1. Acceptance of Terms

By registering for an account or using the Service in any way, you represent that you are at least 18 years old and have full authority to enter into this Agreement on behalf of yourself or your organization.

Hyperfy reserves the right, at its sole discretion, to modify these Terms at any time by posting updated Terms on the Platform. Your continued use of the Service after such modifications will constitute your acceptance of the updated Terms.

2. Definitions

• “Partner”: An entity or individual that subscribes to and uses the Service to white-label and resell services to End Customers.
• “End Customer”: Any third party who accesses the Service through the Partner.
• “Third-Party Services”: Third-party APIs, platforms, or other technologies integrated with the Service, including but not limited to OpenAI and Google Anthropic.

3. License and Use Restrictions

Hyperfy grants you a limited, non-exclusive, non-transferable license to use the Service in accordance with this Agreement.

• Modify, reverse engineer, or create derivative works based on the Service;
• Access the Service to develop a competing product or service;
• Remove or obscure any proprietary notices or markings on the Service;
• Use the Service for unlawful purposes or in violation of applicable laws.

4. Third-Party Services and API Compliance

The Service may access or integrate with Third-Party Services, including but not limited to OpenAI and Google Anthropic. You acknowledge and agree that:

• Your use of Third-Party Services is subject to their respective terms of service and privacy policies, which you are solely responsible for reviewing and complying with.
• Hyperfy disclaims all liability arising from your or your End Customers’ violation of Third-Party terms.
• Any suspension or termination of Third-Party Services may impact your access to the Service, and Hyperfy is not liable for such interruptions.

5. White-Label and Reseller Obligations

As a Partner, you may rebrand and resell the Service subject to the following:

• You must comply with all branding guidelines provided by Hyperfy.
• You may not make false claims about the origin or functionality of the Service.
• You are solely responsible for supporting your End Customers and ensuring their compliance with these Terms and applicable laws.

6. Data Privacy and Security

You agree to handle all End Customer data in accordance with applicable data protection laws, including but not limited to GDPR and CCPA.

Hyperfy implements reasonable security measures to protect data but disclaims liability for unauthorized access, data loss, or breaches caused by your negligence or that of your End Customers.

7. Fees and Payment

• You agree to pay all fees and charges in accordance with the agreed payment terms.
• Failure to pay may result in suspension or termination of your access to the Service.
• All fees are non-refundable unless expressly stated otherwise in a written agreement.

8. Disclaimer of Warranties

THE SERVICE IS 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, OR NON-INFRINGEMENT.

HYPERFY DOES NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

HYPERFY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HYPERFY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, DAMAGES, OR EXPENSES ARISING OUT OF:

• YOUR OR YOUR END CUSTOMERS’ USE OF THE SERVICE;
• YOUR BREACH OF THIS AGREEMENT; OR
• YOUR VIOLATION OF ANY THIRD-PARTY TERMS OR LAWS.

11. TERMINATION

Hyperfy reserves the right to terminate or suspend your access to the Service immediately if you breach these Terms or any applicable Third-Party Terms.

You may terminate this Agreement upon thirty (30) days written notice to Hyperfy. Termination does not relieve you of your payment obligations.

12. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED THROUGH BINDING ARBITRATION, THE LOCATION OF WHICH SHALL BE DETERMINED SOLELY BY HYPERFY.

13. FORCE MAJEURE

Hyperfy shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, or cyberattacks.

14. AMENDMENTS

Hyperfy reserves the right to modify these Terms at any time. Notice of changes will be provided through the Service or by email. Your continued use of the Service constitutes acceptance of the updated Terms.

15. Contact Information

For questions regarding these Terms, please contact: admin@hyperfy.ai