Terms of Service

1. Acceptance of Terms

By accessing or using HypeTest ("the Service"), operated by Rekt Brands Inc., 1207 Delaware Ave, #4069, Wilmington, DE 19806, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. We may update these terms at any time, and continued use of the Service after changes are posted constitutes your acceptance of the revised terms.

2. Description of Service

HypeTest provides AI-simulated consumer research. The Service uses large language models to simulate consumer responses to product concepts, pricing, and positioning. HypeTest does not operate real consumer panels, focus groups, or surveys with human participants. All "respondents" referenced in research results are AI-simulated personas.

3. Research Output Disclaimer

Research results generated by HypeTest are intended for directional insights and hypothesis generation only. They are not a substitute for professional market research conducted with real human participants. Results have not been validated for use in high-stakes business decisions, including but not limited to product launches, large capital investments, or regulatory filings. HypeTest makes no guarantee of accuracy, completeness, or reliability of any simulated research output.

4. Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. HypeTest provides no warranty on the accuracy, relevance, or applicability of simulated research results. You assume all risk when interpreting or acting on results generated by the Service. To the maximum extent permitted by law, HypeTest's total liability to you for any claims arising from your use of the Service shall not exceed the greater of (a) the total fees you have paid to HypeTest in the twelve (12) months preceding the claim, or (b) $100 USD.

5. Intellectual Property

You retain full ownership of your input data, including product descriptions, brand information, and research parameters that you submit to the Service. HypeTest retains the right to use anonymized, aggregated data derived from Service usage to improve and develop the Service. Anonymized means all identifying information (brand names, company names, specific product names, and user identity) is removed before any aggregated use. The HypeTest name, logo, and website content are the property of Rekt Brands Inc. and may not be reproduced without permission.

6. Data Handling and Public Accessibility

Research inputs and results are stored in our database. Research result pages are publicly accessible to anyone with the unique URL. You should not include trade secrets, confidential business information, or sensitive proprietary data in your research inputs. By submitting research, you acknowledge that the results will be accessible via a shareable link. You may request deletion of your data by contacting us at support@hypetest.ai. For more details, see our Privacy Policy.

7. Acceptable Use

You agree to the following when using the Service:

• You must not use the Service for any fraudulent, misleading, or illegal purpose.
• You must not present AI-simulated research results to third parties as real consumer research without clearly disclosing that the results were generated using AI-simulated methodology.
• You must not use research results to publicly disparage, defame, or mislead about competing products or brands.
• You must not access the Service via automated means (bots, scripts, scrapers) without prior written permission from Rekt Brands Inc.
• You must not resell, redistribute, or white-label the Service or its outputs without prior written permission.
• You must not use the Service to generate content that is defamatory, hateful, or that violates the rights of others.
• Each account or email is for a single individual. You must not share your account credentials or access with others.

HypeTest reserves the right to suspend or terminate access to the Service for violations of these terms, without prior notice.

8. Indemnification

You agree to indemnify and hold harmless Rekt Brands Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising from your use of the Service, including but not limited to any misrepresentation of research results, violation of these Terms, or infringement of any third party's rights.

9. Third-Party References

The Service and its website may reference academic research, publications, or methodologies from institutions and organizations such as Harvard Business School, Nielsen, Ipsos, McKinsey, and others. These references are provided for informational and educational purposes only and do not imply any endorsement, partnership, sponsorship, or affiliation between HypeTest and those entities.

10. Modifications

HypeTest reserves the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We may update these Terms of Service at any time by posting the revised version on this page. Your continued use of the Service after any changes constitutes acceptance of the updated terms.

11. Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall first be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Wilmington, Delaware. If arbitration is not permitted under applicable law, any disputes shall be resolved in the state or federal courts located in the State of Delaware. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12. Trademarks and Third-Party Content

All brand names, product names, and trademarks mentioned on this website or within research results (including but not limited to names of consumer products, research firms, and academic institutions) are the property of their respective owners. Their use on this website is for illustrative, informational, or comparative purposes only and does not imply any endorsement, sponsorship, or affiliation. Data and statistics attributed to third-party sources are approximate estimates based on publicly available information and may not reflect exact figures from those sources.