HyperEquity Terms of Use

1. Agreement to Terms

These Terms of Use (the “Terms”) form a binding agreement between you and HyperEquity, LLC (“HyperEquity,” “we,” “us,” or “our”).

By accessing or using the Services in any manner—including browsing, registering, or using a freemium, trial, or paid version—you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference and available at: https://www.hyperequity.com/security/privacy-policy

Enterprise Agreements Take Precedence

If you or your organization have entered into a written Software-as-a-Service Agreement, Master Services Agreement, or Order Form with HyperEquity (collectively, the “MSA”), the MSA governs your use of the Services and supersedes these Terms in the event of a conflict.

2. Arbitration Notice and Class Action Waiver

PLEASE READ CAREFULLY.

Except for certain disputes described below, you agree that all disputes between you and HyperEquity will be resolved by binding, individual arbitration, and you waive your right to participate in a class action or class-wide arbitration.

3. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will post the updated Terms on our website or notify you by other reasonable means.

Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.

4. Eligibility and Authority

You represent and warrant that:

• You are at least the age of majority in your jurisdiction
• You have the legal capacity to enter into these Terms
• If acting on behalf of an organization, you are authorized to bind that organization

If you do not meet these requirements, you may not use the Services.

5. Account Registration and Security

To access certain features, you may be required to create an account and provide accurate, complete, and current information.

You agree that:

• You will keep your login credentials confidential
• You will not share accounts or credentials
• You are responsible for all activity under your account
• You must notify HyperEquity immediately of any unauthorized use or security breach.

6. Permitted Use of the Services

The Services are provided solely for internal business purposes, including compensation planning, pay equity analysis, merit cycle management, and related workforce analytics.

You may not use the Services:

• On behalf of or for the benefit of third parties
• To resell, sublicense, or provide services without authorization
• In violation of applicable law or regulation

7. Prohibited Conduct

You agree not to use the Services in a manner that:

• infringes intellectual property or other rights of any party
• violates applicable laws, including employment, privacy, or data protection laws
• is fraudulent, deceptive, discriminatory, or misleading
• compromises account or system security
• attempts to access other users' accounts or data
• interferes with the operation or performance of the Services
• scrapes, crawls, or automates access to the Services
• copies or reverse engineers software, algorithms, or models
• uploads malicious code or harmful content

Violation of this section may result in immediate suspension or termination.

8. Communications

By using the Services, you consent to receive service-related communications from HyperEquity, including account notices, security alerts, and transactional messages. You may opt out of non-essential communications, but operational notices may still be sent.

9. Data Protection and Privacy (GDPR / UK GDPR)

Roles

To the extent HyperEquity processes Personal Data on your behalf:

• You act as Controller
• HyperEquity acts as Processor

Processing

HyperEquity processes Personal Data solely:

• To provide the Services
• In accordance with documented instructions
• To comply with applicable law

Security

HyperEquity maintains administrative, technical, and organizational safeguards aligned with SOC 2 Trust Services Criteria, including access controls, encryption in transit, monitoring, and incident response procedures.

Subprocessors

HyperEquity may engage subprocessors and remains responsible for their compliance.

Data Subject Requests

HyperEquity will provide reasonable assistance in responding to Data Subject Requests.

Data Retention

Upon termination, Personal Data will be deleted or returned in accordance with applicable agreements and law.

10. Intellectual Property

The Services, including software, analytics, algorithms, models, and documentation, are owned by or licensed to HyperEquity and are protected by intellectual property laws.

No rights are granted except as expressly stated in these Terms.

11. Third-Party Services

The Services may link to or integrate with third-party services. HyperEquity is not responsible for third-party content, availability, or practices.

Use of third-party services is at your own risk and subject to their terms.

12. Suspension and Termination

You may stop using the Services at any time.

HyperEquity may suspend or terminate access if:

• You breach these Terms
• Your use poses a security or legal risk
• Required by law or regulation
• Termination may result in deletion of data, subject to applicable agreements.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

HYPEREQUITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OF RESULTS.

We do not guarantee uninterrupted or error-free operation.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPEREQUITY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF:

• AMOUNTS PAID BY YOU TO HYPEREQUITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
• $100 USD

15. Indemnification

You agree to indemnify and hold harmless HyperEquity and its affiliates from claims arising out of:

• Your use of the Services
• Your violation of law
• Your breach of these Terms

16. Arbitration Agreement

• Arbitration

Disputes will be resolved by binding arbitration administered by JAMS.

• Class Action Waiver

All claims must be brought on an individual basis.

• Exceptions

Either party may seek injunctive relief for intellectual property violations or bring eligible claims in small claims court.

• Governing Law

These Terms are governed by the laws of the State of Utah, excluding conflict-of-law rules.

17. Miscellaneous

• These Terms constitute the entire agreement regarding use of the Services
• If any provision is unenforceable, the remainder remains in effect
• Failure to enforce a provision is not a waiver
• You may not assign these Terms without consent

18. Contact Information

HyperEquity, LLC

Email: support@hyperequity.com

Security & Privacy: security@hyperequity.com