Terms of Service

HyperTrade > Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU (OR THE ENTITY YOU REPRESENT) AND HYPERTRADE NETWORK LLC.

IMPORTANT LEGAL NOTICE: These Terms of Service (“Terms”) constitute a legally binding agreement. While generated based on provided information and standard practices for technology service providers, THIS DOCUMENT IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE. Given the complex and often regulated nature of financial trading platforms, B2B commerce, and data networks, HyperTrade Network LLC (“HyperTrade,” “we,” “us,” or “our”) STRONGLY URGES YOU TO CONSULT WITH A QUALIFIED ATTORNEY licensed in California and any other relevant jurisdictions. This review should ensure these Terms align with your specific business model, risk tolerance, and full compliance with all applicable laws (including financial regulations, data privacy laws, and consumer protection laws) before publishing or relying on them. HyperTrade Network LLC and its AI service provider assume no liability for the use or interpretation of these Terms.

1. Introduction & Acceptance

Welcome to HyperTrade Network LLC. We are a California Limited Liability Company located at 2417 E Bliss St, Compton, CA 90222. We specialize in the design, development, deployment, and integration of high-performance financial trading platforms, Business-to-Business (B2B) commerce platforms, and sophisticated data networks, accessible and operational across Desktop and Mobile environments (collectively, the “Services”).

These Terms govern your access to and use of our website (hypertradenetwork.com or any successor site – the “Website”), our proprietary software, platforms, APIs, data feeds, infrastructure solutions, and all related consulting, deployment, and support services we offer.

By accessing our Website, engaging our Services, signing a Scope of Work, or using any platform we deploy for you (unless a separate overriding agreement exists), you (“Client,” “User,” “you,” or “your”) signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference). If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “Client,” “User,” “you,” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

2. Definitions

  • “Platform” refers to any software application, system, or network infrastructure (including Financial Trading Platforms, B2B Platforms, and Data Networks) designed, developed, customized, or deployed by HyperTrade for a Client, accessible via Desktop or Mobile devices.
  • “Services” includes all activities performed by HyperTrade, such as consultation, design, development, deployment, integration, customization, hosting (if applicable), maintenance, support, and provision of access to Platforms, APIs, and data.
  • “Client Data” means all electronic data or information submitted by or for the Client to the Platforms or collected and processed by or for the Client using the Platforms.
  • “HyperTrade IP” means all intellectual property owned or licensed by HyperTrade, including but not limited to our core software, frameworks, methodologies, documentation, trademarks, trade secrets, and any pre-existing materials.
  • “Scope of Work” (SOW) or “Service Agreement” means a written document signed by both HyperTrade and the Client detailing the specific Services to be provided, deliverables, timelines, fees, and any specific terms applicable to a particular project.
  • “Desktop” refers to access and use via traditional computer operating systems (e.g., Windows, macOS, Linux).
  • “Mobile” refers to access and use via mobile operating systems (e.g., iOS, Android) on smartphones or tablets.
  • “Confidential Information” has the meaning set forth in Section 10.
  • “Documentation” means any user manuals, guides, or other materials provided by HyperTrade regarding the use of the Platforms or Services.

3. Description of Services

HyperTrade offers specialized services focused on deploying robust technology solutions:

  • Financial Trading Platform Deployment: We build and implement platforms enabling access and interaction with financial markets. This includes front-end interfaces (Desktop/Mobile), back-end connectivity, data integration, and potentially algorithmic trading support frameworks. Crucially, HyperTrade provides technology and does not provide financial advice, brokerage services, or act as a financial institution.
  • B2B Platform Deployment: We create digital environments for businesses to conduct commerce, manage supply chains, and interact with partners. This includes marketplaces, procurement portals, and order management systems for Desktop and Mobile.
  • Data Network Deployment: We design and implement the infrastructure and APIs for high-speed, secure delivery and exchange of financial, market, or B2B data across various platforms.

The specific details, features, functionalities, and deliverables for any Service engagement will be defined in a mutually agreed-upon SOW or Service Agreement.

4. Client Obligations & Responsibilities

To enable us to perform the Services, you agree to:

  • Provide timely access to necessary information, data, personnel, and systems.
  • Ensure all information provided is accurate and complete.
  • Appoint a primary contact person with the authority to make decisions.
  • Comply with all applicable laws, regulations, and industry standards related to your business and your use of the Platforms and Services (including, without limitation, financial regulations, data privacy laws, and anti-money laundering laws).
  • Be solely responsible for all Client Data, including its accuracy, quality, legality, and the means by which you acquired it.
  • Secure and maintain your own access credentials (usernames, passwords, API keys) and be responsible for all activity occurring under your accounts.
  • Use the Platforms and Services only for lawful purposes and in accordance with these Terms and any applicable SOW.

5. Service Agreements & Scopes of Work (SOWs)

While these Terms govern the overall relationship, specific engagements will require a detailed SOW or Service Agreement. Each SOW will outline:

  • The specific Services to be performed.
  • Project goals and deliverables.
  • Timelines and milestones.
  • Fees, payment schedule, and expenses.
  • Acceptance criteria.
  • Any specific warranties, service levels, or support terms.
  • Intellectual property ownership for custom work.

In the event of any conflict or inconsistency between these Terms and a signed SOW/Service Agreement, the terms of the SOW/Service Agreement shall prevail with respect to that specific engagement.

6. Fees, Payments, and Taxes

You agree to pay HyperTrade all fees specified in the applicable SOW or Service Agreement. Unless otherwise stated in the SOW:

  • Fees are quoted and payable in United States Dollars.
  • Invoices are due upon receipt or as otherwise specified.
  • Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
  • You are responsible for all applicable taxes (sales, use, GST, VAT, etc.), excluding taxes based on HyperTrade’s net income.
  • HyperTrade reserves the right to suspend Services for non-payment.

7. Intellectual Property Rights

  • HyperTrade IP: We retain all right, title, and interest in and to all HyperTrade IP. Your use of our Services or Platforms does not grant you any ownership rights in our core technology, software, or methodologies. We grant you a license to use the deployed Platform as specified in your SOW, typically a non-exclusive, non-transferable right for your internal business purposes.
  • Client IP: You retain all right, title, and interest in and to your Client Data and any of your pre-existing intellectual property. You grant us a limited, non-exclusive license to use your Client Data solely as necessary to provide the Services.
  • Custom Work: Ownership of any custom development or deliverables created specifically for you under an SOW will be defined in that SOW. In the absence of such definition, HyperTrade typically retains ownership of the underlying code and grants the Client a license to use the custom functionality.
  • Feedback: If you provide us with any suggestions, ideas, or feedback, we are free to use, implement, and own such feedback without any obligation to you.

8. License to Use Platforms

Subject to these Terms and the applicable SOW, HyperTrade grants you a limited, non-exclusive, non-transferable, non-sublicensable right during the term specified in the SOW to access and use the deployed Platform(s) solely for your internal business operations, in accordance with the Documentation and usage limits, across supported Desktop and Mobile devices.

9. Restrictions on Use

You shall not (and shall not permit any third party to):

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas of any HyperTrade IP.
  • Modify, translate, or create derivative works based on the Platforms or Services, except as expressly permitted.
  • Rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Platforms.
  • Use the Platforms for any illegal, fraudulent, or unauthorized purpose.
  • Interfere with or disrupt the integrity or performance of the Platforms or third-party data contained therein.
  • Attempt to gain unauthorized access to the Platforms or their related systems or networks.
  • Use financial trading platforms deployed by us for market manipulation, insider trading, or any activity violating securities laws or exchange rules.
  • Use any Platform to transmit malicious code or spam.
  • Remove or obscure any proprietary notices.

10. Confidentiality

Each party (“Disclosing Party”) may disclose Confidential Information to the other party (“Receiving Party”). “Confidential Information” means any information disclosed by one party to the other, in any form, that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. It includes, but is not limited to, business plans, technology, Client Data, pricing, and the terms of any SOW. The Receiving Party agrees to: (i) use the same degree of care to protect Confidential Information as it uses for its own similar information (but no less than reasonable care); (ii) not use any Confidential Information for any purpose outside the scope of these Terms or the applicable SOW; and (iii) limit access to Confidential Information to those employees, contractors, and agents who need such access for purposes consistent with these Terms and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations no less stringent than those herein.

11. IMPORTANT DISCLAIMERS

  • NO FINANCIAL, INVESTMENT, OR TRADING ADVICE: HYPERTRADE NETWORK LLC IS A TECHNOLOGY COMPANY. WE PROVIDE SOFTWARE PLATFORMS AND DEPLOYMENT SERVICES. WE DO NOT PROVIDE FINANCIAL ADVICE, INVESTMENT ADVICE, TRADING ADVICE, BROKERAGE SERVICES, OR ANY FORM OF FINANCIAL RECOMMENDATION. ANY DATA, SIGNALS, OR INFORMATION PRESENTED ON OR THROUGH PLATFORMS WE DEPLOY ARE FOR INFORMATIONAL PURPOSES ONLY (OR ARE PROVIDED BY YOU OR THIRD PARTIES) AND SHOULD NOT BE CONSTRUED AS ADVICE OR AN ENDORSEMENT. YOU ARE SOLELY RESPONSIBLE FOR ALL TRADING AND INVESTMENT DECISIONS YOU MAKE, AND YOU SHOULD CONSULT WITH A QUALIFIED, LICENSED FINANCIAL PROFESSIONAL BEFORE MAKING ANY SUCH DECISIONS.
  • NO GUARANTEE OF PROFIT OR PERFORMANCE: WE DO NOT GUARANTEE THAT USE OF OUR PLATFORMS OR SERVICES WILL RESULT IN PROFITS, PREVENT LOSSES, OR ACHIEVE ANY PARTICULAR BUSINESS OUTCOME. TRADING IN FINANCIAL MARKETS AND ENGAGING IN B2B COMMERCE INVOLVES SIGNIFICANT RISK.
  • TECHNOLOGY “AS IS” / LIMITED WARRANTIES: EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED SOW OR SERVICE AGREEMENT, THE WEBSITE, PLATFORMS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPERTRADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR PLATFORMS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES.
  • THIRD-PARTY DATA & SERVICES: WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA, FEEDS, OR SERVICES PROVIDED BY THIRD PARTIES, EVEN IF INTEGRATED INTO OUR PLATFORMS. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THEIR TERMS.
  • CLIENT RESPONSIBILITY: YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLATFORMS, YOUR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, AND THE OUTCOMES OF YOUR BUSINESS AND TRADING ACTIVITIES.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • IN NO EVENT SHALL HYPERTRADE NETWORK LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, TRADING LOSSES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR PLATFORMS.
  • IN NO EVENT SHALL HYPERTRADE BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING FROM YOUR TRADING DECISIONS, B2B TRANSACTIONS, REGULATORY VIOLATIONS, OR ANY ACTIONS TAKEN BASED ON INFORMATION OBTAINED THROUGH THE PLATFORMS.
  • UNDER NO CIRCUMSTANCES WILL HYPERTRADE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY SOW (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY) EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO HYPERTRADE UNDER THE APPLICABLE SOW DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  • THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HYPERTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless HyperTrade Network LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services and Platforms; (ii) your violation of any term of these Terms or any applicable SOW; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) your violation of any applicable law, rule, or regulation (including financial regulations); or (v) any Client Data or other content that is submitted via your account, including without limitation misleading, false, or inaccurate information.

14. Term and Termination

These Terms commence on the date you first accept them and continue until all SOWs/Service Agreements have expired or been terminated, or until your use of the Website ceases. Either party may terminate an SOW or these Terms for cause if the other party materially breaches these Terms or the SOW and fails to cure such breach within thirty (30) days of written notice. HyperTrade may suspend or terminate your access to the Website or Services immediately if you violate restrictions on use or pose a security risk. Upon termination, your right to use the Platforms ceases, and you must pay any outstanding fees. Sections 7, 10, 11, 12, 13, 14, 15, and 17 shall survive termination.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, for the purpose of litigating all such claims or disputes, subject to the Arbitration provisions below.

16. Dispute Resolution (Arbitration)

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. YOU AND HYPERTRADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Miscellaneous

  • Changes to Terms: We reserve the right to modify these Terms at any time. We will post the revised Terms on the Website and update the “Effective Date.” Your continued use after such changes constitutes acceptance.
  • Notices: All notices under these Terms will be in writing and sent to the addresses provided or to legal@hypertradenetwork.com (for notices to us) and your provided email address (for notices to you).
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
  • Entire Agreement: These Terms, together with our Privacy Policy and any applicable SOWs, constitute the entire agreement between you and HyperTrade and supersede all prior agreements.
  • Severability: If any provision is found unenforceable, the remaining provisions will remain in full force.
  • Waiver: No waiver of any term shall be deemed a further or continuing waiver.
  • Force Majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control.
  • Relationship: The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

HyperTrade Network LLC Attn: Legal Department 2417 E Bliss St Compton, CA 90222

Email: legal@hypertradenetwork.com (or a dedicated legal email you establish)

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THE STRONG RECOMMENDATION TO SEEK INDEPENDENT LEGAL COUNSEL.