Terms of Service

1. Acceptance of Terms

By accessing www.hyperiontxn.com or using any Hyperion mobile application (collectively, the “Platform”), you agree with the operating entity (“Operator”) that you will comply with these terms of use (this “Agreement”). If you are accessing the Platform on behalf of an entity, “Subscriber” refers to that entity, and you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not use the Platform.

2. Services

2.1. Platform Access

Hyperion provides access to US public-to-private transaction data (“Services”) via its website located at www.hyperiontxn.com (the “Site”) and any associated mobile applications (each an “Application”). The content available through the Site and Applications (“Content”) is for informational purposes only and should not be construed as financial advice. The Operator may suspend, disable, or terminate your access to the Services, Site, Applications, or Content at any time, with or without notice.

2.2. Trial Access

If the Operator agrees to provide trial access, such access may be limited to certain subsections of Content or restricted in other ways as determined by the Operator.

2.3. Updates

The Operator may modify the Services, Site, Applications, or Content at any time without notice.

2.4. Effective Date

This Agreement is effective upon your use of the Site or Applications.

3. User Registration

3.1. Requirements for Use

The Site, Applications, and Content may only be accessed through valid login credentials issued to you by the Operator. You must register for a single-user account using a unique username and password and complete the registration process by providing accurate, current, and complete information as prompted by the registration form. By using the Site or Applications, you agree that you have read, understood, and consented to the terms of the Hyperion Privacy Policy (“Privacy Policy”), which is available for your review on the Site.

3.2. Responsibility for Use

Your account username and password are solely for your individual use to access the Site, and you may not permit anyone else to use them or your account. You are responsible for all use of the Site, Applications, Services, and Content accessed through your account (including any illicit use of your user ID or password) and for preventing such unauthorized use.

4. Allowed Usage

4.1. Use for Personal and Professional Purposes

The Services and Content may only be used for your personal and professional purposes. You may view and download the Content for these purposes, but you may not distribute, sell, or modify the Content without the prior written consent of the Operator.

4.2. Printing & Downloading

You may print or download and store the amount of Content authorized by the Operator for personal and professional use. However, you may not use such printing and downloading to compile more than an insubstantial portion of the Hyperion database.

5. Prohibited Usage

5.1. No Uses Competitive with Hyperion

You agree not to use the Content in furtherance of any competitive product or service. The Content may not be used for any competitive analysis or for creating a product or service that is substantially similar to the data provided by Hyperion.

5.2. Limitation on Distribution

Except as explicitly allowed under Section 4, you may not transfer, sell, rent, distribute, display, or otherwise disclose any portion of the Services, Site, Content, or Applications to anyone.

5.3. No Technological Attacks or Scraping

You may not use or attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code, or any other device, program, tool, algorithm, process, or methodology to systematically access, acquire, copy, or monitor any portion of the Content or Site. Additionally, you may not modify, decompile, decrypt, disassemble, or reverse engineer any portion of the Services, Site, or Applications.

5.4. Unauthorized Access

You may not—through hacking, password mining, or any other means—violate the security of the Site or any Application or attempt to gain unauthorized access to the Site, Content, or the Operator’s computer systems. You may not share your password or other login credentials to the Services.

5.5. No Violations of Intellectual Property

You may not use the Site, Services, or any Content in a manner that infringes or violates the intellectual property or proprietary rights of the Operator or any third party, including, without limitation, the rights of privacy and publicity.

5.6. No Use in Violation of Laws

You may not use the Site or Content in any manner that is unlawful or that harms the Operator. Additionally, you may not use the Site or Content in any way that is fraudulent, false, or deceptive.

6. Limitation of Liability

To the maximum extent permitted by law, the Operator shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, even if advised of the possibility of such damages. The Platform is provided “as is,” without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Privacy Policy

Your registration data and certain other information about you are subject to our Privacy Policy. By using the Platform, you consent to the collection and use of information as described in the Privacy Policy.

8. Termination of Access

The Operator reserves the right to suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Upon termination, all rights granted to you under these Terms will cease immediately.

9. Representations and Warranties

9.1. Subscriber’s Representations and Warranties

The Subscriber represents and warrants to Hyperion that they have the necessary authority to enter into and perform their obligations under this Agreement. Furthermore, the Subscriber warrants that this Agreement has been duly authorized and executed by the Subscriber, and that all information provided during the registration process is accurate and complete.

9.2. General Disclaimer of Warranties

The Site, Services, Applications, and Content are provided to the Subscriber on an “As-Is” and “As Available” basis. Except as expressly stated in this Agreement, Hyperion makes no representations or warranties regarding the nature, quality, or accuracy of the Site, Services, Applications, or Content. Hyperion does not guarantee that the Content is an accurate reflection of real-world facts, and the Subscriber acknowledges that any use of the Content is at their own risk.

9.3. Subscriber’s Assumption of Risk

Any decisions made by the Subscriber based on the Site, Services, Applications, or any Content are made solely at the Subscriber’s own risk. Hyperion has no responsibility or liability for any decisions or actions taken by the Subscriber based on the Content or Services.

9.4. Disclaimer of Specific Warranties

Hyperion expressly disclaims any warranty, express or implied, regarding the accuracy of the Content, the results that may be obtained from using the Site, Services, Applications, or Content. Hyperion disclaims all conditions and implied warranties, including but not limited to warranties of title, non-infringement, accuracy, merchantability, or fitness for a particular purpose. Hyperion further disclaims any warranties arising from a course of dealing, performance, or trade usage. The Subscriber represents that they have not relied upon any warranty or representation made by Hyperion except as specifically stated in this Agreement.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of New York, New York.

11. Changes to the Terms

The Operator reserves the right to modify these Terms at any time. Changes will be posted on the Platform, and continued use of the Platform constitutes acceptance of the new Terms.