Terms of Service

Welcome to Hyperistic. These Terms of Service (“Terms”) govern your access to and use of the website hyperistic.pics and all related services operated by Hyperistic (“we,” “us,” or “our”). By creating an account or using the Service you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old (or the age of digital consent in your country, whichever is higher) to use the Service. By using the Service, you represent that you meet this requirement. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Service Description

Hyperistic provides AI-powered photo enhancement through a web-based platform. Features include:

• AI image-to-image transformation using third-party AI APIs
• Pre-configured enhancement styles for various use cases (e-commerce, food, real estate, etc.)
• Custom prompt-based editing
• Bulk processing of multiple images
• Cloud-based storage and history for your results

The Service is provided on an “as is” basis and features may change or be removed at any time with reasonable notice.

3. Accounts

When creating and maintaining an account you agree to:

• Provide accurate and up-to-date information
• Keep your login credentials confidential
• Be solely responsible for all activity that occurs under your account
• Notify us immediately at studio@hyperistic.pics if you become aware of any unauthorised access

We reserve the right to disable or delete accounts that are inactive for more than 12 months or that violate these Terms.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of others. You must NOT:

• Upload images that are illegal, defamatory, obscene, or that infringe third-party intellectual property rights
• Upload images containing identifiable minors without the consent of a parent or guardian
• Generate or distribute non-consensual intimate imagery or synthetic media designed to deceive (deepfakes)
• Use the Service to harass, threaten, or harm any individual or group
• Attempt to circumvent, reverse-engineer, or extract the underlying AI models or our proprietary technology
• Resell, sublicense, or offer access to the Service as a standalone product without our prior written consent
• Use automated bots, scrapers, or scripts to access or abuse the Service
• Violate any applicable local, national, or international law or regulation

5. Your Content & Our Limited Licence

5.1 Ownership of Your Uploads

You retain all ownership rights in the original images you upload (“Input Content”). You represent and warrant that you have all necessary rights, licences, and permissions to upload and process those images through the Service.

5.2 Limited Licence to Us

By uploading Input Content, you grant Hyperistic a limited, non-exclusive, royalty-free licence to store, transmit, and process that content solely for the purpose of providing the Service to you. We do not claim ownership over your Input Content and will not use it for any other purpose.

5.3 AI-Enhanced Output

The AI-enhanced images produced by the Service (“Output Content”) are generated using third-party AI technology (currently provided by Black Forest Labs). We make no representation or warranty regarding the copyright status of AI-generated outputs under applicable law, which continues to evolve. You are responsible for determining whether and how you may use Output Content in your jurisdiction and for your intended purpose. We do not claim ownership of your Output Content, and you use it at your own discretion and risk.

5.4 Our Intellectual Property

All content on the platform that is not your Input or Output Content — including our name, logo, design, software, presets, and text — is owned by or licensed to Hyperistic and protected by applicable intellectual property laws. You may not copy, reproduce, or create derivative works from our proprietary content without our express written consent.

6. Credits, Subscriptions & Payments

6.1 Credit System

• New users receive 3 free credits upon registration
• Free users receive 1 credit per day (does not accumulate)
• Premium subscribers receive 100 credits per monthly billing cycle (reset each cycle, do not accumulate)
• One-time credit packs are added to your balance and do not expire while your account is active

6.2 Payments

• All payments are processed securely by Stripe, Inc.
• Premium subscriptions are billed monthly in advance
• You authorise us to charge your payment method on a recurring basis until cancellation
• We reserve the right to update pricing with at least 30 days’ advance notice

6.3 Cancellation

You may cancel a Premium subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you will retain access until then. No partial refunds are issued for unused time within a billing period.

6.4 Refunds

Credits consumed for successfully processed images are non-refundable. If a processing error on our side prevents successful delivery of your output, the credit used for that request will be automatically refunded to your account. For billing disputes, contact studio@hyperistic.pics within 14 days of the charge.

7. Service Availability & Modifications

We strive to provide a reliable service but do not guarantee uninterrupted availability. We may:

• Perform scheduled or emergency maintenance
• Modify, suspend, or discontinue features with reasonable notice
• Experience temporary outages due to infrastructure or third-party API issues

We are not liable for losses arising from service interruptions beyond our reasonable control.

8. Third-Party Services

The Service relies on third-party providers including Supabase, Stripe, and AI processing APIs. Your use of the Service is also subject to the applicable terms of those providers. We are not responsible for the actions, policies, or availability of third-party services.

9. Disclaimer of Warranties

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERISTIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $50.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hyperistic and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your Input Content; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you:

• Have violated these Terms
• Have engaged in fraudulent or illegal activity
• Pose a risk to other users or to the Service

You may terminate your account at any time by contacting us or using the account deletion option. Upon termination, your right to use the Service ceases immediately and your data will be deleted in accordance with our Privacy Policy.

13. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict-of-law principles. Any dispute arising from or related to these Terms or the Service shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration or the courts of competent jurisdiction in the United States, as applicable. Nothing in this section prevents either party from seeking injunctive relief for intellectual property infringement.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or a prominent notice on the Service at least 14 days before the updated Terms take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service before the effective date.

15. Contact Us

For questions about these Terms, please contact: