Terms of Service

Acceptance of Terms

Welcome to HyperscaleLeads, Inc. ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, services, and applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Services constitutes acceptance of the modified Terms.

Description of Services

HyperscaleLeads provides B2B lead generation services, including but not limited to:

• • AI-powered lead identification and scoring
• • Marketing automation and email campaigns
• • Sales intelligence and prospect research
• • Email deliverability optimization
• • Analytics and reporting tools
• • Integration with third-party platforms

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice.

User Accounts and Registration

Account Creation

To access certain features of our Services, you must create an account. You agree to:

• • Provide accurate, current, and complete information
• • Maintain and update your account information
• • Keep your login credentials secure and confidential
• • Be responsible for all activities under your account
• • Notify us immediately of any unauthorized access

Account Termination

We may suspend or terminate your account at any time for violation of these Terms, illegal activities, or any other reason we deem appropriate. You may cancel your account at any time through your account settings or by contacting us.

Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not:

Prohibited Activities

• • Send spam, unsolicited emails, or engage in illegal marketing practices
• • Violate any applicable laws, regulations, or third-party rights
• • Transmit harmful code, viruses, or malicious software
• • Attempt to gain unauthorized access to our systems
• • Interfere with or disrupt our Services or servers
• • Use our Services to harass, abuse, or harm others
• • Impersonate any person or entity
• • Collect or harvest personal information without consent

Compliance Requirements

When using our Services, you must comply with all applicable laws and regulations, including:

• • CAN-SPAM Act and similar anti-spam laws
• • GDPR, CCPA, and other privacy regulations
• • Telemarketing and consumer protection laws
• • Industry-specific regulations

Payment Terms

Subscription Fees

Our Services are provided on a subscription basis. By subscribing, you agree to pay all applicable fees as described in your chosen plan.

Payment Processing

• • Fees are charged in advance on a recurring basis
• • Payment is due immediately upon subscription
• • We accept major credit cards and other payment methods
• • All fees are non-refundable unless otherwise stated

Price Changes

We reserve the right to modify our pricing at any time. Price changes will take effect at the start of your next billing cycle, with 30 days advance notice.

Late Payment and Suspension

If payment is not received when due, we may suspend your access to the Services until payment is made. We may charge late fees and interest on overdue amounts.

Intellectual Property Rights

Our Property

The Services and all content, features, and functionality are owned by HyperscaleLeads and are protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your business purposes, subject to these Terms.

User Content

You retain ownership of any content you submit to our Services. By submitting content, you grant us a worldwide, royalty-free license to use, reproduce, and distribute your content solely for the purpose of providing our Services.

Data and Privacy

Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws. You are responsible for ensuring you have the right to provide us with any data you submit.

Data Security

We implement appropriate security measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

Data Portability and Deletion

You may export your data at any time through our platform. Upon termination, we will delete your data according to our data retention policies and applicable law.

Service Level Agreement

Availability

We strive to maintain 99.9% uptime for our Services, excluding scheduled maintenance and circumstances beyond our control.

Support

We provide customer support during business hours. Response times vary based on your subscription plan and the nature of your inquiry.

Maintenance

We may perform scheduled maintenance that temporarily affects service availability. We will provide advance notice when possible.

Disclaimers and Limitations

Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE.

Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless HyperscaleLeads and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Arbitration

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis and not as part of a class action or collective proceeding.

Third-Party Services

Our Services may integrate with or provide access to third-party services, websites, or applications. We are not responsible for:

• • The availability, accuracy, or content of third-party services
• • Your interactions with third-party providers
• • Any damages arising from third-party services
• • Third-party terms of service or privacy policies

Termination

Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or contacting our support team.

Termination by Us

We may terminate or suspend your access immediately for violation of these Terms, illegal activities, or other reasons we deem appropriate.

Effect of Termination

Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination will remain in effect, including payment obligations, intellectual property rights, and limitation of liability.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and HyperscaleLeads.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce such provision in the future.

Assignment

We may assign these Terms or any rights hereunder without your consent. You may not assign these Terms without our prior written consent.

Contact Information

If you have questions about these Terms or need to contact us for any reason, please reach out: