Effective Date: November 22, 2024
Last Updated: November 22, 2024

These Terms of Service (“Terms”) govern the use of the services provided by Hypeak Capital, a trade name of Eterstain SAS, a company registered under the laws of France with its registered office at 22 rue Gabriel Péri, La Garenne Colombes, 92250, France (“we,” “us,” or “our”). By accessing or using our services (“Services”), you (“User”) agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue the use of our Services.

1. Eligibility
To access and use our Services, you must meet the following criteria:
- Legal age. You must be at least 18 years old or have reached the age of majority in your jurisdiction.
- Financial qualifications. You must demonstrate sufficient financial standing, including but not limited to an acceptable credit score, and the ability to access financing systems within the United States or equivalent systems in your jurisdiction.
- Business intent. You must intend to acquire or operate a business in good faith and be actively involved in the acquisition process as outlined in our consulting framework.
- Legal capacity. You must be legally capable of entering into binding agreements and not be subject to any legal restrictions or prohibitions that would prevent you from engaging in business transactions.

By using our Services, you represent and warrant that you meet these eligibility requirements. If at any time we determine that you do not meet these criteria, we reserve the right to terminate or suspend your access to the Services without notice.

2. Nature of services
Our Services are limited exclusively to consulting support designed to assist individuals and businesses in understanding and navigating the process of acquiring other businesses. This includes providing guidance on strategy, operational insights, and general support related to business acquisition.

We do not act as licensed brokers, financial advisors, or intermediaries in any jurisdiction. We do not negotiate transactions, provide investment advice, or perform services requiring regulatory licenses. Our role is strictly limited to consulting, as defined within the scope of these Terms.

3. Payments and refunds
3.1 Payments
Payment for our Services is required upfront and must be made via credit card or bank transfer. Specific payment terms will be outlined in your agreement with us.

3.2. Refund policy
Refunds are subject to the following conditions:Requests must be submitted in writing to contact@eterstain.io within 14 days of payment.

Refunds will be reviewed and approved at our sole discretion, based on compliance with the terms of the agreement.For further information, please contact us at contact@eterstain.io.

4. Intellectual property
All content provided as part of our Services, including but not limited to documents, templates, presentations, videos, and written materials (the “Materials”), is the exclusive property of Hypeak Capital or its licensors.

Copyright notice
© Hypeak Capital 2024. All rights reserved. No part of the Materials may be reproduced, distributed, transmitted, or used in any form or by any means without prior written permission from us. Unauthorized use of the Materials is strictly prohibited and may result in legal action.Users are granted a limited, non-transferable, non-exclusive license to access and use the Materials solely for the purposes of engaging with our Services. This license does not grant ownership or any other rights to the Materials.

5. Guarantee
We offer a limited guarantee for eligible users:
“If you do not acquire a cash-flow business within 90 days of commencing our Services, we will continue to provide consulting support free of charge until you do.”

Conditions of guarantee
- This guarantee applies only to users who have fully complied with their obligations under these Terms and any additional agreements.
- Users must actively participate in the acquisition process as outlined in the consulting plan we provide.
- The guarantee is limited to the continued provision of consulting services and does not include financial compensation or reimbursement.

6. Limitation of liability
- Our role is strictly limited to providing consulting services as described in these Terms. We are not responsible for any investments, financial decisions, or business outcomes resulting from the use of our Services.
- We do not provide legal, financial, or investment advice and expressly disclaim any liability arising from reliance on such advice.
- We do not act as intermediaries or brokers in business transactions.
- Our liability, to the extent permitted by law, is limited to the amount paid for the Services during the six months preceding any claim.

Users acknowledge and agree that their participation in business acquisitions involves inherent risks, including financial loss, and that such risks are solely their responsibility.

7. Dispute resolution
These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with French law.

Jurisdiction
In the event of a dispute, the courts of the Paris Court of Appeal in France shall have exclusive jurisdiction, notwithstanding the plurality of defendants or warranty claims, including for emergency proceedings or protective measures.

8. Changes to the terms
We reserve the right to modify these Terms at any time. Updates will be effective immediately upon being posted on our website. Users are encouraged to review the Terms periodically. Continued use of our Services constitutes acceptance of the updated Terms.

9. Contact information
If you have any questions about these Terms or our Services, please contact us at:
- Email: contact@eterstain.io
- Address: 22 rue Gabriel Péri, La Garenne Colombes, 92250, France

By using our Services, you confirm that you have read, understood, and agree to be bound by these Terms of Service.