Term of service

1. AGREEMENT TO TERMS

These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“User,” “Customer,” “you,” or “your”), and HyberX.ai, including its parent entities, subsidiaries, affiliates, successors, and assigns (collectively, “HyberX,” “Company,” “we,” “us,” or “our”), governing your access to and use of the HyberX.ai platform, including but not limited to its desktop applications, web interfaces, APIs, artificial intelligence systems, automation features, documentation, and all related services (collectively, the “Service”).

By accessing, downloading, installing, registering for, or otherwise using the Service, you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms in their entirety, you are expressly prohibited from using the Service and must discontinue use immediately.

If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you possess full legal authority to bind such entity to these Terms.

2. DESCRIPTION OF THE SERVICE

HyberX.ai is an artificial intelligence-driven system administration and IT operational support platform designed to provide diagnostic assistance, contextual troubleshooting recommendations, automation guidance, screen-aware insights (where enabled), and workflow optimization support for system administrators, IT professionals, technical teams, enterprises, and individual users.

The Service utilizes machine learning models, artificial intelligence systems, and algorithmic decision-support mechanisms that generate advisory outputs based on user inputs, system data, contextual screen information (if activated), logs, and other technical metadata. The Service functions strictly as a decision-support and advisory tool. HyberX does not independently execute system-level commands, modify infrastructure, or alter configurations without explicit and deliberate user action.

The User acknowledges that the Service does not constitute managed IT services, certified cybersecurity services, or professional engineering advice unless separately contracted under a written enterprise agreement. All outputs generated by the Service are informational and advisory in nature.

3. ELIGIBILITY AND AUTHORIZED USE

Use of the Service is limited to individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater, and who possess the legal capacity to enter into binding contracts. If the User accesses the Service on behalf of an organization, the User represents and warrants that they are duly authorized to act on behalf of such organization.

Users agree to use the Service solely for lawful purposes and in compliance with all applicable local, national, and international laws, regulations, and industry standards. The Service may only be used on systems, networks, or environments for which the User possesses lawful ownership or authorized administrative rights.

4. ACCOUNT REGISTRATION AND SECURITY

Certain features of the Service require account registration. Users agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy.

Users are solely responsible for maintaining the confidentiality of account credentials, authentication tokens, API keys, and access mechanisms associated with their account. The User assumes full responsibility for all activities conducted under their account, whether authorized or unauthorized.

HyberX reserves the right to suspend or terminate accounts suspected of unauthorized access, credential compromise, fraudulent activity, or breach of these Terms.

5. ACCEPTABLE USE AND PROHIBITED CONDUCT

The User agrees not to access or use the Service for any unlawful, harmful, fraudulent, or malicious purpose. Without limitation, Users shall not use the Service to conduct unauthorized penetration testing, distribute malware, facilitate ransomware deployment, exploit system vulnerabilities, engage in social engineering attacks, or perform activities that violate intellectual property rights, data protection laws, or cybersecurity regulations.

Users shall not reverse engineer, decompile, disassemble, copy, modify, reproduce, or create derivative works based on the Service or underlying AI models. Any attempt to extract source code, model weights, proprietary datasets, or confidential operational methodologies is strictly prohibited.

HyberX reserves sole discretion to determine violations of acceptable use and may suspend or permanently terminate accounts engaged in prohibited conduct.

6. DATA PROCESSING AND SCREEN ANALYSIS

In order to provide functionality, the Service may process technical data including but not limited to system logs, configuration metadata, error outputs, command-line inputs, screenshots, screen captures, diagnostic data, and contextual information provided by the User.

All data processing is conducted in accordance with applicable privacy laws and the HyberX Privacy Policy. Data transmission is secured using industry-standard encryption protocols. HyberX does not claim ownership over User systems, infrastructure, proprietary configurations, or uploaded materials.

Users acknowledge and consent that AI systems may temporarily analyze such information to generate contextual troubleshooting responses. HyberX does not utilize User system data for resale, advertising, or unrelated commercial exploitation.

7. ARTIFICIAL INTELLIGENCE LIMITATIONS

The User expressly acknowledges that artificial intelligence systems operate using probabilistic modeling and predictive algorithms, which may produce inaccurate, incomplete, or outdated outputs. HyberX makes no representation or warranty that AI-generated recommendations will be error-free, operationally optimal, or suitable for mission-critical environments.

Users retain sole responsibility for verifying, validating, and approving all commands, scripts, configurations, or technical actions suggested by the Service prior to execution. HyberX shall not be held liable for operational disruptions, data loss, downtime, security incidents, or financial damages resulting from the User’s implementation of AI-generated guidance.

8. FEES, SUBSCRIPTIONS, AND PAYMENT TERMS

Access to certain features of the Service requires payment of subscription fees as described on the HyberX website or agreed upon in writing. Subscription fees are billed in advance on a monthly or annual basis unless otherwise specified.

All fees are non-refundable except where required by applicable law. Failure to remit timely payment may result in suspension or termination of Service access.

HyberX reserves the right to modify pricing structures upon reasonable notice. Continued use of the Service following pricing updates constitutes acceptance of revised fees.

9. INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interest in and to the Service, including software code, AI models, algorithms, architecture, branding, documentation, design elements, trademarks, and proprietary materials, remain exclusively owned by HyberX or its licensors.

Nothing in these Terms grants Users any ownership rights or intellectual property interests beyond a limited, revocable, non-transferable license to use the Service in accordance with this Agreement.

Unauthorized reproduction, distribution, commercialization, sublicensing, or public display of the Service is strictly prohibited.

10. CONFIDENTIALITY

Each party agrees to protect confidential information disclosed in connection with the Service. Confidential information includes proprietary technical data, AI model methodologies, system configurations, trade secrets, and business information not publicly available.

Users agree not to disclose proprietary aspects of the Service to third parties without written consent.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law, HyberX shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, data, or business interruption.

HyberX’s aggregate liability for any claim arising under this Agreement shall not exceed the total subscription fees paid by the User during the twelve (12) months preceding the event giving rise to the claim.

12. INDEMNIFICATION

The User agrees to indemnify, defend, and hold harmless HyberX, its officers, directors, employees, affiliates, and agents from any claims, liabilities, damages, losses, or expenses arising from the User’s misuse of the Service, violation of applicable laws, breach of these Terms, or infringement of third-party rights.

13. SERVICE AVAILABILITY AND MODIFICATIONS

HyberX endeavors to maintain high service availability but does not guarantee uninterrupted or error-free operation. The Company reserves the right to modify, suspend, or discontinue any portion of the Service at its sole discretion, with or without notice.

Maintenance, updates, infrastructure scaling, and AI model improvements may result in temporary interruptions.

14. TERMINATION

HyberX may terminate or suspend access to the Service immediately upon violation of these Terms or where required by law. Users may terminate their subscription in accordance with applicable cancellation policies.

Termination does not relieve the User of outstanding payment obligations.

15. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of Ontario Canada and Delaware, US, without regard to conflict-of-law principles.

Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of courts located in Ontario, Canada and Delaware, US.

16. AMENDMENTS

HyberX reserves the right to modify these Terms at any time. Updated versions shall be posted on the website with a revised effective date. Continued use of the Service constitutes acceptance of amended Terms.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties regarding the Service and supersede all prior agreements, representations, or understandings, whether written or oral.