Terms of Use

Last updated on Nov 10, 2018

Terms

By accessing the website at https://hyperlinq.io, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on HyperLinq Inc.'s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on HyperLinq Inc.'s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by HyperLinq Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on HyperLinq Inc.'s website are provided on an 'as is' basis. HyperLinq Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HyperLinq Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall HyperLinq Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on HyperLinq Inc.'s website, even if HyperLinq Inc. or a HyperLinq Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on HyperLinq Inc.'s website could include technical, typographical, or photographic errors. HyperLinq Inc. does not warrant that any of the materials on its website are accurate, complete or current. HyperLinq Inc. may make changes to the materials contained on its website at any time without notice. However HyperLinq Inc. does not make any commitment to update the materials.

Links

HyperLinq Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HyperLinq Inc. of the site. Use of any such linked website is at the user's own risk.

Modifications

HyperLinq Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New Jersey, USA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. These HyperLinq Terms and Conditions ("Application Terms") are a legal agreement between you (either as an individual or on behalf of an entity) and HyperLinq Inc. regarding your use of HyperLinq's applications, such as HyperLinq Desktop™ and associated documentation ("Software"). These Application Terms apply to the executable code version of the Software. Source code for the Software is not available separately and HyperLinq is not liable to send you the source code in any form. Source code is an intellectual property of HyperLinq. If you do not agree to all of the terms in these Application Terms, do not download, install, use, or copy the Software.

Connecting to Digital Assets Exchanges

If you configure the Software to work with one or more accounts on various digital assets exchanges, you are responsible for the safety of your exchange API keys as HyperLinq doesn't transmit or store the API on its servers or devices. Connection between your computer and the exchanges is peer to peer and 2046bit encrypted. HyperLinq only provides tools to enable you to connect and exchange requests and responses. At no point HyperLinq acts as an intermediary between your computer and the exchanges. HyperLinq Inc. takes no responsibilty of any data breach on your personal computer running HyperLinq software or any data breach on the exchange servers or their devices. Unless otherwise agreed to in writing with HyperLinq, your agreement with HyperLinq will always include, at a minimum, these Application Terms.

Privacy

The Software may collect personal information including but not limited to name, email and other identifiable contact information. These information is only used to service you with application support and billing activities. We do not sell or distribute the data to any third party. Software may collect crash reports, bug reports and analytics data for the sole purpose of improving the application design, behavior and performance. You may control what information the Software collects in the settings panel. Software will not collect any identifiable trading activity information. It may collect non-identifiable trading behavior only for analytics purposes. If software collects personally identifiable data, it is governed by HyperLinq Privacy Policies. By agreeing to the terms and conditions on this page, you agree to the privacy policies as well.

Auto-Update Services

The Software may include an auto-update service ("Service"). If you choose to use the Service or you download Software that automatically enables the Service, HyperLinq will automatically update the Software when a new version is available. This is done to improve the user experience, fix bugs, and apply security patches. It is important that all HyperLinq software on user's computers are autoupdated.

Disclaimers and Limitations of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. HyperLinq does not warrant that

(i) the Service will meet your specific requirements;

(ii) the Service is fully compatible with any particular platform;

(iii) your use of the Service will be uninterrupted, timely, secure, or error-free;

(iv) the results that may be obtained from the use of the Service will be accurate or reliable;

(v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or

(vi) any errors in the Service will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HYPERLINQ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HYPERLINQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SERVICE, including, for example:

(i) the use or the inability to use the Service;

(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;

(iii) unauthorized access to or alteration of your transmissions or data;

(iv) statements or conduct of any third-party on the Service;

(v) or any other matter relating to the Service. HyperLinq reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. HyperLinq shall not be liable to you or to any third-party for any price change, suspension or discontinuance of the Service.

Miscellanea

  1. No Waiver - The failure of HyperLinq to exercise or enforce any right or provision of these Application Terms shall not constitute a waiver of such right or provision.
  2. Entire Agreement - These Application Terms, together with any applicable Privacy Notices, constitutes the entire agreement between you and HyperLinq and governs your use of the Software, superseding any prior agreements between you and HyperLinq (including, but not limited to, any prior versions of the Application Terms).
  3. Governing Law - You agree that these Application Terms and your use of the Software are governed under New Jersey law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near Jersey City, New Jersey.
  4. Third-Party Packages - The Software supports third-party "Packages" which may modify, add, remove, or alter the functionality of the Software. These Packages are not covered by these Application Terms and may include their own license which governs your use of that particular package.
  5. No Modifications; Complete Agreement - These Application Terms may only be modified by a written amendment signed by an authorized representative of HyperLinq, or by the posting by HyperLinq of a revised version. These Application Terms, together with any applicable Licenses and Notices and HyperLinq's Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Application Terms supersede any proposal or prior agreement oral or written, and any other communications between you and HyperLinq relating to the subject matter of these terms.
  6. Contact Us - Please send any questions about these Application Terms to support@hyperlinq.io.