Welcome to Hyperion. These Terms of Service ("Terms") constitute a legal agreement between you ("User", "Customer" or "you") and Hyperion Finance, Inc., a corporation organized under the laws of the State of Delaware, with principal place of business at 1413 Ave Ponce de León, Suite 301B, San Juan, PR 00907 ("Hyperion", "we" or "our"). By creating an account, accessing or using the services described in these Terms, you agree to be legally bound by them. If you do not agree, you may not use the Services.
To use the Services you must (a) be at least 18 years old; (b) have legal authority to bind the Business identified on your Account; and (c) provide truthful, complete, and current information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account.
The first user to register the Business is designated as Administrator and has authority to bind the Business to these Terms, grant access to additional team members, define permission levels, and revoke access. Persons invited by the Administrator ("Members") are subject to these Terms and to the permissions granted. The Administrator is responsible for the actions of Members.
When you request assistance from our support team, the Administrator may grant temporary access to authorized Hyperion personnel to diagnose or resolve issues. Such access requires affirmative action by the Administrator and may be revoked at any time.
By using the filing automation Services, you grant Hyperion limited authorization to: (a) prepare, electronically sign, and submit forms and returns to applicable governmental agencies on your behalf; (b) access your account on the relevant agency portals (including, without limitation, the Sistema Unificado de Rentas Internas (SURI), COFIM portal, Municipio de San Juan procedures, and, when available, BOI systems) through the delegated access you grant us; (c) use the bank information you make available through our payment processor (Stripe Connect) to remit tax payments on your behalf when you instruct us to do so; and (d) receive communications and government notifications related to the automated filings.
Important: Hyperion uses its own commercial accounts on the government portals to submit on your behalf; we do not store your government portal credentials for recurring use. You grant Hyperion delegated access to your agency account through the mechanism the agency provides for that purpose.
In accordance with the Puerto Rico Electronic Transactions Act (Law No. 148-2006) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), you consent that (a) agreements, authorizations, and disclosures between Hyperion and you may be formalized through electronic means; (b) your electronic signature shall have the same legal effect as a handwritten signature; and (c) you may withdraw this consent by contacting us in writing, in which case certain Services may not be available.
Hyperion is a technology automation platform, not a law firm or accounting firm. The information, tools, and automations provided do not constitute legal, tax, accounting, or financial advice. Hyperion does not act as your attorney, certified public accountant, or licensed registered agent unless expressly agreed in writing. For professional advice, you should consult an attorney, accountant, or other professional licensed in Puerto Rico.
For all governmental filings, the legally responsible party for the truthfulness and completeness of the information submitted is you or your Business. Hyperion automates the preparation and submission process; you certify the accuracy of the data.
Payment processing on the Platform is performed through Stripe, Inc. and/or Stripe Payments Company (collectively, "Stripe"), as the registered payment processor. Hyperion is not a payment processor or financial institution; we do not hold your funds. When you enable payments for your Business via Stripe Connect, your relationship with Stripe is governed by Stripe's terms (stripe.com/legal) in addition to these Terms.
For subscription fees and professional services charged by Hyperion, you authorize Hyperion (through Stripe) to charge the payment method on file. Prices may be modified with 30 days' notice. Applicable taxes are your responsibility.
Platform subscription fees are refundable within 30 calendar days following the charge date, by written request to the notice email indicated on this site. After 30 days, subscription fees are non-refundable.
Fees and costs paid to governmental agencies (including, without limitation, incorporation fees, filing fees, fines, and taxes) are non-refundable once the filing or payment has been transmitted to the agency, since such funds are not held by Hyperion. Professional or automation services already completed (for example, an entity formation successfully registered, an IVU return filed) are likewise non-refundable.
You may not use the Platform to:
Hyperion reserves the right to suspend or cancel access to any Account that breaches these restrictions, with or without prior notice, and to cooperate with authorities in applicable investigations.
By creating an Account, you consent to receive electronic communications from Hyperion related to your Account, the Services, filings, security alerts, and required legal notices, via email or other electronic means. For SMS or WhatsApp communications, you may manage preferences in the Business settings on the Platform; sending "STOP" at any time will halt communications on those channels (except critical communications related to ongoing filings).
The Platform, its software, content, marks, and all associated rights are the property of Hyperion or its licensors. Hyperion grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform in accordance with these Terms. Data you upload to the Platform remains your property; you grant Hyperion a license to process it as necessary to provide the Services.
The Services may integrate with third-party systems you authorize (for example, Clover, Shopify, your banking institutions, and government agency portals). By authorizing such connections, you permit Hyperion to exchange data with those systems on your behalf for the purposes of the Services. Third-party services are governed by their own terms; Hyperion is not responsible for the availability, accuracy, or compliance of such third parties.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted availability, or freedom from errors. Hyperion does not warrant that automated filings will be accepted by governmental agencies without objection, nor that third-party information (including agencies and processors) will always be accurate or current.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERION'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS (US$100.00) OR (b) THE FEES PAID BY YOU TO HYPERION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL HYPERION BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, GOVERNMENT FINES, OR TAX INTEREST, EVEN IF HYPERION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not permit the exclusion or limitation of certain damages; in those jurisdictions the limitations will apply to the maximum extent permitted by law.
You will indemnify, defend, and hold harmless Hyperion, its officers, directors, employees, agents, and affiliates from and against any claim, demand, loss, liability, fine, penalty, damage, cost, and expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of applicable laws or third-party rights; (d) the inaccuracy of any information you provide to Hyperion or to governmental agencies through the Platform; or (e) the operations of your Business.
Hyperion shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including without limitation: natural disasters (hurricanes, earthquakes), power outages, telecommunications failures, unavailability or changes in governmental agency systems (including SURI, COFIM, and municipal procedures), governmental actions, pandemics, or labor disputes.
Hyperion may modify these Terms by publishing an updated version on the Platform and, when appropriate, by notifying the Administrator by email. Changes take effect on the date stated in the updated version. Continued use of the Services after such date constitutes your acceptance of the new Terms.
You may terminate your Account at any time by following the procedures on the Platform or by contacting us at the notice email indicated on this site. Hyperion may suspend or terminate your access to the Services if you breach these Terms, present risk of fraud or unlawful activity, or if required by law. Provisions that by their nature should survive termination (including Sections 6, 11, 13–16, 19, and 20) will survive.
These Terms are governed by the laws of the Commonwealth of Puerto Rico, without giving effect to its conflict-of-laws principles. Subject to the arbitration clause (Section 20), any permitted judicial action shall be brought exclusively in the state and federal courts located in San Juan, Puerto Rico, and the parties consent to personal jurisdiction of such courts.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
20.1 Mandatory arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be held in San Juan, Puerto Rico before one (1) arbitrator. The arbitrator's decision shall be final and binding, and may be entered for confirmation in any court of competent jurisdiction.
20.2 Class action waiver. You and Hyperion agree that each may bring claims against the other only in your individual capacity, and not as a plaintiff or class member in any class, representative, or group proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding.
20.3 Exceptions. Notwithstanding the foregoing, (a) either party may bring claims in a small-claims court (Sala Municipal del Tribunal de Primera Instancia of Puerto Rico) if the claim qualifies; and (b) either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or to prevent misuse of the Platform.
20.4 Federal Arbitration Act. This arbitration clause is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) to the extent applicable, and by the Puerto Rico Commercial Arbitration Act (32 LPRA § 3201 et seq.).
20.5 Costs. Each party shall bear its own arbitration costs and attorneys' fees, subject to what the arbitrator may award under the AAA rules.
