Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you (whether an individual or a legal entity, hereinafter "User," "you," or "your") and Hyver, Inc. ("Hyver," "Company," "we," "our," or "us"), governing your access to and use of the Hyver AI Agent Marketplace platform, including all associated websites, applications, application programming interfaces, and services made available by Hyver (collectively, the "Service").

Your access to and use of the Service constitutes valid consideration for the mutual obligations set forth in these Terms. If you access or use the Service on behalf of a corporation, partnership, limited liability company, or other legal entity, you represent and warrant that you have full legal authority to bind such entity to these Terms, and your agreement hereto shall be deemed an agreement by such entity. In such case, "you" and "your" shall refer to that entity.

Hyver reserves the right to modify these Terms at any time. Any such modifications shall become effective upon posting of the revised Terms to the Service. Your continued use of the Service following the posting of modifications constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

2. Description of Service

Hyver operates an AI Agent Marketplace that enables businesses and individuals to discover, configure, deploy, and orchestrate artificial intelligence-powered agents, tools, and automated workflows. The Company reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, subject to Section 14 hereof.

2.1 Core Platform Features

• Agents: Pre-configured and customizable artificial intelligence agents designed for specific business functions, including research, analysis, content generation, and workflow automation
• Companies: Pre-configured agent ecosystems assembled for specific industries and use cases, including consulting, marketing, and research operations
• Tools: Curated integration protocols and third-party connectors enabling agents to interact with productivity, development, business, and design services, as well as third-party enterprise platforms
• Orchestration: Hyver's proprietary routing and coordination system that assigns and connects user requests to appropriate agents, tools, and services in accordance with configured workflows

2.2 Service Tiers

Hyver offers various service tiers, each with distinct features, usage entitlements, and pricing. The specific terms applicable to your selected service tier are incorporated into these Terms by reference and shall govern in the event of any conflict with the general provisions herein with respect to matters of pricing, usage limits, and tier-specific features.

2.3 Beta Features

Certain features of the Service may be designated as "Beta," "Preview," or "Early Access." Such features are provided on an experimental, as-is basis, without warranty of any kind. Hyver reserves the right, in its sole discretion, to modify, suspend, or permanently discontinue any Beta features at any time without prior notice or liability. Beta features may be subject to additional terms disclosed at the time of access.

3. User Accounts

3.1 Account Registration

Access to certain features of the Service requires the creation of a user account. In connection with registering for and maintaining an account, you hereby agree to:

• Provide accurate, current, and complete information during the registration process and at all times thereafter
• Maintain and promptly update your account information to ensure it remains accurate, current, and complete
• Maintain the confidentiality of your account credentials, including your password, and restrict access to your account
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you
• Notify Hyver immediately upon becoming aware of any unauthorized access to or use of your account or any other breach of security

3.2 Account Eligibility

• You must be at least eighteen (18) years of age to create an account and use the Service
• You may not create accounts on behalf of other individuals without their prior express authorization
• Account access rights are personal to you and may not be transferred, assigned, or sublicensed to any third party
• Hyver reserves the right, in its sole and absolute discretion, to refuse to provide the Service to any person or entity

3.3 Account Security

Authentication for the Service is provided through our authentication service provider. Hyver supports and strongly recommends the enablement of multi-factor authentication for all user accounts. Notwithstanding any security measures implemented by Hyver, you are solely responsible for maintaining the security of your account credentials. Hyver shall not be liable for any loss or damage arising from your failure to comply with this Section 3.3.

4. AI Agent Usage

4.1 Acknowledgment of AI Limitations

By accessing or using artificial intelligence agents made available through the Service, you expressly acknowledge and agree that:

• AI-generated outputs are produced by machine learning models and may contain errors, omissions, or inaccuracies that are not immediately apparent
• Artificial intelligence agents may, on occasion, produce outputs that are biased, misleading, factually incorrect, or otherwise unreliable
• Artificial intelligence agents do not constitute and shall not be construed as a substitute for professional advice of any kind, including without limitation legal, medical, financial, psychological, or regulatory advice
• AI agent behavior and outputs may vary as a result of changes to underlying model training data, model updates, or configuration modifications
• Hyver does not guarantee, warrant, or represent that any specific outcome, result, or performance will be achieved from any AI agent interaction

4.2 User Responsibilities

In connection with your use of artificial intelligence agents, you hereby agree to:

• Review, validate, and independently verify all AI-generated content prior to any use, publication, or distribution
• Refrain from relying exclusively on AI outputs for any decision, action, or omission that may have material consequences
• Use artificial intelligence agents in strict compliance with all applicable laws, regulations, and third-party rights
• Report promptly to Hyver any agent malfunctions, anomalous behavior, or harmful outputs encountered during use of the Service
• Refrain from any attempt to manipulate, circumvent, or otherwise cause agents to produce harmful, unlawful, or prohibited content

4.3 Agent Configuration

You are solely responsible for the configuration, parameterization, and supervision of any artificial intelligence agents you deploy through the Service, including without limitation the establishment of appropriate permissions, access controls, and operational safeguards. Hyver provides configuration tooling as part of the Service but expressly disclaims any warranty or representation that any particular configuration will produce desired, expected, or legally compliant results.

4.4 Data Processing by Agents

Artificial intelligence agents may process data, including personal data and confidential information, that you submit to the Service. Please review our Privacy Policy for a full description of how data is collected, processed, stored, and disclosed. You represent and warrant that you hold all necessary rights, consents, and authorizations required under applicable law to submit any data to artificial intelligence agents via the Service.

5. Marketplace Rules

5.1 Use of the Marketplace

Subject to your compliance with these Terms, Hyver grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Hyver Marketplace for the purpose of:

• Browsing, evaluating, and deploying artificial intelligence agents, company configurations, and integration tools
• Accessing certified, pre-built solutions intended to address common business requirements
• Connecting authorized third-party integrations to extend and enhance agent capabilities

5.2 Marketplace Content

Items listed in the Marketplace may be offered directly by Hyver or by authorized third-party developers. While Hyver undertakes reasonable efforts to review Marketplace content prior to listing, Hyver makes no representation or warranty that any Marketplace item will satisfy your particular requirements, operate without error, or remain available for any specified period. Hyver reserves the right to remove or modify any Marketplace item at any time without prior notice.

5.3 Third-Party Marketplace Items

Certain agents, tools, or integrations available through the Marketplace are provided by independent third-party developers and not by Hyver. Your access to and use of such third-party items may be subject to separate terms and conditions imposed by the respective providers. You are solely responsible for reviewing, understanding, and complying with any such additional terms. Hyver shall bear no responsibility or liability with respect to third-party Marketplace items or your use thereof.

5.4 Ratings and Reviews

You may submit ratings and reviews of Marketplace items, provided that all such submissions are accurate, honest, and in compliance with Hyver's content guidelines as may be published from time to time. Hyver reserves the right, in its sole discretion and without prior notice, to remove, edit, or decline to publish any review that violates these Terms or Hyver's content guidelines. You hereby grant Hyver a perpetual, royalty-free license to display and use any reviews you submit in connection with the Service.

6. Prohibited Uses

You shall not, directly or indirectly, use the Service for any purpose that is unlawful, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable. Without limiting the generality of the foregoing, you expressly agree not to use the Service to engage in any of the following:

6.1 Unlawful Activities

• Violate any applicable federal, state, local, or international law, regulation, rule, or order, or infringe the rights of any third party
• Engage in, facilitate, or promote fraud, money laundering, identity theft, or any other financial crime
• Generate, reproduce, or distribute content that infringes or misappropriates any intellectual property right of any third party
• Create, transmit, store, or distribute any content that is illegal under applicable law

6.2 Harmful Content

• Generate, distribute, or deploy malware, viruses, Trojan horses, worms, or any other harmful or malicious code
• Create or disseminate content that promotes, glorifies, or incites violence, terrorism, or self-harm
• Produce any content that sexually exploits or depicts minors
• Generate content that is defamatory, harassing, threatening, or invasive of another person's privacy or publicity rights
• Create synthetic media or other manipulated content intended to deceive, defraud, or mislead any person or entity

6.3 Platform Abuse

• Attempt to circumvent, disable, or otherwise undermine any usage limits, security measures, access controls, or authentication mechanisms implemented by Hyver
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of any component of the Service
• Use automated scripts, bots, scrapers, or other automated means to access, query, or interact with the Service, except as expressly permitted by Hyver in writing
• Interfere with, disrupt, or place an unreasonable burden on the Service, its infrastructure, or any networks or systems connected thereto
• Impersonate Hyver, any Hyver employee, or any other user or person in connection with the Service
• Resell, sublicense, rent, lease, or otherwise redistribute access to the Service without Hyver's prior express written authorization

6.4 Data Misuse

• Submit, upload, or process any data, content, or materials to which you do not hold sufficient rights, licenses, or authorizations
• Process personal data of any third party through the Service without a lawful legal basis as required under applicable data protection law
• Use the Service to harvest, collect, or aggregate personal data of other users or third parties without their express consent
• Violate any applicable data protection, privacy, or cybersecurity laws or regulations, including without limitation the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA)

7. Intellectual Property

7.1 Hyver's Intellectual Property Rights

The Service and all content, features, and functionality thereof, including without limitation all software, code, text, graphics, user interfaces, visual designs, trademarks, logos, data compilations, and underlying technology, are owned by or licensed to Hyver and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign jurisdictions. No title to or ownership of any such intellectual property is transferred to you pursuant to these Terms. Except as expressly set forth herein, no license or right is granted to you with respect to Hyver's intellectual property, whether by implication, estoppel, or otherwise. You shall not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or distribute any portion of the Service without Hyver's prior express written permission.

7.2 Trademarks

"Hyver," the Hyver hexagon logo, and all other Hyver product and service names, logos, and slogans are trademarks or registered trademarks of Hyver, Inc. You are not permitted to use any Hyver trademark without the prior written consent of Hyver. Nothing in these Terms confers any right or license to use any Hyver trademark.

7.3 AI-Generated Content

The ownership and intellectual property status of content generated through artificial intelligence systems is an evolving area of law that may vary by jurisdiction. Subject to the terms herein and applicable law, you shall generally retain such rights as may exist in outputs generated through your authorized use of the Service. Such rights are subject to and qualified by:

• Hyver's right to use anonymized outputs for the purpose of improving, training, and developing the Service, as further described in the Privacy Policy
• The terms and conditions of third-party artificial intelligence model providers whose models underlie the generation of such outputs
• Any rights of third parties whose proprietary content may have influenced or been incorporated into the outputs

7.4 Feedback License

If you provide Hyver with any suggestions, ideas, feedback, recommendations, or other information relating to the Service or potential improvements thereto (collectively, "Feedback"), you hereby grant Hyver a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works from, distribute, publicly display, and otherwise exploit such Feedback for any lawful purpose, without any obligation of attribution, compensation, or accounting to you.

8. User Content

8.1 Ownership and License

As between you and Hyver, you retain all right, title, and interest in and to any data, text, files, information, prompts, inputs, or other materials that you submit, upload, or otherwise transmit to or through the Service ("User Content"). By submitting User Content to the Service, you hereby grant Hyver a non-exclusive, worldwide, royalty-free, sublicensable license to access, use, reproduce, process, store, transmit, and display such User Content solely to the extent necessary to provide, maintain, and improve the Service in accordance with these Terms and the Privacy Policy.

8.2 Representations and Warranties

You represent, warrant, and covenant that all User Content you submit to the Service:

• Does not violate, and your submission thereof does not violate, any applicable law, regulation, or order
• Does not infringe, misappropriate, or otherwise violate any intellectual property right, right of publicity, or right of privacy of any third party
• Does not contain any malicious code, virus, worm, Trojan horse, or other harmful or disruptive content
• You own or have obtained all necessary rights, licenses, consents, and permissions to submit such User Content to the Service and to grant the license set forth in Section 8.1

8.3 Content Moderation and Removal

Hyver reserves the right, but assumes no obligation, to monitor, review, edit, remove, or refuse to process any User Content at any time and for any reason, including without limitation User Content that Hyver determines, in its sole discretion, to violate these Terms, applicable law, or Hyver's content policies. Such action may be taken without prior notice to you and shall not give rise to any liability on the part of Hyver.

9. Third-Party Services

The Service relies upon, integrates with, or otherwise interfaces with various third-party services and providers, including without limitation third-party artificial intelligence model providers, cloud infrastructure providers, our authentication service provider, and third-party connectors enabling access to productivity, development, business, and design tools, as well as third-party enterprise platforms. The availability and functionality of the Service may be dependent upon the continued availability and performance of such third-party services.

9.1 Third-Party Terms and Conditions

Your use of third-party services accessed through or in connection with the Service may be subject to separate and additional terms, conditions, privacy policies, and other agreements imposed by the respective third-party providers. You are solely responsible for reviewing, understanding, and complying with all applicable terms of any third-party service you access or use in connection with Hyver. Hyver is not a party to any agreement between you and any third-party service provider and assumes no liability or obligation thereunder.

9.2 Disclaimer Regarding Third-Party Services

Hyver does not own, operate, or control any third-party service and expressly disclaims all responsibility and liability for the availability, accuracy, reliability, legality, security, or any other aspect of third-party services. Any integration of third-party services into the Service is provided for your convenience only. Your access to and use of any third-party service, whether through the Service or otherwise, is entirely at your own risk. Hyver shall have no liability arising from or related to your interactions with, or reliance upon, any third-party service.

10. Payment Terms

10.1 Fees

Access to certain features, service tiers, or usage allowances of the Service requires payment of fees. All applicable fees are set forth on Hyver's pricing page, as may be updated from time to time, and may include subscription fees, consumption-based or usage-based charges, one-time purchase fees, or any combination thereof. All fees are stated in United States dollars unless otherwise specified.

10.2 Billing and Payment

• Subscription fees are payable in advance on a recurring monthly or annual basis, as selected by you at the time of subscription
• Usage-based charges are calculated in arrears based on your actual consumption of Service resources during the applicable billing period
• Except as expressly stated to the contrary on the pricing page or in a separate written agreement, all fees paid are non-refundable
• Hyver reserves the right to modify its pricing upon not less than thirty (30) days' prior written notice to you, which notice may be provided by email or by posting to the Service

10.3 Payment Authorization

Payment for the Service is processed through authorized third-party payment processors. By providing payment information, you authorize Hyver and its designated payment processors to charge your designated payment method for all fees incurred in connection with your account. You represent and warrant that all payment information you provide is accurate, complete, and current, and that you are authorized to use the payment method provided.

10.4 Taxes

All fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, including without limitation value-added tax, goods and services tax, sales tax, and use tax (collectively, "Taxes"). You are solely responsible for paying all Taxes associated with your purchase of the Service, except for Taxes based on Hyver's net income, which shall be the responsibility of Hyver. If Hyver is required by law to collect Taxes on your behalf, such Taxes shall be added to the fees charged and collected from you.

11. Disclaimers

11.1 Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, AND ARTIFICIAL INTELLIGENCE AGENTS MADE AVAILABLE THEREIN, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYVER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

11.2 Disclaimer Regarding AI Outputs

HYVER MAKES NO REPRESENTATION OR WARRANTY THAT ARTIFICIAL INTELLIGENCE AGENTS WILL PRODUCE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR LEGALLY COMPLIANT OUTPUTS. AI-GENERATED CONTENT MAY CONTAIN ERRORS, OMISSIONS, BIASES, OR INACCURACIES. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF, RELIANCE UPON, OR DISTRIBUTION OF ANY AI-GENERATED CONTENT. HYVER EXPRESSLY DISCLAIMS ANY WARRANTY THAT AI OUTPUTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THEIR USE WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY.

11.3 Disclaimer of Service Continuity

HYVER DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE BASIS. HYVER DOES NOT WARRANT THAT DEFECTS IN THE SERVICE WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HYVER EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM INTERRUPTIONS, DELAYS, OUTAGES, OR FAILURES IN THE SERVICE.

11.4 Disclaimer Regarding Third-Party Services

HYVER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SERVICES ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THIRD-PARTY ARTIFICIAL INTELLIGENCE MODEL PROVIDERS, AUTHENTICATION SERVICE PROVIDERS, AND THIRD-PARTY CONNECTORS. ANY RELIANCE ON THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYVER, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "HYVER PARTIES") BE LIABLE FOR ANY OF THE FOLLOWING, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND
• ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS
• ANY LOSS OR DAMAGE ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONTENT THEREIN
• ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO THE OUTPUTS, BEHAVIOR, OR PERFORMANCE OF ANY ARTIFICIAL INTELLIGENCE AGENT ACCESSED THROUGH THE SERVICE
• ANY LOSS OR DAMAGE ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT, OR ACCOUNT DATA
• ANY AGGREGATE LIABILITY OF THE HYVER PARTIES EXCEEDING THE TOTAL FEES ACTUALLY PAID BY YOU TO HYVER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF HYVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE HYVER PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification

To the fullest extent permitted by applicable law, you shall indemnify, defend, and hold harmless Hyver and its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, licensors, successors, and assigns (collectively, the "Hyver Indemnitees") from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, fines, penalties, costs, and expenses of any kind (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Service, or any activity conducted through your account
• Your breach or alleged breach of any provision of these Terms, any representation or warranty made herein, or any applicable law or regulation
• Your infringement, misappropriation, or violation of any intellectual property right, right of publicity, right of privacy, or any other right of any third party
• Any User Content you submit to, post through, or transmit via the Service
• Your use, reliance upon, or distribution of any AI-generated outputs obtained through the Service
• Any claim by a third party arising from your configuration or deployment of any artificial intelligence agent through the Service

Hyver reserves the right, at its own expense, to assume exclusive control of the defense and settlement of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with Hyver in connection therewith. You shall not, without Hyver's prior written consent, settle any claim that imposes any obligation or liability on any Hyver Indemnitee.

14. Termination

14.1 Termination by You

You may terminate your account and these Terms at any time by submitting a request through your account settings or by contacting Hyver at the address provided in Section 16. Termination of your account shall not relieve you of any obligation to pay fees accrued or owing prior to the effective date of termination, nor shall it affect any right or obligation of either party that accrued prior to such termination.

14.2 Termination or Suspension by Hyver

Hyver reserves the right, in its sole discretion and without prior notice or liability, to suspend, restrict, or permanently terminate your access to the Service, in whole or in part, at any time and for any reason, including without limitation upon Hyver's reasonable belief that you have violated or are in violation of any provision of these Terms or any applicable law. Where reasonably practicable, Hyver shall endeavor to provide notice of termination or suspension, but shall have no obligation to do so.

14.3 Effect of Termination

Upon the termination or expiration of these Terms for any reason:

• All rights and licenses granted to you hereunder shall immediately and automatically terminate and you shall cease all use of the Service forthwith
• Hyver may, in its discretion, delete or disable access to your account and all associated User Content following a reasonable transition period, except as otherwise required by applicable law
• All provisions of these Terms that by their nature should survive termination shall so survive, including without limitation Sections 7 (Intellectual Property), 8.2 (Representations and Warranties), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Governing Law)

15. Governing Law

15.1 Applicable Law

These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, United States of America, without giving effect to any choice of law or conflict of law rules, provisions, or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

15.2 Dispute Resolution by Binding Arbitration

Except as provided in Section 15.4, any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules then in effect. The seat of the arbitration shall be Wilmington, Delaware. The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding upon the parties. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to award any relief that could not be awarded by a court of competent jurisdiction.

15.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING AGAINST HYVER. ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

15.4 Equitable Relief

Notwithstanding the foregoing, either party may seek emergency, preliminary, or other injunctive or equitable relief from any court of competent jurisdiction to the extent necessary to prevent irreparable harm, protect confidential information, or preserve the status quo pending the resolution of a dispute by arbitration pursuant to Section 15.2. The seeking of such relief shall not be deemed a waiver of the right to compel arbitration.

15.5 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, unenforceable, or contrary to applicable law, in whole or in part, such provision shall be deemed severed from these Terms and such holding shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties agree that such invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to render it valid and enforceable, consistent with the parties' original intent.

15.6 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms incorporated herein by reference, constitute the entire agreement between you and Hyver with respect to your access to and use of the Service, and supersede all prior and contemporaneous negotiations, representations, warranties, understandings, and agreements, whether written or oral, between the parties relating to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. No amendment or modification of these Terms shall be effective unless made in writing and accepted by Hyver, which acceptance may be indicated by Hyver's posting of modified Terms to the Service.

16. Contact Information