Terms of Service

Last Updated: October 22, 2026

Website: https://hyperstrate.xyz

Introduction

These Terms of Service (the “Terms”) constitute a legally binding agreement between Hyperstrate (“Hyperstrate,” “Company,” “we,” “us,” or “our”) and the individual or legal entity accessing or using our services (“Customer,” “you,” or “your”).

These Terms govern your use of the Hyperstrate website, dashboard, APIs, RPC endpoints, private transaction submission infrastructure, and related software, technical documentation, and services (collectively, the “Services”).

By creating an account, registering an organization, obtaining an API key, accessing an endpoint, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you use the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

1. Description of Services

1.1 Hyperstrate Infrastructure

Hyperstrate provides blockchain infrastructure designed to enable private transaction submission, transaction routing, and related API functionality, primarily for the Polygon blockchain network (the “Network”).

Depending on the product, plan, and technical configuration, the Services may include:

• Private submission of signed blockchain transactions.
• Routing of transactions through private infrastructure toward Network block producers.
• API and RPC endpoint access.
• Transaction submission, status reporting, and monitoring functionality.
• Authentication, organization management, API key administration, and usage analytics.
• Other blockchain infrastructure functionality made available by Hyperstrate.

The specific functionality available to a Customer is determined by its applicable plan, published technical documentation (“Documentation”), and any separately executed commercial agreement.

1.2 Private Transaction Submission

Hyperstrate’s private transaction submission functionality is designed to route eligible transactions through private infrastructure rather than immediately broadcasting them through the Network’s standard public mempool.

Private submission is intended to reduce exposure of transaction information before inclusion in a block.

Private transaction submission does not create a separate blockchain, alter the Network’s consensus mechanisms, or guarantee any particular transaction outcome.

Once a transaction is included in a block, it becomes publicly visible on the Network in accordance with the Network’s normal operation.

1.3 Third-Party Infrastructure

Hyperstrate may use infrastructure, technology, routing systems, validator connections, APIs, or other services provided by third parties, including blockchain infrastructure providers and Network participants (“Infrastructure Providers”).

Hyperstrate may transmit transaction data and related technical information to Infrastructure Providers where necessary to deliver, secure, monitor, and maintain the Services.

Infrastructure Providers may impose technical restrictions, rate limits, security requirements, compliance obligations, or operational conditions affecting the Services.

Hyperstrate may implement reasonable restrictions necessary to comply with these requirements.

1.4 Independent Service Provider

Hyperstrate operates as an independent infrastructure service.

Unless expressly stated in an authorized written agreement or announcement, Hyperstrate is not affiliated with, sponsored by, endorsed by, or acting as an agent of Polygon Labs or any other blockchain protocol developer.

All third-party trademarks, network names, and intellectual property remain the property of their respective owners.

1.5 Non-Custodial Infrastructure

The Services are designed for submission and routing of transactions signed by the Customer or other duly authorized signers.

Unless expressly agreed otherwise in writing, Hyperstrate does not hold or control Customer private keys, custody Customer digital assets, or independently authorize blockchain transactions on a Customer’s behalf.

Customers remain responsible for transaction authorization, signing, wallet security, and the custody of their digital assets.

Hyperstrate does not act as an exchange, broker, investment adviser, fiduciary, or custodian merely by providing the Services.

2. Eligibility and Customer Accounts

2.1 Eligibility

To access the Services, you must:

• Have legal capacity to enter into a binding agreement.
• Be authorized to act for any organization represented.
• Provide accurate and complete registration information.
• Comply with all applicable laws and regulations.
• Not be prohibited from accessing the Services under applicable sanctions or other legal restrictions.

Hyperstrate may refuse or restrict registration where reasonably necessary for legal, compliance, security, or operational purposes.

2.2 Organization Accounts

Customers may create organizational accounts and authorize employees, contractors, or other personnel to use the Services (“Authorized Users”).

The Customer is responsible for managing Authorized Users and ensuring that they comply with these Terms.

Actions performed through an organizational account or its API credentials will be treated as actions of the Customer, except to the extent otherwise required by applicable law.

2.3 Account Accuracy

Customers must maintain accurate account, billing, ownership, and contact information.

Hyperstrate may request updates or verification of information where reasonably necessary to meet operational or legal requirements.

2.4 Verification and Compliance Screening

Hyperstrate may conduct identity, business, beneficial ownership, sanctions, anti-money laundering, fraud prevention, or other compliance screening where required by law, by its Infrastructure Providers, or by legitimate security and risk-management requirements.

Customers agree to provide reasonably requested documentation and information for such purposes.

Hyperstrate may delay activation, restrict functionality, or suspend access while required verification is incomplete.

Failure to provide reasonably requested information may result in termination of access.

3. API Keys and Security

3.1 API Credentials

Hyperstrate may issue API keys, access tokens, or other credentials (“API Credentials”) to authenticate access to the Services.

API Credentials are confidential and may be used only by the Customer and its Authorized Users for permitted purposes.

Customers must not publish, transfer, sell, sublicense, or disclose API Credentials to unauthorized third parties.

3.2 Customer Security Responsibilities

Customers must:

• Protect API Credentials from unauthorized disclosure.
• Implement reasonable access controls and security measures.
• Restrict access to personnel and systems that require it.
• Promptly revoke or rotate compromised credentials.
• Notify Hyperstrate without undue delay upon becoming aware of unauthorized access or a security compromise.

Customers are responsible for activities carried out using their API Credentials before Hyperstrate receives notice of compromise, subject to applicable law and any fault attributable to Hyperstrate.

3.3 Security Restrictions

Customers must not:

• Circumvent authentication, authorization, or security controls.
• Bypass rate limits or usage restrictions.
• Probe, scan, or test infrastructure vulnerabilities without prior written authorization.
• Launch denial-of-service attacks or otherwise intentionally overload the Services.
• Introduce malware or malicious code.
• Interfere with the operation of the Services or other customers’ access.

Hyperstrate may suspend or restrict API Credentials where reasonably necessary to protect the security, integrity, or availability of the Services.

4. Permitted Use and Restrictions

4.1 Permitted Use

Customers may use the Services for lawful blockchain-related purposes, including legitimate transaction submission, development, wallet operations, decentralized application functionality, trading infrastructure, and other activities permitted under applicable law.

All use must comply with these Terms, applicable Documentation, and relevant laws.

4.2 Prohibited Activities

Customers must not use the Services to:

a. Violate applicable laws, regulations, sanctions, or governmental orders.

b. Engage in fraud, theft, money laundering, terrorist financing, sanctions evasion, or the transfer of criminal proceeds.

c. Carry out unlawful market manipulation, deceptive trading, wash trading, spoofing, layering, or fraudulent trading schemes.

d. Manipulate prices, liquidity, markets, indices, or oracles through unlawful or deceptive conduct.

e. Access, infer, monitor, exploit, or attempt to obtain non-public transaction information belonging to another customer or held within private routing infrastructure without authorization.

f. Conduct front-running, sandwich attacks, or other value-extraction activities using unauthorized access to non-public transactions or confidential information.

g. Introduce malicious transactions, spam, or abusive traffic intended to degrade the Services or underlying Network.

h. Interfere with blockchain validators, Infrastructure Providers, other users, or Network security.

i. Circumvent applicable rate limits, authentication mechanisms, transaction restrictions, or security controls.

j. Misrepresent the origin, purpose, ownership, or authorization of transactions.

k. Use the Services in any manner that creates a material legal, security, or operational risk to Hyperstrate or its Infrastructure Providers.

4.3 Legitimate Trading Activity

Use of the Services for lawful automated trading, arbitrage, liquidity provision, market making, or decentralized finance activity is not prohibited solely because it involves those activities.

However, all such activity remains subject to applicable law, these Terms, and the restrictions on manipulative, fraudulent, abusive, and unauthorized conduct.

4.4 Fair Use

Hyperstrate may establish and enforce reasonable rate limits, traffic controls, transaction restrictions, and security measures to maintain service integrity.

Customers must comply with the usage restrictions applicable to their accounts and plans.

5. Downstream Customers and Reselling

5.1 Authorized Customer Integrations

Customers may integrate the Services into their own applications, websites, wallets, business systems, or other products solely to the extent authorized by their applicable Hyperstrate plan or a separate written agreement.

Authorization to integrate the Services does not automatically include permission to resell, sublicense, or independently redistribute access to Hyperstrate’s infrastructure.

5.2 Resale and Redistribution

Customers must obtain Hyperstrate’s prior written authorization before:

• Reselling access to the Services.
• Offering Hyperstrate’s infrastructure as a standalone commercial API service.
• Providing white-label or sublicensed access.
• Making API Credentials available to other independent businesses.
• Establishing downstream commercial service arrangements that involve redistribution of Hyperstrate’s infrastructure.

Any authorization may be subject to additional technical, commercial, security, and compliance conditions.

5.3 End-User Integrations

Where Hyperstrate expressly authorizes Customer applications to submit transactions on behalf of their own end users, those end users will be considered “Downstream Users” for the purposes of these Terms.

Such authorization may be included in an applicable product plan, service description, or written agreement.

Customers must not exceed the scope of that authorization.

5.4 Downstream Compliance

Customers operating authorized integrations involving Downstream Users must:

• Comply with applicable sanctions, anti-money laundering, data protection, and other legal requirements.
• Maintain reasonable controls intended to prevent prohibited use.
• Impose legally enforceable terms on Downstream Users prohibiting unlawful activity, abusive use, unauthorized resale, and conduct prohibited by these Terms.
• Maintain appropriate security controls and prevent unauthorized exposure of API Credentials.
• Promptly respond to reasonable compliance and abuse notices from Hyperstrate.
• Cooperate with lawful investigations and compliance requests to the extent legally required and reasonably necessary.

5.5 Responsibility for Downstream Users

To the extent permitted by applicable law, Customers are responsible for their own products, integrations, and the acts and omissions of Downstream Users in connection with the Services.

Hyperstrate has no direct contractual relationship with a Downstream User solely because the Downstream User accesses the Services through a Customer’s authorized integration.

Customers must ensure that they have the necessary rights and authorizations to submit transactions and associated data on behalf of their Downstream Users.

5.6 Restriction of Downstream Access

Hyperstrate may require Customers to suspend or restrict particular Downstream Users where reasonably necessary to address legal, sanctions, security, fraud, or material operational concerns.

Customers must implement urgent restrictions within the time reasonably specified by Hyperstrate, including within 24 hours where necessary to address a significant compliance or security risk.

Hyperstrate may suspend affected access directly where immediate action is necessary.

6. Transaction Processing and Routing

6.1 Transaction Submission

Customers may submit properly signed transactions through supported Hyperstrate endpoints and methods.

A transaction must comply with the Network’s technical requirements and applicable Service Documentation.

Hyperstrate may reject malformed, unauthorized, unsupported, or otherwise invalid submissions.

6.2 Transaction Acceptance

A submission is considered accepted when the applicable Hyperstrate endpoint acknowledges it as accepted for processing in accordance with the API Documentation.

A successful API response indicating receipt or acceptance does not guarantee block inclusion or successful execution.

6.3 Transaction States

Hyperstrate may report transaction states such as:

• Received or accepted.
• Pending or queued.
• Attempted or routed.
• Included or landed.
• Failed, reverted, rejected, expired, or not included.

The precise definitions and availability of transaction states are governed by the applicable API Documentation.

6.4 No Guaranteed Inclusion

Hyperstrate does not guarantee that a submitted transaction will:

• Be included in a block.
• Be included within a particular timeframe.
• Execute successfully.
• Be processed in a particular order.
• Avoid reverting.
• Achieve a specified gas price or transaction cost.
• Obtain any particular financial or trading outcome.

Transaction inclusion, ordering, execution, and finality depend on Network rules, block producers, validators, market conditions, and other factors outside Hyperstrate’s exclusive control.

6.5 MEV Protection Limitations

Private routing is intended to reduce the visibility of transaction information before block inclusion and thereby reduce exposure to certain forms of maximal extractable value (“MEV”) activity.

Hyperstrate does not guarantee prevention of all front-running, sandwich attacks, back-running, censorship, transaction reordering, or other MEV-related activities.

Private submission cannot prevent all transaction manipulation, particularly where it results from on-chain information, block-producer behavior, third-party conduct, or information that becomes public after inclusion.

6.6 Network Fees

Hyperstrate’s service fees are separate from blockchain transaction fees, gas fees, and other Network costs unless expressly stated otherwise.

Customers remain responsible for applicable Network fees and for the economic consequences of transactions they authorize.

6.7 Technical Dependencies

The Services may depend on third-party infrastructure, validators, Network participants, hosting providers, telecommunications services, and other systems.

Delays, interruptions, rejections, failures, or changed conditions affecting those systems may affect transaction processing.

7. Pricing, Billing, and Payments

7.1 Applicable Prices

Services are charged according to the pricing published at https://hyperstrate.xyz or established in a separate written commercial agreement.

Unless otherwise specified, prices are expressed in United States Dollars (USD).

7.2 Transaction Pricing

For applicable outcome-based transaction plans, pricing may vary according to whether a transaction:

a. Is included on the Network (“Landed Transaction”).

b. Is attempted for routing or delivery but is not included (“Attempted Transaction”).

c. Is not attempted for routing or delivery (“Unattempted Transaction”).

The operational criteria and transaction status used to determine these categories are described in the applicable Documentation.

7.3 Landed Transactions

Where the applicable plan uses outcome-based pricing, a Landed Transaction is charged the published landed transaction fee applicable when the transaction was first accepted.

The landed fee is the total Hyperstrate service fee for that transaction and includes any attempted-submission component.

A transaction included on-chain but subsequently reverted may still qualify as a Landed Transaction because inclusion and successful execution are distinct events.

7.4 Attempted Transactions

A transaction that is attempted for routing or delivery but does not land may be charged the applicable attempted transaction fee.

The attempted fee will not be added separately to a landed fee for the same transaction.

7.5 Unattempted Transactions

Under outcome-based plans, transactions that Hyperstrate determines were never attempted for routing or delivery are not charged a transaction submission fee.

This does not waive unrelated fees expressly agreed under another product, plan, or contract.

7.6 Monthly Usage Tiers

Where tiered usage pricing applies, usage is aggregated across the Customer’s organization during each calendar month, measured in UTC.

Each pricing tier applies to the transactions falling within that tier unless the applicable pricing schedule expressly states otherwise.

Usage tier counts reset at the beginning of each new calendar month.

7.7 Price Locking

For published transaction-based plans, the applicable unit price is determined when the transaction is first accepted by Hyperstrate.

That unit price will not be increased retroactively because of subsequent retries, monthly tier changes, or a later pricing update.

7.8 Duplicate Submissions and Retries

Repeated submissions of the same transaction hash, including automatic retries, are generally treated as one billable transaction for the same original submission, subject to the applicable Documentation and provided the transaction has not been materially replaced by a distinct signed transaction.

Customers must not intentionally manipulate transaction hashes, retries, or submission patterns to circumvent billing rules.

7.9 Prepaid Balances and Reservations

Where the applicable plan uses prepaid credit or balance reservations, Hyperstrate may temporarily reserve an amount equal to the applicable landed fee at the time of submission.

Following determination of the transaction’s billable outcome, Hyperstrate will settle the applicable charge and release or restore unused reserved credit in accordance with the relevant plan.

Any free or promotional credit is subject to the conditions communicated when granted.

7.10 Enterprise and Custom Agreements

Enterprise Customers may be subject to separately agreed pricing, payment terms, minimum monthly fees, capacity commitments, credit arrangements, or other commercial conditions.

If there is a conflict between these Terms and a signed enterprise agreement, the signed agreement prevails for the conflicting subject matter.

7.11 Usage Measurement and Disputes

Hyperstrate may use its internal submission logs, API records, transaction hashes, timestamps, routing outcomes, and monitoring systems to calculate usage.

These records will ordinarily be used for billing, subject to correction of errors.

Customers may dispute a charge in good faith by contacting office@hyperstrate.xyz within 30 days of the relevant invoice or charge appearing in their billing records.

Hyperstrate will investigate reasonably supported disputes and correct verified billing errors.

7.12 Taxes and Overdue Amounts

Published prices exclude applicable taxes unless expressly stated otherwise.

Customers are responsible for taxes legally payable in connection with their purchase or use of the Services, except taxes on Hyperstrate’s income.

For invoiced plans, Customers must pay invoices by the applicable due date. Hyperstrate may suspend paid access for materially overdue undisputed amounts following reasonable notice and an opportunity to remedy the nonpayment.

8. Sanctions, Anti-Money Laundering, and Legal Compliance

8.1 Compliance Obligations

Customers must comply with all laws and regulations applicable to their use of the Services, including relevant sanctions, anti-money laundering, counter-terrorist financing, anti-fraud, financial markets, and data protection requirements.

8.2 Sanctioned Persons and Wallets

Customers must not knowingly use the Services to submit transactions by, on behalf of, or for the benefit of persons or entities subject to applicable prohibitions or sanctions.

Customers must not knowingly facilitate transactions involving sanctioned wallet addresses where prohibited by applicable law.

8.3 Prohibited Jurisdictions

Customers must not access or use the Services where doing so is prohibited under laws applicable to Hyperstrate, the Customer, or relevant Infrastructure Providers.

8.4 Compliance Controls

Business Customers and authorized resellers must maintain compliance measures appropriate to the nature and risk of their activities.

Hyperstrate may request reasonable confirmation of compliance and may implement appropriate screening, filtering, and access restrictions.

8.5 Regulatory Cooperation

Hyperstrate may preserve or disclose relevant information where required by law, lawful governmental process, or a valid regulatory obligation.

9. Monitoring, Logging, and Data Processing

9.1 Operational Records

Hyperstrate may collect and process technical records reasonably necessary to provide, maintain, secure, and bill for the Services, including:

• API key or organizational identifiers.
• Transaction hashes.
• Sender addresses and transaction nonces.
• Submission timestamps.
• Routing and delivery outcomes.
• Network and API performance information.
• IP addresses, request metadata, and technical error records.

9.2 Permitted Purposes

Hyperstrate may process such information for:

• Delivering and monitoring the Services.
• Authentication, billing, and usage verification.
• Security monitoring and incident investigation.
• Fraud, abuse, and sanctions screening.
• Technical troubleshooting and operational maintenance.
• Compliance with applicable law.

9.3 Infrastructure Providers

Information reasonably necessary to process transactions may be shared with Infrastructure Providers and Network participants.

Such providers may independently collect or retain technical submission records as required by their infrastructure operations, contractual requirements, or applicable law.

Where applicable, Hyperstrate may use Infrastructure Providers subject to confidentiality, security, data-handling, and retention commitments.

9.4 Data Retention

Hyperstrate’s retention of personal data and operational records is governed by its Privacy Policy and applicable legal obligations.

Certain third-party Infrastructure Providers may retain technical submission records under their own applicable retention requirements.

Blockchain information included on a public Network may remain publicly available independently of Hyperstrate’s records.

9.5 Customer Data

As between Hyperstrate and the Customer, the Customer retains its rights in transaction data and other information it lawfully submits.

The Customer grants Hyperstrate a limited right to process and transmit that information as necessary to perform the Services, protect the platform, and comply with applicable legal obligations.

Hyperstrate does not acquire ownership of Customer digital assets or submitted transactions merely by processing them.

9.6 Privacy

Personal data will be processed in accordance with Hyperstrate’s Privacy Policy available at:

https://hyperstrate.xyz/privacy/

To the extent required by applicable law, additional data processing terms may apply.

10. Service Availability and Technical Changes

10.1 Service Availability

Hyperstrate will use commercially reasonable efforts to maintain the availability and operational integrity of the Services.

Except where expressly agreed under a separate service-level agreement (“SLA”), the Services are provided on an “as available” basis without a guaranteed uptime percentage.

10.2 Performance Targets

Published uptime figures, routing latency targets, performance estimates, and technical design objectives are informational targets unless expressly incorporated into a binding SLA.

They do not independently constitute contractual guarantees.

10.3 Planned Maintenance

Hyperstrate may perform maintenance, updates, security improvements, or other technical work affecting the Services.

Where practicable, Hyperstrate will provide advance notice of planned maintenance materially affecting paid functionality.

10.4 Emergency Maintenance

Hyperstrate may perform emergency maintenance without advance notice where necessary to address security vulnerabilities, operational threats, third-party infrastructure failures, or urgent legal requirements.

10.5 Rate Limits

Hyperstrate may establish reasonable per-account, per-API-key, transaction, bandwidth, or other technical rate limits.

Limits may vary according to the applicable plan and operational requirements.

10.6 Service Modifications

Hyperstrate may modify, improve, replace, suspend, or discontinue Service features.

Where a change materially diminishes paid functionality, Hyperstrate will provide reasonable advance notice when practicable, except where immediate changes are necessary for security, legal compliance, or urgent infrastructure requirements.

10.7 Upstream Dependencies

Where the Services depend on Infrastructure Providers, Hyperstrate may modify routing arrangements, technical configurations, or supported methods where reasonably necessary to maintain operation or comply with binding upstream requirements.

Hyperstrate is not responsible for independently guaranteeing the continued availability of an Infrastructure Provider beyond Hyperstrate’s contractual control.

10.8 Enterprise SLAs

A separate written SLA may establish specific service availability commitments, support levels, incident response procedures, capacity commitments, and applicable service credits.

Unless expressly agreed otherwise, remedies for failure to meet a contractual SLA will be those stated in that SLA, subject to mandatory applicable law.

11. Suspension and Restriction of Services

11.1 Grounds for Suspension

Hyperstrate may suspend, restrict, or disable access where reasonably necessary because:

a. A Customer materially breaches these Terms.

b. There is credible evidence of fraud, unlawful transactions, or prohibited conduct.

c. The Customer’s use creates a significant security or operational risk.

d. Access is prohibited by sanctions, law, or a binding governmental order.

e. A Customer fails to complete required compliance screening.

f. API Credentials have been compromised.

g. Traffic materially threatens Service availability or infrastructure integrity.

h. A relevant Infrastructure Provider requires suspension for legitimate legal, compliance, or security reasons.

i. An undisputed payment remains overdue after applicable notice.

11.2 Notice and Remediation

Hyperstrate will use reasonable efforts to notify Customers of the reasons for suspension and provide an opportunity to remedy the issue when circumstances permit.

Immediate suspension may occur where delay would create a material legal, security, compliance, or operational risk.

11.3 Scope of Suspension

Where commercially and technically feasible, Hyperstrate may restrict only the affected API Credentials, accounts, transactions, or Downstream Users rather than the entire Customer organization.

11.4 Restoration

Hyperstrate may restore suspended access after the circumstances causing the suspension have been adequately resolved.

Restoration may be subject to reasonable verification and security requirements.

12. Intellectual Property

12.1 Hyperstrate Technology

Hyperstrate and its licensors retain all ownership and intellectual property rights in the Services, software, APIs, Documentation, trademarks, interfaces, systems, and underlying technology.

12.2 Limited License

Subject to these Terms, Hyperstrate grants Customers a limited, non-exclusive, revocable, non-transferable right to access and use the Services during their authorized subscription or account period.

This right does not include resale or sublicensing except where expressly authorized in writing.

12.3 Restrictions

Customers must not reverse engineer, decompile, reproduce, or attempt to derive non-public source code or proprietary technical architecture except to the extent permitted by mandatory law.

12.4 Feedback

Customers may voluntarily provide suggestions or feedback about the Services.

Customers grant Hyperstrate a perpetual, worldwide, royalty-free right to use non-confidential feedback for product development and improvement, without transferring ownership of unrelated Customer intellectual property or confidential information.

13. Warranties and Disclaimers

13.1 Customer Warranties

The Customer represents and warrants that:

• It has the authority to accept these Terms.
• It possesses the rights and authorizations necessary to submit relevant transactions and data.
• Its use of the Services complies with applicable law.
• It will not knowingly submit fraudulent, unlawful, or unauthorized transactions.
• It will comply with applicable security and compliance obligations.

13.2 Service Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

HYPERSTRATE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW.

13.3 Transaction Outcomes

Hyperstrate makes no guarantee concerning:

• Transaction inclusion, execution, ordering, or finality.
• The complete prevention of MEV or transaction manipulation.
• Specific trading or financial results.
• Blockchain or validator performance.
• The uninterrupted operation of third-party infrastructure.
• The absence of network congestion, transaction failures, or smart contract defects.

13.4 Customer Risk

Customers acknowledge the risks associated with blockchain networks, including digital asset price volatility, smart contract vulnerabilities, transaction irreversibility, network congestion, and variable gas costs.

Customers remain responsible for independently evaluating those risks.

14. Limitation of Liability

14.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HYPERSTRATE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SERVICE PROVIDERS SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE SERVICES.

THIS INCLUDES LOST PROFITS, LOST TRADING OPPORTUNITIES, LOST REVENUE, BUSINESS INTERRUPTION, LOST GOODWILL, OR INDIRECT ECONOMIC LOSSES, WHETHER ARISING UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

14.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERSTRATE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL SERVICE FEES ACTUALLY PAID BY THE CUSTOMER TO HYPERSTRATE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.3 Network and Infrastructure Failures

To the extent permitted by law, Hyperstrate is not responsible for losses solely attributable to independent blockchain Network operations, validator decisions, third-party infrastructure failures, or other events outside its reasonable control.

This provision does not exclude liability for Hyperstrate’s own conduct where such liability cannot lawfully be excluded.

14.4 Mandatory Exceptions

Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, or other matters that cannot be excluded or limited under applicable law.

15. Customer Indemnification

15.1 Indemnification Obligation

To the extent permitted by applicable law, business Customers agree to defend, indemnify, and hold harmless Hyperstrate, its affiliates, officers, directors, employees, and agents against third-party claims and related damages, liabilities, and reasonable legal expenses arising from:

a. The Customer’s material breach of these Terms.

b. The Customer’s violation of applicable law.

c. Fraudulent, unlawful, or deliberately abusive use of the Services.

d. The Customer’s unauthorized submission of transactions or data.

e. Claims arising from the Customer’s own products, integrations, or contractual obligations to Downstream Users.

f. The Customer’s gross negligence, willful misconduct, or infringement of third-party rights.

g. Regulatory proceedings, penalties, or claims directly attributable to the Customer’s unlawful activities, to the extent legally indemnifiable.

15.2 Downstream Users

Authorized resellers and integrating Customers must take reasonable steps to ensure their Downstream Users comply with applicable restrictions.

Customers are responsible for third-party claims arising from violations of these Terms or applicable law by Downstream Users where such violations are attributable to the Customer or fall within the Customer’s contractual responsibility.

15.3 Indemnification Procedure

Hyperstrate will provide reasonable notice of an indemnifiable claim, subject to legal restrictions.

The Customer may control the defense with competent counsel, provided that no settlement imposes an obligation or admission of fault on Hyperstrate without its written consent, not to be unreasonably withheld.

Hyperstrate will reasonably cooperate with the defense at the Customer’s expense.

15.4 Exclusions

Customer indemnification obligations do not apply to the extent a claim or loss results from Hyperstrate’s own fraud, willful misconduct, or other conduct for which liability cannot legally be excluded.

16. Confidentiality

16.1 Confidential Information

Confidential Information includes non-public information disclosed by either party that is identified as confidential or should reasonably be understood to be confidential.

This may include API Credentials, non-public transaction information, proprietary technical specifications, business arrangements, and confidential commercial terms.

16.2 Confidentiality Obligations

Each party must protect the other’s Confidential Information using reasonable care and must not use or disclose it except as necessary to perform its obligations, exercise its contractual rights, or comply with law.

Confidential Information may be disclosed to employees, contractors, advisers, affiliates, and service providers with a legitimate need to know and appropriate confidentiality obligations.

16.3 Exclusions

Confidentiality restrictions do not apply to information that:

• Becomes publicly available without breach of these Terms.
• Was lawfully known before disclosure.
• Is independently developed without misuse of confidential information.
• Is lawfully obtained from an authorized third party.

16.4 Required Disclosures

A party may disclose Confidential Information to the extent required by applicable law or lawful governmental process.

Where legally permitted, the disclosing party will provide reasonable advance notice.

16.5 Survival

Confidentiality obligations survive termination for two years, except for trade secrets, which remain protected for as long as they qualify for protection under applicable law.

17. Term and Termination

17.1 Duration

These Terms apply for as long as a Customer accesses or uses the Services or maintains an active account.

17.2 Customer Termination

Customers may stop using the Services or request closure of their account at any time, subject to any separately agreed enterprise commitments.

Accrued fees and other valid payment obligations remain payable.

17.3 Termination by Hyperstrate

Hyperstrate may terminate access for material breach, unlawful use, serious security incidents, sanctions restrictions, or other substantial grounds described in these Terms.

Where reasonably practicable, Hyperstrate will provide notice and an opportunity to remedy non-urgent breaches.

For discontinuation of a paid Service without Customer fault, Hyperstrate will endeavor to provide at least 30 days’ notice, except where immediate discontinuation is legally required or necessary because of security or upstream infrastructure circumstances.

17.4 Consequences of Termination

Upon termination:

• The Customer’s access rights cease.
• Hyperstrate may deactivate associated API Credentials.
• The Customer must cease using restricted endpoints.
• Valid outstanding fees remain payable.
• Data retention and deletion are governed by applicable law and the Privacy Policy.

17.5 Refunds and Credits

Refunds, unused balances, and promotional credits are governed by the applicable payment plan, purchase terms, and mandatory law.

Hyperstrate may withhold refunds where legally permitted for amounts validly owed or losses resulting from fraudulent activity, subject to applicable law.

17.6 Survival

Provisions that by their nature should survive termination will remain effective, including accrued payment obligations, intellectual property rights, confidentiality, disclaimers, applicable liability limitations, indemnification, and dispute resolution.

18. Changes to These Terms

Hyperstrate may update these Terms to reflect changes to its Services, technical operations, Infrastructure Provider requirements, applicable laws, security requirements, or commercial arrangements.

The updated Terms will be published at:

https://hyperstrate.xyz/terms/

Hyperstrate will identify the updated effective date and provide reasonable notice of material changes where required by law or reasonably practicable.

Changes will not retroactively increase the fee assigned to a transaction previously accepted under an applicable price-locking arrangement.

Where applicable law requires consent to a material change, Hyperstrate will obtain that consent.

Continued use after the valid effective date of updated Terms constitutes acceptance to the extent permitted by law.

19. Governing Law and Disputes

19.1 Governing Law

These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict-of-laws principles, except where mandatory consumer protection or other applicable laws require otherwise.

19.2 Dispute Resolution

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve contractual disputes by written notice and reasonable discussions for at least 30 days, unless urgent judicial relief is required.

Subject to mandatory applicable law, disputes not resolved through those discussions shall be brought before the competent state or federal courts located in Arizona, United States.

19.3 Mandatory Rights

Nothing in this section restricts a Customer’s mandatory rights to bring proceedings in another jurisdiction where applicable law prohibits such a restriction.

20. General Provisions

20.1 Independent Contractors

The Customer and Hyperstrate are independent contracting parties.

These Terms do not create a partnership, joint venture, employment relationship, fiduciary relationship, or agency relationship.

20.2 Force Majeure

Neither party shall be liable for failure or delay in performing non-payment obligations caused by events beyond its reasonable control, including natural disasters, war, civil disorder, government restrictions, major telecommunications failures, or blockchain Network disruptions.

The affected party must use reasonable efforts to reduce the impact of the event.

20.3 Assignment

Customers may not assign these Terms without Hyperstrate’s prior written consent, not to be unreasonably withheld where applicable.

Hyperstrate may assign these Terms in connection with a legitimate corporate restructuring, merger, acquisition, or sale of substantially all relevant business assets, subject to applicable law.

20.4 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law.

20.5 No Waiver

A failure to enforce a provision does not constitute a waiver of the right to enforce it later.

20.6 Entire Agreement

These Terms, the Privacy Policy where incorporated by reference, applicable Documentation where expressly made binding, and any relevant signed Order Form or enterprise agreement constitute the agreement governing the Services.

A signed commercial agreement prevails over these Terms to the extent of an express conflict.

20.7 No Third-Party Beneficiaries

Except where expressly stated or required by law, these Terms do not confer contractual rights on persons other than the parties.

20.8 Electronic Acceptance

Customers agree that electronic acceptance through account registration, API activation, or another valid electronic acceptance mechanism may constitute legally binding acceptance of these Terms.

21. Contact Information

Hyperstrate

Website: https://hyperstrate.xyz

Email: office@hyperstrate.xyz

Legal, compliance, billing, security, and abuse-related inquiries may be directed to the above email address unless Hyperstrate designates a separate contact.