Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you (“Customer,” “you,” or “your”) and HyperAudit LLC, a limited liability company organized under the laws of the State of Wyoming, United States (“HyperAudit,” “we,” “us,” or “our”), governing your access to and use of the website located at hyperaudit.io, its subdomains, application programming interfaces, and all related products, tools, reports, and services (collectively, the “Service”).

By accessing, purchasing, uploading code to, or otherwise using the Service, or by clicking “I agree” or a similar affirmation, you accept these Terms in full. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree to these Terms, you must not access or use the Service.

• “Audit” means the automated and, where applicable, human-assisted security analysis of submitted code performed by the Service, together with the resulting report.
• “Submitted Code” means any smart contract code, source files, bytecode, repository contents, or related materials you provide to the Service for analysis.
• “Report” means the document or interface output produced by an Audit, including findings, severity classifications, confidence indications, and recommendations.
• “Findings” means individual security issues, risks, observations, or informational items identified in a Report.
• “Free Analysis” means any automated, AI-only analysis provided without charge, including outreach or sample analyses, which does not include human expert review.
• “Paid Audit” means an Audit purchased by you, which may include human expert review as described at the point of sale.
• “Documentation” means published methodology, benchmark results, and descriptions of the Service on hyperaudit.io.

HyperAudit provides automated, artificial-intelligence-assisted security analysis of smart contract code. The Service applies multiple independent analysis passes, an adversarial review step, and established open-source security tooling to identify known categories of vulnerabilities, and produces a Report. Paid Audits may additionally include review by a human expert who verifies findings, confirms or adjusts severity, and removes false positives, as described at the point of sale.

The Service is a diagnostic and analytical tool. It is not a warranty, certification, guarantee, or insurance of any kind. No security analysis — whether performed by automated systems, human experts, or both — can identify all vulnerabilities, errors, or risks in software. The completion of an Audit signifies that an analytical process was performed; it does not signify that the Submitted Code is secure, free of defects, fit for deployment, or safe for any particular use.

• You must be at least eighteen (18) years of age and capable of forming a binding contract to use the Service.
• You are responsible for maintaining the confidentiality of any account credentials and API keys, and for all activity occurring under your account.
• You agree to provide accurate, current, and complete information and to keep it updated.
• You must not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if you are located in, or are a resident of, a jurisdiction subject to comprehensive sanctions.

You represent, warrant, and covenant that:

• You own the Submitted Code or have all rights, licenses, and authorizations necessary to submit it for analysis and to authorize HyperAudit to process it.
• Your submission and use of the Service does not and will not infringe, misappropriate, or violate the intellectual property, privacy, or other rights of any third party.
• You will not use the Service to develop, test, refine, or improve malicious code, exploits, malware, or any code intended to cause harm, nor to analyze code for any unlawful purpose.
• You will not attempt to reverse engineer, decompile, scrape, overload, disrupt, circumvent rate limits or access controls of, or gain unauthorized access to the Service or its underlying models and infrastructure.
• You are solely responsible for your own independent testing, verification, deployment decisions, key management, and post-Audit security practices.
• You understand that you must exercise your own professional judgment in evaluating and acting upon any Finding or recommendation, and that responsibility for deployment of any code remains exclusively yours.

You acknowledge and agree that the Service relies substantially on artificial intelligence and large language models, and that such technology has inherent limitations, including:

• AI systems may produce inaccurate, incomplete, or inconsistent outputs, including false positives (identifying issues that are not genuine) and false negatives (failing to identify genuine issues).
• AI outputs are probabilistic, not deterministic; identical or similar code may produce differing results across analyses.
• Severity classifications, confidence indications, and recommendations represent automated or expert assessments and are not guarantees of accuracy.
• Published detection rates and benchmark results describe historical performance against specific, third-party public test datasets and do not predict, represent, or guarantee performance on your Submitted Code.

You agree not to rely on the Service as the sole or definitive determinant of the security or correctness of any code, and to treat all output as one input among others in your own security process.

• An Audit covers only the specific Submitted Code, in the specific version and scope provided, at the time of analysis. It does not cover dependencies, libraries, external contracts, off-chain components, infrastructure, compilers, or subsequent modifications unless expressly stated.
• An Audit reflects known vulnerability categories and methodologies as of the date performed. New attack vectors, exploits, or vulnerability classes may emerge after delivery.
• A Finding of “no issues”, a passing assessment, a risk score, or a clear result indicates only that the analysis did not identify issues within its scope and methodology; it does not establish the absence of vulnerabilities.
• HyperAudit does not provide legal, financial, investment, accounting, tax, or regulatory advice. No Report constitutes legal advice, a regulatory opinion, a securities determination, or a compliance certification.
• Any re-audit included with a Paid Audit is limited to the originally submitted scope and to verification of remediation of previously reported Findings.

• Fees are as published on hyperaudit.io at the time of purchase. Promotional or discount codes apply solely as stated and may be withdrawn or modified at any time prior to purchase.
• You authorize HyperAudit and its payment processors to charge the applicable fees using your selected payment method. Where payment is made in digital assets, you bear all network fees, exchange-rate risk, and risk of transmission to an incorrect address; on-chain settlement is final once confirmed.
• All fees are stated exclusive of any taxes, which are your responsibility where applicable.
• An Audit commences automatically upon confirmation of payment, at which point HyperAudit immediately incurs computational and review costs and begins delivering analytical work product. Accordingly, all fees are non-refundable once payment is confirmed and the Audit has commenced, except where required by applicable law. By submitting payment, you acknowledge that the Audit begins immediately and you waive any right to a refund to the extent permitted by law.
• HyperAudit reserves the right to refuse service, cancel an order, or refund a payment at its discretion, including where Submitted Code is unlawful, out of scope, technically unprocessable, or where fraud or abuse is suspected.

THE SERVICE, INCLUDING ALL AUDITS, REPORTS, FINDINGS, AND DOCUMENTATION, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERAUDIT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, HYPERAUDIT DOES NOT WARRANT THAT: (a) THE SERVICE WILL DETECT ALL OR ANY PARTICULAR VULNERABILITIES; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) ANY FINDING, SEVERITY ASSESSMENT, OR RECOMMENDATION IS ACCURATE OR COMPLETE; OR (d) AUDITED CODE IS SECURE, CORRECT, OR SAFE TO DEPLOY. NO ADVICE OR INFORMATION OBTAINED FROM HYPERAUDIT CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Liability Cap. THE TOTAL AGGREGATE LIABILITY OF HYPERAUDIT, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO HYPERAUDIT FOR THE SPECIFIC AUDIT GIVING RISE TO THE CLAIM.
• Exclusion of Indirect Damages. IN NO EVENT SHALL HYPERAUDIT OR ITS RELATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF FUNDS, LOSS OR THEFT OF DIGITAL ASSETS, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY EXPLOIT OF AUDITED OR UNAUDITED CODE, EVEN IF HYPERAUDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
• Application Regardless of Scope. THE LIMITATIONS IN THIS SECTION APPLY WHETHER OR NOT THE VULNERABILITY, ISSUE, OR CAUSE OF LOSS WAS WITHIN THE SCOPE OF THE AUDIT, WAS IDENTIFIED OR MISSED BY THE SERVICE, AND REGARDLESS OF THE CAUSE OR THEORY OF LIABILITY.
• Basis of the Bargain. YOU ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT HYPERAUDIT WOULD NOT PROVIDE THE SERVICE AT THE STATED PRICES WITHOUT THESE LIMITATIONS, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
• Jurisdictional Limits. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, HyperAudit’s liability is limited to the maximum extent permitted by law.

You expressly acknowledge and assume all risks associated with blockchain technology, smart contracts, and digital assets, including:

• The inherent and irreversible nature of on-chain transactions and deployments.
• The risk that any smart contract, whether audited or not, may contain vulnerabilities and may be exploited, resulting in partial or total loss of funds or assets.
• The risk of attacks, including but not limited to reentrancy, oracle manipulation, economic and flash-loan attacks, governance attacks, and novel or previously unknown attack vectors.
• Volatility, regulatory uncertainty, network failures, forks, and third-party protocol dependencies.

You agree that deployment of any code is your decision alone, made at your own risk, and that HyperAudit bears no responsibility for any loss resulting from such deployment, regardless of whether an Audit was performed.

You agree to defend, indemnify, and hold harmless HyperAudit LLC and its members, managers, officers, employees, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

• Your access to or use of the Service;
• Your Submitted Code, and any deployment, use, sale, or distribution of any code, whether or not audited;
• Any exploit, hack, loss, or third-party claim relating to code you submitted or deployed;
• Your violation of these Terms or of any applicable law or regulation; or
• Your infringement or violation of the rights of any third party.

HyperAudit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate.

• Submitted Code of a Paid Audit is treated as confidential and is not disclosed publicly or to third parties except as necessary to perform the Service, as required by law, or with your consent.
• As part of its public security research, HyperAudit may publish anonymized vulnerability patterns and educational findings derived from publicly deployed contracts. Such publications exclude project names, contract addresses, and identifying code, and never include the Submitted Code of any Paid Audit customer.
• If a contract that was the subject of a prior anonymized publication subsequently becomes a Paid Audit customer, HyperAudit will, on request, remove the related material from publication.
• HyperAudit may use aggregated, de-identified data derived from Audits to improve the Service, including refining detection methodologies and models, provided such use does not disclose your confidential Submitted Code.

• As between the parties, you retain all right, title, and interest in and to your Submitted Code. You grant HyperAudit a limited, non-exclusive license to access, process, and analyze the Submitted Code solely to provide the Service and as described in Section 13.
• HyperAudit retains all right, title, and interest in and to the Service, including its methodologies, models, prompts, software, tooling, report formats, and Documentation, and all related intellectual property.
• The Report delivered to you is licensed to you for your internal business use and for sharing with your investors, counterparties, and auditors. You may not represent that HyperAudit certifies, guarantees, or insures your code, or misstate the nature, scope, or results of an Audit.
• You may not remove or alter any proprietary notices, and you may not use HyperAudit’s name, marks, or logos except to accurately state that an Audit was performed.

The Service incorporates third-party and open-source tools and may rely on third-party infrastructure, payment processors, and blockchain networks. HyperAudit does not control and is not responsible for third-party services, and your use of them may be subject to their own terms. The inclusion of any third-party tool does not imply endorsement.

• These Terms apply from your first use of the Service and continue until terminated.
• HyperAudit may suspend or terminate your access to the Service at any time, with or without notice, for any conduct that it reasonably believes violates these Terms or applicable law, or that may harm the Service, other users, or third parties.
• You may stop using the Service at any time. Provisions that by their nature should survive termination — including Sections 5–14 and 17–19 — survive.

• Governing Law. These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and, where applicable, by the Federal Arbitration Act.
• Informal Resolution. Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve any dispute informally by written notice for a period of thirty (30) days.
• Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by final and binding arbitration administered under the rules of a recognized arbitration body, conducted in the State of Wyoming or remotely, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
• Class Action Waiver. ALL DISPUTES SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
• Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction in Wyoming to protect its intellectual property or confidential information.
• Time Limitation. Any claim must be brought within one (1) year after the cause of action arises, or it is permanently barred, to the extent permitted by law.

• You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions, and that you are not on any U.S. or applicable government list of prohibited or restricted parties.
• You will not use the Service in violation of any applicable export control, sanctions, anti-money-laundering, or anti-terrorism laws.
• You are responsible for your own compliance with all laws applicable to your code, tokens, and business, including securities, financial, and consumer-protection laws.

• Entire Agreement. These Terms, together with any order details and policies referenced herein, constitute the entire agreement between the parties and supersede all prior understandings.
• Changes. HyperAudit may modify these Terms at any time by posting the revised Terms with an updated effective date. Material changes will be indicated. Your continued use after changes become effective constitutes acceptance.
• Severability. If any provision is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
• No Waiver. No failure or delay in exercising any right operates as a waiver of that right.
• Assignment. You may not assign these Terms without HyperAudit’s prior written consent. HyperAudit may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
• Force Majeure. HyperAudit is not liable for any delay or failure resulting from causes beyond its reasonable control, including network failures, third-party outages, and acts of God.
• Relationship. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
• Notices. Notices to HyperAudit must be sent to the contact address below. Notices to you may be provided through the Service or to the contact information associated with your account.
• Headings. Headings are for convenience only and do not affect interpretation.

HyperAudit LLC
State of Wyoming, United States
Website: hyperaudit.io
Contact: admin@hyperaudit.io