1. Acceptance of Terms
By accessing or using the HyperTrail platform ("Platform"), operated by Hypertrail Inc. ("HyperTrail," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use the Platform.
If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
HyperTrail is a no-code, usage-based SaaS platform for data integration, entity management, and AI-powered automation. The Platform enables customers to build, deploy, and manage AI agents ("Trails") that connect to enterprise systems via configurable connectors.
3. Account Registration
- You must provide accurate and complete information when creating an account.
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activities that occur under your account.
- You must notify us immediately of any unauthorized use of your account at support@hypertrail.ai.
4. Subscription Plans and Billing
HyperTrail offers multiple subscription tiers (Sandbox, Starter, Growth, Scale, and Enterprise). Each plan includes a monthly platform fee (where applicable) and usage-based charges for AI tokens, connector compute, entity ingestion, entity storage, and S3 uploads.
- Billing is processed through Stripe or AWS Marketplace, depending on your subscription method.
- Usage-based charges are calculated and billed based on actual consumption during each billing period.
- You agree to pay all fees associated with your selected plan and usage. Failure to pay may result in suspension or termination of your account.
- Prices are subject to change with 30 days' prior notice.
For refund and cancellation details, see our Refund Policy.
5. Acceptable Use
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations.
- Attempt to gain unauthorized access to any part of the Platform, other accounts, or connected systems.
- Interfere with or disrupt the integrity or performance of the Platform.
- Reverse engineer, decompile, or disassemble any part of the Platform.
- Use the Platform to transmit malicious code, viruses, or harmful data.
- Resell, sublicense, or redistribute access to the Platform without our prior written consent.
- Use the Platform in a manner that exceeds reasonable usage patterns for the purpose of exploiting refund or credit policies.
6. Customer Data
"Customer Data" means all data, content, and information that you submit to or process through the Platform.
- You retain all ownership rights in your Customer Data.
- You grant HyperTrail a limited, non-exclusive license to use Customer Data solely to provide and improve the Platform.
- We will not access, use, or disclose Customer Data except as necessary to provide the service, comply with law, or as otherwise authorized by you.
- You are responsible for ensuring that your use of the Platform complies with all applicable data protection and privacy laws.
7. Intellectual Property
The Platform, including all software, designs, text, graphics, and other content, is the property of Hypertrail Inc. and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, service marks, or logos.
Any feedback, suggestions, or ideas you provide about the Platform may be used by HyperTrail without obligation or compensation to you.
8. Third-Party Integrations
The Platform may integrate with third-party services, APIs, and AI model providers. Your use of such integrations is subject to the respective third party's terms and conditions. HyperTrail is not responsible for the availability, accuracy, or reliability of third-party services.
9. Service Availability
We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable advance notice. Unscheduled downtime may occur due to circumstances beyond our control.
Enterprise customers may be eligible for a separate Service Level Agreement (SLA) as specified in their individual contract.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERTRAIL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO HYPERTRAIL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HYPERTRAIL DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED.
12. Indemnification
You agree to indemnify, defend, and hold harmless Hypertrail Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Platform, violation of these Terms, or infringement of any third-party rights.
13. Termination
- You may terminate your account at any time by canceling your subscription and ceasing use of the Platform.
- We may suspend or terminate your account if you violate these Terms, fail to pay fees, or if required by law.
- Upon termination, your right to access the Platform ceases immediately. We will retain Customer Data for 30 days following termination, after which it may be permanently deleted.
- Sections that by their nature should survive termination (including Limitation of Liability, Disclaimer of Warranties, Indemnification, and Governing Law) will survive.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in New York County, New York.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via email or a notice on the Platform at least 30 days before they take effect. Continued use of the Platform after changes become effective constitutes your acceptance of the updated Terms.
16. General Provisions
- Entire Agreement: These Terms, together with any applicable order forms or enterprise agreements, constitute the entire agreement between you and HyperTrail.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign your rights under these Terms without our prior written consent. HyperTrail may assign its rights and obligations without restriction.