Legal

Terms of Service

Effective Date: February 21, 2026
Last Updated: February 21, 2026
Terms Version: 2.0

Effective Date: February 21, 2026 Last Updated: February 21, 2026 Developer: Hyperdrive One LLC Product: Hyperdrive (macOS email client and related services) Terms Version: 2.0

These Terms of Service ("Terms") form a legally binding agreement between Hyperdrive One LLC ("Hyperdrive," "we," "us," or "our") and you or the entity you represent ("you" or "your"). These Terms govern your access to and use of Hyperdrive, including the macOS desktop application, associated server-side APIs, web-based scheduling pages, and all related services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

IMPORTANT NOTICES:

AUTO-RENEWAL: IF YOU SUBSCRIBE TO A PAID SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION PERIOD AT HYPERDRIVE' THEN-CURRENT FEES UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE CURRENT BILLING CYCLE IN ACCORDANCE WITH SECTION 9.8.

ARBITRATION AND CLASS ACTION WAIVER: SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND HYPERDRIVE WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, EXCEPT AS DESCRIBED IN SECTION 14. YOU HAVE A 30-DAY RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT (SEE SECTION 14.7).

EEA USERS: IF YOU ARE A USER IN THE EUROPEAN ECONOMIC AREA ("EEA"), THE UNITED KINGDOM, OR ANY JURISDICTION THAT DOES NOT PERMIT MANDATORY ARBITRATION OF CONSUMER DISPUTES, SECTIONS 14.1 THROUGH 14.8 DO NOT APPLY TO YOU. SEE SECTION 14.9.

By downloading, installing, accessing, or using Hyperdrive, or by clicking "I agree" or any similar affirmation, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

Acceptance and Modifications
Eligibility and Authority
Account Creation and Management
License Grant and Restrictions
User Content and Licenses
API Authorization and Connected Services
Automation and Server-Mediated Actions
AI Features
Fees, Billing, Subscriptions, and Trials
Email Tracking
Scheduling Features and Guest Data
Third-Party Services and Integrations
Beta Features and Early Access
Arbitration and Dispute Resolution
Acceptable Use Policy
Intellectual Property
Privacy and Data Processing
Data Security and Risk Allocation
Warranty Disclaimers
Limitation of Liability
Indemnification
Suspension and Termination
Changes to the Service or Terms
Miscellaneous Legal Terms
Contact Information

1. Acceptance and Modifications

1.1 Acceptance

These Terms become effective from the earlier of: (a) the date you install Hyperdrive, (b) the date you create a Hyperdrive account or activate a license, (c) the date you first access or use any part of the Service, or (d) the date you click "I agree" or otherwise indicate acceptance. By taking any of these actions, you represent that you have read, understood, and agree to be bound by these Terms.

1.2 Modifications

We may modify these Terms from time to time at our discretion. If we make changes, we will notify you at least thirty (30) days before the changes take effect by email to the address associated with your license or account, by in-application notification, or by posting the updated Terms on our website. We will update the "Last Updated" date at the top of these Terms.

Your continued access to or use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service before the effective date of the changes. Modifications will not apply retroactively to disputes that arose before the effective date of the change, except as described in Section 14.8.

2. Eligibility and Authority

You represent and warrant that:

(a) You are at least the age of majority in your jurisdiction (and in no event younger than 16 years old, or 13 years old if you reside in the United States, subject to applicable law).

(b) You have the legal capacity to enter into a binding contract.

(c) You have the authority to connect and grant API access to any email account, calendar account, or Slack workspace you link to Hyperdrive. If you are connecting an account owned or administered by an organization, you have that organization's authorization to do so.

(d) If you are using Hyperdrive on behalf of a company, organization, or other legal entity ("Entity"), you have full legal authority to bind that Entity to these Terms, and all references to "you" and "your" in these Terms refer to that Entity.

(e) You are not barred from using the Service under the laws of the United States, your country of residence, or any other applicable jurisdiction.

(f) You are not listed on any United States government list of prohibited or restricted parties and are not located in (or a national of) a country subject to a United States government embargo or designated as a "terrorist-supporting" country.

You are solely responsible for ensuring that your use of Hyperdrive complies with all applicable workplace policies, confidentiality obligations, professional conduct standards, and laws and regulations.

3. Account Creation and Management

3.1 Account Credentials

To use Hyperdrive, you must connect at least one email account via OAuth authorization and activate a license. Your connected email address and license key serve as your account credentials. You are responsible for maintaining the confidentiality of your license key and for all activities that occur under your account. You must notify Hyperdrive promptly of any actual or suspected unauthorized use of your license key or account.

3.2 Account Deletion

If you wish to stop using the Service and remove your local data, you may uninstall Hyperdrive and delete the application data directories at ~/Library/Application Support/Hyperdrive/ and ~/Library/Caches/Hyperdrive/. Disconnecting accounts within the application will remove associated OAuth tokens from the macOS Keychain.

For deletion of server-side data (including licensing records, tracking data, AI usage logs, scheduling data, and contact enrichment data), you must contact Hyperdrive at the address in Section 25. See our Privacy Policy for details on data deletion and your rights.

3.3 Organization Accounts

If you connect an email account provided by your employer or organization, you acknowledge that the organization may have policies governing the use of third-party email clients. You are responsible for ensuring your use of Hyperdrive complies with your organization's policies. Hyperdrive is not responsible for conflicts between these Terms and your organization's policies.

4. License Grant and Restrictions

4.1 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, Hyperdrive grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the Hyperdrive macOS application on each device authorized under your license, solely for your personal or internal business purposes.

You acknowledge that the Service is provided to you on a subscription basis; the Service is licensed, not sold. Hyperdrive retains all right, title, and interest in and to the Service and all copies thereof.

4.2 Device Activation

Licenses are activated on a per-device basis using a persistent hardware identifier derived from your Mac's platform UUID (via macOS IOKit). Each license is subject to a maximum number of simultaneous device activations, as determined by the applicable subscription plan. You may deactivate a device to free an activation slot.

4.3 Restrictions

You agree that you will not, and will not encourage, assist, or authorize any third party to:

(a) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms of the Service, except to the extent that such restriction is expressly prohibited by applicable law.

(b) Copy, modify, adapt, translate, or create derivative works based on the Service.

(c) Circumvent, disable, or interfere with license enforcement mechanisms, device activation limits, rate limits, or other technical restrictions.

(d) Sell, resell, sublicense, lease, lend, rent, distribute, or otherwise make the Service available to any third party.

(e) Use the Service to build, train, or improve a product or service that competes with Hyperdrive or any Hyperdrive offering.

(f) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Service.

(g) Interfere with or disrupt the integrity or performance of the Service, servers, APIs, or network infrastructure.

(h) Access the Service through any automated means (bots, scrapers, crawlers) other than through the official Hyperdrive application.

(i) Submit any data to the Service that is controlled under the United States International Traffic in Arms Regulations or any equivalent export control regulation.

All rights not expressly granted in these Terms are reserved by Hyperdrive.

4.4 Reservation of Rights

The visual interfaces, graphics, design, information, computer code (including source code and object code), documentation, and all other elements of the Service ("Materials") are protected by applicable intellectual property and proprietary rights laws. All Materials are the property of Hyperdrive or its licensors, and Hyperdrive reserves all rights in the Materials.

5. User Content and Licenses

5.1 Ownership of User Content

You retain all right, title, and interest in and to any email content, Slack messages, calendar data, drafts, scheduled messages, attachments, signatures, text snippets, and other communications or data you create, upload, or process through the Service ("User Content"). Hyperdrive does not claim ownership of your User Content.

5.2 License to User Content

To provide the Service to you, you grant Hyperdrive a worldwide, non-exclusive, royalty-free, fully paid-up license to use, store, reproduce, process, modify, and create derivative works from your User Content, solely for the following limited purposes:

(a) Operating and providing the Service: Including syncing, caching, indexing, rendering, searching, sending, and organizing your email and other content.

(b) AI features: Transmitting portions of your User Content to AI providers (as described in Section 8) to generate summaries, draft replies, rewrites, classifications, calendar event extractions, and other AI-assisted outputs.

(c) Email tracking: Injecting tracking pixels and wrapping links in outbound emails when tracking features are used (as described in Section 10).

(d) Scheduling: Creating calendar events and processing booking data on your behalf.

(e) Service improvement and security: Analyzing usage patterns to prevent abuse, enforce rate limits, meter AI usage, troubleshoot issues, and improve service reliability. Hyperdrive does not use the content of your emails or messages for advertising, marketing, or training AI models.

(f) Compliance and legal obligations: Processing as required to comply with applicable law or respond to lawful requests.

This license continues for so long as your User Content is stored by or processed through the Service. When you delete your User Content or terminate your account, Hyperdrive will cease use of your User Content, subject to reasonable backup and deletion timelines and any retention required by law.

5.3 Feedback and Usage Data

If you provide Hyperdrive with suggestions, enhancement requests, bug reports, recommendations, or other feedback regarding the Service ("Feedback"), you grant Hyperdrive an unrestricted, perpetual, irrevocable, royalty-free license to use, incorporate, and exploit such Feedback without obligation to you.

Hyperdrive may collect and analyze data relating to your access to and use of the Service ("Usage Data"), including AI usage metering data (feature identifiers, model names, token counts, estimated costs), licensing event data, and operational metrics. Usage Data does not include the content of your emails or messages.

6. API Authorization and Connected Services

6.1 Authorization Grant

By connecting third-party accounts (such as Google Gmail, Google Calendar, or Slack) to Hyperdrive, you expressly authorize Hyperdrive to exercise the following capabilities using the API permissions you grant:

(a) Gmail: Read, search, retrieve, compose, draft, send, forward, and reply to emails. Modify email state including archive, trash, star, read/unread, label, and spam actions. Modify Gmail settings. Create Gmail filters (such as blocked sender rules).

(b) Google Calendar: Read, create, update, and delete calendar events. Query free/busy availability. RSVP to event invitations.

(c) Slack: Read message history across public channels, private channels, direct messages, and group direct messages. Send messages and reactions. Access user profile information and email addresses. All subject to the scopes you grant during Slack authorization.

6.2 Acknowledgment of Programmatic Actions

You acknowledge that actions performed by Hyperdrive through third-party APIs are programmatic and automated. Such actions may result in unintended state changes due to, without limitation:

Software defects or bugs.
Misconfiguration of settings, rules, or schedules.
Third-party API behavior changes, deprecations, or outages.
Revoked, expired, or corrupted OAuth tokens.
Network interruptions or timeout conditions.
Race conditions between local and remote state.

Hyperdrive uses reasonable care in implementing API interactions but cannot guarantee that every API action will execute as intended under all conditions.

6.3 Token Revocation

You may revoke Hyperdrive's access to connected services at any time by removing the app's authorization through the third-party service's account settings (e.g., Google Account permissions page, Slack app management). Revoking tokens will immediately prevent Hyperdrive from accessing that service, and may cause features that depend on that service to become unavailable.

6.4 Google API Compliance

Hyperdrive's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. Specifically:

(a) Hyperdrive accesses Google user data only to provide and improve user-facing features as described in these Terms and our Privacy Policy.

(b) Hyperdrive does not transfer Google user data to third parties except as necessary to provide or improve the Service, to comply with applicable law, or as part of a merger, acquisition, or asset sale (with prior notice).

(d) Hyperdrive does not allow humans to read Google user data except with your affirmative consent (e.g., you sharing content with support), for security purposes, to comply with applicable law, or where the data is aggregated and anonymized for internal operations.

7. Automation and Server-Mediated Actions

7.1 Automated Features

Hyperdrive includes features that may execute actions on your behalf without real-time user interaction, including:

(a) Scheduled email sending: Emails you compose and schedule for later delivery are sent at the scheduled time, even if the Hyperdrive application is not running.

(b) Snooze restoration: When a snoozed email's return date arrives, Hyperdrive restores the INBOX label and associated labels to make the email reappear in your inbox.

(c) Reminder evaluation and notification: Hyperdrive monitors threads for reminder conditions and delivers macOS notifications when conditions are met.

(d) Server-side execution: Hyperdrive executes scheduled sends, snooze restorations, and reminder delivery via server-side infrastructure, requiring server-side storage of encrypted Gmail OAuth tokens and full email content for scheduled messages. Scheduled message content is deleted after successful delivery. See Section 7.3.

7.2 Express Authorization for Automated Actions

By using automation features, you expressly authorize Hyperdrive to:

(a) Store your OAuth refresh tokens (encrypted at rest) where required for server-mediated actions.

(b) Act on your behalf to send emails, modify Gmail labels, and perform other Gmail API actions at scheduled times or upon triggering conditions, without requiring your real-time confirmation.

(c) Store the full content (MIME body) of scheduled emails on Hyperdrive servers until successful delivery, after which the content is deleted.

(d) Deliver push notifications to registered devices when snoozes, reminders, or other time-triggered events fire.

7.3 Risks of Automation

You acknowledge and accept the inherent risks of automated and server-mediated email actions, including without limitation:

(a) Duplicate sends: An email may be sent more than once due to retry logic, network failures, or race conditions.

(b) Incorrect timing: Scheduled sends or snooze restorations may execute at incorrect times due to timezone calculation errors, clock drift, server scheduling delays, or cron execution failures.

(c) Token failures: Expired, revoked, or corrupted OAuth tokens may prevent scheduled actions from executing, or may cause partial execution.

(d) API changes or outages: Changes to Gmail API behavior, Google account suspensions, or service outages may prevent scheduled actions from completing.

(e) Content delivery failures: Scheduled emails may fail to deliver due to recipient-side spam filtering, bounce conditions, or Gmail API errors.

(f) Unintended label changes: Snooze restoration may re-apply labels to emails in unexpected ways if the email's state has been modified through other means between snooze creation and restoration.

(g) Server-side credential storage risks: If server-side features are enabled, a breach of server infrastructure could expose encrypted OAuth tokens. While tokens are encrypted at rest, the server has decryption capability at runtime.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERDRIVE DISCLAIMS LIABILITY FOR UNINTENDED, INCORRECT, OR FAILED AUTOMATED ACTIONS, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM EMAILS SENT TO WRONG RECIPIENTS, EMAILS SENT AT WRONG TIMES, EMAILS THAT FAIL TO SEND, OR UNINTENDED MODIFICATIONS TO EMAIL STATE.

8. AI Features

8.1 AI-Powered Functionality

Hyperdrive includes AI-powered features that transmit portions of your User Content to third-party AI providers (currently OpenAI) via a Hyperdrive server proxy for processing. These features include, without limitation: draft reply generation, thread summarization, Slack channel summarization, calendar event extraction, email rewriting and tone adjustment, natural language search translation, sender domain classification, and cold pitch detection.

By using any AI feature, you consent to the transmission of relevant portions of your User Content (which may include email bodies, subject lines, sender names, recipient addresses, Slack messages, and your prompt text) to Hyperdrive servers and subsequently to OpenAI or such other AI provider as Hyperdrive may use. You acknowledge that your User Content transmitted to AI providers may include personal information of third parties (such as people who have emailed you) who have not consented to such transmission.

8.3 AI Output Disclaimers

You acknowledge and agree that:

(a) AI-generated outputs ("Outputs") may be inaccurate, incomplete, misleading, biased, or inappropriate.

(b) Outputs are provided "as is" and "with all faults." Hyperdrive makes no representation or warranty regarding the factual accuracy, completeness, quality, or suitability of any Output for any particular purpose.

(c) You are solely responsible for reviewing, verifying, and editing all Outputs before sending, relying on, or acting upon them. You must not use Outputs as a sole source of factual information.

(d) Outputs may not comply with applicable laws and regulations. Laws governing generative AI are rapidly evolving. You are solely responsible for ensuring that your use of Outputs complies with all applicable laws.

(e) Other users of the Service may, through no fault of Hyperdrive, provide similar inputs and receive the same or similar Outputs. Hyperdrive does not guarantee the uniqueness or exclusivity of any Output.

(f) Due to the probabilistic nature of large language models, the same input may produce different outputs on different occasions.

8.4 AI Usage Limits and Metering

AI feature usage may be subject to rate limits, token limits, or usage caps depending on your subscription plan. Hyperdrive meters AI usage (recording feature identifier, model name, token counts, and estimated cost per request) for cost management and service planning. AI usage metering does not record the content of your prompts or AI responses.

8.5 Custom AI Endpoints

If you configure a Custom AI tier by providing your own API key and optional custom endpoint URL, you acknowledge and agree that:

(a) Data transmitted to your custom endpoint is not processed by or through Hyperdrive servers (bypassing the proxy).

(b) Hyperdrive has no control over, responsibility for, or liability arising from the privacy practices, security posture, data handling, or terms of service of your custom endpoint.

(c) You are solely responsible for evaluating the suitability, security, and compliance of any custom endpoint you configure.

(d) Hyperdrive does not meter, log, or monitor AI requests made through custom endpoints.

8.6 AI Usage Restrictions

You agree not to use AI features to:

(a) Generate content that infringes, violates, or misappropriates any third party's intellectual property or other rights.

(b) Generate unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content.

(d) Circumvent AI usage limits or rate limits through automated scripting or other means.

9. Fees, Billing, Subscriptions, and Trials

9.1 Subscription Plans

Hyperdrive offers the Service under paid subscription plans. Features, pricing, and device limits are determined by the applicable subscription plan as published by Hyperdrive.

9.2 Trials

Hyperdrive may offer a free trial period (currently 7 days). Trials are limited to one per email address. Hyperdrive reserves the right to deny, revoke, or modify trials at its sole discretion if abuse is detected, including but not limited to use of multiple email addresses by the same individual to obtain multiple trials.

At the end of a trial period, if you have not purchased a paid subscription, your access to the Service will be restricted. Hyperdrive may display a paywall overlay requiring subscription purchase to continue using the Service.

9.3 Billing and Payment

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected) through Stripe, our third-party payment processor. By providing a payment method to Stripe, you:

(a) Represent and warrant that you are authorized to use the payment method.

(b) Authorize Hyperdrive and Stripe to charge the payment method for all fees associated with your subscription plan on each billing cycle.

Hyperdrive does not receive or store your full payment card details. Payment card information is collected and processed entirely by Stripe in compliance with PCI DSS requirements.

9.4 Auto-Renewal

YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing cycle for successive periods of the same duration (monthly or annually) at Hyperdrive' then-current fees, unless you cancel your subscription before the end of the current billing cycle. You acknowledge and agree to this automatic renewal.

9.5 Taxes

All fees for paid subscriptions are exclusive of applicable taxes, duties, levies, or similar governmental assessments of any nature, including value-added tax, sales tax, use tax, or withholding tax (collectively, "Taxes"). You are responsible for paying all Taxes associated with your subscription, except for taxes based on Hyperdrive' net income. If any payment is subject to withholding tax, you will reimburse Hyperdrive for the withholding amount.

9.6 Fee Changes

Hyperdrive may change subscription fees at its discretion. Fee changes will not take effect until your next billing cycle. Hyperdrive will provide you with at least thirty (30) days' advance notice of any fee increase by email or in-application notification. If you do not agree with a fee change, you may cancel your subscription before the new fees take effect.

9.7 Refunds

To the fullest extent permitted by applicable law, all payments are non-refundable and payment obligations are non-cancelable. Hyperdrive does not provide refunds or credits for partially used subscription periods, unused features, or unused capacity. This does not affect any statutory rights to a refund that may apply in your jurisdiction.

9.8 Subscription Cancellation

You may cancel your paid subscription at any time by contacting Hyperdrive at the address in Section 25 or through any in-application cancellation mechanism we may provide. Upon cancellation:

(a) You will continue to have access to the paid features through the end of your current billing cycle.

(b) At the end of the current billing cycle, your license will not renew and access to paid features will be restricted.

Cancellation does not entitle you to a refund for the current billing cycle (except where required by applicable law). We acknowledge that some jurisdictions have mandatory local laws regarding cancellation rights, and this section does not override those laws.

9.9 Overdue Fees

If any fees owed by you are overdue by fifteen (15) days or more, Hyperdrive may, after providing notice:

(a) Suspend your access to the Service until overdue amounts are paid in full.

(b) Revoke your license activation.

Suspension for non-payment does not relieve you of the obligation to pay all amounts owed.

9.10 Chargebacks

If you initiate a chargeback or payment dispute with your bank or payment provider for charges that were properly authorized under these Terms, Hyperdrive may immediately suspend or revoke your license pending resolution of the dispute. Repeated or fraudulent chargebacks may result in permanent termination of your account.

10. Email Tracking

10.1 Tracking Functionality

Hyperdrive may inject a tracking pixel (a 1x1 transparent image) and wrap outbound hyperlinks in emails you send to detect when recipients open emails and click links. When tracking is active:

(a) A unique tracking pixel URL is embedded in the email HTML body.

(b) All hyperlinks in the email are rewritten to route through a Hyperdrive redirect endpoint.

(c) When a recipient opens the email, the pixel load event is recorded with the recipient's IP address, user-agent string, and timestamp.

(d) When a recipient clicks a tracked link, the click event is recorded with the recipient's IP address, user-agent string, destination URL, and timestamp.

10.2 Your Acknowledgments

You acknowledge that:

(a) Email tracking collects personal information about email recipients, including IP addresses, user-agent strings, and behavioral data (open and click timestamps).

(b) Recipients are not automatically notified by Hyperdrive that tracking is present.

(c) There is currently no user-facing toggle in Hyperdrive to disable tracking. When tracking is available for your account, it is applied to outbound emails.

(d) Tracking data is stored on Hyperdrive servers without a currently defined retention period.

(e) Tracking laws and regulations vary significantly by jurisdiction.

10.3 Your Representations and Warranties

You represent and warrant that:

(a) You have a lawful basis to use email tracking features in your jurisdiction and the jurisdiction of each recipient.

(b) You will provide all notices and obtain all consents required by applicable law before using tracking features.

(d) You will comply with all applicable privacy laws, including without limitation the GDPR, ePrivacy Directive, CCPA, CAN-SPAM Act, and CASL, as they may apply to your use of tracking.

10.4 Tracking Indemnification

You agree to indemnify, defend, and hold harmless Hyperdrive from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of email tracking features, including claims brought by email recipients alleging unauthorized tracking or monitoring.

11. Scheduling Features and Guest Data

11.1 Scheduling Links and Bookings

Hyperdrive allows you to create scheduling links that third parties ("Guests") can use to book meetings with you. When a Guest books a meeting through your scheduling link, the Guest provides personal information (name and email address) that is stored on Hyperdrive servers and used to create a calendar event in your Google Calendar.

11.2 Your Responsibilities for Guest Data

You are responsible for:

(a) Ensuring that your scheduling links are appropriately shared and not used for unauthorized data collection.

(b) Providing any privacy notices required by applicable law to Guests who use your scheduling links. Hyperdrive provides a scheduling page but does not display a separate privacy notice to Guests on your behalf.

(c) Complying with applicable data protection laws regarding the personal information of Guests collected through your scheduling links.

11.3 Hyperdrive' Role

Hyperdrive processes Guest data (name, email, booking time) as a data processor acting on your instructions, solely to provide the scheduling functionality. Hyperdrive does not use Guest data for its own marketing or commercial purposes.

12. Third-Party Services and Integrations

12.1 Third-Party Dependencies

The Service depends on external third-party services, including without limitation: Google (Gmail API, Calendar API, OAuth), Slack, OpenAI, Stripe, Gravatar (Automattic), Unsplash, Cloudflare, and Apple. Each third-party service is governed by its own terms of service and privacy policy, which are independent of these Terms.

12.2 No Responsibility for Third Parties

Hyperdrive is not responsible for:

(a) Changes to third-party APIs, service terms, privacy policies, or pricing.

(b) Outages, downtime, or service degradation of third-party services.

(d) Data handling practices of third-party services.

(e) Losses arising from third-party service failures, including failed email delivery, failed calendar synchronization, or unavailability of AI features.

12.3 Service Degradation

If a required third-party service (such as Gmail API or the Hyperdrive licensing server) becomes unavailable, Hyperdrive functionality may be reduced, limited, or entirely disabled. Hyperdrive is not liable for service degradation caused by third-party service unavailability.

12.4 Stripe

Payment processing is provided by Stripe, Inc. By purchasing a subscription, you agree to Stripe's applicable terms and authorize Hyperdrive and Stripe to share information necessary to process your payment. Hyperdrive is not responsible for payment processing errors, card declines, fraud prevention actions, or fees imposed by Stripe or your card issuer.

13. Beta Features and Early Access

13.1 Beta Availability

Hyperdrive may from time to time provide access to features, services, or functionality that are designated as "alpha," "beta," "early access," "experimental," "preview," or similar ("Beta Features"). Beta Features are provided at Hyperdrive' sole discretion and may be subject to additional terms.

13.2 Beta Disclaimers

You acknowledge and agree that:

(a) Beta Features may not be complete, fully tested, or reliable. They may contain bugs, errors, or defects that could cause data loss, service interruptions, or other harm.

(b) Beta Features may be modified, suspended, or discontinued at any time without notice.

(c) Hyperdrive is under no obligation to provide support, maintenance, updates, or bug fixes for Beta Features, or to make Beta Features generally available.

(d) Any data you input into or store within Beta Features may be lost if the Beta Feature is discontinued.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, HYPERDRIVE SHALL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA FEATURES. YOUR USE OF BETA FEATURES IS ENTIRELY AT YOUR OWN RISK.

14. Arbitration and Dispute Resolution

IF YOU ARE UPSET WITH US, PLEASE CONTACT US FIRST AT THE ADDRESS IN SECTION 25. WE WILL WORK IN GOOD FAITH TO RESOLVE YOUR ISSUE.

14.1 Agreement to Arbitrate

You and Hyperdrive agree to resolve all disputes, claims, and controversies arising out of or relating to these Terms, the Service, or your use of the Service (each, a "Dispute") through binding individual arbitration, rather than in court, except that either party may: (a) bring qualifying individual claims in small claims court, provided they remain in small claims court; and (b) seek injunctive or equitable relief in court for infringement or misuse of intellectual property rights.

BY AGREEING TO ARBITRATION, YOU AND HYPERDRIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

14.2 Informal Resolution First

Before initiating arbitration, the complaining party must first send a written notice of dispute ("Notice of Dispute") to the other party. Your Notice of Dispute must be sent to Hyperdrive at the contact address in Section 25 and must include: (a) your name and email address associated with your account, (b) your license key (if applicable), and (c) a description of the Dispute and the relief sought.

After a complete Notice of Dispute is received, the parties will attempt to resolve the Dispute informally for at least sixty (60) days. During this informal resolution period, any applicable statute of limitations or deadline for filing will be tolled. An arbitration demand may not be filed until the informal resolution period has expired.

14.3 Arbitration Rules and Forum

If the Dispute is not resolved informally, it will be resolved by binding arbitration administered by a nationally recognized arbitration organization under its then-current rules for consumer disputes. The arbitration will be conducted in English by a single arbitrator. Unless the parties agree otherwise or the arbitrator orders otherwise:

(a) If the amount in dispute is less than $25,000, the arbitration will be conducted on a documents-only basis (no hearing).

(b) If the amount in dispute is $25,000 or more, the arbitration will be conducted by videoconference.

(c) If an in-person hearing is required, it will be held in the county of your residence (for US residents) or in the county of Hyperdrive' principal place of business (for non-US residents).

The arbitrator will apply the governing law specified in Section 14.9 and may award any relief that a court of competent jurisdiction could award, including injunctive relief, declaratory relief, and attorneys' fees. The arbitrator's decision is final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.4 Class Action and Jury Trial Waiver

YOU AND HYPERDRIVE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Neither you nor Hyperdrive may bring claims as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, consolidated, or representative proceeding.

If any part of this class action waiver is found to be unenforceable, the entirety of this arbitration agreement (Sections 14.1 through 14.8) will be null and void with respect to such Dispute, and the Dispute will be resolved in court as provided in Section 14.9.

14.5 Arbitration Fees

Payment of arbitration fees will be governed by the arbitration organization's fee schedule. If you demonstrate that arbitration fees would be prohibitively expensive compared to litigation costs, Hyperdrive will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

14.6 Batch Arbitration

If, within a 90-day period, 25 or more claimants represented by the same or coordinated counsel submit Notices of Dispute or file arbitrations raising substantially similar claims, the disputes must be resolved in batches of up to 50 claimants each. The arbitration organization will appoint a single arbitrator per batch, and each batch will be treated as a single consolidated arbitration with one hearing (if any). The parties will cooperate in good faith to implement batch procedures efficiently.

14.7 Thirty-Day Opt-Out Right

If you are a new user of the Service, you may opt out of this arbitration agreement (Sections 14.1 through 14.8, but not Section 14.9) within thirty (30) days after you first accept these Terms. To opt out, you must send an email to the contact address in Section 25 with: (a) your name, (b) the email address associated with your account, (c) your license key (if applicable), and (d) a clear statement that you wish to opt out of arbitration.

If you validly opt out, neither you nor Hyperdrive will be required to arbitrate Disputes, but all other provisions of these Terms will remain in effect. The opt-out must be sent individually by you; opt-out notices sent by third parties purporting to act on your behalf are not effective.

14.8 Modifications to Arbitration Agreement

Hyperdrive will provide at least thirty (30) days' notice of material changes to this arbitration agreement. You may reject future changes by sending an opt-out email within thirty (30) days of receiving notice. If you reject a change, you will be bound by the most recent version of the arbitration agreement before the rejected change. Otherwise, the modified agreement will apply to all Disputes between you and Hyperdrive, including those arising before the effective date of the change, but excluding claims already pending in arbitration or court.

14.9 Governing Law and Forum

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law principles, and the Federal Arbitration Act (for purposes of this arbitration agreement).

For any claims or Disputes not subject to arbitration (including claims by parties who have validly opted out, claims in small claims court, and intellectual property claims), you and Hyperdrive agree to exclusive jurisdiction and venue in the state or federal courts located in San Francisco County, California. You waive any objection to such jurisdiction or venue on grounds of inconvenient forum. The exception is that you may file in small claims court in the county of your residence.

For residents of the European Economic Area, United Kingdom, or Switzerland: Sections 14.1 through 14.8 do not apply to you. You may bring claims in the courts of your country of residence under the mandatory consumer protection laws of that country. Hyperdrive will only enforce its rights against you in the courts of your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

For residents of Canada: You may bring non-arbitrable claims in the courts and under the laws of either Quebec (if you are an individual or sole proprietor in Quebec) or Ontario.

15. Acceptable Use Policy

15.1 Prohibited Uses

You agree not to use the Service to:

(a) Violate any applicable law, regulation, or third-party right.

(b) Send unsolicited commercial email (spam), fraudulent messages, phishing, or deceptive communications.

(d) Transmit malware, viruses, or other harmful code through or to the Service.

(e) Probe, scan, or test the vulnerability of the Service or any related system or network, or breach any security or authentication measures.

(f) Interfere with or disrupt the Service, servers, or networks connected to the Service.

(g) Bypass, circumvent, or disable rate limits, API quotas, licensing restrictions, or other technical measures.

(h) Impersonate any person or entity, or falsely represent your affiliation with any person or entity.

(i) Use the Service in any manner that could damage, disable, overburden, or impair the Service.

(j) Collect or harvest personal information of other users or third parties through the Service without authorization.

15.2 Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your access to the Service, at Hyperdrive' sole discretion, without prior notice or liability.

16. Intellectual Property

16.1 Hyperdrive Property

The Hyperdrive application software, server-side code, APIs, documentation, user interface design, visual elements, trademarks, trade names, logos, and all associated intellectual property are the exclusive property of Hyperdrive or its licensors. Nothing in these Terms grants you any right, title, or interest in Hyperdrive' intellectual property except for the limited license expressly set forth in Section 4.1.

16.2 Third-Party Content

Unsplash photographs displayed within the Service are subject to the Unsplash License. Gravatar profile data is subject to Automattic's terms. Third-party trademarks referenced in the Service (such as Google, Gmail, Slack, and OpenAI) are the property of their respective owners and are used for identification purposes only.

16.3 Copyright Policy (DMCA)

Hyperdrive respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, you may notify Hyperdrive in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA") by sending a notice containing the following information to the contact address in Section 25:

(a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

(b) Identification of the copyrighted work claimed to have been infringed.

(d) Your contact information (name, address, telephone number, email address).

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES.

In accordance with the DMCA, Hyperdrive has adopted a policy of terminating the accounts of users who are determined to be repeat infringers in appropriate circumstances.

17. Privacy and Data Processing

17.1 Privacy Policy

Hyperdrive' collection, use, storage, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

17.2 Data Processing

If you use the Service on behalf of an Entity that is subject to data protection obligations (such as GDPR), you are responsible for:

(a) Providing any legally required privacy notices to individuals whose personal data is processed through the Service.

(b) Obtaining any legally required consents for Hyperdrive to process personal data through the Service on the Entity's behalf.

17.3 Data Export and Portability

You may export your local data at any time by accessing the Hyperdrive data directories on your Mac. For server-side data export or deletion requests, contact Hyperdrive as described in our Privacy Policy. Hyperdrive will respond to verified requests within the timeframes required by applicable law.

18. Data Security and Risk Allocation

18.1 Security Measures

Hyperdrive implements commercially reasonable technical and organizational security measures to protect the Service and your data, including HTTPS transport encryption, Keychain-based credential storage, server-side encryption of sensitive tokens, cryptographic signature verification of licensing responses, rate limiting, and email HTML sanitization. These measures are described in detail in our Privacy Policy.

18.2 No Guarantee of Absolute Security

HYPERDRIVE DOES NOT WARRANT OR GUARANTEE THE ABSOLUTE SECURITY OF THE SERVICE, YOUR DATA, OR ANY INFORMATION TRANSMITTED THROUGH THE SERVICE. No method of electronic storage or transmission over the internet is completely secure. Hyperdrive is not liable for security breaches beyond its reasonable control.

18.3 Your Security Responsibilities

You are solely responsible for:

(a) Securing your Mac, including maintaining operating system security updates and using appropriate endpoint security (such as FileVault disk encryption).

(b) Protecting your account credentials, license key, and connected service passwords.

(d) Configuring appropriate macOS notification privacy settings to prevent sensitive email content from being displayed on your lock screen.

18.4 Risk Allocation for Connected Accounts

You acknowledge that by connecting email, calendar, and Slack accounts to Hyperdrive, you are granting broad API access permissions to the Service. Hyperdrive is not liable for:

(a) Unauthorized access to your connected accounts caused by compromise of your device, credentials, or network.

(b) Data loss, corruption, or modification caused by third-party API behavior, revoked tokens, or API errors.

(c) Consequences of actions performed by the Service in accordance with your instructions or configuration (including scheduled sends, snooze restorations, filter creation, and label modifications).

19. Warranty Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYPERDRIVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "HYPERDRIVE PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO:

(A) IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(B) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(C) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, DATA, OR INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION EMAIL TRACKING DATA, AI-GENERATED OUTPUTS, CONTACT ENRICHMENT DATA, AND CALENDAR DATA.

(D) WARRANTIES THAT EMAILS WILL ALWAYS BE SENT SUCCESSFULLY, THAT SCHEDULED ACTIONS WILL EXECUTE CORRECTLY, THAT SNOOZE RESTORATIONS WILL OCCUR AT THE CORRECT TIME, OR THAT ANY PARTICULAR THIRD-PARTY API WILL REMAIN STABLE OR AVAILABLE.

(E) WARRANTIES REGARDING THE ACCURACY OF READ RECEIPTS, OPEN DETECTION, OR CLICK TRACKING, WHICH MAY BE AFFECTED BY IMAGE BLOCKING, CACHING, PROXY SERVERS, OR OTHER RECIPIENT-SIDE FACTORS.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYPERDRIVE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

20. Limitation of Liability

20.1 Limitation on Types of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HYPERDRIVE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR:

(A) LOST PROFITS, LOST REVENUE, LOST SAVINGS, OR LOSS OF GOODWILL.

(B) LOSS OF DATA, USER CONTENT, OR OTHER INFORMATION.

(C) BUSINESS INTERRUPTION OR DISRUPTION.

(D) REPUTATIONAL HARM ARISING FROM EMAILS SENT, NOT SENT, OR SENT INCORRECTLY BY THE SERVICE.

(E) COST OF PROCUREMENT OF SUBSTITUTE SERVICES.

(F) ANY DAMAGES ARISING FROM OR RELATED TO AUTOMATED OR SERVER-MEDIATED ACTIONS, INCLUDING SCHEDULED SENDS, SNOOZE RESTORATIONS, AND REMINDER NOTIFICATIONS.

(G) ANY DAMAGES ARISING FROM OR RELATED TO THE USE OF AI FEATURES OR RELIANCE ON AI-GENERATED OUTPUTS.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE) AND EVEN IF HYPERDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 Limitation on Liability Amount

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE HYPERDRIVE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU HAVE PAID TO HYPERDRIVE IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED UNITED STATES DOLLARS ($100).

20.3 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN SECTIONS 19 AND 20 ARE MATERIAL TERMS OF THESE TERMS AND REPRESENT A REASONABLE ALLOCATION OF RISK. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS. YOU FURTHER AGREE THAT THE HYPERDRIVE PARTIES (OTHER THAN HYPERDRIVE ITSELF) ARE INTENDED THIRD-PARTY BENEFICIARIES OF SECTIONS 19 AND 20.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

21. Indemnification

21.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless the Hyperdrive Parties from and against all claims, demands, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

(a) Your use of email tracking features in violation of applicable law or without required consents (see Section 10).

(b) Your violation of any applicable law, regulation, or third-party right.

(c) Your use of AI features that results in harm to third parties, including claims of defamation, privacy violation, or intellectual property infringement based on AI-generated content you send or publish.

(d) Unauthorized access to accounts you connect to the Service, where such unauthorized access was caused by your failure to secure your credentials or device.

(e) Your breach of any representation, warranty, or obligation under these Terms.

(f) Your use of scheduling features and the personal data of Guests collected through your scheduling links (see Section 11).

(g) Content you create, send, or distribute through the Service that violates applicable law or third-party rights.

21.2 Indemnification Procedure

Hyperdrive will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation (at your expense) in the defense of the claim. Hyperdrive reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with Hyperdrive in asserting any available defenses.

22. Suspension and Termination

22.1 Termination by You

You may stop using the Service at any time. To terminate your license, you may uninstall Hyperdrive and deactivate your license via the licensing server. Termination by you does not relieve you of any payment obligations for the current billing cycle.

22.2 Termination by Hyperdrive

Hyperdrive may suspend or terminate your access to the Service, in whole or in part, if:

(a) You breach these Terms or the Acceptable Use Policy.

(b) You fail to pay applicable fees when due.

(d) Fraud, abuse, or manipulation of the licensing or trial system is detected.

(e) A required third-party service becomes permanently unavailable, making continued provision of the Service commercially impracticable.

(f) Continued provision of the Service to you would create legal liability for Hyperdrive or compromise the Service for other users.

Where reasonably practicable and not prohibited by law, Hyperdrive will provide you with advance notice and an opportunity to remedy the issue before suspension or termination. However, Hyperdrive may suspend or terminate immediately without notice in cases of material breach, fraud, abuse, or where required by law.

22.3 Effect of Termination

Upon termination:

(a) Your license to use the Service is immediately revoked.

(b) You must cease all use of the Service and uninstall the Hyperdrive application.

(c) Hyperdrive may delete your server-side data (including tracking data, scheduling data, AI usage logs, and licensing records) in accordance with our data retention practices and applicable law.

(d) Hyperdrive will have no liability to you for suspension or termination, including for deletion of data.

22.4 Survival

Upon termination of these Terms for any reason, the following sections will survive and continue in full force and effect: Section 5 (User Content and Licenses), Section 9 (Fees, Billing — to the extent of accrued obligations), Section 14 (Arbitration and Dispute Resolution), Section 16 (Intellectual Property), Section 19 (Warranty Disclaimers), Section 20 (Limitation of Liability), Section 21 (Indemnification), Section 22.4 (Survival), and Section 24 (Miscellaneous Legal Terms). Any other provisions that by their nature should survive termination will also survive.

23. Changes to the Service or Terms

23.1 Service Changes

Hyperdrive may, at its sole discretion:

(a) Modify, update, add, or remove features, functionality, or components of the Service.

(b) Introduce server-side processing capabilities, including server-mediated email actions, push notifications, and cross-device synchronization.

(d) Change the AI models, providers, or proxy architecture used for AI features.

If Hyperdrive believes a change may significantly impair your use of the Service, Hyperdrive will use reasonable efforts to provide advance notice by email or in-application notification.

23.2 Terms Changes

Hyperdrive may modify these Terms as described in Section 1.2. Your continued use of the Service after the effective date of modified Terms constitutes acceptance of the modifications.

24. Miscellaneous Legal Terms

24.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and Hyperdrive with respect to the Service. These Terms supersede all prior and contemporaneous agreements, representations, and understandings between you and Hyperdrive relating to the Service.

In the event of a conflict between documents, they will control in the following order of precedence: (1) the Acceptable Use Policy (Section 15), (2) the Privacy Policy, (3) these Terms.

24.2 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it will be severed from these Terms. The invalidity, illegality, or unenforceability of any provision will not affect the validity or enforceability of any other provision, which will remain in full force and effect.

24.3 Waiver

The failure of Hyperdrive to enforce any provision of these Terms is not a waiver of its right to do so in the future. No waiver of any provision of these Terms will be effective unless made in writing and signed by an authorized representative of Hyperdrive.

24.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, without the prior written consent of Hyperdrive. Any purported assignment in violation of this section is void. Hyperdrive may assign or transfer its rights and obligations under these Terms without restriction, including to any affiliate, subsidiary, or successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Upon any permitted assignment, these Terms will bind and inure to the benefit of the parties and their respective successors and assigns.

24.5 Force Majeure

Hyperdrive will not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from circumstances beyond Hyperdrive' reasonable control, including without limitation: acts of God; natural disasters; pandemics or epidemics; wars, terrorism, or civil unrest; government actions, sanctions, embargoes, or regulatory changes; denial-of-service attacks or other cyberattacks; failures of third-party hosting providers, cloud infrastructure, or utility providers; internet or telecommunications failures; labor disputes or strikes; or supply chain disruptions.

24.6 Third-Party Beneficiaries

Except as expressly stated in Sections 20.3 and, if applicable, platform-specific provisions, these Terms do not confer any rights or benefits on any third party. There are no third-party beneficiaries to these Terms.

24.7 Notice

Any notices required or permitted under these Terms will be delivered as follows:

(a) Notices to you: By email to the address associated with your license or account, or by in-application notification. Email notice is deemed effective when sent.

(b) Notices to Hyperdrive: By email to the address in Section 25 or by nationally recognized overnight delivery service or first-class mail to Hyperdrive' principal place of business. Notice to Hyperdrive is deemed effective upon receipt.

You are responsible for maintaining a current and valid email address with Hyperdrive. If the email address you have provided is invalid or undeliverable, Hyperdrive' dispatch of the email constitutes effective notice.

24.8 Open-Source Software

To the extent any component of the Service incorporates or is distributed alongside open-source software, the terms of the applicable open-source license will govern with respect to that component to the extent such terms conflict with these Terms. A list of open-source components and their licenses, if any, is available upon request. As of the date of these Terms, the only external dependency in the Hyperdrive client is SwiftFormat (a development-only code formatting tool not included in production builds).

24.9 Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of the Service. You will not export, re-export, or transfer the Service, or any data obtained through the Service, in violation of applicable export control laws, including without limitation the United States Export Administration Regulations (EAR) or any applicable sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

24.10 Government Use

If you are a United States government entity or end user, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. Use, reproduction, release, modification, disclosure, or transfer of the Service is governed solely by these Terms, and all other use is prohibited.

24.11 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

24.12 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Hyperdrive. Neither party has authority to bind the other or incur obligations on the other's behalf.

25. Contact Information

If you have questions about these Terms, need to exercise any rights, or wish to send a notice:

Hyperdrive One LLC 1431 Porter Rd, Nashville, TN 37206, United States Email: support@hyperdriveone.com

For arbitration opt-out notices (Section 14.7) and arbitration-related correspondence, use the same contact address with "Arbitration" in the subject line.