Terms of Service.

The agreement covering the Hyperscale website, the Hyperscale platform, and how the Terms themselves are maintained.

These terms cover the public website and the private-preview platform. They explain account duties, acceptable use, intellectual property, service limits, and how Hyperscale publishes changes to the agreement.

Hyperscale is the foundation for what gets built next. A founder describes a company in one sentence, and Hyperscale builds its foundation on a licensed bank partner. The founder works in the portal with the Architect. Developers can use the CLI, Product API, generated SDKs, or MCP. Every state change records who asked, what ran, and the result in a receipt. Hyperscale is not a bank and never holds a tenant's money under its own name.

Every Product starts in a sandbox with test identities, provider simulators, and play money. No tenant is live today. The current systems connect to no real bank infrastructure. Moving a future Product to live use requires a separate Product Activation review, identity checks, provider approval, and billing readiness. The bank partner would perform every regulated money movement.

Effective 10 October 2026

These Terms of Service (the "Terms") are an agreement between Hyperscale LLC ("Hyperscale") and the person or business accessing the Hyperscale website or using the Hyperscale platform. The Terms have three parts.

The current environments are test environments. No real bank infrastructure is connected. Hyperscale is not a bank or money handler.

Part A governs use of the Hyperscale website. Part B governs use of the Hyperscale platform and services. Part C explains how these Terms are maintained.

Part A: Website Terms of Use

These Website Terms of Use apply to your access to and use of hyperscale0.ai and any other website Hyperscale operates that links to these Terms (the "Site"). By using the Site, you agree to this Part A. If you create a Hyperscale account or use the Services, Part B also applies to you.

A1. Eligibility

You may use the Site only if you are at least 18 years old and capable of forming a binding contract. You must not use the Site if applicable law prohibits you from doing so.

A2. License to use the Site

Hyperscale grants you a limited, revocable, non-exclusive, non-transferable license to access the Site and to view its content for your internal business evaluation and informational purposes. This license does not include any right to resell Site content, to use the Site for a competing service, or to use the Site in any way these Terms prohibit.

A3. Ownership

Hyperscale and its licensors own the Site and everything on it, including text, designs, graphics, interfaces, code, and the selection and arrangement of content. The Hyperscale name, logo, and product names are marks of Hyperscale. Nothing in these Terms transfers any ownership right to you, and you must not use Hyperscale's marks without prior written permission.

A4. Prohibited uses of the Site

You must not:

Hyperscale may investigate suspected violations and may suspend or block access to the Site at any time, in its sole discretion.

A5. Third-party links

The Site may link to third-party websites and resources. Hyperscale provides these links for convenience only, does not control them, and is not responsible for their content or practices. Your use of a third-party site is at your own risk and subject to that site's terms.

A6. Changes to the Site and to Part A

Hyperscale may change, suspend, or discontinue any part of the Site at any time. Hyperscale may update this Part A by posting a revised version on the Site. Your continued use of the Site after a revised version is posted means you accept the revision.

Part B: Platform Services Terms

This Part B is a binding agreement between Hyperscale and the business entity that creates a Hyperscale account (the "Customer"). The person accepting these Terms for Customer represents that they are authorized to bind Customer. Capitalized terms are defined in Section 17.

1. The Services

1.1. Hyperscale provides a financial infrastructure platform that lets Customer compose, configure, and operate financial products, including accounts, payments, payouts, billing, insurance workflows, and compliance workflows (the "Services"). Hyperscale delivers the Services in the Kingdom of Saudi Arabia, in Saudi Riyals only, working with Financial Partners. Hyperscale enables banking and financial services; it does not replace Customer's banking relationships and does not itself hold Customer funds except as described in Section 5.

1.2. Customer must use the Services in accordance with the Documentation. The Documentation describes how each Service works, its limits, and its intended use. Use of a Service outside the Documentation is unsupported and at Customer's risk.

1.3. The Services are for business use only. Customer must not use the Services for personal, family, or household purposes.

1.4. Hyperscale provides both a sandbox environment and a live environment. The sandbox simulates the Services for development and testing; nothing that happens in the sandbox moves money, creates a real financial product, or creates any obligation of a Financial Partner. Customer must not use the sandbox to process real transactions or real personal data, and must not use the live environment for testing in ways the Documentation prohibits.

1.5. Hyperscale may make preview, beta, or early-access features available. These features are provided "as is", may change or be withdrawn at any time without notice, and are excluded from any service commitments Hyperscale makes elsewhere. Customer uses them at its own risk.

1.6. Hyperscale may modify the Services from time to time, including to add, change, or retire features. If a modification materially reduces the core functionality of a Service Customer uses, Hyperscale will give Customer reasonable prior notice through the dashboard or by email, except where a change is required by law or a Financial Partner on shorter notice.

1.7. The Services may interoperate with products and services provided by third parties that are not Financial Partners. Customer's use of any third-party service is governed by Customer's agreement with that third party and is at Customer's own risk. Hyperscale is not responsible for third-party services.

1.8. Hyperscale provides infrastructure, not oversight of Customer's business. Except where these Terms or applicable law expressly require otherwise, Hyperscale has no obligation to monitor, review, or evaluate the legality, accuracy, or commercial merit of Customer's transactions, of Customer's products, or of any End User's use of them, and no failure to detect an issue transfers responsibility for it to Hyperscale.

1.9. Hyperscale is a technology and infrastructure company. Hyperscale is not a bank, does not accept deposits, and does not conduct banking business. Regulated financial services connected with the Services are provided by Financial Partners licensed and supervised by the Saudi Central Bank (SAMA) or another competent authority. Nothing on the Hyperscale website or in the Documentation is an offer of a regulated financial service by Hyperscale itself.

2. Accounts, verification, and program responsibilities

2.1. To use the Services, Customer must create a Hyperscale account and provide the information Hyperscale requests, in a form satisfactory to Hyperscale. This includes information about Customer's business, its legal status, its ownership and control, its directors and officers, the nature and sources of its activity, and the purposes for which it will use the Services.

2.2. Hyperscale and its Financial Partners rely on this information to decide whether to provide the Services, which Services to provide, and on what conditions. Hyperscale may require additional information or documents at any time, including after activation, and may condition continued access on receiving them.

2.3. Customer must keep all account information accurate, complete, and current at all times. Customer must notify Hyperscale immediately, and in any case within 30 days, if any of the following occurs:

2.4. If Customer does not respond to a verification or information request within a reasonable period stated in the request, Hyperscale may suspend some or all of the Services until Customer responds and the information is verified.

2.5. Hyperscale may decline to open an account, and may decline or condition access to any Service, in its sole discretion, except where applicable law requires otherwise. Approval of an account or a Service is not a representation about Customer's business and does not obligate Hyperscale or any Financial Partner to continue providing any Service.

2.6. Customer owns its relationships with End Users and everything those relationships require. Without limiting that ownership, Customer must: (a) present to each End User, before onboarding them, all agreements and disclosures that applicable law, a Financial Partner, or Hyperscale requires, including any terms Hyperscale prescribes for products operated through the Services; (b) perform know your customer and know your business verification, sanctions screening, anti money laundering monitoring, and fraud monitoring on its End Users to the standard applicable law and the relevant Financial Partner require; (c) provide End Users with support, dispute intake, and complaint handling for the products Customer operates; and (d) keep records of End User authorizations and produce them to Hyperscale promptly on request. These are Customer's own independent obligations. Nothing in these Terms transfers to Customer any regulatory obligation that law imposes on Hyperscale itself, and nothing transfers Customer's obligations to Hyperscale. Where a Financial Partner relies on information Customer or Hyperscale collects, that reliance does not transfer the Financial Partner's own statutory due diligence responsibilities, which remain with the Financial Partner under the Saudi Anti-Money Laundering Law and its Implementing Regulations; Customer must make the underlying verification records available without delay whenever Hyperscale or a Financial Partner requests them.

2.7. Customer must maintain documentation showing its compliance with Section 2.6 and Section 3, retain it for at least ten years from the date of the relevant transaction or the end of the relevant relationship, whichever is later, consistent with the record retention periods of the Saudi Anti-Money Laundering Law, and produce it to Hyperscale within five business days of a request. Hyperscale, a Financial Partner, or an auditor either appoints may audit Customer's compliance with these Terms on not less than ten business days notice, no more than once in any twelve month period unless an audit follows an incident, a regulatory request, or a reasonable suspicion of breach. Customer must cooperate with any examination or information request that a Financial Partner or a regulator directs at Customer's use of the Services, and must permit the unrestricted and timely access to records that SAMA's outsourcing and third party rules require of arrangements connected with a Financial Partner.

3. Prohibited and restricted businesses

3.1. Certain categories of business and activity may not use the Services at all ("Prohibited Businesses"). Other categories may use the Services only with Hyperscale's prior written approval ("Restricted Businesses"). Both categories are listed in the Hyperscale Prohibited and Restricted Businesses List, which is incorporated into these Terms by reference and which Hyperscale may update from time to time.

3.2. Approval to operate a Restricted Business is granted in Hyperscale's sole discretion, may be limited to specific Services, may carry additional conditions, and may be revoked if circumstances change, including where a Financial Partner withdraws support.

3.3. Customer must not use the Services, and must not permit any End User to use financial products Customer operates through the Services, for any Prohibited Business, for any Restricted Business without approval, or for any activity that Hyperscale considers unfair, deceptive, or predatory, or that a Financial Partner or applicable law does not permit.

3.4. Customer must notify Hyperscale before entering a line of business that could fall within the Prohibited and Restricted Businesses List. If Hyperscale determines that Customer's activity falls within the List, Hyperscale may suspend or terminate the affected Services under Section 14.

3.5. Customer warrants that it acts for its own account and is the true beneficiary of the Services, and that it does not use the Services for money laundering, terrorism financing, or any other unlawful activity. Customer must not use the Services to send or receive funds connected with a person, country, or territory subject to comprehensive sanctions, or that applicable law or a Financial Partner prohibits. Hyperscale may suspend or terminate the Services immediately on receiving a notification or order from a competent judicial, enforcement, or regulatory authority.

4. Financial Partners

4.1. "Financial Partner" means a bank, licensed financial institution, payment network, card scheme, insurer, or other regulated entity through which Hyperscale enables the Services. Hyperscale will identify the Financial Partners relevant to a Service in the Documentation or the dashboard where required.

4.2. Each Financial Partner operates under its own legal and regulatory obligations and its own operating rules. Where Customer's use of a Service depends on a Financial Partner, the applicable Financial Partner terms and scheme rules are incorporated into these Terms by reference, and Customer must comply with them. If a Financial Partner or a scheme changes its rules, or a legal requirement applicable to a Financial Partner changes, the change flows through to Customer automatically and becomes part of Customer's obligations when Hyperscale posts or notifies it.

4.3. A Financial Partner may require Hyperscale to suspend, condition, or terminate Customer's access to a Service, and Hyperscale may act on that requirement without liability to Customer.

4.4. These Terms do not create any agency, partnership, joint venture, employment, fiduciary, or trust relationship between Customer and Hyperscale, or between Customer and any Financial Partner. Hyperscale is not Customer's agent, and Customer is not Hyperscale's agent or the agent of any Financial Partner.

5. Funds

5.1. Funds connected with Customer's use of the Services are held and moved through Financial Partners that are banks or otherwise licensed to hold and transfer funds. Hyperscale directs and reconciles those movements as part of the Services.

5.2. Hyperscale does not owe Customer interest or any other return on funds held in connection with the Services, including on balances and Reserves, unless a product schedule expressly says otherwise.

5.3. Hyperscale may establish a reserve ("Reserve") where it reasonably determines one is needed to cover actual or anticipated liabilities arising from Customer's use of the Services, including disputes, refunds, reversals, fines, and unpaid Fees. Hyperscale will notify Customer of the Reserve's terms, which may change as risk changes. Hyperscale may fund a Reserve by withholding amounts otherwise payable to Customer, by requiring Customer to deposit funds, or by setoff.

5.4. Customer grants Hyperscale a security interest in, and a right of setoff against, funds held in connection with the Services, including Reserves, to secure amounts Customer owes under these Terms. Hyperscale may deduct or set off amounts Customer owes from those funds without prior notice, and will report each deduction in the dashboard. Setoff applies to any liability of Customer to Hyperscale, whether present, future, or contingent.

5.5. Every credit to a balance connected with the Services is provisional until the underlying transaction settles finally under the rules of the relevant Financial Partner or payment system. If a transaction is returned, reversed, disputed, or fails to settle, Hyperscale may recover the credited amount immediately and without prior notice, including by debiting a balance into deficit, and Customer must repay any resulting deficit on demand together with the reasonable costs of recovery.

5.6. Hyperscale and the Financial Partners execute payment instructions solely on the identifiers Customer supplies, such as account numbers and bank identifiers, and may rely on those identifiers even if they identify a person or account different from the one Customer named. Hyperscale has no duty to review an instruction for errors, inconsistencies, or duplicates. Losses from misdirected or erroneous instructions rest with Customer, except to the extent caused by Hyperscale's gross negligence, willful misconduct, or fraud.

5.7. Where a Financial Partner or applicable law requires funds connected with the Services to be held in a segregated or safeguarding arrangement, those funds are held under that arrangement and do not form part of Hyperscale's own assets. The Documentation describes the arrangement that applies to each Service.

6. Fees and taxes

6.1. Customer must pay the fees for the Services ("Fees") shown for Customer's account in the Hyperscale CLI and Launch at the time they apply, or as set out in an order form or product schedule agreed with Hyperscale. Hyperscale is the seller of record for its own platform Fees.

6.2. Hyperscale may collect Fees by deducting them from funds held or payable in connection with the Services, by charging a payment method Customer has registered, or by invoice payable within 30 days. Customer must maintain a valid payment method where the Documentation requires one.

6.3. Hyperscale may change Fees or introduce new Fees with at least 30 days notice through the dashboard or by email. Continued use of the affected Service after the change takes effect means Customer accepts the changed Fees. If Customer does not accept a change, Customer may stop using the affected Service before the change takes effect.

6.4. Fees are exclusive of taxes. Customer must pay all taxes, levies, and duties imposed on its use of the Services, including value added tax, excluding taxes on Hyperscale's net income. If Customer must withhold any tax from a payment to Hyperscale, Customer must gross up the payment so Hyperscale receives the amount it would have received without the withholding.

6.5. Fees are charges for services. Hyperscale does not charge or pay interest, and no Fee and no other amount payable under these Terms constitutes interest. Hyperscale does not impose interest based late payment charges; where an amount is overdue, Hyperscale's remedies are those stated in these Terms, including setoff, suspension, and recovery of its reasonable costs.

7. Customer data and privacy

7.1. The Hyperscale Data Processing Agreement (the "DPA") is incorporated into these Terms by reference and governs the processing of personal data under these Terms. The Hyperscale Privacy Policy describes how Hyperscale handles personal data it controls, and the Hyperscale Security page describes the platform's security controls.

7.2. Customer warrants that it has provided all notices to, and obtained all consents and permissions from, End Users and other data subjects that are required for Hyperscale and the Financial Partners to collect, use, and disclose their data as these Terms and the Documentation contemplate.

7.3. Customer must notify Hyperscale immediately after becoming aware of any unauthorized access to or disclosure of data related to the Services, and must cooperate with Hyperscale to investigate and remediate the incident.

7.4. Each party must implement and maintain reasonable administrative, technical, and physical safeguards, appropriate to the nature of the data, to protect data related to the Services against unauthorized access, use, and disclosure.

8. Customer security obligations

8.1. Customer is responsible for the custody and proper use of all credentials associated with its account, including passwords, API keys, and signing secrets. Customer must keep credentials confidential, restrict them to persons who need them, and rotate or revoke them promptly when a person no longer needs access or when compromise is suspected.

8.2. Customer bears all losses that result from unauthorized use of its credentials or account, except to the extent the losses are caused by Hyperscale's gross negligence, willful misconduct, or fraud.

8.3. Hyperscale may rely on, and treat as authorized by Customer, any instruction, API call, or configuration change made through Customer's account using valid credentials. Customer must notify Hyperscale immediately if it suspects its account or credentials are compromised.

8.4. The authentication and confirmation procedures the Documentation describes, including credential authentication, two factor authentication where enabled, and explicit confirmation of live money operations, are security procedures agreed between the parties. Customer agrees that these procedures are a commercially reasonable method of verifying that an instruction is authentic, and that their purpose is to verify authenticity, not to detect errors in an instruction's content. An instruction accepted by Hyperscale in good faith after passing the agreed security procedures is effective as Customer's instruction, whether or not it was actually authorized and regardless of who in fact sent it, and Customer bears the resulting losses except to the extent caused by Hyperscale's gross negligence, willful misconduct, or fraud.

8.5. Customer must monitor its account activity and reconcile all transactions and balances against the records Hyperscale provides, at least as often as the Documentation recommends. Customer must report a suspected unauthorized, erroneous, or duplicated transaction to Hyperscale immediately after Customer knows of it or reasonably should have known of it. Prompt reporting under this Section is a condition of any claim relating to the transaction, to the extent the delay increased the loss or prevented its recovery.

9. Intellectual property and licenses

9.1. The Services, the Documentation, and all related software and technology are licensed, not sold. Hyperscale grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the term of these Terms to access and use the Services and Documentation for Customer's internal business purposes, in accordance with these Terms.

9.2. Customer must not, and must not permit anyone to: reverse engineer, decompile, or disassemble any part of the Services except to the extent applicable law expressly permits despite this restriction; copy or create derivative works of the Services; sublicense, rent, or resell the Services except as the Documentation expressly permits; or remove or alter any proprietary notice.

9.3. If Customer provides Hyperscale with feedback, suggestions, or ideas about the Services, Customer assigns to Hyperscale all rights in that feedback, and Hyperscale may use it without restriction or obligation.

9.4. Customer retains all rights in the content, data, and materials Customer submits to the Services ("Customer Content"). Customer grants Hyperscale a worldwide, non-exclusive, royalty-free license to use, host, copy, transmit, and display Customer Content solely to provide, secure, and improve the operation of the Services, to comply with law, and to meet Financial Partner requirements.

9.5. The Services may include open-source components. Each open-source component is governed by its own license, and nothing in these Terms limits Customer's rights, or grants Customer rights, that the applicable open-source license reserves or grants.

9.6. Each party grants the other a limited, non-exclusive license to use its name and marks solely as needed to perform under these Terms. Hyperscale may identify Customer by name and logo as a Hyperscale customer in customer lists and marketing materials, and will stop a particular use on Customer's reasonable written request.

9.7. Hyperscale publishes some of its source code, language specifications, schemas, standard libraries, documentation, contracts, and tools, including HSX, UDL, and ADL, under the Hyperscale Intellectual Property and Copyright License. That license, not these Terms, governs those published materials; a copy accompanies every published repository and package. It is not an open-source license: Hyperscale keeps all ownership, and it does not permit building a product that competes with the Services. Nothing published places any part of Hyperscale in the public domain.

10. Confidentiality

10.1. "Confidential Information" means non-public information one party (the "Discloser") makes available to the other (the "Recipient") that is marked confidential or that a reasonable person would understand to be confidential, including business plans, technical information, pricing, and the non-public terms of any order form.

10.2. The Recipient must use Confidential Information only to perform under these Terms, must protect it with at least the care it uses for its own similar information and no less than reasonable care, and must not disclose it to anyone except its employees, advisors, and contractors who need it and are bound by obligations at least as protective as this Section.

10.3. Confidential Information does not include information that: (a) is or becomes public through no fault of the Recipient; (b) the Recipient knew before disclosure without a duty of confidentiality; (c) the Recipient receives from a third party without breach of a duty of confidentiality; (d) the Recipient develops independently without using the Discloser's Confidential Information; or (e) the Discloser agrees in writing may be disclosed.

10.4. The Recipient may disclose Confidential Information where law, regulation, or a governmental or judicial order requires it, provided the Recipient gives the Discloser prompt notice where legally permitted and discloses only what is required.

10.5. Hyperscale may disclose Customer's Confidential Information to Financial Partners on a need-to-know basis, for onboarding, risk, compliance, and operation of the Services, under confidentiality obligations consistent with this Section.

11. Warranties and disclaimers

11.1. Each party warrants that it is validly existing, that it has the authority to enter into these Terms, and that its performance under these Terms will comply with applicable law.

11.2. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE". HYPERSCALE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11.3. This disclaimer does not excuse Hyperscale from the obligations it expressly takes on in these Terms, and nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for Hyperscale's own fraud, willful misconduct, or gross negligence.

11.4. Hyperscale does not provide legal, tax, accounting, or regulatory advice. Customer is responsible for its own compliance with the laws and regulations that apply to its business, including its own licensing and registration obligations.

12. Limitation of liability

12.1. Neither party is liable to the other for lost profits, lost revenue, lost data, loss of goodwill, or any indirect, incidental, consequential, special, or punitive damages arising out of or related to these Terms, even if advised of the possibility of those damages.

12.2. Each party's total aggregate liability arising out of or related to these Terms is limited to the total Fees Customer paid to Hyperscale in the 12 months before the event first giving rise to the liability.

12.3. Sections 12.1 and 12.2 do not apply to Excluded Claims. "Excluded Claims" means: (a) a party's fraud, willful misconduct, or gross negligence; (b) Customer's breach of Sections 3 (Prohibited and restricted businesses), 8 (Customer security obligations), or 9.2 (license restrictions); (c) either party's breach of Section 10 (Confidentiality); and (d) each party's indemnification obligations under Section 13.

12.4. Customer is responsible for, and liable to Hyperscale for, all losses arising from disputes, refunds, reversals, chargebacks, and fraudulent or unauthorized transactions connected with financial products Customer operates through the Services, except to the extent caused by Hyperscale's gross negligence, willful misconduct, or fraud. These amounts are not subject to the cap in Section 12.2.

12.5. Nothing in these Terms caps, excludes, or excuses Customer's obligation to pay Fees, taxes, or other amounts due under these Terms.

12.6. In connection with any single payment instruction, Hyperscale's liability will not exceed the amount of that instruction. Customer waives any claim against Hyperscale based on breach of an implied covenant, breach of fiduciary duty, or commercial unreasonableness of an agreed security procedure, in each case except for Excluded Claims under Section 12.3(a).

12.7. CUSTOMER REMAINS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE FINANCIAL TRANSACTION RISKS OF THE PRODUCTS IT OPERATES THROUGH THE SERVICES, INCLUDING INSUFFICIENT FUNDS, RETURNED AND REVERSED TRANSACTIONS, FRAUDULENT TRANSACTIONS, AND TRANSACTIONS RESULTING FROM INCORRECT OR IMPROPER INPUT DATA, EXCEPT TO THE EXTENT A LOSS IS CAUSED BY HYPERSCALE'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

13. Indemnification

13.1. Customer must defend Hyperscale, its affiliates, and its and their officers, directors, and employees against any third-party claim, and indemnify them against resulting losses, damages, penalties, and reasonable costs including legal fees, together with fines and penalties that a payment system, scheme, Financial Partner, or authority imposes on Hyperscale because of Customer, to the extent the claim or amount arises from: (a) Customer's use of the Services in breach of these Terms or applicable law; (b) Customer Content; (c) Customer's products, services, or relationships with End Users; (d) Customer's breach of Section 3; or (e) instructions submitted through Customer's account or credentials. This obligation does not extend to amounts caused by Hyperscale's own fraud, willful misconduct, or gross negligence.

13.2. Each party (as "Indemnitor") must defend the other (as "Indemnitee") against a third-party claim alleging that technology the Indemnitor provides under these Terms infringes the third party's intellectual property rights, and must indemnify the Indemnitee against amounts finally awarded or agreed in settlement. This obligation does not apply to the extent the claim arises from the Indemnitee's modifications, from combinations the Indemnitor did not supply or require, or from use in breach of these Terms.

13.3. The Indemnitee must give the Indemnitor prompt written notice of the claim, reasonable cooperation at the Indemnitor's expense, and sole control of the defense and settlement, provided the Indemnitor must not settle a claim in a way that admits fault of, or imposes obligations on, the Indemnitee without the Indemnitee's prior written consent. The Indemnitee may participate in the defense with its own counsel at its own expense.

14. Suspension and termination

14.1. Customer may stop using the Services at any time and may close its account through the dashboard or by written notice to Hyperscale.

14.2. Hyperscale may suspend some or all of the Services, or restrict access to funds, immediately and without prior notice where:

Hyperscale will notify Customer of a suspension and its general reasons unless law or a Financial Partner prohibits it, and will lift the suspension when the cause is resolved.

14.3. Either party may terminate these Terms for convenience with at least 30 days written notice. Either party may terminate these Terms for cause if the other party materially breaches them and does not cure the breach within 30 days after written notice describing it. Hyperscale may terminate immediately where a suspension trigger in Section 14.2 is incapable of cure, where a Financial Partner requires termination, or where Customer becomes subject to an insolvency proceeding.

14.4. On termination: Customer must stop using the Services; Hyperscale will settle remaining balances to Customer in accordance with the Documentation and Financial Partner requirements, after deducting amounts Customer owes and any Reserve Hyperscale reasonably maintains for trailing liabilities; and each party must return or destroy the other's Confidential Information on request, except copies retained under law or routine backup.

14.5. Sections 5 (for trailing obligations), 6, 9.3, 10, 11, 12, 13, 14.4, 15, 16, and 17 survive termination, together with any other provision that by its nature should survive.

15. General

15.1. Notices. Hyperscale may give Customer notice through the dashboard or by email to the address on Customer's account. Customer must give Hyperscale notice by email to connect@hyperscale0.ai. Notice is effective when delivered, or when posted in the dashboard.

15.2. Assignment. Customer must not assign or transfer these Terms, in whole or in part, without Hyperscale's prior written consent. Hyperscale may assign these Terms to an affiliate or in connection with a merger, reorganization, or sale of assets, with notice to Customer.

15.3. Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, public health measures, utility or network failures, and failures of Financial Partners caused by such events. The affected party must notify the other within 30 days of the event beginning. If the event continues for more than 60 consecutive days, either party may terminate the affected Services on written notice. This Section does not excuse Customer's payment obligations.

15.4. Entire agreement and order of precedence. These Terms, together with the documents they incorporate by reference and any order form or product schedule, are the entire agreement between the parties about the Services and replace all prior discussions and agreements on that subject. If documents conflict, the order of precedence is: (a) the applicable product schedule or order form; (b) these Terms; (c) documents incorporated by reference.

15.5. Severability and waiver. If a provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted and the remainder stays in effect. A failure to enforce a provision is not a waiver of it.

15.6. Modification. Hyperscale may modify these Terms by posting a revised version on this page. For material changes, Hyperscale will give Customer at least 30 days notice through the dashboard or by email before the revised Terms take effect. Customer's continued use of the Services after the effective date of a revision means Customer accepts it. If Customer does not accept a revision, Customer must stop using the Services and may terminate under Section 14.

15.7. Relationship and third parties. The parties are independent contractors. Except for the persons indemnified under Section 13, these Terms create no rights in any third party. Financial Partners may enforce provisions of these Terms that are expressed to protect them, to the extent applicable law permits.

15.8. Complaints. Customer may raise a complaint through the dashboard or by writing to connect@hyperscale0.ai. Hyperscale will acknowledge the complaint within ten business days, and will give its final response within ten business days after receiving the complete complaint, or within any other period applicable law permits. If Customer is not satisfied with the outcome, Customer may be entitled to refer the complaint to the competent regulatory authority.

16. Governing law and disputes

16.1. These Terms are governed by the laws and regulations of the Kingdom of Saudi Arabia. The mandatory provisions of Saudi law apply regardless of anything else in these Terms, and nothing in these Terms is intended to conflict with them.

16.2. Before starting any formal proceeding, the parties must attempt in good faith to resolve any dispute arising out of or related to these Terms through negotiation between authorized representatives for at least 30 days after one party gives the other written notice of the dispute. This Section does not prevent either party from seeking urgent interim relief.

16.3. Any dispute not resolved under Section 16.2 will be finally resolved by the competent courts in Riyadh, Kingdom of Saudi Arabia.

17. Definitions

Part C: About these Terms

These Terms take effect on 18 July 2026. Hyperscale maintains a version history of these Terms on this page, showing the date and a summary of each change. The version in force when Customer uses the Services is the version that applies to that use.

These Terms are written in English. Where Hyperscale publishes an Arabic version of these Terms, the Arabic version prevails to the extent of any conflict between the two versions.

Third-party technology and attribution

Hyperscale is built with technology from third parties, including Anthropic, OpenAI, Cloudflare, Vercel, NVIDIA, Apple, Google, and Microsoft, together with a large body of open-source software. Where the Site or the Documentation names such a company or shows its logo, the name and logo are marks of their respective owners, are used for identification and attribution only, and do not imply any affiliation with Hyperscale or any sponsorship or endorsement of Hyperscale by the owner. Open-source components remain governed by their own licenses, as Section 9.5 describes.