Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your use of the Hyperlex AI platform and services ("Service") operated by Hyperlex AI Pty Ltd ("we", "us", or "our"), an Australian company.
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.
These Terms comply with Australian Consumer Law and applicable international regulations including GDPR where applicable.
2. Acceptance of Terms
By creating an account, accessing, or using the Hyperlex AI platform, you acknowledge that:
- You have read, understood, and agree to be bound by these Terms
- You are at least 18 years old or have reached the age of majority in your jurisdiction
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
3. Description of Service
Hyperlex AI provides an artificial intelligence-powered platform for mergers and acquisitions due diligence automation, including but not limited to:
- Document analysis and processing
- Risk assessment and identification
- Due diligence automation tools
- Data analytics and reporting
- Related professional services
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.
4. User Accounts and Registration
To access certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to refuse registration or terminate accounts at our sole discretion.
5. User Conduct and Prohibited Uses
You agree not to:
- Use the Service for any unlawful purpose or in violation of applicable laws
- Upload, transmit, or distribute any content that is illegal, harmful, or offensive
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the Service or servers connected to the Service
- Use automated means to access the Service without our express written permission
- Reverse engineer, decompile, or attempt to extract source code from the Service
- Violate any third-party rights, including intellectual property rights
- Transmit any viruses, malware, or other harmful code
- Impersonate any person or entity or misrepresent your affiliation
6. Data and Privacy
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms.
By using the Service, you acknowledge and agree that:
- We may collect, process, and store your data as described in our Privacy Policy
- You have the right to access, correct, and delete your personal information
- We implement appropriate security measures to protect your data
- We comply with Australian Privacy Principles and applicable international privacy laws
7. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Hyperlex AI Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws.
You retain ownership of any content you upload to the Service ("User Content"), but you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze such content to provide the Service.
8. Payment Terms
If you purchase a paid subscription or service:
- You agree to pay all fees and charges associated with your account
- All fees are in Australian Dollars (AUD) unless otherwise specified
- Subscription fees are billed in advance on a recurring basis
- All fees are non-refundable except as required by law
- We may change our pricing with 30 days' notice
- You are responsible for all applicable taxes
9. Australian Consumer Law
If you are a consumer under the Australian Consumer Law, you have certain rights that cannot be excluded, restricted, or modified by these Terms, including:
- The right to receive services that are of acceptable quality
- The right to receive services that are fit for purpose
- The right to receive services that match their description
- Rights to remedies if these guarantees are not met
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
10. Disclaimers and Limitations of Liability
To the extent permitted by law:
- The Service is provided "as is" without warranties of any kind
- We do not guarantee that the Service will be uninterrupted or error-free
- We are not liable for any indirect, incidental, or consequential damages
- Our total liability to you will not exceed the amount paid by you for the Service
- You use the Service at your own risk
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that cannot be excluded, restricted, or modified under Australian Consumer Law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Hyperlex AI Pty Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Service.
12. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.
You may terminate your account at any time by contacting us or through your account settings.
Upon termination, your right to use the Service will cease immediately, but provisions that by their nature should survive termination will remain in effect.
13. Dispute Resolution
If you have a dispute with us, we encourage you to first contact us directly to seek a resolution.
Any disputes arising out of or relating to these Terms or the Service will be governed by the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the courts of Victoria.
Where applicable, disputes may be resolved through alternative dispute resolution mechanisms available under Australian law.
14. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
Your continued use of the Service after any changes constitutes acceptance of the new Terms.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
17. Entire Agreement
These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
18. Contact Information
If you have any questions about these Terms, please contact us at:
Hyperlex AI Pty Ltd
Email: legal@hyperlexai.com
Address: Melbourne, Australia
ABN: 80 684 478 199