Terms
of Service
Last Updated: 12th June 2026
1. Definitions
“hypetwin” means hypetwin LLC, a Florida limited liability company, and the sole contracting party under these Terms.
“Core Infrastructure” means hypetwin’s proprietary, shared component infrastructure — a curated body of digitized component representations, materials, metadata, and related production assets, created and owned by hypetwin and organized into vertical-specific Core Libraries. Core Infrastructure is made available to Clients **solely as integrated within hypetwin Deliverables and Subscription Services.** It is not a standalone asset library, is not licensed as a catalog of third-party-branded files, and is never delivered to Client as independent or downloadable assets.
“Core Library” means a vertical-specific body of Component Representations within the Core Infrastructure, offered under product names specified in the applicable commercial proposal (for example, but not limited to, Bikecore and its product tiers).
“Component Representations” means digital representations of standardized, commercially available components that a Client incorporates into its own products. Component Representations are made available exclusively in support of products the Client lawfully sources, stocks, markets, and sells.
“Client Exclusive Assets” means Client-specific products, geometries, designs, custom colorways, proprietary products, and other assets designated by hypetwin as exclusive to a specific Client.
“Deliverables” means any Digital Twins, Outputs, Subscription Services, visual content, or related work product provided by hypetwin.
“Digital Twin” means a digital representation of a physical product created using hypetwin’s production systems, workflows, and technologies.
“Outputs” means renderings, animations, videos, 360° experiences, viewers, configurators, showrooms, AR experiences, and other visual content generated from Digital Twins.
“Subscription Services” means recurring services provided by hypetwin, including but not limited to Core Library access, Viewer+, Configurator+, Showroom+, hosting coordination, maintenance, support, and future recurring services.
“Third-Party Services” means technologies, platforms, hosting, or services provided by third parties (including configurator, viewer, and showroom delivery platforms) that may be required to deliver or operate certain Subscription Services, and which may be subject to separate agreements between Client and the relevant third party.
“Subcontractor” means any affiliate, studio, or service provider engaged by hypetwin to perform part of the services, including on-location capturing and scanning.
“Authorized Representative” means any employee, contractor, officer, or agent who reasonably appears authorized to place orders or give instructions on behalf of Client.
2. Orders
An order becomes binding when Client accepts a hypetwin commercial proposal, quotation, or subscription order — including through electronic acceptance or signature, and including any order placed by an authorized representative of Client.
Supplementary written instructions submitted by Client (such as an approved asset list, scope confirmation, or written project instruction) that expressly reference an accepted proposal or subscription order shall be treated as part of that order and billable accordingly.
All services are billable according to the applicable commercial proposal, quotation, or subscription order.
3. Services
hypetwin may provide:
– Digital Twin Production
– Core Library Memberships (access to Component Representations within Deliverables)
– Viewer+
– Configurator+
– Showroom+
– Studio+
– Campaign+
– Rendering Services
– Animation Services
– On-Location Scanning
– Related Professional Services
Scope of certain Subscription Services. For services such as Configurator+, Viewer+, and Showroom+, hypetwin provides the creation, integration, and provisioning of Digital Twins and related assets for use within an interactive experience. The underlying interactive platform, hosting, and runtime delivery of such experiences may be provided by Third-Party Services contracted directly between Client and the relevant third-party provider. In such cases, hypetwin’s responsibility is limited to the Digital Twins and assets it produces and integrates, and not to the availability, uptime, or performance of the Third-Party Service itself.
4. Acceptance of Deliverables
Project-based Deliverables (such as Studio+, Campaign+, rendering packages, and frame digitization) are deemed accepted ten (10) business days after delivery, unless Client provides written notice of material deficiencies within that period.
Where Client provides timely written notice of a material deficiency, hypetwin shall use commercially reasonable efforts to remedy the deficiency within a reasonable period.
5. Subcontractors and Affiliated Service Providers
hypetwin is the sole contracting party under these Terms and remains the Client’s single point of commercial responsibility.
hypetwin may engage Subcontractors and affiliated service providers (including affiliated capturing or scanning studios) to perform portions of the services. hypetwin remains responsible to Client for the services delivered under these Terms regardless of which entity performs a given portion of the work. Client has no direct contractual relationship with any Subcontractor by virtue of these Terms.
6. Client Responsibilities
Client shall provide all information, approvals, assets, physical products, specifications, and materials reasonably required for hypetwin to perform the services.
Client represents that it is lawfully entitled to source, stock, market, and sell the products it asks hypetwin to represent, and that it has the rights necessary to depict such products and their incorporated components in its own marketing and sales materials.
Delays caused by missing information, delayed approvals, or incomplete materials may result in corresponding project delays.
Where physical products are provided to hypetwin for digitization, Client is responsible for shipping and transportation costs, including return shipping, unless otherwise agreed in writing.
Risk of loss. hypetwin shall exercise reasonable care in handling physical products in its possession. Risk of loss for physical products transfers to hypetwin upon delivery to hypetwin’s designated location and transfers back to Client upon handover to the return carrier. hypetwin’s responsibility for physical products in its possession is subject to the limitation of liability in Section 19.
7. Payment
Invoices are due according to the payment terms specified in the applicable proposal, quotation, subscription order, or invoice. If no payment term is specified, invoices are due within fourteen (14) days of the invoice date.
hypetwin may suspend services and subscriptions immediately upon overdue payment. Suspension or withholding may include:
– suspension of services;
– suspension of subscriptions;
– withholding of Deliverables;
– termination of access to hypetwin-controlled hosted services.
Suspension shall not relieve Client of any payment obligations, including fees owed for the remainder of any committed subscription term.
Outstanding amounts may accrue interest at the lesser of 1.5% per month or the maximum amount permitted by applicable law.
8. Ownership of Provider Technology
All rights, title, and interest in and to the following shall remain the exclusive property of hypetwin:
– Digital Twins;
– Core Infrastructure and all Component Representations;
– source files;
– production files;
– geometry;
– textures;
– materials;
– metadata;
– workflows;
– production pipelines;
– software;
– methodologies;
– all other hypetwin technology.
No ownership rights are transferred to Client unless expressly agreed in writing.
9. Core Infrastructure
Core Infrastructure is a shared infrastructure operated and owned by hypetwin. It is made available to Client only as integrated within Deliverables and Subscription Services, and only in support of products the Client lawfully sources, stocks, markets, and sells.
Client receives a limited right to benefit from Core Infrastructure solely through Deliverables and Subscription Services provided by hypetwin. Client receives no ownership rights in Core Infrastructure and no rights to any Core Library as a standalone library or dataset.
Client shall not:
– access underlying Core Infrastructure files;
– request source files;
– extract component models;
– reproduce, replicate, or sublicense any Core Library;
– create competing component libraries using Core Infrastructure assets;
– represent that it has acquired or licensed any standalone library of third-party-branded assets.
hypetwin may expand, modify, replace, or discontinue Core Infrastructure components at its sole discretion.
Natural scope. Component Representations are made available to Client only in connection with components the Client itself incorporates into its products and is lawfully entitled to sell. Core Infrastructure does not grant Client any rights in respect of components it does not lawfully use in commerce.
10. Client Exclusive Assets
Client Exclusive Assets remain exclusive to the applicable Client and shall not be incorporated into the Core Infrastructure.
For clarity: the underlying Digital Twin production files remain owned by hypetwin. Client receives only the license rights expressly granted under these Terms.
11. License to Outputs
Subject to full payment of all applicable fees, hypetwin grants Client a worldwide, non-exclusive, non-transferable license to use delivered Outputs for:
– marketing;
– ecommerce;
– advertising;
– dealer communication;
– sales communication;
– brand communication;
– internal business purposes.
Unless expressly agreed in writing, no source files, editable files, 3D files, CAD files, or production files are included.
12. Restrictions
Client shall not:
12.1 Reverse Engineer. Reverse engineer, decompile, extract, or otherwise attempt to obtain any underlying Digital Twin, source file, geometry, texture, metadata, or production asset.
12.2 Build Competing Systems. Use Deliverables or Outputs to create competing Digital Twin systems, component libraries, configurators, viewers, showrooms, or rendering systems.
12.3 Resell Deliverables. Resell, sublicense, distribute, or commercialize Deliverables or Outputs as standalone products.
13. Subscription Services and Third-Party Services
Subscription Services remain active for the committed subscription term specified in the applicable order, and continue only while the applicable subscription remains paid. Early termination by Client does not relieve Client of payment obligations for the remainder of the committed term, except as expressly agreed in writing.
hypetwin-controlled services. Upon expiration, cancellation, suspension, or termination, hypetwin may immediately disable the services and access it controls, including Core Library access and hypetwin-hosted assets and integrations.
Third-Party Services. Where a Subscription Service relies on a Third-Party Service contracted directly between Client and the third-party provider (for example, the platform delivering an interactive configurator, viewer, or showroom), the availability, continuation, suspension, or termination of that Third-Party Service is governed by the agreement between Client and that provider. hypetwin does not warrant, and is not responsible for, the uptime, availability, or performance of Third-Party Services. Upon termination of the relevant hypetwin subscription, hypetwin may discontinue the provisioning, updating, and integration of its Digital Twins into the Third-Party Service.
Previously delivered Outputs. Previously delivered renderings, images, and videos may continue to be used under Section 11.
14. Portfolio Rights
Unless otherwise agreed in writing, or unless expressly designated by Client as confidential in writing prior to publication, hypetwin may identify Client as a customer and use publicly released Deliverables, Outputs, and projects for portfolio purposes, website content, presentations, case studies, and marketing materials.
hypetwin shall not publish unreleased products prior to Client’s public launch.
15. Confidentiality
Each party shall keep confidential information received from the other party confidential and shall not disclose such information except as required to perform its obligations under these Terms.
Confidentiality obligations shall survive for five (5) years following termination. Trade secrets shall remain protected for so long as they qualify as trade secrets under applicable law.
6. Warranties
hypetwin warrants that services will be performed in a professional and commercially reasonable manner.
Except as expressly stated herein, all services and Deliverables are provided “as is.” hypetwin disclaims all implied warranties, including warranties of merchantability and fitness for a particular purpose.
hypetwin does not control, and makes no warranty regarding, Third-Party Services or any third-party platform, technology, or hosting environment used to deliver Subscription Services.
17. Indemnification
By Client. Client shall indemnify and hold harmless hypetwin from third-party claims arising out of (a) Client’s products, including any claim that a product Client asked hypetwin to represent infringes third-party rights; (b) Client’s use of Deliverables or Outputs in breach of these Terms; or (c) Client’s breach of its representations under Section 6.
By hypetwin. hypetwin shall indemnify and hold harmless Client from third-party claims that the hypetwin production technology used to create the Deliverables infringes such third party’s intellectual property rights, provided that this obligation shall not apply to claims arising from Client’s products, Client-supplied materials, or the components Client incorporates into its own products.
The indemnifying party’s obligations are conditioned on prompt written notice of the claim, reasonable cooperation, and sole control of the defense and settlement by the indemnifying party. Indemnification is subject to the limitations in Section 19.
18. Data Protection
Each party shall comply with applicable data protection and privacy laws. Where required by law, the parties may enter into a separate Data Processing
19. Limitation of Liability
To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.
hypetwin’s total aggregate liability arising out of these Terms shall not exceed the greater of:
– USD $50,000; or
– the total fees paid by Client during the twelve (12) months preceding the claim.
This limitation shall not apply to fraud, willful misconduct, confidentiality breaches, indemnification obligations, or unpaid fees owed by Client.
20. Termination
Each commercial relationship runs for the subscription term and is subject to the termination and notice provisions specified in the applicable commercial proposal or subscription order. The committed term and any renewal or cancellation terms are governed by that order.
Either party may terminate for material breach by the other party that remains uncured following written notice and a reasonable cure period.
Termination shall not affect accrued payment obligations, previously issued invoices, fees owed for the remainder of any committed subscription term, completed Deliverables, existing confidentiality obligations, or ownership rights under these Terms.
Survival. Sections 8, 9, 10, 11, 12, 14, 15, 16, 17, 19, 21, 22, and 23 shall survive termination.
21. Force Majeure
Neither party shall be liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, war, labor disputes, governmental actions, internet outages, cyberattacks, or failures of third-party infrastructure.
22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
23. Dispute Resolution
The parties shall first attempt to resolve disputes through good-faith negotiations.
Any dispute not resolved through negotiation shall be submitted to (1) mediation administered by the American Arbitration Association (AAA), and then (2) binding arbitration administered by the AAA. Venue shall be Miami, Florida.
24. General
These Terms, together with the applicable quotation, subscription order, proposal, or other commercial document accepted by Client, constitute the entire agreement between the parties.
Severability. If any provision is held unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Assignment. Neither party may assign these Terms without the written consent of the other party, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.
Waiver. Failure to enforce any provision shall not constitute a waiver of that provision or of any other provision.
Contractual notices under these Terms may be sent by email to the address associated with the Client’s account or order.
Electronic signatures and electronic acceptance shall be legally binding and enforceable.
hypetwin LLC