Terms and Conditions

Last updated on June 2, 2026

Last updated: 07/06/2026

These Terms govern access to and use of the HyperFake website, platform and services offered by BLAUMAR MEDIA LABS, S.L.

1. Who we are

BLAUMAR MEDIA LABS, S.L.

VAT: ESB24941486

Address: Calle Colón 40, Piso 1, Puerta 1. 46004. Valencia. Spain.

Contact email: hello@hyperfake.studio

Legal and privacy contact: legal@hyperfake.studio

2. What HyperFake is

HyperFake is a structured AI-assisted creative and audiovisual production system that may include, depending on the contracted plan or project, brand analysis, brief generation, budgeting, creative development, audiovisual production, review and final delivery. The service may be provided through a combination of platform features, automations, third-party tools and human supervision.

3. Acceptance and capacity

By using HyperFake, creating an account or contracting a project, you accept these Terms. You must have sufficient legal capacity to contract and, if you act on behalf of a company, you represent that you have authority to bind it.

4. Subjective scope of the service

HyperFake is designed and structured primarily for contracting by companies, professionals and brands. However, it may also be contracted by natural persons over 18 years of age acting in their own name and with sufficient legal capacity to contract.

Where the client acts as a consumer, the specific conditions for consumers that may apply shall also apply. In the event of any conflict between those specific conditions and these Terms, those provisions that must apply mandatorily under consumer protection law shall prevail.

5. User account

You are responsible for the confidentiality of your credentials and for all activity carried out through your account. You must provide truthful, complete and up-to-date information.

We may suspend or restrict access in the event of improper use, fraud, non-payment, breach of these Terms or security risks.

6. Contractual service flow

Unless otherwise agreed in writing, the general service flow may include:

  1. account creation and onboarding;

  2. brand analysis and editable Brand DNA;

  3. creation or validation of the brief;

  4. budget and commercial terms;

  5. pre-authorisation or initial payment;

  6. creative development;

  7. creative review and approval;

  8. production;

  9. production review and approval;

  10. final payment and delivery.

Unless otherwise specified in the accepted budget, proposal, checkout or platform, the standard project payment structure may be organised as follows:

a) initial pre-authorisation or reservation payment, generally equivalent to 10% of the project price;

b) creative phase payment, generally equivalent to 40% of the project price, linked to the creative development phase;

c) production and final delivery payment, generally equivalent to 50% of the project price, linked to the production phase and final delivery.

These percentages are indicative of the standard HyperFake workflow and may be adapted in the accepted budget, proposal, checkout or platform for specific products, plans or custom projects.

7. Order of precedence

In the event of a conflict between documents, the following order of precedence shall apply:

  1. accepted budget, proposal or Statement of Work;

  2. approved brief;

  3. specific project terms;

  4. these Terms;

  5. the remaining informational content of the website.

8. Approval of the brief and scope definition

The approved client brief constitutes the operational and binding definition of the scope of the project. Once approved, HyperFake may start the corresponding phase based on that brief, the materials provided and the decisions already validated by the client.

The client is responsible for carefully reviewing the brief and confirming that it correctly reflects its objectives, format, duration, territory, tone, platform, deliverables, required assets and any relevant limitations.

Given that HyperFake operates as a closed and sequential system by phases, any subsequent change that contradicts the approved brief or an already approved phase may be considered incompatible with the current project. In that event, HyperFake may:

  • terminate the original project in whatever state it is in;

  • require full payment of the amounts already accrued or committed for that project, which may reach up to 100% of the price of the original project where the requested change substantially invalidates work already performed or renders its use unfeasible;

  • and, where appropriate, require the opening of a new project with an updated brief, new timeline and new price.

9. Approvals by phase

Unless otherwise agreed, each project may require one or more express client approvals, including:

  • approval of the brief;

  • approval of the creative work;

  • approval of the preview or pre-delivery production output;

  • final approval for delivery without watermark, where applicable.

Each approval:

  • validates the corresponding phase;

  • authorises moving to the next phase;

  • closes the approved phase, except for material error attributable to HyperFake.

Once a phase has been approved, any request that alters decisions already validated may be treated as a substantial change of scope and, therefore, as a new independent project. In that case, the client must pay for the previous project in accordance with the work already performed or committed before starting the new project.

10. Change and revision policy

Unless the commercial proposal expressly states otherwise, the price includes only the rounds of revision expressly provided for in the plan, budget, proposal or product page.

As a general rule:

  • client comments must be submitted in a consolidated manner;

  • the review must refer exclusively to the approved scope and the phase in progress;

  • minor, non-structural corrections consistent with the relevant phase may be handled within the included round of revision.

The following shall not be considered ordinary revisions and shall, in all cases, be deemed a change of scope that must be processed as a new project, including, among others, the following requests:

  • new ideas or new creative lines;

  • new pieces, versions or adaptations;

  • changes in duration, format or platform;

  • changes in message, approach, positioning or creative proposal;

  • new integrations, new assets or new technical requirements;

  • structural changes in script, storyboard, creative direction or production;

  • substantial rewrites;

  • any change requested after a previous phase has been approved;

  • any request that contradicts the approved brief or an already closed phase.

A request for new scope shall not modify the original project, which shall remain in force for all economic and contractual purposes until its closure, cancellation or settlement in accordance with the applicable conditions.

11. Delivery timelines

Any delivery periods, schedules or delivery windows that HyperFake may communicate on its website, FAQs, proposal, budget, checkout, platform or in any commercial or contractual communication shall be merely indicative, estimated and non-binding, unless a specific time commitment has been expressly accepted in writing.

As a general non-binding reference, typical delivery windows may fall approximately within the following ranges:

  • 6–12s Avatar Hook: approximately 1–2 business days;

  • 15s Social Content: approximately 2–4 business days;

  • 30s Commercial Spot: approximately 4–6 business days;

  • 60s Brand Film: approximately 8–12 business days;

These references are for informational purposes only and may vary depending on the specific circumstances of each project. Under no circumstances shall they constitute an absolute delivery guarantee or form an essential part of the contract unless expressly accepted in writing by HyperFake.

Delivery times depend, among other variables, on:

  • the complexity of the project;

  • the quality, clarity and completeness of the materials provided;

  • the client's response, validation and approval times;

  • technical incidents;

  • availability, performance, limitations or policy changes affecting external tools or providers;

  • the system's operational workload at any given time;

  • and any circumstances beyond HyperFake's reasonable control.

As a general rule, timelines shall begin to run only once all requirements necessary to start the relevant phase have been met, including:

  • acceptance of the applicable budget or plan;

  • required payment or pre-authorisation;

  • full receipt of the necessary information, instructions, materials and assets;

  • and approval of the previous phase, where applicable.

If the client delays an approval, fails to provide essential materials, provides defective or incomplete materials, introduces scope changes, requests revisions incompatible with what has already been approved, or causes any interruption to the sequential project flow, the timeline may be automatically and reasonably extended, without such extension giving rise to any breach attributable to HyperFake.

HyperFake shall not be liable for delays arising from acts attributable to the client, third parties, external providers, technical incidents not directly caused by HyperFake, or force majeure or similar circumstances.

12. Payments

The client must pay the amounts and at the milestones indicated in the proposal, checkout or platform. HyperFake may condition progress in any phase upon confirmation of the corresponding payment.

Unless otherwise stated, payments associated with phases that have begun, been approved, reserved or committed shall be non-refundable. Failure to pay entitles HyperFake to suspend access, stop the project, retain non-final deliverables or withhold pending materials until full regularisation.

Payment of a specific phase does not imply the acquisition of rights over phases not yet paid for, nor does it authorise the client to use intermediate or creative materials outside the HyperFake workflow unless expressly stated in writing.

In particular, payment for the creative phase gives access to the corresponding creative review and approval process within HyperFake, but it does not by itself authorise the client to use, reproduce, adapt, produce, publish, exploit or commission third parties to produce the creative materials outside HyperFake.

Any external use of creative materials without contracting the production phase shall require a separate Creative License, expressly accepted by HyperFake and subject to the payment of the applicable additional fee.

13. Cancellations, refunds and consumers

For business or professional clients, unless otherwise agreed in writing, amounts already accrued for phases that have begun, been approved or committed shall not be refundable.

Where the client acts as a consumer and the European rules on distance contracts apply, the client may be entitled to a statutory 14-day withdrawal right, without prejudice to the exceptions provided by law. In particular, where the service begins before the expiry of that period, the consumer's express consent and acknowledgement that they may lose that right in the cases provided by applicable law may be obtained.

14. Client materials

The client represents and warrants that:

  • it has the right to use and provide to us all materials, brands, texts, images, music, products, logos and references that it uploads or delivers;

  • such materials do not infringe third-party rights;

  • it has obtained the necessary consents, licences or authorisations.

The client assumes responsibility for claims arising from materials provided by it or from its express instructions.

15. AI tools and limitations

HyperFake may use its own and third-party AI tools. The client acknowledges that generative technologies may produce variable, non-deterministic outputs or outputs that require human review.

HyperFake does not guarantee:

  • absolute exclusivity of generic styles;

  • the total absence of factual errors in texts provided by the client or based on insufficient inputs;

  • universal compatibility with all external platforms;

  • uninterrupted availability of third-party tools.

16. Intellectual property

16. Intellectual property

Unless otherwise agreed in writing:

a) HyperFake property

HyperFake remains the owner or legitimate holder of all rights over the platform, software, systems, prompts, internal workflows, methodologies, templates, automations, technical processes, internal documentation, know-how, production logic, AI orchestration, back-office systems, non-client-specific structures and any pre-existing elements used to provide the service.

No rights over HyperFake’s internal tools, systems, workflows, prompts, source files, editable working files, models, processes, templates, methodologies or know-how are transferred to the client.

b) Client materials

All materials provided by the client remain the property of the client or their respective rights holders.

The client grants HyperFake a non-exclusive licence to use such materials only to the extent necessary to provide the contracted service, including brand analysis, brief generation, creative development, production, review and delivery.

The client represents and warrants that it has all rights, licences, permissions and authorisations necessary to provide such materials and to allow HyperFake to use them within the scope of the contracted project.

c) Creative materials

Creative materials may include, among others, concepts, creative routes, scripts, copy, art direction proposals, visual references, moodboards, storyboards, narrative structures, creative presentations, prompts visible to the client, production ideas, campaign structures and any other non-final materials generated during the creative phase.

Unless expressly agreed otherwise, creative materials are provided for review, validation and approval within the HyperFake workflow only.

Payment for the creative phase does not transfer ownership of the creative materials and does not grant the client the right to use them externally, produce them with third parties, adapt them, publish them, exploit them commercially or use them as the basis for an internal or external production outside HyperFake.

If the client decides not to contract or complete the production phase with HyperFake but wishes to use the creative materials externally, the client must request and pay for a separate Creative License.

d) Creative License

A Creative License is a separate licence that may allow the client to use specific creative materials outside the HyperFake production workflow.

The Creative License shall only be valid if expressly accepted in writing by HyperFake and paid in full by the client.

The scope of the Creative License may define, among other aspects:

the specific creative materials licensed;

the authorised use;

the permitted media, channels or platforms;

the territory;

the duration;

whether adaptations are allowed;

whether third-party production is allowed;

and any other applicable limitations.

Unless the Creative License expressly states otherwise, no ownership transfer, exclusivity, resale right, sublicensing right or right to access HyperFake’s internal prompts, systems, source files or workflows shall be granted.

HyperFake may refuse to grant a Creative License where, in its reasonable judgment, the requested use may affect its rights, reputation, business model, third-party rights, legal compliance or the integrity of the project.

e) Final deliverables

Once all amounts due for the contracted project have been paid in full, HyperFake grants the client a licence to use the approved final deliverables under the terms and scope agreed for the project.

Unless expressly agreed otherwise, this licence allows the client to use the final delivered audiovisual piece for its own brand, marketing, advertising, communication or commercial purposes, in the formats, channels, platforms, territory and duration agreed in the accepted budget, proposal, checkout, platform or project documentation.

Where no specific limitation is stated in the accepted commercial terms, the licence shall be understood as a non-exclusive, worldwide licence for the client’s own brand communication and advertising purposes, subject always to these Terms, third-party rights, applicable law and any limitations affecting third-party materials, platforms, music, stock assets, talent, AI providers or licensed components.

f) What is not transferred

Unless expressly agreed in writing, the following are not transferred or licensed to the client:

internal prompts;

system prompts;

technical metadata;

AI workflows;

source files;

editable project files;

raw working files;

internal versions;

discarded proposals;

unselected creative routes;

intermediate assets;

models;

templates;

automation logic;

production methods;

back-office materials;

know-how;

or any material not expressly identified as a final deliverable or as licensed material under a Creative License.

g) Watermarked materials and previews

Any preview, draft, work in progress, creative presentation, production preview or watermarked material is provided solely for internal review and approval by the client.

The client may not publish, distribute, reproduce, use commercially, remove watermarks from, modify or exploit such materials unless HyperFake has expressly authorised it in writing and the applicable amounts have been paid in full.

h) Third-party rights and limitations

Some deliverables may include or depend on third-party tools, AI providers, stock assets, music, fonts, plugins, models, platforms or technical services.

The client’s use of the final deliverables may be subject to the terms, licences, restrictions or technical limitations applicable to such third-party components.

HyperFake shall inform the client of any material usage limitation known to HyperFake where reasonably relevant to the contracted project.

17. Permitted use

You may not use HyperFake for unlawful activities, infringements of third-party rights, fraud, impersonation, malware, platform abuse or the generation of content contrary to law or our policies.

18. Suspension and termination

We may suspend or terminate the service in the event of material breach, non-payment, abusive use, legal or technical risk, or legal requirement.

The client may stop using the platform at any time, without prejudice to payment obligations already accrued.

19. Liability

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

  • indirect or consequential losses;

  • loss of profit;

  • loss of opportunity;

  • delays attributable to the client or to third parties beyond our reasonable control;

  • blocks, changes or failures of third-party platforms;

  • use of the deliverable outside the agreed scope, territory, medium or purpose;

  • unauthorised use by the client of creative materials, previews, drafts, concepts, storyboards, scripts or intermediate assets outside the agreed scope;

  • claims arising from the client’s use of creative materials without a valid Creative License or outside the final deliverable licence granted after full payment.

Nothing in the foregoing shall limit non-waivable consumer rights or liability for wilful misconduct or for any matters that cannot legally be excluded.

20. Data protection

The processing of personal data is governed by the HyperFake Privacy Policy.

Where HyperFake processes personal data on behalf of the client in its capacity as processor, the corresponding Data Processing Addendum (DPA) of HyperFake, available at www.hyperfake.studio/legal/dpa, shall apply and is hereby incorporated by reference into these Terms, regulating the parties’ obligations regarding data protection in accordance with applicable law.

In the event of conflict between the DPA and these Terms in matters of data protection, the DPA shall prevail with respect to such processing carried out on behalf of the client.

21. Governing law and jurisdiction

These Terms shall be governed by the laws of Spain.

These Terms shall be governed by the laws of Spain.

If the user is a consumer, the mandatory rights granted by the applicable law of the user’s place of residence shall not be limited. If the client acts as a company or professional, the parties submit to the courts and tribunals of Valencia, unless mandatory law provides otherwise.

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