumer. Hype Machine is sold for business and professional use. If you buy as a consumer and your local law gives you a right to cancel (in the EU and UK, 14 days), these terms don’t take that right away. To cancel under it, email webmaster@hypemachine.co within 14 days of your purchase saying you want to cancel. You don’t need to give a reason or use a form. We’ll refund you within 14 days of your message, the way you paid.
• Disputed payments. If you dispute a payment with your bank or card issuer, what that purchase paid for is suspended straight away, as with a refund. If the dispute is settled in our favor, email us and we’ll restore it.

Who owns what

• You own what you put in: your brief, files, catalogue and edits. As between you and us, you also own the posts and pictures Hype Machine makes for you, to the extent the law allows anyone to own them.
• You let us store and process what you put in, and send it to the providers who receive data, only to run Hype Machine for you.
• If what you put in includes other people’s personal data, such as a client’s brief or files, you’re responsible for having the right to share it with us for this purpose.
• Your library. If you use From your library, you’re responsible for having the right to use each photo or video in your posts, including any release from the people in it. Hype Machine reads only what your catalogue says about a file, including any usage rights you record, and can’t check it.
• Other people’s public posts stay theirs. Hype Machine shows you their numbers; it gives you no rights in their content.
• We own Hype Machine: the software, its design, the name and the logo. If you send us feedback, we may use it without owing you anything.

Availability and changes

• We work to keep Hype Machine running, but we don’t promise it will always be available or free of errors.
• We may change, add or remove features, and how what it makes looks.
• We won’t remove what a project includes (listed under What a project includes) during its year, except where a platform or data provider changes or stops what it offers, which can affect what Hype Machine can read.

Suspension and ending

• You can stop using Hype Machine at any time. To have your data erased, see deleting your data.
• We may suspend or close your account if you break these terms, if a payment is reversed or disputed, or if the law requires it. We’ll tell you why, unless the law prevents us. If we close an account for breaking these terms, there’s no refund.
• If we ever stop offering Hype Machine, we’ll email account holders first and give you time to download your posts and pictures.
• The sections on payment, refunds, who owns what, warranties and liability, your responsibility for claims, governing law and general terms still apply after this agreement ends.

Warranties and liability

• Hype Machine is provided “as is” and “as available”. To the extent the law allows, we make no promises beyond those in these terms, including about the accuracy of figures read from third-party platforms (or how complete they are), or of anything the AI makes, or about whether anything made with Hype Machine is fit for a particular purpose.
• We’re not liable for lost profits, revenue, business, data or goodwill, or for any indirect or consequential loss.
• Our total liability for all claims is limited to what you paid us in the 12 months before the claim, or $100 if you paid nothing.
• Nothing in these terms limits liability that the law doesn’t allow to be limited, such as for fraud, gross negligence or willful misconduct, or your rights as a consumer under mandatory law.

Your responsibility for claims

If someone makes a claim against us because of what you put in or published, such as an account you tracked in breach of these terms, a platform’s terms or the law, or a post you published, or because you broke these terms or the law, you’ll cover our reasonable costs and losses from it.

Governing law

These terms are governed by the law of the State of New York, USA. Disputes go to the state or federal courts in Westchester County, New York. If you’re a consumer, you keep the protection of the mandatory laws where you live and can bring a claim in your local courts.

Changes to these terms

We may update these terms. When we do, we’ll post the new version here with a new date, and the next time you use Hype Machinewe’ll ask you to accept it before you carry on. A change doesn’t take away what you’ve already paid for.

General

• These terms are the whole agreement between us about Hype Machine.
• If a court finds part of them unenforceable, the rest still applies.
• If we don’t enforce a term straight away, we can still enforce it later.
• You can’t transfer this agreement without our consent. We may transfer it to whoever takes over the business.
• We’ll send notices to the email address on your account. Send yours to webmaster@hypemachine.co.

Contact

Probalia Ventures LLC, trading as Hype Machine
240 Harriman Road, Irvington, NY 10533, USA
webmaster@hypemachine.co