LEGAL
Terms of Service
Effective date: August 26, 2026
These Terms of Service (the "Agreement") govern access to and use of the HyperOrbit platform and agents. By executing an Order that references this Agreement, or by accessing the Service, you ("Customer") accept these terms. If you are accepting on behalf of an organization, you represent that you have authority to bind it.
1. Definitions
1.1 "Agent" means any autonomous or semi-autonomous software agent made available as part of the Service, including the Voice of Customer Agent ("VoC Agent"), the Competitive Intelligence Agent ("CI Agent"), and Ask Orbit.
1.2 "Agent Output" means any insight, summary, classification, score, recommendation, draft, report, or action proposal produced by an Agent.
1.3 "Confidential Information" means non-public information disclosed by one party to the other that is marked confidential, or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Customer Data is Customer's Confidential Information. HyperOrbit's Confidential Information includes the Platform, the Documentation, non-public product roadmaps, and the commercial terms of any Order.
1.4 "Connected Source" means any third-party application, dataset, or service that Customer authorizes HyperOrbit to read from or write to on Customer's behalf, operated by a "Third-Party Provider."
1.5 "Customer Data" means data Customer submits to the Service or authorizes HyperOrbit to retrieve from a Connected Source, including customer feedback, support conversations, survey responses, review content, transcripts, and associated metadata.
1.6 "Documentation" means the user guides, help articles, and technical materials HyperOrbit makes available describing the Service.
1.7 "Order" means a written ordering document signed or otherwise accepted by both parties that references this Agreement and specifies the Service tier, seat count, term, and fees.
1.8 "Platform" means the software, models, infrastructure, and systems HyperOrbit uses to deliver the Service.
1.9 "Public Source Data" means information the CI Agent collects from publicly accessible sources — competitor websites, app stores, review sites, job listings, press coverage, and similar — as configured by Customer.
1.10 "Service" means the hosted HyperOrbit offering described in the applicable Order, including the Agents and Platform.
1.11 "User" means an individual authorized by Customer to access the Service under Customer's account.
2. The Service
2.1 Grant. Subject to this Agreement and payment of applicable fees, HyperOrbit grants Customer a non-exclusive, non-transferable, non-sublicensable right for its Users to access and use the Service during the Subscription Term for Customer's internal business purposes.
2.2 Scope. The subscription does not permit Customer to resell the Service, operate a service bureau, or use the Service to deliver analysis as a commercial offering to third parties, unless the Order expressly says otherwise.
2.3 Changes to the Service. HyperOrbit may modify or improve the Service over time. HyperOrbit will not materially reduce the core functionality Customer subscribed to during a paid Subscription Term without notice and a reasonable equivalent.
2.4 Evaluation and free tools. HyperOrbit may make certain tools, trials, or gated features available at no charge. These are provided as-is, without warranty, support commitment, or availability target, and HyperOrbit may modify or discontinue them at any time. Sections 9 and 11 apply in full to free offerings; Section 10.1 does not.
3. Onboarding and Support
3.1 Onboarding. HyperOrbit will use commercially reasonable efforts to assist with initial configuration, including connecting Customer's sources, establishing an initial feedback taxonomy, defining the competitor set for the CI Agent, and setting Agent autonomy levels. Onboarding is delivered remotely and is subject to any hours cap stated in the Order. Customer will cooperate reasonably and respond to HyperOrbit's requests in a timely way.
3.2 Support. Support terms, availability targets, and service credits are set out in Schedule 1.
4. Customer Responsibilities
4.1 Accounts and credentials. Each User accesses the Service through a named account. Customer is responsible for safeguarding account credentials, API keys, and tokens, and for activity occurring under them, except to the extent caused by HyperOrbit's negligence or willful misconduct. Customer will notify HyperOrbit promptly of any suspected unauthorized access. HyperOrbit may access Customer's workspace where reasonably necessary to deliver support or investigate a security event, subject to Section 6.
4.2 Acceptable use. Customer will not, and will not permit any User or third party to:
(a) attempt to access another customer's data or environment;
(b) reverse engineer, decompile, or attempt to derive the source code, model weights, or underlying architecture of the Platform;
(c) use the Service to build, train, or benchmark a competing product;
(d) interfere with the operation, integrity, or security of the Service, or circumvent rate limits, usage caps, or access controls;
(e) submit content that infringes third-party rights, contains malicious code, or violates applicable law;
(f) submit protected health information, payment card data, government identification numbers, or data relating to children under 13, unless expressly agreed in writing;
(g) use Agent Output to make decisions with legal or similarly significant effects on an individual without meaningful human review; or
(h) resell, sublicense, or otherwise make the Service available to third parties outside the scope of Section 2.
4.3 Regulated data and eligibility. The Service is not designed or certified for use with data subject to sector-specific regimes including HIPAA, GLBA, FISMA, PCI-DSS, or equivalent laws in other jurisdictions, and HyperOrbit is not acting as a business associate or comparable regulated processor unless expressly agreed in a signed addendum. Customer will not route such data into the Service absent that agreement. Users must be at least 18 years old.
4.4 Connected Sources.
(a) Authorization. By connecting a source, Customer represents that it is entitled to grant HyperOrbit access to that account and the data within it, that doing so does not breach Customer's agreement with the Third-Party Provider, and that no additional fees or usage restrictions are thereby imposed on HyperOrbit. Customer is responsible for obtaining any consents or notices required under applicable privacy law before routing personal data into the Service.
(b) Scope of access. HyperOrbit accesses only the sources and channels Customer explicitly authorizes. Where a Connected Source distinguishes public from private areas, HyperOrbit does not access private areas by default; Customer must take an affirmative step to grant access to each.
(c) Availability. Third-Party Providers control their own APIs, rate limits, and platform policies. HyperOrbit is not liable for a Connected Source becoming unavailable, changing its terms, or being discontinued, and may suspend an integration where continuing would breach a Third-Party Provider's terms.
5. Agent Behaviour, Autonomy, and Output
This section reflects the fact that the Service is agentic. Customer should read it carefully.
5.1 Autonomy modes. The Service allows Customer to configure how much independence each Agent has, ranging from proposal-only (the Agent recommends; a human approves) through semi-automatic to automatic execution of defined actions. Customer is solely responsible for its choice of autonomy mode, for the scope of permissions granted to each Agent, and for the consequences of actions an Agent takes within those permissions.
5.2 Accuracy. Agent Output is generated using machine learning and large language models. It may be incomplete, out of date, or wrong, including in ways that appear confident and plausible. Customer will not rely on Agent Output as the sole basis for any material business, legal, financial, employment, or public-facing decision, and will apply human review proportionate to the stakes involved.
5.3 Competitive intelligence. The CI Agent collects and analyses Public Source Data. HyperOrbit does not warrant the accuracy, completeness, or currency of Public Source Data, nor that it is free of third-party rights. Customer is responsible for how it uses CI Agent output, including any external publication, and will not use the Service to obtain trade secrets, circumvent technical access controls, or misrepresent a competitor. Customer is responsible for compliance with competition, advertising, and unfair-practices law in any jurisdiction where it publishes competitive claims derived from the Service.
5.4 Actions in Connected Sources. Where Customer authorizes an Agent to write, post, ticket, tag, message, or otherwise act in a Connected Source, those actions are taken as Customer's agent and on Customer's authority. Customer is responsible for reviewing its action configurations and for maintaining appropriate approval gates.
5.5 Model providers. HyperOrbit uses third-party model providers to deliver parts of the Service and may change providers over time. HyperOrbit will contractually prohibit its model providers from training on Customer Data. HyperOrbit will provide notice of material changes and Customer may object on reasonable data-protection grounds.
6. Confidentiality and Security
6.1 Obligations. Each party will use the other's Confidential Information only as needed to perform under this Agreement, will limit access to personnel and contractors with a need to know who are bound by comparable obligations, and will protect it with at least reasonable care. On termination, the receiving party will return or destroy the disclosing party's Confidential Information, subject to routine backup retention and legal record-keeping.
6.2 Exclusions. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was rightfully known before disclosure, is rightfully received from a third party without restriction, or is independently developed without reference to the disclosing party's Confidential Information. Disclosure compelled by law is permitted, with prior notice to the disclosing party where legally allowed.
6.3 Security programme. HyperOrbit will maintain a written information security programme with administrative, technical, and physical safeguards appropriate to the sensitivity of Customer Data, designed to protect its confidentiality, integrity, and availability, and to guard against unauthorized access, loss, or alteration. On request, HyperOrbit will provide its then-current security documentation or third-party audit report, if available.
6.4 Incidents. HyperOrbit will notify Customer without undue delay after becoming aware of a security incident affecting Customer Data, and will provide reasonable information and cooperation as the investigation progresses.
6.5 Data protection. Where HyperOrbit processes personal data on Customer's behalf, the parties' respective roles and obligations are set out in the Data Processing Addendum, which is incorporated by reference.
7. Ownership and Data Rights
7.1 HyperOrbit IP. HyperOrbit retains all right, title, and interest in the Platform, the Agents, the Documentation, and all associated intellectual property, including any improvements or derivative works. No rights are granted except those expressly stated here.
7.2 Customer Data. Customer retains all right, title, and interest in Customer Data. Customer grants HyperOrbit a non-exclusive, worldwide, royalty-free licence to host, process, transmit, and analyse Customer Data solely to provide, secure, and support the Service.
7.3 Aggregated data. HyperOrbit may generate and use aggregated, de-identified statistical data derived from use of the Service — data that does not identify Customer, any User, or any individual, and from which Customer Data cannot be reconstructed — to operate, secure, benchmark, and improve the Service. HyperOrbit will not use Customer Data to train foundation models, and will not permit its model providers to do so.
7.4 Agent Output. As between the parties, Customer owns Agent Output generated from its Customer Data, subject to HyperOrbit's rights in the Platform. Because Agents may produce similar output for different customers from similar inputs, Customer's ownership does not extend to output that is not unique to it.
7.5 Feedback. If Customer or a User provides suggestions or feature requests, HyperOrbit may use them without restriction or obligation. HyperOrbit will not identify Customer as the source.
7.6 Retention and deletion. Raw content retrieved from Connected Sources is retained only as long as needed to deliver the Service and for 90 days thereafter. Customer may request deletion of specific Customer Data at any time; HyperOrbit will comply within 30 days, subject to backup cycles and legal retention requirements. Derived insights that no longer contain Customer Data may persist unless Customer requests their removal.
8. Fees and Payment
8.1 Fees. Customer will pay the fees stated in the Order. Unless the Order says otherwise, fees are invoiced annually in advance and payable within thirty (30) days of invoice date.
8.2 Taxes. Fees are exclusive of taxes, duties, and withholdings, other than taxes on HyperOrbit's income. Customer is responsible for all such amounts. Where withholding is required by law, Customer will gross up so HyperOrbit receives the invoiced amount.
8.3 Overdue amounts. HyperOrbit may charge interest on overdue amounts at the lower of 1.5% per month or the maximum permitted by law, and may suspend the Service on ten (10) days' written notice if any undisputed invoice is more than thirty (30) days overdue. Suspension does not relieve Customer of payment obligations.
8.4 Billing information. Customer will keep its billing and notice contacts current.
9. Term and Termination
9.1 Agreement term. This Agreement begins on the effective date of the first Order and continues until all Orders have expired or been terminated.
9.2 Subscription term. Unless the Order says otherwise, each Order has an initial term of one (1) year and renews for successive one-year terms unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term. HyperOrbit may adjust renewal fees on at least sixty (60) days' written notice before the renewal date.
9.3 Termination for cause. Either party may terminate this Agreement or an affected Order on written notice if the other materially breaches and fails to cure within thirty (30) days of notice.
9.4 Effect of termination. On expiry or termination: (a) Customer's access to the Service ends; (b) undisputed amounts owed become immediately due; (c) HyperOrbit disconnects all Connected Sources and stops processing new data; and (d) each party returns or destroys the other's Confidential Information. HyperOrbit will make Customer Data available for export for thirty (30) days after termination, after which it will be deleted in the ordinary course.
9.5 Survival. Sections 1, 4.2, 5.2–5.4, 6, 7, 8, 9.4, 9.5, 10.2, 11, 12, and 13 survive termination.
10. Warranties and Disclaimers
10.1 Limited warranty. During a paid Subscription Term, HyperOrbit warrants that the Service will operate substantially as described in the Documentation. If it does not, Customer's exclusive remedy is for HyperOrbit to use commercially reasonable efforts to correct the non-conformity under Schedule 1, and if it cannot do so within a reasonable period, to terminate the affected Order and refund prepaid, unused fees.
10.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 10.1, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, THE PLATFORM, THE AGENTS, AGENT OUTPUT, AND THE DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." HYPERORBIT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HYPERORBIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AGENT OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
11. Indemnification
11.1 By HyperOrbit. HyperOrbit will defend Customer against any third-party claim that the Service, as provided and used in accordance with this Agreement, infringes that third party's intellectual property rights, and will pay damages finally awarded or agreed in settlement. If the Service becomes, or in HyperOrbit's judgement is likely to become, subject to such a claim, HyperOrbit may at its option procure the right to continue use, modify the Service to be non-infringing while preserving comparable functionality, or terminate the affected Order and refund prepaid, unused fees. This section does not apply to claims arising from Customer Data, Public Source Data, Connected Sources, modifications not made by HyperOrbit, or use outside this Agreement.
11.2 By Customer. Customer will defend HyperOrbit against any third-party claim arising from Customer Data, Customer's breach of Sections 4.2, 4.4, or 5.3, or Customer's use or publication of Agent Output, and will pay damages finally awarded or agreed in settlement.
11.3 Procedure. The party seeking indemnity must promptly notify the other in writing, give the indemnifying party sole control of the defence and settlement (provided no settlement imposes non-monetary obligations without consent, not to be unreasonably withheld), and provide reasonable cooperation at the indemnifying party's expense.
12. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY.
EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THESE LIMITATIONS DO NOT APPLY TO: CUSTOMER'S PAYMENT OBLIGATIONS; EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11; BREACH OF CONFIDENTIALITY UNDER SECTION 6; OR EITHER PARTY'S FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.
THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND THAT THE FEES REFLECT THEM.
13. General
13.1 Publicity. HyperOrbit may identify Customer by name and logo as a customer on its website and in marketing materials. Customer may withdraw this permission on written notice.
13.2 Assignment. Neither party may assign this Agreement without the other's written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. Any other attempted assignment is void.
13.3 Subcontractors. HyperOrbit may engage subcontractors and subprocessors to deliver the Service and remains responsible for their performance.
13.4 Governing law and disputes. This Agreement is governed by the laws of Singapore, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
Before initiating formal proceedings, the parties will attempt to resolve any dispute through good-faith negotiation between senior representatives for thirty (30) days after written notice. If unresolved, and except for claims seeking injunctive relief or concerning intellectual property rights, the dispute will be finally resolved by binding arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the SIAC Rules for the time being in force, which rules are deemed incorporated by reference in this paragraph. The tribunal will consist of a single arbitrator. The seat of the arbitration is Singapore, and the arbitration will be conducted in English. Arbitration is limited to the parties individually; no dispute may be consolidated, joined, or brought on a class or representative basis.
No claim arising out of this Agreement may be brought more than two (2) years after the cause of action accrued.
13.5 Export controls and sanctions. Each party will comply with applicable export control, economic sanctions, and anti-corruption laws. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, and is not listed on any applicable restricted-party list, and will not permit access to the Service by any such person.
13.6 Electronic communications and signatures. The parties consent to transact electronically. Orders, notices, and amendments delivered by email or executed through electronic signature satisfy any requirement that they be in writing and signed, and neither party will contest their validity on that basis.
13.7 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, excluding payment obligations.
13.8 Notices. Notices must be in writing and delivered personally, by recognized courier, or by email to the contacts stated in the Order, and are effective on receipt.
13.9 Entire agreement. This Agreement, together with any Orders, schedules, and the DPA, is the entire agreement between the parties and supersedes all prior understandings. Any purchase order terms are of no effect. Amendments must be in writing and signed by both parties. In a conflict, the Order controls over this Agreement, and this Agreement controls over any schedule.
13.10 Severability and waiver. If any provision is held unenforceable, the rest remains in effect. A failure to enforce is not a waiver.
13.11 Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
13.12 Counterparts. This Agreement may be executed in counterparts, including electronically, each of which is an original.
Schedule 1 — Support and Service Levels
1. Support. HyperOrbit will use commercially reasonable efforts to maintain the security of the Service and to provide email and in-app support Monday through Friday, 12 Hours IST0, excluding public holidays. HyperOrbit will use commercially reasonable efforts to correct reported Errors, using remote diagnosis where possible. An "Error" means a reproducible failure of the Service to conform substantially to the Documentation. Not all Errors can be corrected. HyperOrbit may provide updates and enhancements at its discretion.
2. Support exclusions. HyperOrbit has no obligation for: issues that are not Errors; problems caused by Customer's network, hardware, or software; misuse or unauthorized use of the Service; problems caused by Connected Sources or other third-party products; or variation in Agent Output that falls within the normal behaviour of probabilistic models. Reliance on Agent Output remains Customer's responsibility under Section 5.2.
3. Availability. The Service will be available at least 99.5% of the time in any calendar month, calculated as:
Availability % = 100% × (Total Minutes in Month − Unavailable Minutes in Month) ÷ Total Minutes in Month
Unavailable Minutes exclude scheduled maintenance, emergency maintenance for critical issues, and downtime caused by Customer, its vendors, Connected Sources, or events beyond HyperOrbit's reasonable control. HyperOrbit will use reasonable efforts to give advance email notice of scheduled maintenance.
4. Service credits. For each unexcused outage lasting more than eight (8) continuous hours, Customer is entitled to a credit of 5% of the monthly fee, with no more than one credit per calendar month and no more than one month's fees in credits in any calendar month. Customer must request the credit in writing within 7 days of the outage. Credits are the sole and exclusive remedy for unavailability, are not redeemable for cash, and apply to the month in which the outage occurred. Blocking of traffic or suspension in accordance with this Agreement is not downtime.
