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Terms of Service

Last updated: January 25, 2025

1. Acceptance of Terms

By accessing and using the services provided by hypertransactions ("Company," "we," "us," or "our"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all visitors, users, and others who access or use our services, including but not limited to our website, software applications, and related services (collectively, the "Services").

2. Description of Services

hypertransactions provides cloud-based software services designed to help businesses and individuals manage their workflows, collaborate effectively, and improve productivity. Our Services include:

  • Access to our web-based application platform
  • Data storage and processing capabilities
  • Collaboration and communication tools
  • API access for integration with third-party services
  • Customer support and documentation

3. Account Registration

To use certain features of our Services, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

You must be at least 18 years old or have reached the age of majority in your jurisdiction to create an account. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

4. Acceptable Use Policy

You agree not to use our Services to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Transmit malware, viruses, or harmful code
  • Engage in unauthorized data mining or scraping
  • Harass, abuse, or harm others
  • Distribute spam or unsolicited communications
  • Attempt to gain unauthorized access to systems
  • Interfere with or disrupt the Services
  • Use the Services for illegal or fraudulent purposes
  • Resell or redistribute the Services without permission

5. Intellectual Property Rights

Our Property

The Services and all materials therein, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, and all other intellectual property rights are owned by or licensed to hypertransactions. Nothing in these Terms grants you any right to use our intellectual property except as expressly authorized.

Your Content

You retain ownership of any content you submit, post, or display through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Services.

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.

6. Payment Terms

Subscription Fees

Some features of our Services require payment of subscription fees. All fees are quoted in U.S. dollars unless otherwise specified. You agree to pay all applicable fees and taxes associated with your use of the Services.

Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Your subscription will automatically renew unless you cancel it before the renewal date.

Refunds

Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy. We may offer credits or refunds at our sole discretion.

7. Free Trial

We may offer a free trial period for new users. At the end of the free trial, your account will be automatically converted to a paid subscription unless you cancel before the trial period ends. We reserve the right to determine eligibility for free trials.

8. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.

9. Confidentiality

Each party agrees to maintain the confidentiality of any confidential information received from the other party. This obligation does not apply to information that:

  • Is or becomes publicly available through no breach by the receiving party
  • Was rightfully known by the receiving party prior to disclosure
  • Is independently developed without use of confidential information
  • Is required to be disclosed by law or court order

10. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Services will be uninterrupted or error-free
  • Defects will be corrected in a timely manner
  • The Services are free of viruses or harmful components
  • The results obtained from using the Services will be accurate or reliable

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HYPERTRANSACTIONS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless hypertransactions, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content
  • Any misrepresentation made by you

13. Termination

Either party may terminate these Terms at any time. You may terminate by closing your account and discontinuing use of the Services. We may terminate or suspend your account immediately, without prior notice, if:

  • You breach these Terms
  • You fail to pay applicable fees
  • We are required to do so by law
  • We discontinue the Services

Upon termination, your right to use the Services will immediately cease. All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.

17. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and hypertransactions regarding the Services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Notices

All notices under these Terms shall be in writing and deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail to the addresses provided.

19. Contact Information

If you have any questions about these Terms of Service, please contact us at:

hypertransactions

Email: legal@hypertransactions.com

Website: https://hypertransactions.com

Legal Department