Please read these terms of use carefully before using our website or services.
By accessing or using the Hyperspec AI website, mobile applications, or any services provided by Hyperspec AI (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use our Services. Your acceptance of these Terms creates a legally binding agreement between you and Hyperspec AI. You acknowledge that your use of the Services is subject to your acceptance of these Terms, which govern all aspects of your interaction with our Services. Failure to comply with these Terms may result in the suspension or termination of your access to the Services, as well as potential legal action.
For the purposes of these Terms: "User" refers to any individual or entity accessing or using the Services. "Content" includes text, images, audio, video, software, data compilations, and any other form of information that can be stored in a computer. "User Content" means any Content submitted by Users. "Hyperspec AI Content" means Content created or owned by Hyperspec AI. These definitions are critical for understanding the rights and responsibilities outlined in these Terms. By defining these key terms, we aim to provide clarity and ensure that you fully understand the scope and implications of your use of our Services.
Hyperspec AI reserves the right to modify these Terms at any time. We will provide notice of significant changes by posting an announcement on our website or sending you an email. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms regularly to ensure that you are aware of any changes. By continuing to use our Services after the modifications take effect, you agree to be bound by the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services immediately.
4.1 Registration: To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process. Failure to provide accurate information may result in the suspension or termination of your account. 4.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information. 4.3 Account Termination: We reserve the right to suspend or terminate your account at our discretion, with or without notice, for any violation of these Terms or for any other reason. Upon termination, your right to use the Services will immediately cease, and any data associated with your account may be deleted.
You agree not to: 5.1 Use the Services for any illegal purpose or in violation of any local, state, national, or international law. 5.2 Violate or infringe other people's intellectual property, privacy, publicity, or other legal rights. 5.3 Impersonate or misrepresent your affiliation with any person or entity. 5.4 Interfere with or disrupt the integrity or performance of the Services. 5.5 Attempt to gain unauthorized access to the Services or related systems or networks. 5.6 Use any robot, spider, crawler, scraper, or other automated means to access the Services. 5.7 Collect or harvest any personally identifiable information from other users of the Services. Engaging in any of these prohibited activities may result in the suspension or termination of your account and legal action. Compliance with these conduct rules ensures a safe and respectful environment for all users.
6.1 Hyperspec AI Content: All Hyperspec AI Content is owned by or licensed to Hyperspec AI and is protected by copyright, trademark, patent, trade secret, and other laws. We reserve all rights not expressly granted in these Terms. Unauthorized use of Hyperspec AI Content is strictly prohibited. 6.2 User Content: You retain ownership of your User Content. By submitting User Content, you grant Hyperspec AI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Hyperspec AI's business. This license allows us to provide and improve our Services and to promote our business.
We respect the intellectual property rights of others and expect users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information: 7.1 A physical or electronic signature of the copyright owner or a person authorized to act on their behalf. 7.2 Identification of the copyrighted work claimed to have been infringed. 7.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. 7.4 Your contact information, including your address, telephone number, and an email address. 7.5 A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 7.6 A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
8.1 Privacy Policy: Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. 8.2 Data Collection: We collect and process personal data as described in our Privacy Policy. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate. 8.3 Data Security: We implement reasonable security measures to protect your personal data, but we cannot guarantee its absolute security. You acknowledge that providing your personal data is at your own risk. In the event of a data breach, we will take appropriate steps to notify affected users and mitigate any potential harm. Your privacy and data protection are important to us, and we are committed to handling your data responsibly.
9.1 Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. 9.2 Representations: You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate the rights of any third party. 9.3 Monitoring: We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or is otherwise objectionable. By submitting User Content, you agree to comply with these Terms and any applicable laws and regulations. You acknowledge that we are not responsible for any User Content and that you will hold us harmless from any claims arising from your User Content.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. Your use of third-party websites is at your own risk. We do not endorse or make any representations about third-party websites, and we are not liable for any loss or damage arising from your use of them. You should review the terms and privacy policies of any third-party websites you visit. These links do not imply any affiliation, sponsorship, or endorsement by us.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE DISCLAIM ANY LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HYPERSPEC AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You agree to indemnify, defend, and hold harmless Hyperspec AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms and your use of the Services. You agree to cooperate with us in the defense of any such claims.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief. You agree that any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction and venue of the courts located in San Francisco County, California. This governing law and jurisdiction clause ensures that any legal disputes are resolved in a consistent and predictable manner.
15.1 Informal Resolution: Before filing a claim against Hyperspec AI, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. 15.2 Arbitration Agreement: If the dispute is not resolved within 30 days of submission, you and Hyperspec AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 15.3 Arbitration Procedures: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. 15.4 Class Action Waiver: YOU AND HYPERSPEC AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This dispute resolution process ensures that disputes are resolved efficiently and fairly, without the need for costly litigation.
We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If you wish to terminate your account, you may simply discontinue using the Services. Termination of your account does not relieve you of any obligations to pay any fees or charges accrued prior to termination.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This severability clause ensures that the remaining provisions of these Terms remain effective and enforceable, even if one provision is found to be invalid or unenforceable. By agreeing to these Terms, you acknowledge that each provision is intended to be interpreted in a manner that ensures its enforceability and that you will comply with all valid provisions.
These Terms constitute the entire agreement between you and Hyperspec AI regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services. This entire agreement clause ensures that these Terms represent the complete understanding between you and Hyperspec AI concerning your use of the Services. Any amendments or modifications to these Terms must be made in writing and signed by both parties. By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
You may not assign or transfer these Terms, by operation of law or otherwise, without Hyperspec AI's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Hyperspec AI may freely assign or transfer these Terms without restriction. This assignment clause ensures that the rights and obligations under these Terms are not transferred without the proper consent and that Hyperspec AI retains the ability to assign its rights and obligations as needed. By agreeing to these Terms, you acknowledge the importance of maintaining the integrity of the assignment process.
Any notices or other communications provided by Hyperspec AI under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. This notices clause ensures that you receive important information in a timely and efficient manner. By providing your contact information, you agree to receive communications from Hyperspec AI and acknowledge that electronic communications satisfy any legal requirement that such communications be in writing.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hyperspec AI. This waiver clause ensures that the rights and provisions of these Terms remain enforceable even if one party does not immediately enforce them. By agreeing to these Terms, you acknowledge that any waiver must be explicit and documented, ensuring that both parties understand the terms and conditions of any waiver.
The section titles in these Terms are for convenience only and have no legal or contractual effect. This headings clause ensures that the section titles are not interpreted as having any substantive impact on the terms and conditions outlined in these Terms. The headings are intended to make the document easier to read and navigate, but they do not affect the meaning or interpretation of the provisions. By agreeing to these Terms, you acknowledge that the headings are included for organizational purposes only.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. This survival clause ensures that key provisions remain in effect even after the termination of your use of the Services. By agreeing to these Terms, you acknowledge that certain obligations and rights will continue to apply beyond the term of the agreement, providing ongoing protection and clarity for both parties.
Hyperspec AI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. This force majeure clause ensures that Hyperspec AI is not held responsible for events beyond its control that impact its ability to fulfill its obligations. By agreeing to these Terms, you acknowledge that certain unforeseen events may affect the performance of the Services and that Hyperspec AI will not be liable for any resulting delays or failures.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Services without the supervision of a parent or legal guardian. This age restriction clause ensures that the Services are used by individuals who have the legal capacity to enter into binding agreements. By using the Services, you represent and warrant that you are at least 18 years old or have obtained the necessary consent from a parent or legal guardian. Hyperspec AI reserves the right to terminate accounts or access for users who do not meet this age requirement.
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. This export control clause ensures that the Services are used in compliance with applicable export laws and regulations. By using the Services, you agree to comply with all relevant export control laws and acknowledge that failure to do so may result in legal consequences and termination of access to the Services.
The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Services are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. This government end users clause ensures that the Services are provided to government users in compliance with applicable regulations. By using the Services, government end users acknowledge and agree to the terms and conditions outlined in these Terms.
Any feedback, comments, ideas, improvements or suggestions provided by you to Hyperspec AI with respect to the Services shall remain the sole and exclusive property of Hyperspec AI. Hyperspec AI shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you. This feedback clause ensures that any input provided by users can be used to improve the Services without creating any additional obligations for Hyperspec AI. By providing feedback, you agree that Hyperspec AI has the right to use and incorporate your suggestions in any manner it deems appropriate.
From time to time, Hyperspec AI may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Hyperspec AI's sole discretion. This beta services clause ensures that users understand the experimental nature of beta features and accept any associated risks. By using beta features, you acknowledge that they may be unstable or incomplete and that Hyperspec AI is not liable for any issues that arise from their use. Feedback on beta features is encouraged to help improve the final product.
Users may access their Hyperspec AI account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Hyperspec AI, is bound by these Terms plus the following specific terms: 30.1 You expressly understand and agree that Hyperspec AI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hyperspec AI has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. 30.2 Abuse or excessively frequent requests to Hyperspec AI via the API may result in the temporary or permanent suspension of your account's access to the API. Hyperspec AI, in its sole discretion, will determine abuse or excessive usage of the API. Hyperspec AI will make a reasonable attempt via email to warn the account owner prior to suspension. This API terms clause ensures that users understand the limitations and responsibilities associated with using the API and agree to comply with any usage policies established by Hyperspec AI.
Hyperspec AI reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Hyperspec AI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. This modification of services clause ensures that Hyperspec AI retains the flexibility to make changes to its offerings as needed. By using the Services, you acknowledge that they may be subject to changes or interruptions and that Hyperspec AI is not responsible for any resulting inconvenience or loss.
Hyperspec AI will provide user support for the Services through its online knowledge base, community forums, and email support system. Hyperspec AI does not guarantee any specific response time for support requests. This user support clause ensures that users understand the available resources for obtaining assistance and that response times may vary. By using the Services, you agree to utilize the support resources provided and acknowledge that Hyperspec AI will make reasonable efforts to assist with any issues or inquiries.
For paid Services, Hyperspec AI will use commercially reasonable efforts to make the Services available with an uptime of 99.9% or greater. This availability guarantee does not apply to planned maintenance, force majeure events, or outages that result from any actions or inactions of you or any third party. This service level agreement clause ensures that Hyperspec AI commits to a high level of service availability while acknowledging that certain factors may impact performance. By using the Services, you accept the terms of the service level agreement and understand the limitations of the availability guarantee.
While Hyperspec AI regularly backs up the data stored on its servers, you are solely responsible for backing up your User Content. Hyperspec AI shall have no liability for any loss or corruption of User Content. This data backup clause ensures that users understand their responsibility for protecting their own data. By using the Services, you acknowledge that Hyperspec AI's backup measures may not cover all scenarios and that you should implement your own backup strategies to safeguard your information.
35.1 Definition: "Confidential Information" means all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. 35.2 Obligations: Each party agrees to (i) use the Confidential Information only for the purposes of these Terms; (ii) protect the confidentiality of the Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (iii) not disclose the Confidential Information to any third party except as necessary to perform its obligations under these Terms or as required by law. This confidentiality clause ensures that sensitive information exchanged between the parties is protected and used appropriately. By agreeing to these Terms, you acknowledge the importance of maintaining confidentiality and agree to comply with these obligations.
You grant Hyperspec AI the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided to us from time-to-time. This publicity clause ensures that Hyperspec AI can reference its relationship with you for marketing purposes while respecting your trademark guidelines. By agreeing to these Terms, you provide Hyperspec AI with the right to use your company name and logo in a manner that promotes both parties' interests.
You are responsible for paying all taxes associated with your use of the Services. If Hyperspec AI has the legal obligation to pay or collect taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. This taxes clause ensures that users understand their responsibility for any taxes related to their use of the Services. By using the Services, you agree to comply with all applicable tax laws and acknowledge that Hyperspec AI may invoice you for any taxes it is required to pay or collect on your behalf.
Hyperspec AI may use subcontractors or other third parties in carrying out its obligations under these Terms. Hyperspec AI remains responsible for all of its obligations under these Terms. This subcontractors clause ensures that Hyperspec AI retains responsibility for its obligations even when using third parties to perform certain tasks. By agreeing to these Terms, you acknowledge that subcontractors may be used and that Hyperspec AI will ensure compliance with these Terms through any third-party arrangements.
Each party shall comply with all applicable local, state, national and foreign laws in connection with its performance under these Terms. This compliance with laws clause ensures that both parties are aware of their obligation to adhere to all relevant legal requirements. By agreeing to these Terms, you acknowledge the importance of legal compliance and agree to fulfill all applicable legal obligations in connection with your use of the Services.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Hyperspec AI in any respect whatsoever. This no agency clause ensures that the relationship between you and Hyperspec AI is clearly defined as independent. By agreeing to these Terms, you acknowledge that there is no agency, partnership, or joint venture relationship, and you do not have the authority to act on behalf of Hyperspec AI.
The communications between you and Hyperspec AI use electronic means. For contractual purposes, you (a) consent to receive communications from Hyperspec AI in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hyperspec AI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. This electronic communications clause ensures that users consent to receiving information and communications electronically. By agreeing to these Terms, you acknowledge that electronic communications are legally binding and satisfy any requirements for written communications.
You acknowledge that any breach of your obligations with respect to Hyperspec AI's intellectual property and Confidential Information may cause Hyperspec AI irreparable injury for which there are inadequate remedies at law, and that Hyperspec AI will be entitled to seek equitable relief in addition to all other remedies available to it. This equitable relief clause ensures that Hyperspec AI can seek immediate legal action to prevent or address breaches of intellectual property and confidentiality obligations. By agreeing to these Terms, you acknowledge the importance of protecting Hyperspec AI's rights and agree that equitable relief may be necessary to address any violations.
All communications and notices to be made or given pursuant to these Terms must be in the English language. This language clause ensures that all legal and contractual communications are conducted in English. By agreeing to these Terms, you acknowledge that English is the governing language for all communications and notices related to these Terms and the Services.
The relationship between you and Hyperspec AI is that of independent contractors. Nothing in these Terms shall be construed to create a joint venture, partnership, franchise, or agency relationship between the parties. This independent contractors clause ensures that both parties understand their relationship as independent. By agreeing to these Terms, you acknowledge that there is no joint venture, partnership, franchise, or agency relationship, and that each party is responsible for its own actions and obligations.
During the term of these Terms and for one year thereafter, you agree not to solicit for employment any employees or contractors of Hyperspec AI with whom you have had contact or who became known to you in connection with your use of the Services. This non-solicitation clause ensures that both parties respect the other's employment relationships. By agreeing to these Terms, you acknowledge that soliciting employees or contractors of Hyperspec AI for employment is prohibited and agree to comply with this restriction.
All rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise. This cumulative remedies clause ensures that both parties retain all legal rights and remedies available to them. By agreeing to these Terms, you acknowledge that the exercise of any right or remedy does not limit or exclude any other rights or remedies that may be available.
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. This no third-party beneficiaries clause ensures that only the parties to these Terms have enforceable rights and obligations. By agreeing to these Terms, you acknowledge that no third party has any legal or equitable rights under these Terms and that the agreement is solely for the benefit of the parties involved.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THESE TERMS, OR THE TRANSACTIONS CONTEMPLATED HEREBY. This waiver of jury trial clause ensures that any legal disputes are resolved through arbitration or court proceedings without a jury. By agreeing to these Terms, you acknowledge that you are waiving the right to a jury trial and agree to resolve disputes through the specified legal processes.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This time limitation on claims clause ensures that disputes are addressed promptly and efficiently. By agreeing to these Terms, you acknowledge the importance of timely filing claims and agree to the specified time limitation for any legal actions related to the Services or these Terms.
The Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws. This geographic restrictions clause ensures that users understand the limitations on accessing the Services from outside the United States. By agreeing to these Terms, you acknowledge the potential legal restrictions and agree to comply with all applicable local laws.
51.1 Definition: "User Data" means any data, information, or material provided or submitted by you to the Services in the course of using the Services. 51.2 Ownership: You shall own all right, title and interest in and to the User Data, including all intellectual property rights therein. 51.3 License: You hereby grant to Hyperspec AI a non-exclusive, worldwide, royalty-free license to use, reproduce, process, adapt, publish, transmit and display the User Data for the sole purpose of providing the Services to you and for improving the Services generally. This user data clause ensures that you retain ownership of your data while granting Hyperspec AI the necessary rights to use and improve the Services. By agreeing to these Terms, you acknowledge the importance of data ownership and licensing for the effective provision of the Services.
Hyperspec AI may collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies. Hyperspec AI will be free to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Hyperspec AI offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. This service analytics clause ensures that Hyperspec AI can use data to improve the Services while protecting user privacy. By agreeing to these Terms, you acknowledge and consent to the collection and use of analytics data for these purposes.
You agree not to use the Services to: 53.1 Upload, post, email, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. 53.2 Impersonate any person or entity, including, but not limited to, a Hyperspec AI official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. 53.3 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services. 53.4 Upload, post, email, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. 53.5 Upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. 53.6 Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. 53.7 Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 53.8 Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. 53.9 Intentionally or unintentionally violate any applicable local, state, national or international law. This acceptable use policy clause ensures that users understand the rules for using the Services and agree to comply with these standards. By agreeing to these Terms, you acknowledge the importance of acceptable use and agree to follow the specified guidelines.
Hyperspec AI uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and User Data. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. This security clause ensures that users understand the measures Hyperspec AI takes to protect their data while acknowledging the inherent risks. By agreeing to these Terms, you acknowledge the importance of data security and agree to provide your information with an understanding of the potential risks.
Hyperspec AI shall have the right to audit your use of the Services to ensure compliance with these Terms. You agree to cooperate with Hyperspec AI's reasonable requests for access to your systems and records for this purpose. This audit rights clause ensures that Hyperspec AI can verify compliance with these Terms and address any issues. By agreeing to these Terms, you acknowledge the importance of compliance and agree to cooperate with any audits conducted by Hyperspec AI.
You shall, at your own expense, maintain and carry insurance in full force and effect with financially sound and reputable insurers, which includes but is not limited to comprehensive general liability insurance with limits no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Upon Hyperspec AI's request, you shall provide Hyperspec AI with a certificate of insurance from your insurer evidencing the insurance coverage specified in these Terms. This insurance clause ensures that users have adequate insurance coverage for any potential liabilities. By agreeing to these Terms, you acknowledge the importance of maintaining insurance and agree to provide proof of coverage upon request.
Any reference architecture, sample code, or other similar resources made available by Hyperspec AI are provided "as-is" without warranty of any kind. Hyperspec AI does not warrant or guarantee the accuracy, reliability, or performance of such resources. This reference architecture clause ensures that users understand the limitations and disclaimers associated with using reference materials provided by Hyperspec AI. By agreeing to these Terms, you acknowledge that reference materials are provided for informational purposes only and that Hyperspec AI is not liable for any issues arising from their use.
Hyperspec AI may make available certain features or functionality of the Services on a "beta" or trial basis. These features are made available to you for testing and evaluation purposes and are provided "as is" without any warranties. Hyperspec AI reserves the right to modify, change, or discontinue any beta features at any time without notice. This beta features clause ensures that users understand the experimental nature of beta features and accept any associated risks. By using beta features, you acknowledge that they may be unstable or incomplete and that Hyperspec AI is not liable for any issues that arise from their use. Feedback on beta features is encouraged to help improve the final product.
In the event that Hyperspec AI fails to meet the service level commitments outlined in these Terms, you may be eligible for service credits as described in our Service Level Agreement. Such credits shall be your sole and exclusive remedy for any failure by Hyperspec AI to meet its service level commitments. This service level credits clause ensures that users understand the remedy available for any service level failures. By agreeing to these Terms, you acknowledge the service level commitments and agree that service credits are the exclusive remedy for any issues related to service availability.
These Terms, including any additional terms, policies, and agreements incorporated by reference, constitute the entire agreement between you and Hyperspec AI concerning the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Hyperspec AI regarding the Services. This entire agreement clause ensures that these Terms represent the complete understanding between you and Hyperspec AI concerning your use of the Services. Any amendments or modifications to these Terms must be made in writing and signed by both parties. By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.