HyperTrust - Consent Management Platform
Data Fiduciary Liability:

TERMS OF SERVICE – HYPERTRUST

BY ACCESSING OR USING THE WEBSITE, PLATFORM , YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ARE USING OR ACCESSING THE WEBSITE, PLATFORM ON BEHALF OF A CORPORATION, PROPRIETORSHIP, PARTNERSHIP OR ANY OTHER ENTITY/ORGANISATION AS AN EMPLOYEE, AGENT, OR CONTRACTOR, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ACCEPT THESE TERMS ON BEHALF OF SUCH ENTITY/ORGANISATION AND TO BIND IT TO THE TERMS CONTAINED HEREIN.

By registering on the Website, You accept these Terms and send an offer to HyperVerge to enter into a contract for the use of the Services provided on the Platform. HyperVerge accepts this offer to enter into a contract by activating your account.

These Terms of Service (“Terms“) are entered into by and between HyperVerge Technologies Private Limited (“HyperVerge“, “we“, “our“, “us“) and you and the entity you are representing (“Client“, “your“, “yours“). HyperVerge provides Services rendered through the Platform. These Terms govern your interaction with, access to and use of the Services which you shall be legally bound by and adhere to at all times. In the event that you do not agree with the Terms, as may be amended from time to time, we request you to kindly discontinue your use and access of our Services immediately.

1. DEFINITIONS

  • “Applicable Law(s)” shall mean any applicable statute, enactments, acts of legislature, laws, regulation, circular, ordinance, rule, judgment, notification, directions, rule of common law, order, decree, bye-law, government approval, directive, guideline or any form of decision of, or determination by, or any interpretation, policy or administration, having the force of law, by any national, state or local agency, ministry, public official, court or other governmental organization, each as applicable to the relevant Party for performance of any obligations of the Parties’, and applicable to the respective Party as per the jurisdiction where Services are provided, including Data Privacy Laws.
  • “Authorized Personnel” means the employees or other authorized personnel of the Client, who are specifically authorized and enabled by Client to access the Services.
  • “Client Data” “Client Data”
  • “Confidential Information” means any non-public information disclosed by the Disclosing Party to the Receiving Party in connection with the Services, either directly or indirectly, in writing, orally, visual or by inspection of tangible objects (including, without limitation, documents, financial information, client lists, sample code, potential client lists, client strategies, personally identifiable information, pricing, business processes, APIs, Platform, software, algorithms prototypes, and samples), and such information designated by the Disclosing Party as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential by the Receiving Party. Information communicated orally shall be considered Confidential Information if indicated as such during disclosure or if such information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. Confidential Information will not, however, include any information which the Receiving Party can demonstrate with adequate evidence was information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party; (b) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party, through no action or inaction of the Receiving Party; (c) is already in the possession or comes into the possession of the Receiving Party where such possession is not the result of a breach of confidentiality by the Receiving Party or the third party providing such information to the Receiving Party; (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information, or (e) is required by law to be disclosed by the Receiving Party to any authority provided that the Receiving Party shall provide prior notice to the Disclosing Party before any such disclosure required under law except if prohibited from doing so by the legal or administrative process.
  • “Data Principal” shall have the same meaning as in the DPDPA and for the purposes of this Agreement includes individuals, who are existing or potential customers of the Client, whose consent for processing their Personal Information is being managed through the Platform.
  • “Data Fiduciary, “Data Processor” shall have the same meaning as in the DPDPA.
  • “Data Privacy Laws” shall mean, (a) the Information Technology Act, 2000; (b) Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011; (c) the Indian Digital Personal Data Protection Act, 2023 (“DPDPA”) and rules framed thereunder; as amended, replaced or superseded from time to time, and any regulations enacted thereunder.
  • “Disclosing Party” means the Party disclosing its Confidential Information to the Receiving Party.
  • “Harmful Code” means any software, hardware or other technologies, devices or means designed to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede the Services, including any virus, bug, Trojan horse, worm, backdoor or other malicious computer code and any time-bomb or drop dead-device.
  • “Intellectual Property” Property” means all worldwide rights in intellectual property including in trade names, trade name rights, trademarks, service marks, trademark rights, logos, trade dress, internet domain names, URLs, identifying symbols, logos, emblems, signs or insignia, including all goodwill associated with such marks; licenses, patents, patent applications, any reissues, re-examinations, divisionals, continuations, continuations-in-part and extensions thereof, patent rights, inventions (whether or not patentable), trade secrets, customer lists, databases, copyrights (including registrations and applications therefor), works made for hire, works of authorship, moral rights, technology, computer software in source and object code and related algorithms, models and methodologies and all other tangible embodiments thereof, documentation, know-how, processes, specifications, data and lab test results, formulas, projects in development, computer software, computer software modifications, enhancements and computer software derivative works, concepts, ideas, trade secrets, technical data and other proprietary non- public information and all other intellectual property and proprietary rights and rights of similar nature, of any kind or nature and however designated under any applicable law anywhere in the world and all derivatives thereof. The term “Intellectual Property Rights” shall be construed accordingly and shall mean and include any and all rights, benefits, title or interest in or to any Intellectual Property, anywhere in the world (whether registered or not and including all applications for the same).
  • “Order Form” means the order form referencing these Terms and executed by the Client and HyperVerge which contains the applicable commercial terms governing the Services.
  • “Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person, as defined under the Applicable Laws, as may be amended from time to time.
  • “Platform” means the ‘HyperTrust’ consent management platform.
  • “Privacy Policy” means the privacy policy hosted at https://hypertrust.one/privacy-policy/
  • “Receiving Party” means the Party receiving Confidential Information from the Disclosing Party.
  • “Services” means the consent manager services provided by HyperVerge through your access to the Platform and the Website.
  • “Website”  means the website hosted at https://hypertrust.one/

2. LICENSE GRANTS AND OBLIGATION

  • Platform Functionality: HyperVerge shall provide the Platform to the Client (Data Fiduciary) to collect, manage, track and document the consent of Data Principals for processing in accordance with the Digital Personal Data Protection Act, 2023 and this Agreement.
  • License Grant: Subject to Client’s compliance with this Terms, HyperVerge hereby grants to Client, a limited,  non-exclusive, non-assignable, non-transferable, non-sublicensable, worldwide right and license for non-commercial use of the Platform in accordance with the Documentation within the Client’s organization for its business operations, during the Term of this Agreement.
  • Reservation of Rights: With the sole exception of the limited license rights expressly granted herein, HyperVerge retains any and all rights in its Intellectual Property, not expressly granted herein to Client.
  • No Group Company Access/ Resale:  This Terms expressly prohibits the Client from reselling or sharing on a consideration or a no-consideration basis the access to the Services or any portion thereto with any member of the Client’s group/affiliate/subsidiary/parent company or third party. Any group company of the Client that requires access to the Services shall sign a separate Terms in writing with HyperVerge for the same.

3. FEES, CONTRACT, TERM AND TERMINATION

  • Contract: For receipt of Services, the Parties shall execute an Order Form which shall apply in addition to these Terms.
  • Fees, as mutually agreed between Parties, is payable by the Client upon or prior to consumption of Services.
  • The subscription to the Services shall be active from the ‘Effective Date’ documented in the Order Form and shall be in full force and effect for the duration mentioned in the Order Form, unless terminated in accordance with these Terms (the “Term”). The Order Form shall be auto-renewed for successive intervals of 1 year, unless otherwise expressly cancelled by You in writing 30 days prior to renewal.
  • Continued provision of Services and access to the Client’s account is subject to the successful payment of the fees as referenced in the Order Form.
  • All Services shall be automatically withdrawn and terminated and the license to access the Services cease at the expiration or termination of the Order Form and these Terms.
  • Either party may terminate these Terms and the Order Form if the other party materially breaches these Terms and fails to cure such breach within 15 days following written notice of the breach from the non-breaching party.
  • All fees are non-refundable and shall be payable by the Client by bank/wire transfer to the bank account specified in the Order Form.
  • HyperVerge reserves the right to revise fees, including on account of changes in rates by the third party service providers, or any government or regulatory changes. Any revision of the prices shall be mutually agreed in writing between Parties.

4. OBLIGATIONS:

  • Client agrees to provide accurate, correct and complete information required while enabling Authorized Personnel to Use the Platform, and to maintain the accuracy of such information during the Use of the Services.
  • Client shall: (a) have sole responsibility for the accuracy, quality, and legality of all Client Data entered by Client into the Platform, including ensuring the compliance with all relevant legal and regulatory requirements applicable to it and the submission of Client Data to the Platform; (b) prevent unauthorized access to, or use of, the Platform; (c) notify HyperVerge promptly of any such unauthorized access or use.
  • Client shall be solely responsible to ensure that all Authorized Personnel comply with all of the terms of this Terms and Client shall be responsible and liable for the actions of all Authorized Personnel in violation of this Terms.
  • Client acknowledges and understands that the quality of the output of the Services will vary depending on the accuracy, quality, integrity, reliability, and appropriateness of the Client Data.
  • Client and its personnel will not remove, alter, cover, or obfuscate any copyright notices or other proprietary-rights notices placed on or embedded in the Website/Platform.
  • Client and its Authorized Personnel may not publish the results of any benchmark tests run on the Platform without prior written permission from Service Provider.
  • You are solely and wholly responsible for any content in any form or media including text, audio, video, images, or any other form uploaded from your account or published pursuant to your access to the Services/Platform and Website.
  • Each Party shall comply with its respective obligations under Applicable Law.
  • The Parties hereby expressly agree and acknowledge that: (i) The Client shall be a Data Fiduciary, as it has determined the purpose and means of processing of Client Data by HyperVerge. (ii) HyperVerge shall be a Data Processor acting as a consent manager, to process the Client Data on behalf and instructions of the Client solely for the purposes of providing Services.
  • The Client undertakes only to use the Services to the extent that this is lawful and permissible under these Terms. Misuse will lead to the revocation of the right of use granted by registration. Previously paid fees, if any, will not be refunded in such case.
  • Client is strictly prohibited from:
    • scraping, data mining, or extracting any data from the Platform or Website using automated means, including but not limited to bots, crawlers, or web scrapers;
    • using the Platform or Website for any commercial purposes;
    • modifying, reverse engineering, or attempting to gain unauthorized access to the Platform’s or Website’s infrastructure.
    • Engaging in any activity that may disrupt or degrade the functionality of the Platform or Website.

5. CONFIDENTIALITY

  • Receiving Party shall keep the Confidential Information received during the course of the Service or otherwise concerning the business, property, contracts, trade secrets, materials or affairs, in whatever form, of the Disclosing Party as strictly confidential and shall not disclose it to third parties without Disclosing Party’s prior written consent, provided that the Receiving Party shall be permitted without further consents to disclose the Confidential Information to its employees, officers, consultants, auditors, legal advisors and sub-contractors on a need to know basis for the purpose of provision of Services.
  • Without limiting the foregoing, each Party shall take at least those measures that it takes to protect its own most highly confidential information, which shall in any event be no less than reasonable care, and shall ensure that its representatives, agents, consultants, sub-contractors who have access to Confidential Information of the other Party have signed a nondisclosure terms in content similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees.
  • The Receiving Party agrees that all acts and omissions by its representative in relation to the Confidential Information are deemed to be acts and or omissions of the Receiving Party and accordingly the Receiving Party is liable for the same.
  • Upon termination/ expiration of this Agreement and receipt of written request from the Disclosing Party, the Receiving Party shall purge all Confidential Information in its possession.
  • This Clause shall survive for a period of 3 (three) years from expiration or the termination of the Order Form or these Terms.
  • Nothing in these Terms grants the Receiving Party any right, title or interest in or to any of the Confidential Information, except as provided in these Terms.

6. CONTROL OF THE SERVICES

The method and means of providing the Services shall be under our exclusive control, management and supervision. HyperVerge may at any time modify or upgrade the Services, Website, Platform, provided that any such modifications or upgrades shall not materially change the nature of Services or lead to a degradation of the Services.

7. PASSWORD SECURITY

You hereby agree and acknowledge that the login details to your account are confidential and you have the responsibility to ensure its secrecy and non-disclosure to any third parties. You agree to be fully personally responsible for any and all activity carried out from your account. You shall not permit any third parties access to or usage of any Services/Website/Platform through your account. In the event that any breach of your account credentials takes place, or you suspect any unauthorized third party access to the same, you shall immediately notify us in writing along with the relevant details to support@hyperstart.com.

8. INTELLECTUAL PROPERTY

  • The Client shall be the sole owner of all Intellectual Property relating to its business, including but not limited to: (i) any Confidential Information provided by the Client, (ii) Personal Information supplied by the Client, and (iii) Personal Information input by the Client or its Authorized Personnel, to the extent permissible by law.
  • All Intellectual Property contained in respect of the Service, Platform and Website shall be solely owned by HyperVerge. Nothing contained herein shall amount to transfer of ownership, right, title or interest to you, in any part or whole of the Intellectual Property embodied and contained in, or created pursuant to the Services being rendered or in the Services/Platform and Website except for the specific license as expressly permitted hereunder.
  • You provide to HyperVerge the permission to collect, store, process and transmit your Confidential Information, Client Data and Personal Information (as provided by you) as may be necessary to render the Services to you and enable you continued access and use of the Website and Platform.
  • All Intellectual Property and Intellectual Property Rights owned by us or our third-party vendors prior to your accepting these Terms shall solely vest with us or the third-party vendors, as the case may be, including any Intellectual Property developed by us, including any template documents, during the provision of Services.

9. INFORMATION SECURITY & COMPLIANCES

  • HyperVerge is an ISO 27001:2013 certified organisation with a keen focus on ensuring information security and privacy of user data. We implement information security standards and protocols in accordance with generally accepted industry standards and as stipulated under the Applicable Laws as amended from time to time. This includes appropriate encryption and firewalls to protect the safety and security of your data.
  • All data collected and received from you shall be processed by HyperVerge in its capacity as a data processor and all data shall be collected, processed and transmitted in connection with the Services/Platform and Website in accordance with our Privacy Policy.
  • HyperVerge shall be permitted to collect, store, analyse and use data, on an aggregated and anonymised basis, related to your use of the Services, for:
    • Usage Tracking and Service Improvement: To monitor usage patterns to identify areas of improvement, including Platform development, to serve you better;
    • Performance Monitoring: To track Platform’s performance, including benchmarking, for reliability and stability;
    • Marketing and Sales: Producing anonymised insights for marketing without identifying you.
    It is hereby clarified that data used for the aforementioned purposes shall be aggregated and anonymised to ensure that no Personal Information or specific reference to you is disclosed keeping in mind your privacy and confidentiality.
  • In the event that either party becomes aware of any unauthorized or unlawful access, use, disclosure, destruction, or loss of Client Data, during the course of provision, access, or use of Services under this Agreement, such party shall promptly notify the other party in writing. The notifying party shall, using commercially reasonable efforts, cooperate with the other party, to investigate and resolve the breach, and shall take all necessary steps to mitigate any potential damages resulting from the breach.

10. INDEMNITY

  • HyperVerge expressly agrees to indemnify from any and all direct, actual, and proven claims, losses, damages, suits, expenses (including reasonable legal costs), fees, settlements, proceedings, liability, and demands by third parties arising out of/suffered in connection with HyperVerge’s: (a)breach of Applicable Laws (b)infringement of third-party Intellectual Property (c) gross negligence and fraud (d) breach of confidentiality obligations contained herein except where such claims arise due to Client’s negligence, willful misconduct, or breach of these Terms.
  • You hereby expressly agree to indemnify and defend HyperVerge, its officers, directors, and employees from any and all claims, including claims of Data Principals, losses, damages, suits, expenses (including reasonable legal costs), fees, settlements, proceedings, liability, and demands arising out of/suffered in connection with: (a) your acts and omissions/conduct with respect to the Services/Platform (b) your violation of any Applicable Laws (c) violation or infringement of Intellectual Property in the Platform and Website (d) gross negligence or fraud (e) claims of Data Principals against HyperVerge arising from any deficiency in service from the Client towards the Data Principal except where such claims arise due to HyperVerge’s negligence, willful misconduct, or breach of these Terms.
  • In the event a Party claims a right to indemnification (“Indemnified Party”), such Party shall promptly give written notice of the claim to the other (“Indemnifying Party”) as soon as practicable; at the Indemnifying Party’s request and expense, permit Indemnifying Party to handle all negotiations for settlement and to control and direct any litigation that may follow and provide all reasonable assistance to Indemnifying Party (at Indemnifying Party’s cost) in the handling of any negotiations and litigation. If there is any damage or loss caused or cost incurred by the Indemnified Party is exacerbated as a result of delay in or failure to notify the Indemnifying Party in accordance with this clause, the Indemnifying Party will not be liable for such exacerbated damages, loss and/or costs. The Indemnified Party must take reasonable steps to mitigate any loss, damage or expense it sustains or incurs and that arises from, or in connection with, the claim in respect of which it claims indemnity. The obligations of the Parties in this Clause 10 constitute the entire liability of the Indemnifying Party and exclusive remedy of the Indemnified Party with respect to indemnity events stated therein.

11. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

  • DISCLAIMER OF WARRANTIES: ALL SERVICES/PLATFORM AND WEBSITE ARE RENDERED PURELY ON AN ‘AS IS’ BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR TO THE EXTENT PROHIBITED BY APPLICABLE LAW, HYPERVERGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, UNINTERRUPTED/ERROR-FREE USE OF SERVICES, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY OF SERVICES, IMPLIED, EXPRESS, STATUTORY OR REPRESENTATIONS AND WARRANTIES OF ANY OTHER KIND OR OF ANY OTHER DESCRIPTION WHATSOEVER.
  • DISCLAIMER OF INDIRECT LOSSES: IN NO EVENT SHALL EITHER PARTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, TANGIBLE OR INTANGIBLE LOSS, LOSS OF PROFITS, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, GOODWILL, REPUTATION, LOSS OF DATA ARISING OUT OF THE USE OF THE SERVICES, CONDUCT OF OTHER MEMBERS, UNAUTHORISED USE, ACCESS, DISSEMINATION OF CONTENT OR DATA BY ANY USER OR THIRD PARTY, EVEN IF THE CONCERNED PARTY HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR CLAIMS.
  • LIABILITY CAP: IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY UNDER THESE TERMS BE GREATER THAN THREE TIMES THE AVERAGE MONTHLY SUBSCRIPTION FEES PAID BY THE CLIENT UNDER THE ORDER FORM, IRRESPECTIVE OF THE CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND HYPERVERGE WOULD NOT ENTER INTO THE ORDER FORM WITHOUT SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.
  • Data Fiduciary Liability: HyperVerge merely provides Clients with a Platform which supports the Client in complying with certain specified obligations arising from the Data Privacy Laws. HyperVerge does not assume the role of a Data Fiduciary and assumes no liability whatsoever for the Client actually fulfilling its obligations under the Data Privacy Laws. HyperVerge does not assume or guarantee the performance and cannot replace the independent activity and responsibility of the Client in the performance of its obligations under the Data Privacy Laws. The ultimate responsibility regarding compliance with the obligations under the Data Privacy Laws remains with the Client. HyperVerge is not able to establish the data protection compliance for a Client’s platform, which is in non-compliance with Data Privacy Laws.

12. GOVERNING LAW AND DISPUTE RESOLUTION

For any dispute, disagreement, controversy, claim arising out of the Services/Platform and Website against HyperVerge, we request you to raise the same in writing with the relevant details at to support@hyperstart.com and legal@hyperstart.com and we shall work towards resolving the same within a reasonable period of time.

The Order Form and these Terms shall be interpreted in accordance with the laws of India and any dispute arising out of or in relation to this Terms shall be subject to the exclusive jurisdictions of the courts in Bangalore. The Parties shall first attempt in good faith to resolve any dispute by negotiation and consultation between themselves. In the event that the Parties are unable to reach a satisfactory solution within thirty (30) days from the date of the dispute, any such dispute arising out of or in connection with this Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by a single arbitrator to be mutually appointed within 30 (thirty) days of the dispute failing which an arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration proceeding shall be Bangalore, India. All proceedings shall be in English. The award of the Arbitrator shall be final and binding on the Parties.

Notwithstanding the foregoing, either Party may seek interim relief in a court of competent jurisdiction.

This Clause 12 shall, at all times, survive any expiration or the termination of these Terms.

13. CORRESPONDENCE

You hereby give us express permission to send you email notifications, updates and newsletters on the website and applications, through SMSs, emails and other modes of communication as may be applicable. All information collected from you with respect to your account and your continued use and access to our services shall be stored, processed, used and transferred in accordance with our Privacy Policy.

14. ANTI-CORRUPTION

Neither HyperVerge nor Client has or shall directly or indirectly, offer, promise, give, authorize, solicit, or accept any undue advantage, bribe, kickback, or any other form of improper payment or benefit to or from any individual, including but not limited to government officials, employees, or representatives of any private or public organization, with the purpose of influencing their actions, decisions, entering into this engagement, obtaining or retaining business or any improper advantage.

15. ASSIGNMENT

These Terms or the Order Form are not assignable or otherwise transferable by either Party without the express written consent of the other Party, which shall not be unreasonably withheld. However, a Party may assign the Order Form and these Terms in its entirety, without the other Party’s consent to any group company or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that the Order Form and these Terms shall be binding on the assignee/ surviving entity. Any attempted assignment in violation of this clause will be null and void. In the event of assignment of the Order Form and these Terms by the Client to a direct or indirect competitor of the HyperVerge, HyperVerge shall have the right to immediately suspend the Services and terminate the Order Form and these Terms.

16. RELATIONSHIP

Each party’s relationship to the other is that of an independent contracting party. Nothing in this Agreement, and no course of dealing between the parties, is to be construed to create a partnership, joint venture or employment or agency relationship between the parties. Neither party shall have the power or authority to assume or create any obligation or responsibility on the other party’s behalf.

17. FORCE MAJEURE

We not shall be liable for any breach of our obligations hereunder resulting from causes beyond our reasonable control including but not limited to acts of god, fires, floods, earthquakes, pandemic or epidemic illness, strikes, wars, insurrection or riots, embargoes, or requirements or regulations of any civil or military authority.

18. COMPLIANCE WITH APPLICABLE LAWS

Each Party agrees to abide by all applicable local, state, national laws, and regulations in connection with respect to its obligations under this Agreement, including, without limitation, all applicable privacy and data protection laws, rules and regulations, including all laws and regulations regarding the export of technical data from one jurisdiction to the other through the Service, and relating to the privacy of Personal Information.

19. ENTIRE AGREEMENT

The Order Form and Privacy Policy is hereby incorporated into these Terms by reference and together with the Terms, constitute the entire understanding of the Parties and supersedes all previous communications, representations, or understandings, between the Parties relating to the subject matter thereof. If any provision of this Agreement is declared invalid or unenforceable, then the court shall replace the invalid or unenforceable provision with a valid and enforceable provision that most accurately reflects the Parties’ intentions, and the remaining provisions of this Agreement shall remain in full force and effect.

20. WAIVER

No waiver by either Party hereto of any breach or default of any of the covenants or agreement herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default. No waiver shall be effective unless made in writing signed by the authorized representative of the Party making such waiver.

21. CONFLICT

In the event of any inconsistency between the Order Form and these Terms, the Order Form shall prevail to the extent of such inconsistency.

22. NOTICES

Any notices, requests or other communications required or permitted by this Terms shall be in
writing and shall be delivered as follows with notice deemed given as indicated:

  • by personal delivery when delivered personally;
  • by courier service upon written verification of receipt;
  • by email upon acknowledgement of receipt of electronic transmission;
  • by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth below or such other address as either Party may specify in writing by notice.
HyperVerge Technologies Private Limited

HyperVerge Technologies Private Limited, No. 12, 2nd Floor, Urban Vault, 17th cross, Sector 7, HSR Layout, Bengaluru Karnataka – 560102

Email: legal@hyperverge.co

Attn: HyperVerge Legal Team

In the case of Client:
Address inputted in the Order Form shall apply.

23. GRIEVANCE REDRESSAL

For any queries, grievances or concerns in relation to these Terms or the Order Form, please contact the our Grievance Officer whose details are provided below: Mr. Saiventakesh Ashokkumar, Grievance Officer, Contact Details: sai@hyperverge.co,  legal@hyperstart.com.  We will endeavour on a best efforts basis to acknowledge your query/concern or grievance and provide further communication on the same within 5 business days of receipt.

24. MARKETING

Client expressly permits HyperVerge Technologies Private Limited to use Client’s logo and tradename in its website, decks/presentations and marketing collateral to designate it as a client of HyperTrust. The Parties may enter into good faith discussions for the Client to provide a testimonial for its bonafide experience of the use of Services.

25. CHANGES

Any updates, modifications, revisions or amendments to the Terms shall be published herein from time to time. The most updated version of the Terms, as published from time to time, applicable on date of renewal of subscription will govern your use and interaction with our Services from the date of renewal. Your continued use of our Services upon renewal, on the publication of the amended Terms, signify your deemed consent to the updated terms without requiring any further consent to be specifically obtained.