Terms of Service

1. Agreement to Terms

By accessing or using HyperFab (“the Service”), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

HyperFab is a cloud-based platform for welding contractors that provides dispatch management, digital timecards, invoicing, compliance tracking, and mobile workforce tools. The Service is provided on a subscription basis.

3. Accounts and Registration

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

You are responsible for ensuring that all users within your organization comply with these terms.

4. Subscription and Billing

• Subscriptions are billed monthly at the rate in effect at the time of purchase
• Payment is due at the beginning of each billing cycle
• All fees are non-refundable unless otherwise stated
• We may change pricing with 30 days' written notice
• Failure to pay may result in suspension or termination of your account

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Upload malicious code or content
• Resell or redistribute the Service without authorization
• Use the Service to store or transmit content that violates any law

6. Your Data

You retain ownership of all data you enter into the Service (“Your Data”). We do not claim ownership of Your Data. You grant us a limited license to use, process, and store Your Data solely to provide the Service to you.

You are responsible for maintaining backups of Your Data. While we use commercially reasonable efforts to protect your data, we are not liable for data loss.

7. Intellectual Property

The Service, including its design, features, code, and content (excluding Your Data), is owned by HyperFab and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any part of the Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELDX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

Our total liability for any claim arising from the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless HyperFab from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service or violation of these Terms.

10. Termination

Either party may terminate the subscription at any time. Upon termination, your access to the Service will cease. We will retain Your Data for 30 days after termination, after which it may be permanently deleted.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of San Diego County, California.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms? Contact us at support@weldx.ai