Last updated May 12, 2023
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 Hyperscale Global, Inc., doing business as Hyperscale, located at Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom (we, us), 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 allows users to teach and share their skills through forms of one-to-one and one-to-many coaching, livestreams and posted content (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 and our Community Guidelines. If you do not agree with all of these Terms and Conditions and our Community Guidelines, 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 and our Community Guidelines 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 and our Community Guidelines 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 our Community Guidelines 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
· 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 our Community Guidelines, 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 email@example.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 firstname.lastname@example.org 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 email@example.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, our Community Guidelines 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 our Community Guidelines and 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 if, in our opinion, such User Content does not comply with the Community Guidelines.
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 firstname.lastname@example.org.
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 or our Community Guidelines; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions or our Community Guidelines; (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.
9.3 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 email@example.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, our Community Guidelines 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, our Community Guidelines 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.
12.1 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, our Community Guidelines 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 or our Community Guidelines 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 Hyperscale Global, Inc. 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 firstname.lastname@example.org or by post to:
Hyperscale Global, Inc.
Suite 206, 651 N Broad Street
Middletown DE 19709