Terms & Conditions

1. Services

HyperDrive may provide one or more products or services, including but not limited to:

• Website design, development, hosting, and maintenance;
• Search engine optimization ("SEO");
• Google Business Profile optimization and management;
• Google Ads, Meta Ads, and other advertising management;
• Social media and digital marketing services;
• Email and SMS marketing;
• Lead generation and lead-management systems;
• Customer relationship management ("CRM") software;
• Sales pipelines and opportunity management;
• Marketing and workflow automation;
• Forms, funnels, landing pages, surveys, and calendars;
• Online reputation and review-management services;
• AI-powered chat, voice, workflow, content, and automation tools;
• AI receptionist and automated telephone services;
• Call tracking, telephone numbers, voice, SMS, MMS, and email services;
• Appointment scheduling;
• Reporting and analytics;
• Website chat and conversational tools;
• Third-party integrations;
• Mobile or web applications;
• SaaS or white-labeled software access;
• Consulting, strategy, implementation, and training; and
• Other related digital marketing or technology services.

Specific Services, pricing, minimum commitments, deliverables, usage allowances, and other terms may be described in a proposal, order form, service agreement, checkout page, invoice, statement of work, or other written or electronic agreement ("Service Order").

If a Service Order conflicts with these Terms, the Service Order controls only with respect to the specific conflicting provision.

2. Third-Party Platform Technology

Certain HyperDrive Services are powered in whole or in part by third-party technology providers, which may include CRM providers, HighLevel/LeadConnector, telecommunications providers, email delivery providers, hosting companies, domain registrars, artificial intelligence providers, payment processors, Google, Meta, and other third-party services.

HyperDrive may present certain third-party technology under HyperDrive branding or within a HyperDrive-branded interface.

Client acknowledges that:

1. HyperDrive does not own or control all underlying third-party technology;
2. Features may be modified, discontinued, restricted, suspended, or changed by third-party providers;
3. Availability may depend on third-party systems;
4. Third-party providers may establish their own acceptable-use requirements;
5. Client must comply with applicable third-party provider policies; and
6. HyperDrive is not liable for outages, restrictions, suspensions, account actions, data loss, pricing changes, or other events caused by third-party providers outside HyperDrive's reasonable control.

HyperDrive may substitute vendors, platforms, integrations, telecommunications providers, AI providers, or other underlying technology when reasonably necessary to provide the Services.

3. Limited Right to Use the Platform

Subject to payment of all applicable fees and compliance with these Terms, HyperDrive grants Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use applicable HyperDrive software and platform Services during the Client's active subscription.

The Client does not purchase or acquire ownership of the underlying software platform.

Client may not:

• Copy, reproduce, reverse engineer, decompile, or attempt to discover underlying source code;
• Resell or sublicense access unless specifically authorized by HyperDrive;
• Circumvent usage limits, security controls, billing mechanisms, or technical restrictions;
• Use the Services for unlawful, fraudulent, deceptive, abusive, or harmful activity;
• Introduce malware, malicious code, or other harmful technology;
• Interfere with or impair the operation of the Services;
• Use the platform to infringe intellectual property or privacy rights;
• Obtain unauthorized access to another person's data or account;
• Use the Services to transmit unlawful spam or unauthorized communications; or
• Use the Services in violation of applicable laws or third-party provider rules.

4. Client Accounts and Authorized Users

Client is responsible for maintaining the security of login credentials and for all activity occurring through Client's account and authorized users.

Client must promptly notify HyperDrive of suspected unauthorized access.

HyperDrive may rely upon instructions received from individuals who reasonably appear to be authorized users of Client's account.

Client is responsible for determining appropriate employee and contractor permissions and promptly removing access when access is no longer appropriate.

5. Client Responsibilities

Client agrees to provide accurate, complete, and timely information necessary for HyperDrive to perform the Services.

Client is responsible for:

• The accuracy of information supplied to HyperDrive;
• Obtaining all necessary permissions, licenses, releases, and consents;
• Ensuring that Client's products and services are lawful;
• Ensuring Client's advertising claims are accurate and supportable;
• Responding to leads and customers appropriately;
• Complying with applicable privacy and marketing laws;
• Maintaining required professional or business licenses;
• Securing appropriate authorization for customer data;
• Maintaining appropriate privacy notices and policies;
• Reviewing and approving material business information;
• Maintaining lawful communication practices; and
• Ensuring Client's employees and representatives use the Services lawfully.

HyperDrive may rely on materials and information supplied by Client without independently verifying their accuracy.

6. Email, SMS, Telephone and Marketing Communications

Client is solely responsible for ensuring that Client has all legally required consent or other lawful authority to contact individuals through SMS, MMS, telephone calls, prerecorded or artificial voice calls, email, automated communications, or other communication channels.

Client agrees to comply with all applicable laws, regulations, and industry standards, including, where applicable:

• The Telephone Consumer Protection Act ("TCPA");
• Federal Communications Commission regulations;
• CAN-SPAM Act requirements;
• Do-Not-Call requirements;
• Applicable state telemarketing laws;
• Carrier and telecommunications-provider requirements;
• Messaging-industry standards;
• A2P registration requirements; and
• Applicable privacy and data-protection laws.

Client must honor unsubscribe, STOP, opt-out, revocation-of-consent, and similar requests as legally required.

Client may not use purchased, scraped, harvested, or unlawfully obtained contact lists through the Services.

Client is responsible for maintaining adequate evidence of consent where consent is required.

HyperDrive may suspend or terminate messaging or telephone capabilities if HyperDrive reasonably believes Client is violating applicable law, carrier requirements, industry standards, or these Terms.

Carrier filtering, message blocking, number suspension, registration rejection, email filtering, deliverability issues, and similar actions may occur outside HyperDrive's control and are not guaranteed against.

7. Artificial Intelligence Services

Certain Services may use artificial intelligence ("AI"), machine learning, automated decision systems, generative AI, AI voice technology, or third-party AI models.

Client understands that AI-generated material may:

• Contain inaccuracies;
• Misinterpret information;
• Produce incomplete or inappropriate responses;
• Occasionally generate incorrect statements;
• Experience interruptions;
• Require human review; or
• Perform differently as underlying AI models change.

Client is responsible for reviewing AI-generated output when appropriate and determining whether it is suitable for Client's intended use.

Unless expressly agreed otherwise, AI tools are not intended to provide medical, legal, financial, emergency, safety-critical, or other licensed professional advice.

Client is responsible for any legally required disclosure concerning the use of artificial intelligence, automated calling, recording, transcription, or similar technology.

Where an AI receptionist, chatbot, or automated system communicates with Client's customers or prospects, Client authorizes HyperDrive to configure and operate such systems based upon information supplied by Client.

HyperDrive does not guarantee that an AI system will correctly handle every inquiry, book every appointment, identify every emergency, or produce a particular business outcome.

8. Call Recording and Transcription

Certain Services may permit recording, transcription, summarization, or analysis of telephone calls.

Laws governing telephone recording vary by jurisdiction.

Client is solely responsible for determining whether notice or consent is required and for implementing any legally required notification or consent procedure.

Client agrees not to use HyperDrive Services to unlawfully record or intercept communications.

9. Advertising Services

When HyperDrive manages Google Ads, Meta Ads, or other paid advertising:

• Advertising spend is separate from HyperDrive management fees unless expressly stated otherwise;
• Client authorizes HyperDrive to create, modify, pause, optimize, and manage campaigns within the agreed scope;
• Client remains responsible for the underlying products, services, offers, pricing, claims, and fulfillment;
• Advertising platforms may approve, reject, restrict, suspend, or terminate advertisements or accounts at their discretion;
• HyperDrive cannot guarantee advertisement approval;
• HyperDrive cannot guarantee cost per click, cost per lead, conversion rate, return on advertising spend, revenue, rankings, lead volume, or other performance results; and
• Market conditions, competitors, consumer behavior, platform algorithms, bidding environments, seasonality, Client response times, budgets, geographic markets, and many other factors can affect performance.

Unless otherwise agreed, advertising budgets are estimates or authorized spending limits rather than guaranteed spending amounts.

10. SEO and Search Engine Services

Search engines and online directories control their own algorithms, rankings, listings, policies, and indexing processes.

HyperDrive does not guarantee:

• A specific search ranking;
• A first-page ranking;
• A number-one Google position;
• A specific volume of organic traffic;
• A specific number of leads;
• Continued placement in search results; or
• A specific timetable for SEO performance.

Search-engine algorithms and competitive conditions may change without notice.

11. Google Business Profile and Third-Party Listings

Client authorizes HyperDrive to access and manage applicable business listings on Client's behalf when included in the Services.

Client is responsible for ensuring all business information supplied is accurate and complies with the applicable platform's policies.

Google and other providers retain sole discretion regarding verification, suspension, reinstatement, ranking, display, and removal of listings.

HyperDrive cannot guarantee verification or prevent third-party suspension.

12. Fees and Payment

Client agrees to pay all fees shown in the applicable Service Order.

Unless expressly stated otherwise:

• Setup fees are non-refundable once implementation work begins;
• Subscription fees are billed in advance;
• Usage charges may be billed in arrears or automatically deducted from a prepaid balance;
• Advertising spend is separate from service fees;
• Telecommunications, email, AI, premium workflow, domain, and other usage charges may be billed separately;
• Taxes and governmental fees are Client's responsibility where applicable; and
• Amounts paid for completed work or previously delivered Services are non-refundable.

HyperDrive may modify recurring pricing by providing reasonable advance notice. Pricing changes imposed by underlying third-party providers, telecommunications carriers, AI providers, or other vendors may be passed through to Client.

13. Automatic Billing and Payment Authorization

By providing a credit card, debit card, bank account, or other payment method, Client authorizes HyperDrive and its payment processors to store the payment method and automatically charge it for amounts due under the applicable Service Order.

This may include:

• Recurring subscription fees;
• Monthly service charges;
• Usage-based fees;
• SMS and MMS charges;
• Voice and telephone charges;
• Email charges;
• AI usage;
• Premium workflow or automation charges;
• Phone-number charges;
• Domain or hosting charges;
• Advertising expenses where applicable;
• Applicable taxes; and
• Other authorized Services.

Where Client participates in a prepaid or usage-credit program, Client authorizes HyperDrive to automatically replenish the account or charge the stored payment method when the account reaches the applicable recharge threshold.

Recharge amounts and thresholds may be established in the Client's plan, account settings, or Service Order.

If an automatic payment fails, HyperDrive may immediately restrict, suspend, or disable usage-based Services, including AI, telephone, SMS, email, automation, or other platform functions.

HyperDrive is not responsible for missed calls, communications, leads, appointments, or other losses occurring because Services were restricted or suspended due to an unsuccessful payment.

14. Minimum Commitments and Automatic Renewal

Certain Services may have minimum commitment periods as disclosed in the applicable Service Order.

Client remains financially responsible for the agreed minimum term even if Client chooses to stop using the Services before the minimum term expires, except where otherwise required by law or expressly agreed in writing.

After completion of any minimum term, recurring Services will continue on a month-to-month basis unless the applicable Service Order provides otherwise.

Monthly subscriptions automatically renew and Client's payment method will continue to be charged until the applicable Service is canceled in accordance with these Terms.

Cancellation does not retroactively refund amounts already paid or incurred.

15. Late or Failed Payments

If payment is not received when due, HyperDrive may:

• Suspend Services;
• Disable account access;
• Pause campaigns;
• Disable telephone or messaging functionality;
• Suspend AI Services;
• Stop website maintenance or hosting where applicable;
• Decline additional work;
• Terminate the account; or
• Use lawful collection procedures.

Client remains responsible for undisputed fees incurred before suspension or termination.

Any chargeback or payment dispute does not eliminate Client's contractual obligation to pay valid charges.

16. Client Content

"Client Content" means logos, trademarks, photographs, videos, customer information, text, business information, pricing, product descriptions, data, databases, contact lists, and other content Client supplies to HyperDrive.

Client retains ownership of Client Content.

Client represents and warrants that Client owns or has legally sufficient rights to use Client Content and to authorize HyperDrive to use it for purposes of providing the Services.

Client grants HyperDrive a worldwide, non-exclusive, royalty-free license to host, copy, modify, format, display, transmit, process, and otherwise use Client Content as reasonably necessary to provide the Services.

17. Website and Deliverable Ownership

Unless otherwise specified in a Service Order, after HyperDrive has received full payment for a custom website or other custom deliverable, Client owns the final Client-specific content and final custom deliverable created specifically for Client.

However, HyperDrive and its licensors retain ownership of all pre-existing and underlying intellectual property, including:

• Software;
• Platforms;
• Source code;
• Reusable code;
• Frameworks;
• Templates;
• Website components;
• CRM technology;
• Automation systems;
• Workflow architecture;
• Snapshots;
• Scripts;
• Prompt structures;
• Integrations;
• Proprietary processes;
• Marketing methodologies;
• Training material;
• Libraries;
• Know-how; and
• Third-party technology.

Client's ownership of a website or deliverable does not transfer ownership of HyperDrive's underlying systems or third-party software.

If a website is being purchased through an installment plan, ownership of the custom deliverable transfers only after all required installment payments for the website build have been made.

18. Client Data

As between HyperDrive and Client, Client retains ownership of Client's business data and customer data.

HyperDrive may process Client Data as reasonably necessary to provide, maintain, support, secure, troubleshoot, and improve the Services and as otherwise permitted by applicable law.

Where HyperDrive processes personal information on behalf of Client, Client generally determines the purposes for which the information is collected and used.

Client is responsible for:

• Establishing an appropriate lawful basis for collecting personal information;
• Providing required privacy notices;
• Obtaining required consent;
• Responding to applicable consumer or data-subject requests;
• Ensuring data uploaded to the Services was lawfully obtained; and
• Complying with applicable privacy laws.

HyperDrive may use subcontractors and subprocessors to provide the Services.

19. Data Export and Account Termination

Client should regularly maintain appropriate copies or exports of important business information.

Upon termination, HyperDrive may provide a reasonable opportunity for Client to export Client Data where technically available and subject to payment of all undisputed amounts due.

Certain platform configurations, proprietary workflows, snapshots, automations, templates, licensed software, telephone infrastructure, or other HyperDrive intellectual property may not be transferable.

After termination, Client Data may be deleted in accordance with HyperDrive's retention policies, applicable third-party provider policies, and legal obligations.

HyperDrive is not obligated to retain Client Data indefinitely after termination.

20. Publicity, Client Logos, Portfolio and Case Studies

Client expressly grants HyperDrive a non-exclusive, worldwide, royalty-free license to identify Client as a HyperDrive customer and to use Client's business name, trade name, logo, trademarks, website imagery, screenshots, publicly available materials, and non-confidential project information for HyperDrive's legitimate advertising, portfolio, promotional, educational, award-submission, sales, social-media, website, presentation, proposal, and case-study purposes.

Client further authorizes HyperDrive to describe and publicize non-confidential results associated with the Services, including measurable improvements, campaign performance, lead-generation results, website performance, advertising performance, cost reductions, conversion improvements, revenue improvements, rankings, engagement metrics, or other objectively supportable results.

This authorization is part of the consideration for the Services and no additional verbal or written approval is required from Client before each individual use.

HyperDrive may identify the Services provided and may describe the general business challenge, work performed, and measurable results.

HyperDrive will not knowingly publish:

• Client passwords or credentials;
• Personally identifiable customer information;
• Payment-card or bank-account information;
• Legally protected confidential information;
• Trade secrets unrelated to the project;
• Information specifically designated in writing as confidential before publication; or
• Information whose disclosure is prohibited by an applicable written nondisclosure agreement.

HyperDrive will use commercially reasonable efforts to ensure that published performance claims are accurate and not materially misleading.

Nothing in this section authorizes HyperDrive to falsely represent that Client has made a testimonial or endorsement that Client did not actually make.

Any actual quotation attributed to an identifiable individual as a testimonial must accurately reflect that individual's statement or experience.

If Client has a unique confidentiality requirement that would prohibit use of Client's name, logo, or project results, that restriction must be expressly agreed to in writing by HyperDrive.

Except where such written restriction exists, Client's acceptance of these Terms constitutes sufficient authorization for the uses described in this Section.

21. Feedback

Client may provide suggestions, ideas, requests, recommendations, or other feedback regarding HyperDrive products or Services.

Client grants HyperDrive the unrestricted right to use such feedback without compensation or attribution, provided HyperDrive does not disclose Client's confidential information in doing so.

22. Confidentiality

Each party may receive confidential or proprietary information belonging to the other party.

The receiving party agrees to use reasonable care to protect such information and to use it only in connection with the business relationship between the parties.

Confidential Information does not include information that:

• Is publicly available through no breach of these Terms;
• Was lawfully known to the receiving party before disclosure;
• Is independently developed without use of the other party's Confidential Information; or
• Is lawfully obtained from a third party without a confidentiality obligation.

A party may disclose Confidential Information where legally required, subject to applicable legal restrictions.

23. Performance Disclaimer

Digital marketing involves factors outside HyperDrive's control.

HyperDrive does not guarantee any specific:

• Number of leads;
• Number of appointments;
• Number of sales;
• Revenue amount;
• Return on investment;
• Search-engine ranking;
• Advertising result;
• Cost per lead;
• Cost per acquisition;
• Conversion rate;
• Customer response;
• Customer retention;
• Business growth; or
• Financial result.

Past performance and results achieved by other clients do not guarantee future performance.

Client's results may vary based on market conditions, budget, geography, competition, pricing, offer quality, reputation, sales ability, lead response time, operations, customer service, seasonality, economic conditions, and other factors.

24. Service Availability

HyperDrive will use commercially reasonable efforts to make the Services available, but uninterrupted operation is not guaranteed.

Maintenance, internet failures, telecommunications outages, software bugs, cybersecurity incidents, platform outages, carrier failures, third-party provider disruptions, governmental actions, force-majeure events, and other circumstances may temporarily affect availability.

Unless expressly stated in a separate written service-level agreement, HyperDrive makes no uptime guarantee.

25. Suspension

HyperDrive may immediately suspend all or part of Client's Services when reasonably necessary because of:

• Nonpayment;
• Suspected fraud;
• Security risks;
• Illegal activity;
• Spam complaints;
• Carrier complaints;
• Excessive messaging complaints;
• Platform abuse;
• Violation of applicable law;
• Violation of these Terms;
• Violation of a third-party provider's terms;
• Conduct that threatens HyperDrive's systems or reputation; or
• A direction or restriction imposed by an underlying service provider.

HyperDrive may act without advance notice where immediate action is reasonably necessary to protect the platform, consumers, HyperDrive, its vendors, or other customers.

26. Termination

Either party may terminate month-to-month Services subject to any applicable minimum commitment.

Termination does not cancel amounts already earned, incurred, or contractually committed.

HyperDrive may terminate Services immediately for material breach, unlawful use, abusive conduct, nonpayment, fraud, repeated carrier or spam violations, misuse of the platform, or conduct that exposes HyperDrive or its service providers to unreasonable legal, financial, regulatory, or reputational risk.

Sections that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, publicity rights for materials already published or created, confidentiality, indemnification, limitation of liability, and dispute-resolution provisions.

27. No Warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available."

HyperDrive disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, results, accuracy, availability, and uninterrupted operation.

HyperDrive does not warrant that the Services will be error-free, that all defects will be corrected, or that any specific business result will occur.

28. Limitation of Liability

To the maximum extent permitted by law, HyperDrive and its owners, officers, employees, contractors, affiliates, and service providers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, lost revenue, lost business opportunities, lost leads, lost data, loss of goodwill, or business interruption.

To the maximum extent permitted by law, HyperDrive's total aggregate liability arising from or related to the Services will not exceed the total Service Fees actually paid to HyperDrive by Client during the six (6) months immediately preceding the event giving rise to the claim.

Advertising spend, telecommunications charges, third-party charges, taxes, and pass-through expenses are not considered Service Fees for purposes of calculating this limitation.

These limitations apply regardless of the legal theory asserted and even if HyperDrive has been advised of the possibility of such damages.

29. Indemnification

Client agrees to defend, indemnify, and hold harmless HyperDrive Digital LLC and its owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, actions, damages, losses, liabilities, judgments, penalties, fines, expenses, and reasonable attorneys' fees arising out of or related to:

• Client's products or services;
• Client Content;
• Client's instructions to HyperDrive;
• Client's advertising or business claims;
• Client's violation of applicable law;
• Client's violation of privacy rights;
• Client's violation of the TCPA or telemarketing laws;
• Client's use of email, SMS, MMS, AI, or telephone communications;
• Client's failure to obtain required consent;
• Client's infringement of third-party intellectual property;
• Client's unlawful use of customer information;
• Client's breach of these Terms; or
• Conduct by Client's employees, contractors, agents, or authorized users.

HyperDrive will provide reasonable notice of a covered claim and reasonable cooperation in the defense.

30. Independent Contractor

HyperDrive is an independent contractor.

Nothing in these Terms creates an employment relationship, partnership, fiduciary relationship, franchise, or joint venture between HyperDrive and Client.

Neither party may legally bind the other except where expressly authorized.

31. Force Majeure

HyperDrive will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, terrorism, labor disputes, internet outages, telecommunications failures, utility failures, cybersecurity events, government actions, epidemics, platform outages, third-party service failures, or changes in law or regulation.

32. Dispute Resolution and Informal Resolution

Before filing a formal legal claim, the parties agree to make a good-faith attempt to resolve the dispute informally.

The party raising the dispute must provide written notice describing the dispute and requested resolution.

The parties will have thirty (30) days after receipt of the notice to attempt informal resolution before initiating arbitration or litigation, except where emergency injunctive relief is reasonably necessary.

33. Binding Individual Arbitration

Please read this section carefully. It affects your legal rights.

Except for claims eligible for small-claims court and claims seeking temporary or emergency injunctive relief relating to intellectual property, unauthorized system access, or misuse of confidential information, any dispute arising from or relating to these Terms, the Services, or the relationship between Client and HyperDrive shall be resolved through binding individual arbitration rather than a trial in court, to the maximum extent permitted by law.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Arbitration will be administered by the American Arbitration Association ("AAA") under the rules applicable to the dispute.

Unless otherwise mutually agreed, arbitration will take place in Texas in the county where HyperDrive maintains its principal place of business, or may be conducted remotely when permitted.

The arbitrator may award any individual remedy that would otherwise be available in court, subject to the limitations contained in these Terms.

34. Class Action and Jury Trial Waiver

To the maximum extent permitted by law, Client and HyperDrive agree that claims may be brought only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, or representative action.

Each party waives the right to a trial by jury to the maximum extent permitted by law.

35. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except to the extent federal law controls.

For any dispute that is not subject to arbitration, the parties consent to jurisdiction and venue in the appropriate state or federal court located in the Texas county where HyperDrive maintains its principal place of business.

36. Electronic Communications and Signatures

Client agrees to conduct transactions electronically.

Electronic acceptance, electronic signatures, online orders, checkbox acceptance, digital payment authorization, and other electronic records may constitute legally binding acceptance of these Terms.

Client consents to receive account notices, invoices, contractual notices, service communications, and other business communications electronically.

37. Modifications to Services

HyperDrive may modify, enhance, replace, restrict, or discontinue features of the Services from time to time.

Where a material change substantially affects a paid Service, HyperDrive will use commercially reasonable efforts to provide notice where practical.

Changes resulting from third-party platforms or providers may occur without advance notice.

38. Changes to These Terms

HyperDrive may update these Terms from time to time because of changes in Services, technology, third-party requirements, business practices, or applicable law.

Updated Terms will be posted with a revised "Last Updated" date.

Where required by applicable law, HyperDrive will provide additional notice of material changes.

Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

39. Assignment

Client may not assign or transfer its rights or obligations under these Terms without HyperDrive's prior written consent.

HyperDrive may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, change of control, or transfer of its business or applicable Services.

40. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be modified or limited to the minimum extent necessary to make it enforceable where legally permissible.

The remaining provisions will remain in effect.

41. Waiver

Failure by either party to enforce any provision of these Terms does not waive the right to enforce that provision in the future.

42. Entire Agreement

These Terms, together with applicable Service Orders, proposals, statements of work, privacy policies, data-processing agreements, and other expressly incorporated documents, constitute the entire agreement between Client and HyperDrive concerning the applicable Services and supersede prior discussions concerning the same subject matter.

43. Order of Precedence

If conflicting terms exist, the following order of precedence applies unless expressly stated otherwise:

1. A mutually signed Service Order or Statement of Work;
2. A mutually signed Data Processing Agreement, for data-processing matters;
3. These Terms and Conditions; and
4. Other HyperDrive policies incorporated by reference.

44. Contact Information

Questions concerning these Terms may be directed to:

HyperDrive Digital LLC

HyperDrive Digital

Email: info@hyperdrivedigital.io

Website: https://hyperdrivedigital.io/

© 2026 HyperDrive Digital LLC. All rights reserved.