End User License Agreement

This End User License Agreement ("Agreement") is a legal agreement between you ("you" or "User") and Sahil Pradhan T/A HyperYield ("HyperYield," "we," "us," or "our") governing your download, installation, activation, access to, and use of the HyperYield desktop application, related software, updates, and associated services (collectively, the "Software").

By downloading, installing, activating, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not use the Software.

1. License Grant

Subject to your compliance with this Agreement and payment of any applicable subscription fees, HyperYield grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software for your personal use or internal business use.

This license is granted on a per-user basis, not per organization, team, or household.

A licensed user may activate and use the Software on up to two (2) devices that they personally own or control. You may not share your license, account, or activation credentials with any other person.

All rights not expressly granted to you are reserved by HyperYield.

2. Subscription Plans

HyperYield offers the Software on a subscription basis. Subscription plans include:

Monthly Plan: $9.00 USD per month, billed monthly
Annual Plan: $79.00 USD per year, billed annually (equivalent to $6.58/month — save $29 vs monthly)

Subscription fees are as published on the HyperYield website and may be updated from time to time. Price changes will apply to the next billing cycle after notice.

Free Tier

HyperYield provides a free tier allowing up to twenty (20) AI-powered flashcard generations at no charge. This free tier is limited to one per user or device and is provided solely for personal, non-commercial evaluation purposes.

The free tier:

Is available without a subscription
Does not require a payment method
Is limited to 20 generations total (not per month)
May not be used in conjunction with any other offer or trial

We reserve the right to adjust free tier limits or suspend access if we detect automated abuse, botting, or usage patterns indicating commercial or non-personal use.

3. Auto-Renewal

Subscriptions purchased through Lemon Squeezy or an equivalent payment processor automatically renew at the end of each billing period unless cancelled.

You may cancel your subscription at any time through your Lemon Squeezy account portal or by contacting HyperYield support.

If you cancel a monthly subscription, you retain access until the end of your current billing period. If you cancel an annual subscription, you retain access until the end of your current annual billing period. No partial refunds are provided for unused subscription time.

If you cancel before the end of your billing period, your access continues until the next renewal date.

4. License Keys, Activation, and Verification

Use of the paid Software requires a valid license key and active subscription.

You agree that:

your license key may only be used by the licensed user
activation is limited to a maximum of two (2) devices
HyperYield may require periodic verification of license and subscription status
HyperYield may use reasonable technical measures to detect fraud, abuse, unauthorized sharing, chargebacks, invalid receipts, and other misuse

You may not:

sell, publish, distribute, or share your license key
bypass or attempt to bypass activation, verification, or anti-abuse systems
interfere with or disable technical measures used to protect the Software

If the Software is purchased through a third-party platform, including Lemon Squeezy or another payment or merchant-of-record provider, activation and subscription verification may depend in part on that provider's systems and records.

5. Ownership and Intellectual Property

The Software is licensed, not sold.

HyperYield retains all rights, title, and interest in and to the Software, including all source code, object code, functionality, designs, interfaces, trademarks, logos, branding, documentation, improvements, and all related intellectual property rights.

This Agreement does not transfer to you any ownership rights in the Software.

6. Restrictions

Except where prohibited by applicable law, you may not:

copy, reproduce, modify, adapt, translate, or create derivative works of the Software
reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, underlying ideas, algorithms, or structure from the Software
distribute, sublicense, assign, transfer, lease, lend, rent, resell, or otherwise commercially exploit the Software or any part of it
remove, alter, or obscure any copyright, trademark, proprietary notice, or branding
use the Software in violation of any applicable law or regulation
use automated tools, scripts, bots, or similar means to circumvent usage limits, licensing rules, or technical protections
interfere with the security, operation, or integrity of the Software or any associated service

7. Updates and Support

HyperYield may provide updates, patches, bug fixes, improvements, and other changes to the Software.

Your paid subscription includes access to minor updates that HyperYield makes generally available for the Software at no additional charge.

Any support for major updates, major new versions, or materially expanded releases is provided solely at HyperYield's full discretion. Nothing in this Agreement obligates HyperYield to provide any particular new feature, version, compatibility update, or ongoing support for any specific period of time.

HyperYield may, at its discretion, modify, suspend, discontinue, or replace any aspect of the Software.

8. Fees and Payment

Subscription fees are charged recurring on a monthly or annual basis as selected at purchase.

All prices, taxes, billing, checkout, receipts, and payment processing are handled by a third-party provider, including Lemon Squeezy or a similar merchant-of-record platform.

You are responsible for providing accurate and complete purchase information. Your rights under this Agreement are conditioned on successful payment and continued compliance with this Agreement.

9. Cancellation and Refunds

Cancellation

You may cancel your subscription at any time through your account portal or by contacting HyperYield. Cancellation takes effect at the end of your current billing period.

Refunds

All subscription fees are final and non-refundable, except as required by applicable law.

If a refund, reversal, dispute, or chargeback is issued or successfully processed, HyperYield may revoke, suspend, or terminate the related license immediately.

HyperYield does not offer refunds for change of mind, partial use, failure to use the Software, dissatisfaction after purchase, or device incompatibility.

Nothing in this Agreement excludes, restricts, or modifies any rights or remedies you may have under applicable law, including the Australian Consumer Law.

10. Suspension and Termination

This Agreement remains in effect until terminated by you or HyperYield.

HyperYield may suspend or terminate your license or access to the Software immediately if:

you violate this Agreement
you misuse or abuse the free tier or subscription
you share or misuse a license key
a payment is reversed, disputed, refunded, or charged back
HyperYield reasonably suspects fraud, abuse, unlawful activity, or other harmful conduct

Upon termination, your license ends immediately and you must stop using the Software.

Sections of this Agreement that by their nature should survive termination will survive, including provisions relating to ownership, restrictions, disclaimers, limitations of liability, indemnity, governing law, and dispute resolution.

11. Third-Party Services and Components

The Software relies on third-party AI services (including Google Gemini AI) and infrastructure to perform core functionality such as flashcard generation. The Software also depends on third-party infrastructure, APIs, SDKs, payment processors, operating system features, and open-source components.

Anki Trademark Notice

Anki® is a registered trademark of Ankitects Pty Ltd. This application is an independent, third-party utility and is neither affiliated with, nor endorsed by, Ankitects Pty Ltd.

Anki is a third-party product. HyperYield is not affiliated with, endorsed by, sponsored by, or otherwise associated with Anki or its developers. References to Anki are provided for compatibility and descriptive purposes only.

Your use of third-party services or components is subject to their respective terms and conditions, privacy policies, and pricing.

Third-Party API Availability

HyperYield does not control and is not responsible for:

API outages, downtime, or service interruptions from third-party AI providers
Rate limiting, throttling, or access restrictions imposed by third-party providers
Changes to third-party API structures, model availability, model deprecation, or pricing
Delays, errors, or failures caused by third-party infrastructure or networks

You acknowledge that the core functionality of the Software depends on the continuous availability of these third-party services. HyperYield makes no warranties regarding the uptime, availability, or continued compatibility of any third-party service.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Software is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

HyperYield disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

HyperYield does not warrant that the Software will be uninterrupted, error-free, secure, always available, or compatible with every device, system, or environment.

AI-Generated Content Disclaimer

The Software generates flashcards and other content using artificial intelligence models provided by third parties. HyperYield does not warrant, endorse, guarantee, or assume responsibility for the accuracy, reliability, completeness, or correctness of any AI-generated content.

AI-generated outputs may contain errors, inaccuracies, omissions, or "hallucinations" (plausible-sounding but incorrect information). You are solely responsible for reviewing, verifying, and editing all AI-generated content before use.

No Medical Advice

The Software is a study aid designed for educational purposes. It is not intended for use in diagnosing, treating, curing, or preventing any disease or medical condition. AI-generated content is not a substitute for professional medical advice, diagnosis, or treatment.

You agree not to rely on AI-generated outputs for medical decision-making, patient care, or clinical practice without independent verification against authoritative medical sources and consultation with qualified healthcare professionals.

Data Transmission

Your notes and study materials are transmitted to third-party AI providers (currently Google Gemini) via HyperYield's server-side proxy for processing. This data is used solely to provide the AI generation service you have requested.

HyperYield does not use your data for AI training purposes. Your data is processed in accordance with the third-party AI provider's privacy policy and terms of service.

13. Limitation of Liability

To the maximum extent permitted by law, HyperYield will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or business interruption arising out of or related to the Software or this Agreement.

To the maximum extent permitted by law, HyperYield's total aggregate liability for any claim arising out of or relating to the Software or this Agreement will not exceed the amount you actually paid for the Software in the twelve (12) months preceding the claim.

Nothing in this Agreement limits or excludes liability that cannot be limited or excluded under applicable law.

14. Indemnity

You agree to indemnify, defend, and hold harmless HyperYield and its affiliates, owners, officers, contractors, licensors, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

your use or misuse of the Software
your violation of this Agreement
your violation of any law or third-party rights

15. Governing Law and Jurisdiction

This Agreement is governed by the laws of Western Australia, without regard to conflict of laws principles.

You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Software will be subject to the exclusive jurisdiction of the courts of Western Australia, unless applicable law requires otherwise.

16. Privacy Policy

Your use of the Software is also governed by our Privacy Policy, which is available at legal/PRIVACY_POLICY.md (or on our website). By using the Software, you acknowledge that you have read and understood our Privacy Policy.

17. Changes to This Agreement

HyperYield may update or modify this Agreement from time to time.

If we make material changes, we may provide notice through the Software, our website, email, or the applicable purchase platform. Your continued use of the Software after any updated Agreement becomes effective constitutes your acceptance of the revised Agreement.

18. Entire Agreement

This Agreement constitutes the entire agreement between you and HyperYield regarding the Software and supersedes all prior or contemporaneous understandings, communications, or agreements relating to the Software.

If any provision of this Agreement is found to be unlawful, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

A failure by HyperYield to enforce any provision of this Agreement is not a waiver of that provision or any other provision.

19. Contact

For questions regarding this Agreement, contact:

Sahil Pradhan T/A HyperYield
Email: hyperyield1842@protonmail.com