Last revised - August 5, 2024

Welcome to the Terms of Service (these “Terms”) for access to and use of the website located at https://gohyper.ai/ and its subdomains, including all data, content, and functionality thereon (collectively, the “Website”), which is operated on behalf of Hyper Technologies, Inc. (“Company,” “we,” “us,” or “Hyper”).

These Terms govern your access to and use of the Website. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Website, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Website.

For purposes of these Terms, “you” and “your” means you as the user of the Website. If you use the Website on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Please note that Section 7 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 7.

1. Who May Use the Website

You must be 18 years of age or older and reside in the United States or any of its territories to use the Website. By using the Website, you represent and warrant that you meet these requirements.

2. Location of Our Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use the Website. For an explanation of our privacy practices, please visit our Privacy Policy located at the footer section of our homepage.

3. Billing and Payment

You may be required to provide your credit card or bank account details to Hyper or the payment service provider retained by Hyper. All paid plans must enter a valid payment account.

Pricing and other payment terms of our paid plans are established by Hyper at our sole and absolute discretion. At any time, and for any reason, we may provide a discount or credit or other consideration to some or all of our customers with paid plans (a “Credit”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

We reserve the right to change our plans or adjust pricing for our service or any components thereof in any manner as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes will take effect following notice to you.

For paid plans, our service is billed in advance on a monthly basis. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. You are responsible for paying agreed-upon fees for our services. Users of our services will be liable for any taxes required to be paid on such services.

4. Rights We Grant You

License Grant. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the Website. This license has the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below.

Restrictions. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

• Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website.
• Duplicate, decompile, reverse engineer, disassemble or decode the Website (including any underlying idea or algorithm), or attempt to do any of the same.
• Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Website.
• Use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Website.
• Exploit the Website for any commercial purpose.
• Access or use the Website in any manner that could disable, overburden, damage, disrupt or impair the Website or interfere with any other party’s access to or use of the Website or use any device, software or routine that causes the same.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt the Website or the computer systems or networks connected to the Website.
• Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Website.
• Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Website to monitor, extract, copy or collect information or data from or through the Website, or engage in any manual process to do the same.
• Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems.
• Use the Website for illegal, harassing, unethical, or disruptive purposes.
• Violate any applicable law or regulation in connection with your access to or use of the Website.
• Access or use the Website in any way not expressly permitted by these Terms.

5. Ownership and Content

Ownership of the Website. The Website, including content, information, trademarks, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Website. We and our licensors reserve all rights in connection with the Website and its content, including the exclusive right to create derivative works.

Ownership of Trademarks. The Company’s name, the Company’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

6. Disclaimers, Limitations of Liability, and Indemnification

Disclaimers. Your access to and use of the Website are at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. Arbitration and Class Action Waiver

Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s Website and/or products, including the Website, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for equitable or injunctive relief pending the outcome of arbitration.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending a letter to the Company that must be postmarked within 30 days of your first acceptance of these Terms. The letter must specify your first and last name, and the mailing address where you can be contacted. The letter must state that you decline this arbitration provision. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

8. Termination and Suspension

Unless otherwise agreed to in writing between you and Hyper, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time by either using the features on the Site to do so (if applicable and available) or by written notice to legal@gohyper.ai. After cancellation, you will no longer have access to your Account, your profile or any other information through the Site. For paid plans, following any cancellation, you will be responsible for payment through the end of your current billing period. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of the Site and shall continue to apply indefinitely.

We reserve the right to refuse access to or use of the Site to anyone for any reason at any time. Hyper may terminate or limit your right to use the Site in the event that we are investigating or believe that you have breached any provision of this Agreement, by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice. If Hyper terminates or limits your right to use the Site pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Site is terminated or limited, this Agreement will remain enforceable against you. Hyper reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with these Terms of Service.

Hyper reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site at its sole discretion. Hyper is not liable to you for any modification or discontinuance of all or any portion of the Site. Hyper has the right to restrict anyone from completing registration as a user if Hyper believes such person may threaten the safety and integrity of the Site, or if, in Hyper's discretion, such restriction is necessary to address any other reasonable business concern.

Following the termination or cancellation of your Account (as defined below), we reserve the right to delete all your data in the normal course of operation. Your data cannot be recovered once your Account is terminated or canceled.

9. Links to Third-Party Websites

The Site may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Hyper or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Site as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Hyper does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Hyper is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Hyper has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Site at its sole discretion.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Hyper expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Site. You hereby agree to hold Hyper harmless from any liability that may result from the use of links that may appear on the Site.

As part of the functionality of the Site, you may link your Account with online accounts you may have with third-party service providers, such as Google (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Site; or (ii) allowing Hyper to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Hyper and/or grant Hyper access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Hyper to pay any fees or making Hyper subject to any usage limitations imposed by such third-party service providers. By granting Hyper access to any Third-Party Accounts, you understand that (1) Hyper may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Site via your Account, including without limitation any friend lists, and (2) Hyper may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your Account with the Third-Party Account. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account. Please note that if a Third-Party Account or associated service becomes unavailable or Hyper's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Site. You will have the ability to disable the connection between your Account and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY PROVIDERS. Hyper makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Hyper is not responsible for any SNS Content.

10. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that users see or read through the Site is owned by Hyper, which users hereby grant Hyper a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Hyper owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Hyper's express prior written consent.

Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of the Company.

The service marks and trademarks of Hyper, including without limitation Hyper and Hyper logos, are service marks owned by Hyper. Any other trademarks, service marks, logos and/or trade names appearing via the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Site, including without limitation about how to improve the Site and our services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Hyper under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Hyper does not waive any rights to use similar or related Feedback previously known to Hyper, developed by its employees, or obtained from sources other than you. You acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.

11. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Hyper and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Site in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Hyper in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Hyper upon termination of this Agreement for any reason whatsoever.

12. Additional Provisions

Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Website after the modifications have become effective will be deemed your acceptance of the modified Terms.

Termination of License. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Website of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Miscellaneous. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Website is operated by us in the United States. Those who choose to access the Website from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The Agreement, and any dispute or controversy arising from or related to it, will be governed by, and construed and enforced in accordance with the laws of the State of New York, without reference to any choice-of-law or conflict-of-law provisions of any jurisdiction, except as otherwise provided in Section 3.8 (Dispute Resolution and Arbitration) below with respect to the Federal Arbitration Act.

How to Contact Us:

Any questions or concerns regarding the use or disclosure of personal information should be directed to Hyper Technologies at legal@gohyper.ai

You may contact us regarding the Services or this Privacy Policy at:

Hyper Technologies, Inc.

1309 5th Ave, New York, NY 10029 USA

Email: legal@gohyper.ai