Terms of service

Last update Date: January 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the services provided by Supernova Toronto Inc., a corporation incorporated under the laws of Canada, operating under the registered business (operating) name HYPE (“Supernova”, “HYPE”, “we”, “us”, or “our”).

By accessing or using HYPE’s services, including but not limited to landing page creation, conversion rate optimization (CRO), A/B testing, and related consulting services (the “Services”), you agree to be bound by these Terms.

1. Services

HYPE provides digital marketing and optimization services to direct-to-consumer (DTC) and ecommerce brands, including:

CRO strategy and experimentation
A/B testing and experimentation analysis
Funnel optimization
Landing page and website design
Related consulting, implementation, and advisory services

The scope of Services will be defined in a written agreement, proposal, or statement of work agreed upon between HYPE and the client.

2. Payments

a) Project Payments

All one-time projects require full upfront payment, unless otherwise agreed in writing.

b) Retainers and Subscriptions

Subscription-based or retainer services are invoiced on a recurring monthly basis via Stripe unless canceled in accordance with the applicable contract terms.

c) Authorization to Charge

Clients authorize HYPE to automatically charge the payment method on file for all amounts due, including recurring fees, performance fees, and approved expenses.

d) Failed Payments

If a payment method fails or is declined:

The client remains liable for the full outstanding balance
An administrative or late payment fee may be applied
Continued non-payment may result in suspension of services

HYPE reserves the right to pursue legal remedies for unpaid balances where permitted by law.

3. Retainer Termination

All monthly retainer services, including CRO, landing page optimization, and website design, require a minimum of one (1) month advance written notice to terminate.

If notice is provided after a billing date, the client remains financially responsible for the current billing cycle and the following month.

4. Performance Fees (If Applicable)

Where a performance-based fee structure is agreed in writing, the performance fee is calculated as follows:

(Variant Revenue per Visitor – Control Revenue per Visitor)
× Total Monthly Site Traffic
× 10%

Performance uplift is determined using A/B testing tools such as Intelligems or VWO, with a minimum of 80 percent statistical significance.

Performance fees are calculated and billed on a monthly basis, unless otherwise specified in writing.

5. Ownership and Intellectual Property

a) Client Ownership

Upon receipt of full payment, final deliverables created specifically for the client become the client’s property.

b) HYPE Usage Rights

HYPE retains the irrevocable right to use all work and results for marketing, promotional, educational, and portfolio purposes, including but not limited to:

Screenshots and deliverables
Conversion rate and revenue uplift metrics
Performance data and test results
Brand names, logos, and campaign outcomes

No additional consent is required from the client for such use.

6. Communication and Project Timelines

Primary communication channels include email and Slack.

Project timelines are estimates and may be adjusted based on:

Client feedback delays
Asset delivery delays
Third-party dependencies

HYPE is not responsible for delays caused by client-side inaction or incomplete information.

7. Limitation of Liability

To the maximum extent permitted by law, HYPE shall not be liable for:

Indirect, incidental, or consequential damages
Loss of revenue, profits, or business opportunities
Damages arising from third-party platforms, tools, or integrations

HYPE’s total liability under these Terms shall not exceed the total fees paid by the client in the three (3) months preceding the claim.

8. Dispute Resolution

In the event of a dispute:

The parties agree to first attempt resolution in good faith
If unresolved, disputes shall be submitted to binding arbitration

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

9. Changes to These Terms

HYPE reserves the right to modify these Terms at any time. Updated Terms will be posted on the website with a revised effective date. Continued use of the Services constitutes acceptance of the updated Terms.