Hiperion Corporation
Terms & Conditions
Effective Date: August 18, 2026
Welcome to Hiperion Corporation.
These Terms & Conditions govern the use of Hiperion Corporation's website, digital services, websites, online systems, hosting, maintenance, technical support, and other services provided by Hiperion Corporation ("Hiperion", "we", "us", or "our").
They apply both to visitors and users of Hiperion's website and to clients who engage Hiperion to create, host, maintain, operate, support, or otherwise provide digital services.
By accessing Hiperion's website, using a Hiperion-provided service, approving a proposal, signing an agreement, or otherwise accepting services from Hiperion, you ("Client", "you", or "your") acknowledge that you have read, understood, and agree to these Terms & Conditions.
If you do not agree to these Terms & Conditions, you should not use Hiperion's services.
1. Definitions
For the purposes of these Terms & Conditions:
"Hiperion", "Company", "we", "us", or "our" means Hiperion Corporation.
"Client", "you", or "your" means the individual, business, organization, or other entity receiving or using Hiperion's services.
"Services" means any services provided by Hiperion, including but not limited to website development, website hosting, online forms, digital systems, software, infrastructure, maintenance, technical support, data storage, integrations, programming, consulting, and related digital services.
"Client Website" means any website or digital property created, hosted, maintained, or managed by Hiperion on behalf of a Client.
"Client Data" means business information, records, submissions, files, content, personal information, and other data supplied by or collected on behalf of the Client through the Services.
"Proposal" means a written proposal, quotation, statement of work, service agreement, subscription agreement, or similar document describing specific Services, pricing, or other arrangements between Hiperion and the Client.
2. Acceptance of Terms
These Terms & Conditions may form part of any Proposal or service agreement between Hiperion and a Client.
Where a Proposal is presented for electronic acceptance, the Client's acceptance of the Proposal, including by clicking an acceptance button or completing an associated payment, constitutes acceptance of the applicable Proposal and these Terms & Conditions.
Where a Proposal contains terms that specifically apply to the Client's Services, those specific terms will apply in addition to these Terms & Conditions.
If there is a conflict between these Terms & Conditions and a signed or expressly accepted Proposal, the specific terms of the Proposal will govern to the extent of the conflict.
Hiperion's Privacy Policy forms part of the overall framework governing the Services and is available at:
https://hiperion.ca/privacy-policy/
3. Services
Hiperion may provide a variety of digital services depending on the Client's requirements and the applicable Proposal.
Services may include:
Website design and development
Website hosting
Online forms and submission systems
Digital infrastructure
Data storage
Software and system configuration
Website maintenance
Routine updates
Technical support
Programming and custom development
Integrations with third-party services
Digital portals and applications
Domain and hosting-related services
System administration
Other technology or digital services agreed upon by the parties
The specific Services provided to a Client will be determined by the applicable Proposal or service agreement.
4. Client Websites
Hiperion may create, host, maintain, operate, or support websites and digital properties on behalf of Clients.
Unless otherwise agreed in writing, Hiperion is responsible for providing the Services described in the applicable Proposal, while the Client remains responsible for the accuracy, legality, ownership, and appropriateness of content and information supplied by the Client.
Hiperion may make reasonable technical, security, maintenance, or operational changes to a Client Website where necessary to maintain the Services.
Hiperion does not guarantee that every Client Website will remain continuously available without interruption.
5. Client Responsibilities
The Client agrees to:
Provide accurate and lawful information and content;
Maintain appropriate authority to provide information to Hiperion;
Obtain all necessary permissions, licenses, consents, and rights relating to Client-provided content;
Ensure that Client-provided content does not violate applicable law or third-party rights;
Provide reasonable cooperation required for Hiperion to perform the Services;
Maintain the security of any Client-controlled accounts or credentials;
Notify Hiperion of known security issues affecting the Services;
Not intentionally interfere with or misuse Hiperion's systems.
The Client is responsible for reviewing and approving content, functionality, and information before publication or deployment where the Client has been given an opportunity to do so.
6. Client Content and Data
The Client retains ownership of its own business data, information, records, content, and materials supplied to or collected through the Services, except where otherwise expressly agreed in writing.
Hiperion does not acquire ownership of Client Data merely by storing, processing, hosting, or accessing it for the purpose of providing the Services.
The Client grants Hiperion the limited rights reasonably necessary to host, store, process, transmit, modify, back up, maintain, and otherwise use Client Data for the purpose of providing and supporting the Services.
7. Hiperion Intellectual Property
Unless otherwise agreed in writing, Hiperion retains ownership of its underlying intellectual property, including:
Software;
Source code;
Programming systems;
Templates;
Website frameworks;
Configurations;
System architecture;
Infrastructure;
Processes;
Methods;
Tools;
Scripts;
Libraries;
Documentation;
Designs and reusable components;
Proprietary technology; and
Other materials developed or owned by Hiperion.
Payment for Services does not automatically transfer ownership of Hiperion's underlying technology or intellectual property to the Client.
Where a Client has specifically purchased ownership or licensing rights to particular deliverables, those rights will be governed by the applicable Proposal or written agreement.
8. License to Use Client Websites and Services
Subject to payment of all applicable fees and continued compliance with these Terms & Conditions, Hiperion grants the Client a limited right to use the Services provided to the Client for the Client's intended business purposes.
The Client may not:
Reverse engineer Hiperion's proprietary systems;
Copy or reproduce proprietary Hiperion technology;
Resell Hiperion's Services without authorization;
Attempt to obtain unauthorized access to Hiperion systems;
Circumvent security or access controls; or
Use the Services for unlawful purposes.
9. Website Comments and User-Generated Content
Where Hiperion creates, hosts, or manages a Client Website that permits visitors or users to submit comments, reviews, messages, uploads, or other user-generated content, the Client is responsible for determining whether such functionality is appropriate for its business.
Hiperion may provide technical tools or functionality for managing such content but does not necessarily review or approve user-generated content before publication.
The Client is responsible for content appearing on its Client Website unless otherwise agreed in writing.
Hiperion may remove, restrict, disable, or suspend user-generated content or related functionality where reasonably necessary due to security concerns, unlawful content, abuse, technical issues, or violation of these Terms & Conditions.
Hiperion is not responsible for opinions or statements submitted by third-party users.
10. Hyperlinking to Hiperion
Organizations and individuals may link to Hiperion's website where the link:
Is not deceptive;
Does not falsely imply sponsorship, endorsement, or approval;
Does not misrepresent Hiperion or its Services; and
Is appropriate within the context in which the link appears.
Hiperion may request removal of a link where it reasonably believes that the link is misleading, inappropriate, unlawful, or damaging to Hiperion's interests.
No use of Hiperion's logo, trademarks, or other artwork for linking purposes creates a license or authorization unless expressly approved in writing.
11. iFrames and Embedded Content
Without Hiperion's prior written permission, a person or organization may not create frames, embedded displays, or other mechanisms that reproduce or alter the visual presentation of Hiperion's website, proprietary systems, or other protected digital properties.
Hiperion may restrict or disable unauthorized embedding of its content or systems.
Where Hiperion provides an authorized embed, integration, widget, form, or similar feature, the Client must use it only in accordance with Hiperion's instructions and applicable service terms.
12. Client Website Content Liability
The Client remains responsible for content, information, products, services, claims, representations, images, documents, and other materials supplied by or published on behalf of the Client.
The Client represents that it has the necessary rights and permissions to use such materials.
The Client agrees not to use Hiperion's Services to publish or distribute material that is:
Illegal;
Fraudulent;
Defamatory;
Infringing;
Obscene or unlawful;
Deceptive;
Malicious;
Intended to facilitate criminal activity; or
Otherwise prohibited by applicable law.
Hiperion may suspend or remove content or Services where reasonably necessary to address legal, security, technical, or policy concerns.
13. Hosting and Infrastructure
Where Hiperion provides hosting or infrastructure Services, Hiperion will make reasonable efforts to maintain the systems required to provide those Services.
Hosting and infrastructure may depend on third-party providers, data centres, internet service providers, cloud platforms, domain registrars, payment processors, software providers, or other technology providers.
Hiperion cannot guarantee uninterrupted availability.
Scheduled maintenance, emergency maintenance, software updates, security measures, infrastructure failures, third-party outages, internet disruptions, and circumstances outside Hiperion's reasonable control may temporarily affect availability.
14. Third-Party Services
Hiperion may use or integrate third-party services as part of providing the Services.
These may include payment processors, hosting providers, cloud services, email services, domain registrars, analytics platforms, software platforms, APIs, mapping services, communication systems, and other third-party technology.
Third-party services are subject to the terms, policies, availability, and limitations of the applicable third-party provider.
Hiperion is not responsible for failures, changes, outages, pricing changes, or policy changes imposed by third-party providers outside Hiperion's reasonable control.
Where applicable, the Client may be required to accept the third party's terms separately.
15. Additional Development and Services
Services outside the scope of an applicable Proposal may be treated as additional work.
Additional work may include:
New forms;
Major redesigns;
Custom programming;
New integrations;
Data migration;
New portals;
New functionality;
Substantial changes to existing systems; or
Other work outside the agreed scope.
Hiperion may provide a separate quotation or Proposal before beginning substantial additional work.
16. Fees and Payment
The Client agrees to pay the fees specified in the applicable Proposal or service agreement.
Where Services are provided under a recurring subscription, subscription fees are billed according to the agreed billing schedule.
Unless otherwise stated in writing, Services may be suspended if required payments become overdue.
Payment of a recurring subscription does not automatically include additional development or services outside the agreed scope.
Applicable taxes, transaction fees, third-party charges, or other costs may apply where specified in the applicable Proposal.
17. Cancellation and Termination
Unless a Proposal or service agreement states otherwise, either party may terminate an ongoing subscription by providing thirty (30) days' written notice.
Termination does not eliminate payment obligations that accrued before the effective termination date.
Upon termination, Hiperion may suspend access to the applicable Services.
Specific termination provisions contained in an accepted Proposal may apply instead of, or in addition to, this section.
18. Suspension of Services
Hiperion may suspend Services where reasonably necessary due to:
Non-payment;
Security concerns;
Abuse or misuse;
Violation of these Terms & Conditions;
Illegal activity;
A material breach of the applicable agreement;
Required maintenance;
Third-party infrastructure failure; or
Other circumstances reasonably requiring suspension.
Where practical, Hiperion will provide notice before suspending Services.
For proposals that are not accepted or renewed by the applicable deadline, Hiperion may suspend existing Services following reasonable advance notice.
For example, where a Proposal specifies a suspension date of August 31, 2026, Services may be paused beginning on that date if the Proposal has not been accepted.
19. Data Retention Following Suspension or Termination
Unless otherwise agreed in writing, Hiperion may retain Client Data associated with suspended or terminated Services for up to six (6) months following the date of suspension or termination.
During this period, the Client may request restoration or reactivation of the Services, subject to applicable fees, technical requirements, and Hiperion's ability to restore the Services.
Following the six-month retention period, Hiperion may permanently delete the retained Client Data and associated service data.
Hiperion may retain information for longer where required by law, regulation, legal proceedings, legitimate security requirements, accounting requirements, or other applicable legal obligations.
The Client is responsible for maintaining its own copies of any information it requires.
Hiperion does not guarantee that suspended or terminated Services can be restored after the applicable retention period.
20. Data Security
Hiperion will use reasonable measures appropriate to the nature of the Services to protect Client Data against unauthorized access, loss, misuse, or disclosure.
However, no internet-connected system can be guaranteed to be completely secure.
The Client acknowledges that transmission and storage of information through internet-connected systems carries inherent risks.
The Client is responsible for using appropriate security practices for its own accounts, devices, personnel, and systems.
21. Privacy and Personal Information
Hiperion may collect, store, access, process, transmit, and otherwise handle information as reasonably necessary to provide, maintain, secure, and support the Services.
Hiperion will handle personal information in accordance with applicable privacy laws and Hiperion's Privacy Policy.
The Client remains responsible for ensuring that it has the necessary authority, rights, and consents to provide personal information to Hiperion and to authorize Hiperion to process such information for the purposes of providing the Services.
Hiperion's Privacy Policy is available at:
https://hiperion.ca/privacy-policy/
22. Confidentiality
Each party may receive confidential or commercially sensitive information belonging to the other party.
Each party agrees to take reasonable steps to protect confidential information and not knowingly disclose it to unauthorized third parties except where:
Disclosure is required by law;
Disclosure is required to provide the Services;
The information is already publicly available through no fault of the receiving party; or
The other party has provided permission.
Hiperion may disclose information to employees, contractors, service providers, and technology providers where reasonably necessary to provide the Services, subject to appropriate obligations.
23. Backups and Data Loss
Hiperion may maintain backups as part of its infrastructure or service operations where applicable.
However, unless a Proposal specifically provides for guaranteed backup or recovery services, Hiperion does not guarantee that every piece of Client Data can be restored following accidental deletion, corruption, hardware failure, software failure, cyber incident, third-party failure, or other event.
Clients should maintain independent copies of important business records and information.
24. Website and Service Changes
Hiperion may modify, update, replace, or discontinue components of its Services where reasonably necessary for maintenance, security, technological development, or operational reasons.
Where a material change substantially affects an ongoing paid Service, Hiperion will provide reasonable notice where practical.
25. Disclaimer
To the maximum extent permitted by applicable law, Hiperion does not guarantee that its website or Services will be uninterrupted, error-free, completely secure, or continuously available.
Information provided through Hiperion's website is provided for general informational purposes and may not always be complete, current, or error-free.
Nothing in these Terms & Conditions excludes or limits liability that cannot lawfully be excluded or limited.
26. Limitation of Liability
To the maximum extent permitted by applicable law, Hiperion will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, or anticipated savings arising from the use of or inability to use the Services.
Hiperion will not be responsible for failures caused by circumstances outside its reasonable control, including third-party service failures, internet outages, infrastructure failures, cyber incidents, natural events, government actions, or other force majeure events.
Nothing in these Terms & Conditions limits liability to the extent that such limitation is prohibited by applicable law.
Where permitted by applicable law, Hiperion's aggregate liability arising from a particular Service will be limited to the fees paid by the Client for that Service during the applicable period specified in the applicable agreement.
27. Client Indemnification
To the maximum extent permitted by applicable law, the Client agrees to indemnify and hold Hiperion harmless from claims, losses, damages, liabilities, costs, and reasonable expenses arising from:
Client-provided content;
Client's unlawful use of the Services;
Client's breach of these Terms & Conditions;
Client's violation of third-party rights; or
Client's failure to obtain required permissions or consents.
This provision does not apply to the extent that a claim is caused by Hiperion's own unlawful conduct or obligations that cannot legally be transferred to the Client.
28. Website Availability and Information Accuracy
Hiperion makes reasonable efforts to maintain accurate information on its own website.
However, Hiperion does not warrant that all website information is complete, current, or error-free.
Hiperion reserves the right to modify website content, Services, pricing, features, and information without notice where appropriate.
29. Removal of Links
If a person identifies a hyperlink appearing on Hiperion's website or a Hiperion-managed property that they believe is inappropriate, offensive, unlawful, or otherwise problematic, they may contact Hiperion.
Hiperion may review such requests but does not guarantee that a link will be removed.
30. Reservation of Rights
Hiperion reserves the right to:
Modify these Terms & Conditions;
Modify or discontinue Services;
Request removal of unauthorized links;
Restrict access to Services;
Suspend accounts or Services where permitted under these Terms; and
Take reasonable steps to protect its systems, intellectual property, Clients, and users.
Where changes materially affect an existing paid service, Hiperion will provide reasonable notice where required or appropriate.
Continued use of applicable Services following the effective date of revised Terms may constitute acceptance of the revised Terms where permitted by law.
31. Governing Law
These Terms & Conditions and agreements between Hiperion and its Clients will be governed by the laws applicable in the Province of Alberta, Canada, unless otherwise expressly agreed in writing.
The parties submit to the applicable courts and legal jurisdiction of Alberta for disputes arising from these Terms or the Services, subject to any mandatory rights or jurisdictional requirements applicable by law.
32. Severability
If any provision of these Terms & Conditions is determined to be invalid, unenforceable, or unlawful, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in effect.
33. Entire Agreement
The applicable Proposal, service agreement, these Terms & Conditions, and any documents expressly incorporated by reference constitute the agreement between Hiperion and the Client concerning the applicable Services.
Any additional terms must be agreed to in writing by the parties.
34. Electronic Acceptance
Where Hiperion provides a Proposal or agreement electronically, the Client may accept it electronically.
Clicking an acceptance button, submitting an electronic acceptance, completing an associated payment, signing electronically, or otherwise clearly indicating acceptance may constitute acceptance of the applicable Proposal and these Terms & Conditions, to the extent permitted by applicable law.
For subscription-based Services, completion of the subscription payment following an acceptance process constitutes confirmation that the Client has reviewed and agreed to the applicable Proposal, these Terms & Conditions, and Hiperion's Privacy Policy.
35. Contact
Questions regarding these Terms & Conditions may be directed to:
Hiperion Corporation
Website:
https://hiperion.ca/
Privacy Policy:
https://hiperion.ca/privacy-policy/
Terms & Conditions:
https://hiperion.ca/terms-and-conditions/
Last Updated: August 18, 2026
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