Terms of Service

1. Who we are and what these terms cover

Hipereach is an independent performance marketing company. We run paid social campaigns on TikTok and Meta for brands we own and for brand partners, meaning companies that sell their own products or services and pay us for agreed results. The company behind the website and the services is Hipereach, with its registered office at 166 ter rue d'Aguesseau, 92100 Boulogne-Billancourt, France. Company details are in the Legal Notice.

These terms apply in two situations:

• when you visit or use the website, whoever you are;
• when a business works with us on campaigns, as general terms that sit underneath the written agreement for that work.

The signed agreement with a brand partner always comes first. Where it says something different, the agreement wins on that point, and these terms cover whatever it leaves out. Conditions printed on a purchase order or in a supplier portal do not apply unless both sides accept them in writing.

The campaign work is sold only to companies and to professionals acting for their business, not to consumers.

2. Definitions

A few words have a fixed meaning in these terms:

• "We", "us" and "our" mean Hipereach.
• "You" means the person using the website or, for business services, the company that works with us and the people acting for it.
• "Brand partner" means a company that sells its own products or services and has asked us to run campaigns for them.
• "Agreement" means the written agreement between us and a brand partner for a specific piece of work, including its schedules and any written amendments.
• "Platform" means an advertising platform we run campaigns on: currently TikTok, through TikTok for Business, and Meta, which covers Facebook and Instagram.
• "Result" means the outcome a brand partner pays for, such as a qualified lead or a completed sale, counted the way the agreement describes. It is priced per result or as a share of the revenue those results bring in.
• "Materials" means anything a brand partner gives us for the work: product information, prices, logos, images, video, copy and landing page content.

3. Using the website

You may read, print and link to any page on hipereach.com for a lawful purpose. Nothing on the site needs an account, and there is no contact form: all correspondence goes by email.

When using the website, please do not:

• copy large parts of it by automated means, such as bulk scraping, mirroring or systematic downloading (ordinary search engine indexing is welcome);
• try to break, overload or probe the site, its hosting or its security, other than responsible reporting of a vulnerability as described in the Legal Notice;
• present our content as your own, or reproduce it in a way that suggests we endorse you or your product;
• use the site in any way that breaks the law where you are or where we are.

4. Acceptable use

Whether on the website, by email or during a partnership, you agree not to:

• send us material you have no right to share, or personal data about other people without a lawful reason to share it;
• ask us to advertise a product or service that is prohibited or restricted in the target market or under the platforms' advertising policies;
• brief us on claims you cannot support, invented reviews or testimonials, a hidden price or recurring charge, or countdown timers and stock warnings that are not true;
• ask us to aim advertising at people under 18, or at groups defined by health, religion, political views or other sensitive characteristics;
• have us send people to a page other than the one shown in the ad, show ad reviewers a different page from the one visitors see (cloaking), or get around a platform's ad review by any other means;
• use anything we deliver to mislead consumers or regulators.

Work of this kind is turned down at the review stage. If it only comes to light after launch, the campaigns stop as described in section 15.

5. Business services and agreements

Every partnership goes through the same five steps, in this order.

1. Brief: what you sell, in which markets, at what price, and which result you want to pay for. An email to hello@hipereach.com with the subject "Campaign brief" and a link to the product page is enough to start.
2. Review: the product, its claims and its landing pages, checked against TikTok and Meta advertising policies and local law, plus the economics. Some briefs end here, and we say why.
3. Written agreement: the result, how it is counted, its price, the markets, the test budget and period, reporting and invoicing.
4. Test: campaigns run on the test budget for the agreed period, under a written spend limit that is not exceeded without your written approval.
5. Decision: we scale within the agreed limits or stop, and send you the numbers and our reasoning in writing.

Proposals, estimates and emails exchanged before signature bind neither side. An agreement exists only once both parties have signed it or confirmed it in writing.

Pay-on-results terms. Under most agreements we fund the media budget ourselves and you pay only for results, at the price or share set in the agreement. There are no retainers and no hourly fees. Results are counted from the source the agreement names, usually your own store backend or CRM, not from platform-reported conversions alone. If the platform reports more sales than your backend shows, the backend figure is invoiced.

Invoices and payment. Once a month we reconcile spend and results against your records and invoice the reconciled figures, in the currency and on the payment terms set in the agreement. If you dispute part of an invoice, tell us in writing before it falls due and pay the undisputed part on time; the disputed lines are then checked against both sides' records. Late payments bear interest at the rate set in the agreement or, failing that, at the rate provided by law. Between businesses in France, a fixed recovery fee of 40 euros is also due for each invoice paid late (Articles L441-10 and D441-5 of the French Commercial Code).

Test budgets. Many first tests do not reach the target cost per result. That is normal, and it is why the test budget is limited in writing. When a test does not work, we stop and tell you what was tried and what the data showed. Unless the agreement says otherwise, you owe nothing beyond the results actually delivered.

Our part. We do the work with the care and skill expected of a professional media buyer. Someone on our team goes through the campaigns every working day, you get a written summary each week, and each month closes with the reconciliation. Reports use the ad account's time zone and break results down by campaign, ad group or ad set, ad, placement and country.

6. What brand partners are responsible for

Our ads are written from the information you give us, and a platform can restrict an ad account over a landing page as readily as over an ad. As a brand partner, you agree to:

• give us accurate, current information about your products or services (price, recurring charges, delivery times, availability, cancellation and refund terms) and tell us promptly when any of it changes;
• own, or be licensed to use, the Materials you send, such as trademarks, product photos, music and footage of people (with those people's consent), and allow us to use them for the agreed campaigns while the agreement runs;
• make only claims you can support with evidence (a "clinically tested" line needs the test report), and send us that evidence before launch when we ask for it;
• keep the landing pages, checkout and forms you control lawful, consistent with the ads and within TikTok's and Meta's advertising policies, with clear pricing, a visible privacy notice, working contact details and consent collection where the law requires it;
• deliver what your customers pay for, and handle their orders, refunds and complaints under the consumer law that applies to you;
• tell us without delay about a product recall, a regulator's inquiry, a platform warning on your own accounts, or anything else that affects whether the campaigns can lawfully continue.

If a claim, a piece of Material or a landing page that you supplied or control breaks the law or infringes someone else's rights, you are responsible for it. You will cover the reasonable costs we incur as a direct result, such as legal fees for answering a complaint, and any amount we must pay a third party under a court decision or a settlement you approved. The same applies to us for ads and pages we write or produce ourselves, unless we built them from information you gave us that turned out to be wrong.

7. Access to advertising accounts

Campaigns normally run from ad accounts that we own and fund. When a brand partner would rather have them in its own ad account, the partner either adds us as a partner in TikTok Business Center or Meta Business Manager, or approves our internal tools on the platform's own authorization page.

By granting access, you confirm that you own the ad account or are authorized by its owner to share it with us. The role you give us should match the agreed work and go no further.

The access is used for the agreed work and nothing else: building and editing campaigns, moving budgets within the agreed limits, uploading approved creative, and reading performance data for reports. Unless you ask in writing, we do not change the account's payment method, add or remove users, or move the account to another business. Every change we make is recorded with the person or rule responsible and the time, and you can ask to see that record. Whichever account the campaigns run in, our work follows the platform's terms and advertising policies.

Through its own tools and official interfaces, the platform gives us account details, campaign settings and aggregated performance data for your account. That data is used only to run and report on your campaigns. It is not sold, rented or handed to anyone other than you. The Privacy Policy describes the processing in more detail.

You can remove our access at any time, without notice and without giving a reason, as described on the Data Deletion page. Removing access does not by itself end the agreement or cancel amounts owed for results already delivered. Who funds the media spend in your own account is set in the agreement.

8. Advertising platforms

TikTok and Meta are independent companies. Their terms, advertising policies and data policies apply to every campaign alongside these terms, and they decide which ads may run.

A platform can reject an ad, limit its delivery, change how results are reported, restrict an ad account or rewrite a policy with little or no warning. We do not control those decisions and are not responsible for them, nor for platform outages, reporting delays or billing errors made by a platform.

Rejections and account restrictions are picked up at the daily review, so you hear about one within a working day, with the platform's reason (if it gave one) and our proposal: a compliant edit, or an appeal if we think the decision was wrong.

Hipereach is not sponsored, endorsed or certified by TikTok or Meta. Where this website names one of their products, it is only to say which tool we use.

9. Intellectual property

Website content. The text, layout, graphics and background images on this website belong to Hipereach. Short quotations with a link back to the page are fine; any other reuse needs our written permission.

Campaign creative. Ownership of the ads, videos, images and landing pages produced during a partnership, and what each side may do with them after the agreement ends, is set in each agreement. Your Materials remain yours in every case. Our working methods, naming conventions, templates, internal tools and report formats remain ours, including when we use them in work for you.

Third-party marks. TikTok, Meta, Facebook and Instagram are trademarks of their respective owners. They appear here only to identify the platforms we work on.

10. Confidentiality

During a partnership each side sees information the other would not publish: margins, sales and lead figures, customer data, creative that has not launched, campaign results, the prices in the agreement. Both parties agree to use the other's confidential information only for the agreed work, to share it only with staff and professional advisors who need it and are bound by confidentiality, and to protect it at least as carefully as their own.

These duties do not cover information that is public through no fault of the receiving party, was already lawfully known to it, was developed independently, or must be disclosed by law or by a court. In that last case the party required to disclose tells the other first, where the law allows.

We do not name brand partners publicly, show their ads as examples or publish their results without written permission.

11. Personal data

How we handle personal data, including the data we receive when we manage an ad account, is explained in the Privacy Policy. The website itself sets no cookies and loads no analytics; the Cookie Policy has the details.

Some partnerships involve personal data that we process on a brand partner's behalf, for example leads collected on a landing page we run for that partner. The partner is then the controller and we act as its processor, and a data processing agreement meeting Article 28 GDPR is signed before any such data is processed. It covers security measures, the providers we rely on and any transfer outside the European Economic Area, which takes place only under an adequacy decision of the European Commission or its standard contractual clauses. If a personal data breach affects that data, we tell the partner without undue delay, so that it can notify its supervisory authority within the 72 hours set by Article 33 GDPR where notification is required.

Each party stays responsible for its own compliance, including having a lawful basis and giving the notices required on the pages it controls. A brand partner's customer list is never uploaded to a platform unless the partner instructs us to in writing and the processing agreement covers it.

12. No guarantee of results

Advertising outcomes depend on things we do not control: the product and its price, the season, competitors in the same auction, platform delivery, and how well your own checkout or sales team converts. So we do not promise a number of leads or sales, a cost per result or a return on ad spend, unless a specific figure is written into an agreement as a commitment.

Forecasts, benchmarks and test plans we share are estimates made in good faith, and they can be wrong. Under pay-on-results terms that matters less than it might, since you pay only for results that were delivered and counted.

13. Disclaimers

Information on this website describes how we work. It is general, and it is not legal, tax or financial advice. Descriptions of TikTok and Meta products reflect our understanding at the time of writing. The platforms change their products often, and their own documentation is the reference.

The website is provided as it is. To the extent the law allows, we give no warranty that it will be available without interruption or free of errors. Links to other websites are there for convenience; those sites are outside our control, and so are their content and privacy practices.

14. Limitation of liability

Nothing in these terms or in any agreement limits or excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• gross negligence or willful misconduct;
• anything else that cannot be limited or excluded under the applicable law.

Subject to that, and unless an agreement sets different limits:

• neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business or goodwill, even where the loss was foreseeable;
• each party's total liability under an agreement is limited to the amounts paid and payable to us under that agreement in the twelve months before the event that gave rise to the claim;
• that limit does not reduce a brand partner's obligation to pay for results delivered.

Use of the website is free, and as far as the law allows, our liability for it is limited to direct loss caused by our own breach of these terms. If you use the website as a consumer, you keep every right that consumer law in your country gives you.

15. Suspension and termination

Access to the website may be blocked for a device or network that is scraping it, attacking it or otherwise breaking section 3.

For business services, we may pause campaigns straight away, without this counting as a breach, when:

• a platform flags an ad, a landing page or an account for a policy issue;
• information or Materials turn out to be inaccurate, or a claim cannot be supported;
• continuing would expose either party to a clear legal risk;
• an invoice is still unpaid after its due date and a written reminder.

You are told the reason the same working day, and the campaigns resume once the issue is fixed, if it can be.

Either party may end an agreement as the agreement allows, or by written notice with immediate effect if the other seriously breaches it and has not put the breach right 15 days after a written request. When an agreement ends, we pause the campaigns run for you, send a final report and reconciliation, invoice results delivered up to the end date, and return or delete your Materials and data as described on the Data Deletion page. If we had access to your ad account, we remove ourselves from it; you can also remove that access yourself at any time.

The sections on confidentiality, intellectual property, personal data and liability, along with payment for delivered results and governing law, continue to apply after an agreement ends. Confidentiality lasts for as long as the information stays confidential.

16. Governing law and disputes

These terms, and any dispute arising from them or from use of the website, are governed by the laws of France, without regard to its conflict-of-law rules. An agreement may choose a different law for the work it covers.

Please write to us before going to court. Most disagreements about campaigns come down to how a result was counted, and comparing records line by line usually settles them.

If a dispute between businesses cannot be settled that way, the courts with jurisdiction over our registered office have exclusive jurisdiction. A consumer who uses the website keeps the protection of the mandatory rules of the country where they live, and the right to bring proceedings there.

17. General provisions

Events outside anyone's control. Neither party is liable for a delay or failure caused by events it could not reasonably control, such as a platform-wide outage, a network failure, a natural disaster or a government measure. Payment for results already delivered is still due.

Transfer. Neither party may transfer an agreement without the other's written consent, except in a merger or the sale of its business, after written notice.

Invalid clauses and waivers. If a clause is found invalid, the rest still applies, and the clause is replaced by a lawful one as close as possible to its purpose. Not enforcing a right straight away does not mean giving it up.

Language. These terms are written in English. If we give you a translation, the English text prevails where the two differ, unless the law requires otherwise.

18. Changes to these terms

These terms may be updated when our services, the law or platform rules change. The date at the top of this page shows when they last changed, and updated terms apply to use of the website from the day they are published.

A change here does not alter an agreement that is already signed. If an update would matter to a brand partner we work with, that partner hears about it by email before it takes effect. Earlier versions are available on request.

19. Contact

Questions about these terms go to hello@hipereach.com. If you are a brand partner and the question concerns a live agreement, use the subject "Brand partnership" so it reaches the person who handles your account. You will get a reply within two business days. We correspond in English and French, and the mailbox is read Monday to Friday, 09:00 to 18:00 (CET).

Letters can be sent to Hipereach, 166 ter rue d'Aguesseau, 92100 Boulogne-Billancourt, France. Email is faster.