Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“you,” “Customer”) and HyperScale Ai (“HyperScale,” “we,” “us”) governing your access to and use of our software platform, agency and custom-development services, and this website (collectively, the “Services”). By creating an account, purchasing a plan, or otherwise using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not use the Services.

HyperScale Ai is a hybrid offering consisting of (a) a multi-tenant SaaS platform that provides CRM, project management, invoicing, communication, client portals, analytics, and built-in voice and chat AI agents; and (b) professional agency services including custom platform development, AI agent building, data migration, and automation. The specific features available to you depend on the plan you purchase or the statement of work you sign.

We may update, improve, or modify the Services over time. We will not make changes that materially reduce the core functionality of a paid plan during your then-current billing term without notice.

You must provide accurate, complete information when creating an account and keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized use. You must be at least 18 years old and able to form a binding contract to use the Services.

Paid plans are billed in advance on a recurring monthly or annual basis through our payment processor. Fees are stated on our pricing page and in any order form or statement of work. Unless stated otherwise:

• Subscription fees are non-refundable except where required by law.
• Annual plans receive the discount shown at checkout; plan changes take effect at the next billing cycle.
• Free trials, where offered, convert to a paid plan only if you elect to continue; we will not charge a card during an active no-card trial.
• A platform transaction fee may apply to payments processed through the platform, as disclosed at checkout.
• You are responsible for any taxes other than taxes on our net income.

We may change pricing on renewal with at least 30 days’ notice. Failure to pay may result in suspension or termination of the Services.

You agree not to, and not to permit others to:

• use the Services to violate any law or infringe the rights of others;
• upload malicious code, attempt to gain unauthorized access, or disrupt the integrity or performance of the Services;
• reverse engineer, resell, or sublicense the Services except as expressly permitted;
• send unsolicited bulk communications or use the AI agents to generate unlawful, deceptive, or abusive content; or
• use the Services to build a competing product.

We may suspend access to address material breaches that pose a risk to the Services or other customers.

You retain all rights to the data you submit to the Services (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the Services. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms. You are responsible for obtaining any consents required for the data you submit, including data about your own clients and contacts.

The Services, including all software, design, and content we provide, are owned by HyperScale Ai and protected by intellectual property laws. We grant you a non-exclusive, non-transferable right to use the Services during your subscription. For custom development engagements, ownership of deliverables is governed by the applicable statement of work. Feedback you provide may be used by us without restriction.

The Services include AI-powered voice and chat agents. AI output may be inaccurate or incomplete and should be reviewed before you rely on it for decisions. You are responsible for your use of AI output. We do not use your private Customer Data to train foundation models without your consent.

We provide the Services with reasonable skill and care. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted or error-free.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These Terms remain in effect while you use the Services. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing term. We may suspend or terminate the Services for material breach, non-payment, or as required by law. Upon termination, your right to use the Services ends and we may delete Customer Data after a reasonable retention period, subject to the Privacy Policy.

We may update these Terms from time to time. If we make material changes, we will provide notice through the Services or by email before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

Questions about these Terms? Reach us at [email protected] or through our contact page.