Terms of Service

By accessing or using the website at hypertekx.io (the "Site") or engaging Hypertekx Inc. ("Hypertekx", "we", "us", or "our") for any services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site or our services.

These Terms apply to all visitors, users, and clients of the Site and our services. We reserve the right to update these Terms at any time. Continued use of the Site after any changes constitutes your acceptance of the new Terms.

Hypertekx provides technology consulting, software development, AI and machine learning engineering, blockchain development, cloud infrastructure, and digital marketing services. The specific scope, deliverables, timelines, and pricing for any engagement are set forth in a separate Statement of Work (SOW) or Service Agreement executed between Hypertekx and the client.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of material changes to ongoing service engagements. Hypertekx does not guarantee specific outcomes, business results, or revenue generation from any services unless expressly warranted in writing in a service agreement.

You agree to use the Site and any information obtained from it only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the Site. You must not: use the Site to transmit any unsolicited commercial communications; attempt to gain unauthorized access to any part of the Site or its systems; use automated tools to scrape, crawl, or extract content from the Site without prior written permission; or engage in any conduct that disrupts or interferes with the Site's operation.

You must not use any content from the Site to train machine learning models, build competing datasets, or reproduce substantial portions of our intellectual property without prior written consent from Hypertekx.

All content on the Site — including text, graphics, logos, images, and software — is the property of Hypertekx Inc. or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of Site content without our express written permission.

For client service engagements, intellectual property ownership is governed by the applicable service agreement. Unless otherwise specified in writing, Hypertekx retains ownership of all pre-existing intellectual property, frameworks, libraries, and tools used in delivering services. Work product created specifically for a client pursuant to a service agreement may be assigned to the client upon full payment of all fees, as detailed in the relevant agreement.

In the course of a service engagement, each party may disclose confidential information to the other. Each party agrees to hold the other's confidential information in strict confidence, not to disclose it to third parties without prior written consent, and to use it only for the purposes of the engagement.

This obligation does not apply to information that is or becomes publicly known through no breach of this agreement, was independently developed by the receiving party, or is required to be disclosed by law or legal process (in which case the disclosing party will provide reasonable prior notice where permitted).

All fees for services are as specified in the applicable service agreement or statement of work. Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date. Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, if lower). Hypertekx reserves the right to suspend services for accounts that are more than 30 days past due.

All fees are exclusive of applicable taxes. Client is responsible for any sales, use, VAT, or similar taxes applicable to the services, excluding taxes on Hypertekx's net income.

THE SITE AND INFORMATION PROVIDED ON IT ARE OFFERED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HYPERTEKX DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERTEKX'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM USE OF THE SITE OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO HYPERTEKX IN THE THREE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100). IN NO EVENT SHALL HYPERTEKX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. In such jurisdictions, Hypertekx's liability is limited to the greatest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless Hypertekx and its officers, directors, employees, agents, and successors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction in those courts.

For service engagement disputes, the parties agree to attempt good-faith negotiation for 30 days before commencing any legal proceedings. Many client service agreements include binding arbitration provisions — refer to your specific service agreement for details.

If you have any questions about these Terms of Service, please contact us at: Hypertekx Inc., 74 Ave Street, Surrey, BC V3S 2G6, Canada. Email: [email protected]. Phone: +1 (778) 255-3001.