Last updated 8 Sep 2026
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Meetcute Limited, doing business as Hyperscale, located at 158 Empire Square South, London, SE14NG, United Kingdom ("Hyperscale", "we", "us", "our"), concerning your access to and use of all the text, data, information, software, graphics, photographs and more that we may provide through the Hyperscale (https://gethyperscale.com) website as well as any related applications, plug-ins, software, Services (as defined below) or other downloadable tools (the Site).
The Site provides the following services: Hyperscale is a platform that utilizes AI to drive efficiencies in sales marketing outreach (Services).
Read these terms carefully before browsing this Site. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
If you are entering into these Terms and Conditions on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms and Conditions on behalf of such company or other organization.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The site is intended for and may be used by individuals 13 years of age or over only. If you are under 18, you must have your parent or legal guardian’s permission to use the Site and the Service (Parental Permission). Please have them read these Terms and Conditions with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Site and the Service, you are subject to these Terms and Conditions and responsible for your child’s activity on the Site and the Service.
1.7 By registering for a Hyperscale account you state that you are either (1) at least 18 years of age or (2) have Parental Permission to use the Site and the Service. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18 without Parental Permission.
1.8 Additional policies which also apply to your use of the Site include:
· Our Privacy Notice https://gethyperscale.com/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
· Certain parts of this Site can be used only on payment of a fee.
2. Acceptable Use Policy
2.1 You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavors except those that are contemplated by the Services, or specifically endorsed or approved by us.
2.2 You are not authorized to use this Site in any of the following ways. (Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):
· Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
· Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
· Use a buying agent or purchasing agent to make purchases on the Site
· Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
· Engage in unauthorized framing of or linking to the Site
· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
· Make improper use of our support services, or submit false reports of abuse or misconduct
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
· Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
· Attempt to impersonate another user or person, or use the username of another user
· Sell or otherwise transfer your profile
· Use any information obtained from the Site in order to harass, abuse, or harm another person
· Use the Site or our content as part of any effort to compete with us
· Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
· Attempt to access any portions of the Site that you are restricted from accessing
· Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
· Delete the copyright or other proprietary rights notice from any of the content
· Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
· Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
· Use the Site in a manner inconsistent with any applicable laws or regulations
· Threaten users with negative feedback or offering services solely to give positive feedback to users
· Misrepresent experience, skills, or information about a User
· Advertise products or services not intended by us
· Publish violent content and hateful behavior
· Solicit adult content
· Funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty
· Any activity that violates any law or governmental regulation industry requirements or money laundering regulation
· Content including links to and from the platform which is fraudulent, misleading, inaccurate or dishonest
· Transactions for the sale of items, goods or services including digital downloads with the purpose of avoiding paying taxes
· Falsely imply a relationship with us or another company with whom you do not have a relationship
2.3 You agree to pay all applicable fees related to your use of this Site. To the extent that payment mechanisms are provided through third parties, you agree that Hyperscale will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.
2.4 You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Hyperscale, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to Personal Data, or the use thereof, including but not limited to allegations that any processing of Personal Data by Hyperscale and/or you under this agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, any content that you disclose to Hyperscale via your use of the Site, your use of the Site, your violation of these Terms and Conditions or your violation of any relevant law.
3. Information you provide to us
3.1 When you create an account, we collect registration-related information, which includes your email address and your name. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration.
You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions (or have Parental Permission from someone with legal capacity); and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received Parental Permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at support@gethyperscale.com.
All information is protected in accordance with our Privacy Notice (see 1.8).
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such username is inappropriate.
3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third-party service providers (each such account, a Third-party Account) by either: (a) providing your Third-party Account login information through the Site; or (b) allowing us to access your Third-party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-party Account.
You represent that you are entitled to disclose your Third-party Account login information to us and/or grant us access to your Third-party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.
3.4 By granting us access to any Third-party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-party Account (the "Social Network Content") so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third-party Account to the extent you are notified when you link your account with the Third-party Account.
Depending on the Third-party Accounts you choose and subject to the privacy settings that you have set in such Third-party Accounts, personally identifiable information that you post to your Third-party Accounts may be available on and through your account on the Site. Please note that if a Third-party Account or associated service becomes unavailable or our access to such Third-party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third-party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to support@gethyperscale.com or through your account settings (if applicable), we will deactivate the connection between the Site and your Third-party Account and attempt to delete any information stored on our servers that was obtained through such Third-party Account, except the username and profile picture that became associated with your account.
3.5 You can cancel your account at any time by contacting customer service at support@gethyperscale.com. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access the Site and you will not be entitled to a refund of any fees that you've paid.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You may use your User Content to promote your business or artistic enterprise. If you choose to upload User Content, you must not submit to the Site any User Content that does not comply with these Terms and Conditions or the law. For example, the User Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the User Content you submit to the Site. We may use automated systems that analyze your User Content to help detect infringement and abuse, such as spam, malware, and illegal content.
You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
You retain all of your ownership rights in your User Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Hyperscale and other users of the Service, as described below.
4.2 By providing User Content to the Service, you grant to Hyperscale a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that User Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Site and the Service.
You also grant each other user of the Site and the Service a worldwide, non-exclusive, royalty-free license to access your User Content through the Site, and to use that User Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Site.
The licenses granted by you continue until the User Content is removed as described below. Once removed, the licenses will terminate, except where the operation of the Service, use of User Content permitted before your removal, or the law requires otherwise. For example, removal of User Content by you does not require Hyperscale to: (a) recall User Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.
4.3 You warrant that any User Content does comply with these Terms and Conditions, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.4 You may remove your User Content from the Site at any time. You must remove your User Content if you no longer have the rights required by these Terms and Conditions.
We have the right to remove any User Content you put on the Site.
4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
4.6 If you wish to complain about User Content uploaded by other users please contact us at support@gethyperscale.com.
5. Our Content
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by international copyright and trademark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable license to access and use the Site and Our Content following the set-up of an account.
5.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Link to third-party content
6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third-party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Site Management
7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
8. Modifications to and availability of the Site
8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2 You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Site. Hyperscale reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Policy. You agree to promptly notify Hyperscale in the event that you are made aware of any unauthorized or illegal use of the Site or the Services.
9.3 Hyperscale's use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements. Hyperscale will not share User Data received through Google API Services with the third party AI Models
9.4 Our responsibility for loss or damage suffered by you:
· We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
· If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
· Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
If you are using the Site or the Service for the purpose of your trade, business, craft or profession, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in these Terms and Conditions affects those rights you may have as a consumer. Other than as expressly stated in these Terms and Conditions or as required by law, Hyperscale does not make any specific promises about the Site or the Service.
10. Term and Termination
10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support@gethyperscale.com.
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. Mobile Application
11.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
11.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
12. General
12.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.
12.2 These Terms and Conditions and any other policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
12.4 We may assign any or all of our rights and obligations to others at any time.
12.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
12.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
12.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr.
12.9 The following are trademarks of Meetcute Limited. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.
· Hyperscale, trademarked in United Kingdom
· Hyperscale, trademarked in United States of America
12.10 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
12.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@gethyperscale.com.
13. Domain Registration Services
13.1 This Section 13 applies where you purchase, renew or hold a domain name through the Site (the "Domain Services"). It supplements the remainder of these Terms and Conditions, which continue to apply in full. Where any provision of this Section 13 conflicts with any other provision of these Terms and Conditions, this Section 13 prevails in respect of the Domain Services.
13.2 We provide the Domain Services through a third-party domain name registrar accredited by the Internet Corporation for Assigned Names and Numbers ("ICANN"). We may change the registrar we use at any time. Your contract for the Domain Services is with us and not with that registrar.
13.3 You should read this clause carefully, as it describes an arrangement that differs from registering a domain name directly with a registrar in your own name.
13.4 Domain names obtained through the Domain Services are registered in the name of Meetcute Limited and held by us on your behalf. Meetcute Limited is accordingly the registrant of record for each such domain name in the registrar's and the applicable registry's records, and the registrant contact details published or held in respect of the domain name are ours and not yours. You are not the registrant of record for so long as the domain name is held under the Domain Services.
13.5 As between you and us, and subject to your compliance with these Terms and Conditions, you are the beneficial owner of each domain name registered for you under the Domain Services. We hold that domain name for your benefit, we will not sell, transfer, licence, encumber or otherwise deal with it other than on your instructions or as expressly permitted by these Terms and Conditions, and we will give effect to your reasonable instructions concerning its configuration and use, including the DNS records associated with it. You may request that the domain name be transferred to a registrar account in your own name in accordance with Clauses 13.19 to 13.22.
13.6 WHOIS privacy or proxy registration is enabled by default on every domain name registered under the Domain Services where the applicable registry and registrar permit it, and we will keep it enabled unless you ask us in writing to disable it. Certain registries require the publication of some registration data irrespective of any privacy service, and we may be required by ICANN, by a registry, by our registrar, by applicable law or by an order of a court or other competent authority to disclose registration data or to suspend or disable a privacy service. We will make any such disclosure only to the extent required.
13.7 You acknowledge that, because we are the registrant of record, certain actions in respect of a domain name may only be taken by us and cannot be taken by you directly with the registrar or registry, and that we do not offer, and cannot offer, direct registrar account access in respect of a domain name held under the Domain Services.
13.8 Every domain name registration is subject to the rules, policies and specifications of ICANN and of the registry operator for the relevant top-level domain, in each case as amended from time to time, including ICANN's Uniform Domain Name Dispute Resolution Policy, the Uniform Rapid Suspension System, the Transfer Policy and any applicable registry eligibility, reservation, naming and abuse policies. By using the Domain Services you agree to comply with those rules and policies, and you agree that they apply to you as though you were the registrant of record.
13.9 You warrant that all information you supply to us in connection with a domain name is true, accurate, current and complete, and you agree to correct it promptly if it ceases to be so. You further warrant that your registration and use of a domain name does not and will not infringe the rights of any third party, and that you are not registering the domain name for any unlawful purpose.
13.10 You agree that a domain name held under the Domain Services may be suspended, transferred, cancelled or deleted, and that we may take any other action in respect of it, where this is required by ICANN, by the applicable registry, by our registrar, by applicable law, by an order of a court or other competent authority, or by a decision issued under a dispute resolution policy referred to in Clause 13.8. We are not liable to you for any such action, save to the extent it results from our own breach of these Terms and Conditions.
13.11 The Acceptable Use Policy at Section 2 applies to your use of every domain name held under the Domain Services. In addition, you must not use, and must not permit any third party to use, such a domain name (or any subdomain, website, mail service or other service operated under it):
· To send unsolicited bulk or commercial email, or any email in breach of applicable law, including the Privacy and Electronic Communications (EC Directive) Regulations 2003 or any equivalent law applicable to a recipient
· For phishing, pharming, spoofing, impersonation, or any other attempt to obtain credentials, payment details or other information by deception
· To distribute, host or command malware, spyware, ransomware or any malicious code, or to operate a botnet or command-and-control infrastructure
· To host, link to or distribute content that is unlawful, that infringes the intellectual property rights of any person, or that we reasonably consider to be defamatory, fraudulent or deceptive
· In a manner that infringes or is intended to take unfair advantage of a third party's trade mark, name or other rights, including typosquatting and any registration or use in bad faith within the meaning of the Uniform Domain Name Dispute Resolution Policy
· In any manner that breaches the acceptable use, abuse or anti-abuse policy of ICANN, of the applicable registry or of our registrar
13.12 You acknowledge that domain names registered under the Domain Services are held within registrar accounts operated by us, that those accounts serve all of our customers, and that abuse originating from a single domain name may cause our registrar or a registry to suspend, restrict or take action against those accounts and so affect the domain names and services of other customers. You accept that this risk justifies immediate action on our part, and that the rights set out in Clause 13.13 are reasonable and necessary to protect us and our other customers.
13.13 Where we reasonably suspect a breach of Clause 13.11, or where our registrar or a registry notifies us of suspected abuse, we may, at our sole discretion and without prior notice, suspend or amend the DNS records for the domain name, suspend or disable the domain name or any service operated under it, or terminate the Domain Services in respect of that domain name and any other domain name you hold. We will notify you of any action taken under this clause as soon as reasonably practicable and, where the breach is capable of remedy and the circumstances allow, we will give you a reasonable opportunity to remedy it. Where we terminate the Domain Services under this clause you are not entitled to any refund, and Clause 13.18 applies.
13.14 You will indemnify us against all liabilities, costs, expenses, damages and losses (including legal costs) suffered or incurred by us arising out of or in connection with any claim brought against us as registrant of record in respect of a domain name held for you, including any claim under a dispute resolution policy referred to in Clause 13.8 and any claim arising from your breach of Clause 13.11.
13.15 Domain names are registered for a term of one year from the date of registration. Unless cancelled, a domain name renews automatically for successive one-year terms, and you authorise us to charge the applicable renewal fee to your payment method in advance of each renewal. You may cancel automatic renewal at any time through your account or by contacting us at support@gethyperscale.com. Cancellation takes effect at the end of the then-current registration term: the domain name remains registered and active until its expiry date, and no refund is due in respect of the remaining part of that term.
13.16 We may change the renewal fee for a domain name, including in response to a change in the fees charged by a registry or by our registrar, a change in applicable taxes or duties, or a change in currency exchange rates. Where we increase the renewal fee applicable to a domain name you already hold, we will give you written notice by email not less than 30 days before the renewal date on which the increased fee is to take effect. The notice will state the new fee and the date from which it applies. You may cancel automatic renewal of that domain name at any time before that date, in which case the increased fee will not be charged and the domain name will expire at the end of its current term. If you do not cancel before that date, the increased fee applies from that renewal.
13.17 If a renewal fee is not paid, whether because you have cancelled automatic renewal or because payment fails, the domain name will expire. Following expiry a domain name may be suspended, may enter a redemption or pending-delete period imposed by the applicable registry, and may then be deleted and become available for registration by any third party. Recovery of a domain name during a redemption period is at the discretion of the registry and attracts additional registry fees, which we will pass on to you together with our reasonable administrative costs. We are not obliged to renew, recover or restore an expired domain name, and we are not liable for any loss arising from its expiry, suspension or deletion.
13.18 On termination of the Domain Services in respect of a domain name, whether under Clause 13.13 or Section 10 or otherwise, we may allow that domain name to expire at the end of its current registration term. Before doing so we will, where the circumstances reasonably allow and subject to Clause 13.21, give you a reasonable opportunity to request its transfer to a registrar account in your own name.
13.19 You may at any time request that a domain name held for you be transferred to a registrar account in your own name, by contacting us at support@gethyperscale.com. Because we are the registrant of record, this is a manual process which we carry out on your behalf; it cannot be initiated by you directly with the registrar.
13.20 ICANN's Transfer Policy prohibits the transfer of a domain name away from its registrar within a set period following its initial registration and following certain other changes, currently 60 days in each case. We cannot transfer a domain name during any such period, and no request made during it can be actioned until it expires. Registries may impose further restrictions, and a domain name subject to a dispute, a court order, an ICANN or registry proceeding, or a registrar lock cannot be transferred until that matter is resolved.
13.21 We will not unreasonably refuse or delay a transfer request. We may decline to action a request, or defer it, until all fees due in respect of the domain name and your account have been paid, until any restriction described in Clause 13.20 has ceased to apply, and until we have completed any identity verification we reasonably require in order to satisfy ourselves that the request is genuine and made by or on behalf of the person entitled to make it.
13.22 Where a transfer request is capable of being actioned, we will provide you with the authorisation code for the domain name and unlock it for transfer, and you are responsible for completing the transfer with your chosen registrar within the period for which that code remains valid. On completion of the transfer you become the registrant of record and the Domain Services cease in respect of that domain name. We do not charge for a transfer out, but a receiving registrar may charge its own fees, which are a matter between you and that registrar.
13.23 Availability results shown on the Site are indicative only and are provided at the time of the search. A domain name is not reserved for you by searching for it or by beginning a purchase, and may be registered by a third party at any time before your registration is completed. Your order is an offer to purchase which we accept only when the registration is confirmed by the applicable registry. We do not warrant that any domain name is available, that its registration will succeed, or that its registration or use will not infringe the rights of any third party.
13.24 If a registration fails for any reason after you have been charged, we will refund the amount charged in full. We do this automatically, and no request is required.
13.25 Once a domain name has been registered, the registration fee is non-refundable and all domain name sales are final. This is because the fee is paid to the registry and the registrar on registration and is not recoverable by us. If you consider that there are exceptional circumstances, you may contact us at support@gethyperscale.com within 96 hours of registration and we will consider a refund at our discretion; any refund granted under this clause is made without any admission of liability and does not create an entitlement in any other case.
13.26 Where you are a consumer, you have a right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel a distance contract within 14 days. By purchasing a domain name through the Site you expressly request that we begin performing the Domain Services immediately, and you acknowledge that once the domain name has been registered the service of registering it has been fully performed and that you will accordingly lose your right to cancel under those Regulations in respect of that registration. This clause does not affect your right to cancel automatic renewal under Clause 13.15, and does not affect any other legal right you have as a consumer, including in respect of services which are not performed with reasonable care and skill.
13.27 Fees for the Domain Services are those shown on the Site at the time of purchase or, in the case of a renewal, those notified to you in accordance with Clause 13.16. Fees are stated inclusive or exclusive of value added tax as indicated at the point of purchase, and any tax or duty payable in addition is your responsibility.
13.28 Section 9 applies to the Domain Services. Subject to Clause 9.4, and without limiting Section 9, we are not liable to you for any loss arising from: the acts, omissions, systems or policies of a registry, of ICANN or of our registrar; the suspension, cancellation, transfer or deletion of a domain name in the circumstances described in Clause 13.10; the expiry of a domain name in the circumstances described in Clause 13.17; or any claim by a third party in respect of a domain name you have asked us to register or maintain.
