Terms of Service

These Terms of Service (the "Terms") are a binding agreement between Hyperse Group Ltd., a company registered in England and Wales under number 17351089 with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom ("WhichClick", "we", "us"), and the legal entity that creates an account or otherwise uses the WhichClick platform, websites, SDKs, APIs, tracking domains and related services (the "Services") ("Customer", "you"). By creating an account, clicking "I agree", or using the Services you accept these Terms on behalf of the Customer and warrant that you have authority to do so. If you do not agree, you must not use the Services.

1. Business customers only

The Services are provided exclusively to businesses and professionals for advertising measurement. Consumer protection laws that apply to consumers do not apply to this agreement. You represent that you are not a consumer and that you use the Services for business purposes only.

2. Account, security and Customer responsibilities

You are responsible for all activity under your account, API keys and SDK keys, for keeping credentials confidential and for promptly notifying [email protected] of any compromise.
You are solely responsible for your advertising accounts, campaigns, landing pages, apps, tracking templates and final URLs, and for their compliance with the policies of Google, Apple, Meta, TikTok and every other platform you use, including the Google Ads Transparent Click Tracker guidelines, app store guidelines and Apple's App Tracking Transparency framework.
You must have a lawful basis, all required notices and, where necessary, valid consent for every identifier, event and personal data you cause the Services to collect, and you must not send us special-category, children's, payment-card or health data.
You must not use the Services for any purpose prohibited by the Acceptable Use Policy, which forms part of these Terms.

3. Certification and platform relationships

WhichClick engineers its tracking domains to comply with third-party platform requirements and may apply for certifications such as Google's click-tracker certification. We do not guarantee that any platform will certify, list, approve, continue to approve or refrain from disapproving any domain, tracking template, campaign, ad or account, or that any platform will honour refund, invalid-traffic or attribution claims. Platform decisions are outside our control and are excluded from any warranty, SLA or liability.

4. Fees, trials and taxes

Fees are as stated on the order form or pricing page, exclusive of VAT and other taxes, payable in advance, non-cancellable and non-refundable except where expressly stated. Usage above plan limits is charged at the applicable overage rate.
Late amounts accrue interest at 4% per annum above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998 and we may suspend the Services on 7 days' notice of non-payment.
Free trials may be modified or terminated at any time without liability.

5. Intellectual property and licence

WhichClick and its licensors own all rights in the Services, SDKs, documentation, algorithms, models, fraud signatures, IP intelligence pools and aggregated statistics. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services and SDKs solely for your internal advertising measurement during the term. You must not reverse engineer, resell, benchmark for publication, scrape, or build a competing product using the Services. You grant us a licence to process Customer Data to provide the Services and to derive de-identified, aggregated data that does not identify you or any individual, which we may use for fraud detection, benchmarking and improving the Services.

6. Data protection

For personal data processed on your behalf, the Data Processing Addendum applies and we act as processor. For account, billing and website data we act as controller as described in the Privacy Policy. You are the controller of, and responsible for, all click, install, event and identifier data you direct us to collect.

7. Fraud detection, blocking and automated actions

The Services classify traffic and may, when you enable such features, block IP addresses, push exclusions to advertising platforms, pause campaigns or fire webhooks. All classifications are probabilistic and provided "as is". You are responsible for the configuration of thresholds and automated actions and for any consequence of exclusions, pauses or failures to exclude, including lost impressions, revenue or disputes with advertising platforms or third parties.

8. Warranties and disclaimers

Except as expressly stated in the SLA, the Services are provided "as is" and "as available" and we disclaim all warranties, conditions and terms, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement and any warranty arising from course of dealing or usage of trade. We do not warrant that attribution, geolocation, IP classification, fraud scoring or analytics are accurate, complete or uninterrupted, that the Services will meet your requirements, or that any advertising platform will accept our data.

9. Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited by law.
Subject to the above, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: loss of profit, revenue, business, advertising spend, contracts, goodwill or anticipated savings; loss or corruption of data; platform disapproval, suspension or decertification; regulatory fines incurred by you; or any indirect, special or consequential loss.
Subject to the above, our total aggregate liability arising out of or in connection with these Terms in any 12-month period shall not exceed the fees paid by you to us in the 12 months preceding the event giving rise to the claim, or £1,000 if greater.
Any claim must be brought within 12 months of the event giving rise to it.

10. Indemnity

You shall defend, indemnify and hold harmless WhichClick, its affiliates, officers, employees and contractors from and against all claims, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) Customer Data or your instructions; (b) your campaigns, apps, landing pages or websites; (c) your breach of these Terms, the Acceptable Use Policy or applicable law, including data protection and advertising platform policies; (d) any claim by an advertising platform, end user or regulator relating to your use of the Services; or (e) your use of automated blocking, exclusion or pausing features.

11. Suspension and termination

We may suspend or terminate the Services immediately if you breach these Terms or the Acceptable Use Policy, if your use threatens the security, integrity or reputation of the Services or our platform certifications, if required by law or a platform, or for non-payment. Either party may terminate for convenience at the end of the then-current subscription term on 30 days' notice. On termination your right to use the Services ends, we may delete Customer Data after 30 days, and sections 5, 7–13 survive.

12. Confidentiality, publicity, changes

Each party shall keep the other's confidential information secret and use it only for this agreement. We may identify you as a customer unless you opt out in writing. We may update these Terms by posting a new version and giving 30 days' notice; continued use after the effective date constitutes acceptance. We may modify or discontinue features at any time.

13. General

Governing law and jurisdiction: these Terms and any non-contractual obligations are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, save that we may seek injunctive relief or enforce a judgment in any jurisdiction.
Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control, including advertising platform outages, upstream network failures, DDoS attacks or acts of government.
Entire agreement, no reliance on statements not set out in these Terms, severability, no waiver, no third-party rights under the Contracts (Rights of Third Parties) Act 1999, assignment only with our consent (we may assign to an affiliate or successor).
Notices to us: [email protected] and by post to the registered office. Notices to you: your account email.