These Terms of Service (“Terms”) govern your access to and use of hyperke.com (the “Website”) and any related pages, forms, content, resources, and communications provided through the Website. By accessing or using the Website, you agree to these Terms.

If you are using the Website on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

1) About Hyperke and scope of these Terms

Hyperke is a B2B services provider. We may offer consulting, outbound sales development support, campaign strategy, copywriting, infrastructure guidance, and related professional services (the “Services”).

Important: These Terms govern the Website and general interactions through it. If you purchase Services, you may also be asked to sign (or accept) a separate written agreement (for example, a Master Services Agreement, Statement of Work, Order Form, or similar) (a “Service Agreement”). If a Service Agreement conflicts with these Terms, the Service Agreement controls for those Services.

2) Eligibility

The Website is intended for business users. By using the Website, you represent that you are old enough to form a legally binding contract in your jurisdiction. The Website is not directed to children under 13, and we do not knowingly collect personal information from them

3) Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the Effective Date and post the revised Terms on the Website. Your continued use of the Website after changes become effective means you accept the updated Terms.

4) Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Website, you agree that we can collect, use, and share information as described there.

5) Website access and acceptable use

You agree not to:

• Use the Website in any way that violates applicable laws or regulations.

• Attempt to gain unauthorized access to the Website, systems, or networks.

• Probe, scan, or test the vulnerability of any system or network.

• Interfere with or disrupt the Website, servers, or networks.

• Use automated means (bots, scrapers) to access the Website in a manner that burdens the Website or bypasses reasonable controls, except where explicitly permitted by us in writing.

• Misrepresent your identity, your affiliation, or your intent when interacting with Hyperke via the Website.

We may suspend or restrict access to the Website if we believe you are using it unlawfully, unsafely, or in violation of these Terms.

6) No professional advice

Content on the Website is provided for general informational purposes and does not constitute legal, financial, tax, or other professional advice. You are responsible for obtaining your own professional advice for your specific situation.

7) Leads, results, and performance disclaimers

Hyperke may describe methods, systems, benchmarks, case studies, and outcomes. You acknowledge that results vary and are not guaranteed. Without limiting the generality of the foregoing:

We do not guarantee leads, appointments, revenue, conversion rates, deliverability, inbox placement, response rates, or business outcomes.

Email and calling outcomes depend on multiple factors outside our control, including offer-market fit, list quality, domain and sender reputation, prospect behavior, market conditions, and third-party platform rules.

Any examples or prior results are illustrative only and do not promise future performance.

8) Service prerequisites and client responsibilities (when Services are purchased)

If you purchase Services, you agree that you are responsible for:

A. Accurate information and timely cooperation

Providing accurate information, approvals, and access needed to perform Services, and responding in a timely manner. Delays caused by missing information or approvals may affect timelines and outcomes.

B. Legal compliance for outreach

You are solely responsible for ensuring that your outreach practices, lists, content, and targeting comply with all applicable laws, regulations, and industry rules, including any that may apply based on where you, your prospects, or your recipients are located. This can include, for example, CAN-SPAM, CASL, GDPR/UK GDPR, ePrivacy rules, TCPA, and similar laws, plus platform policies (Google, Microsoft, telecom carriers, CRMs, email service providers, and others).

C. List sourcing and permissions

You represent and warrant that you have the right to use your contact lists and data, and that your collection, purchase, or use of such data complies with applicable law. You are responsible for honoring opt-outs, suppression lists, and “do not contact” requests.

D. Your offers and claims

You are responsible for your offers, pricing, product or service claims, and ensuring any claims are accurate and substantiated.

Hyperke may provide operational guidance and implementation help, but we are not your legal compliance authority. If you want, we can align execution to your compliance requirements, but you still own the legal responsibility.

9) Third-party tools, platforms, and services

We may integrate with or recommend third-party platforms (for example, email providers, domain registrars, CRMs, calling tools, analytics tools, scheduling tools, or payment processors). Third-party services are not controlled by Hyperke and are governed by their own terms and policies.

We are not responsible for outages, suspensions, deliverability changes, policy enforcement, account restrictions, or other actions taken by third parties.

10) Payments, billing, and taxes (if applicable)

If you purchase Services or any paid offering:

• Fees, billing cadence, and payment terms will be described in your Service Agreement, invoice, or checkout flow.

• You authorize us (and our payment processors) to charge your selected payment method for amounts due.

• Late payments may result in paused work and may incur reasonable late fees or interest where permitted by law.

• You are responsible for applicable taxes, duties, or government charges, unless we are required to collect them.

• Unless otherwise stated in a Service Agreement, fees are non-refundable once paid, and any credits or exceptions must be agreed in writing by Hyperke.

• Chargebacks or payment disputes that are inconsistent with these Terms or your Service Agreement may result in immediate suspension of Services, and you agree to reimburse reasonable costs incurred by Hyperke in responding to such disputes.

11) Scheduling, cancellations, and communication

If you book calls through the Website, you agree to provide accurate contact details. You also agree that we may contact you by email, phone, or text for scheduling, confirmations, and service-related communications.

Marketing communications are optional, and you can opt out using the instructions in the message or by contacting [email protected]

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12) Intellectual property

A. Website content

The Website, including its text, graphics, logos, designs, and materials, is owned by Hyperke or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Website unless we give written permission.

B. Deliverables and work product (Services)

Ownership of deliverables, templates, campaign assets, and other work product will be governed by the applicable Service Agreement. If there is no Service Agreement, then unless we agree otherwise in writing:

Upon full payment, you receive a non-exclusive, non-transferable license to use deliverables created specifically for you for your internal business use.

Hyperke retains ownership of its pre-existing materials, frameworks, tooling, know-how, and reusable components.

13) Feedback

If you provide suggestions, ideas, or feedback, you grant Hyperke the right to use it without restriction or compensation, unless prohibited by law.

14) Confidentiality

If you and Hyperke enter into a Service Agreement, confidentiality obligations may be addressed there. If no Service Agreement exists, you agree not to share any non-public information you receive from Hyperke that is marked confidential or that a reasonable person would understand to be confidential.

15) Disclaimers

THE WEBSITE AND ANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

16) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

HYPERKE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

HYPERKE’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE WEBSITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO HYPERKE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY, OR USD $100 IF NO FEES WERE PAID.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17) Indemnification

You agree to defend, indemnify, and hold harmless Hyperke and its officers, directors, employees, contractors, and agents from and against claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Website,

• Your breach of these Terms,

• Your outreach campaigns, lists, data sourcing, content, offers, or business practices,

• Your violation of any law, regulation, or third-party rights.

18) Suspension and termination

We may suspend or terminate your access to the Website at any time if we reasonably believe you have violated these Terms, posed a security risk, or used the Website unlawfully.

Termination does not limit any rights or remedies we may have, and sections that by their nature should survive will survive (including IP, disclaimers, limitation of liability, indemnification, and governing law).

19) Governing law and venue

These Terms are governed by the laws of the State of Wyoming, USA, excluding conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Website will be brought exclusively in the state or federal courts located in Wyoming, and you consent to personal jurisdiction in those courts.

20) Miscellaneous

• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

• No waiver: Failure to enforce any provision is not a waiver.

• Assignment: You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, or asset sale.

• Entire agreement: These Terms, plus any applicable Service Agreement and the Privacy Policy, form the entire agreement regarding the Website.

21) Contact

By accessing or using the Website, you acknowledge that you have read, understood, and agree to these Terms. If you have questions, contact us at [email protected]