Master Terms of Service
1. Agreement
These Master Terms of Service (“Terms”) govern websites, applications, software, APIs, data services, and other products and services (“Services”) provided by Highpoint Foundry, Inc., a Wyoming corporation (“Highpoint Foundry,” “we,” “us,” “our”). By affirmatively accepting these Terms, or using a Service after receiving legally sufficient notice that these Terms apply, you agree to them. If you represent a business, you warrant that you can bind it to this agreement.
2. Supplemental Terms
A Service may have its own Supplemental Terms, incorporated with these Terms into the “Agreement.” In case of conflict, the following control only for the conflicting subject: (1) a separately executed written agreement expressly governing that Service; (2) the Service’s Supplemental Terms; (3) these Terms. Unsigned purchase orders and customer boilerplate do not modify the Agreement unless we expressly accept them in writing. Each product may have its own Privacy Policy, which describes data practices rather than automatically changing contractual obligations.
3. Eligibility and Accounts
You must have legal capacity to contract. Unless applicable Supplemental Terms provide otherwise, Services are intended for adults 18 or older. Provide accurate account information, protect passwords and API keys, and promptly report suspected compromise. You are responsible for activity through your credentials to the extent allowed by law, excluding activity caused by our breach of applicable duties.
4. Limited License and Ownership
Subject to the Agreement, we grant a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the applicable Service for its intended purpose within authorized limits. All other rights remain with Highpoint Foundry or its licensors. No ownership of software, data, documentation, trademarks, or other intellectual property transfers. Open-source components remain governed by their licenses. Access to data does not grant rights to redistribute, resell, sublicense, or republish it absent express permission.
5. Prohibited Conduct
Except as authorized or protected by law, you must not: (a) violate laws or third-party rights; (b) interfere with or gain unauthorized access to systems; (c) distribute malicious code; (d) bypass authentication, rate limits, or payment restrictions; (e) scrape, bulk extract, mirror, redistribute, or resell Service content beyond your license; (f) share credentials with unauthorized persons; (g) reverse engineer software except where restrictions are legally unenforceable; or (h) use Services for unlawful surveillance, fraud, or harassment. We may reasonably investigate and restrict abusive activity. Nothing prohibits lawful security research or other protected activity.
6. External Data and Dependencies
Services may use independent providers, sensors, APIs, infrastructure, and user-contributed information. Data may be incomplete, inaccurate, delayed, estimated, or unavailable. We do not validate every data point or guarantee any particular provider’s continued availability, geographic coverage, format, or licensing. Unless agreed otherwise in writing, we may replace or discontinue dependencies. You are responsible for independently verifying information before consequential decisions. Services are not authorized as the sole basis for safety-critical, emergency, navigation, medical, legal, or financial decisions. Supplemental Terms may add specific restrictions.
7. Availability and Changes
Unless expressly stated in Supplemental Terms or a signed agreement, we make no uptime, service-level, support response, data-delivery, freshness, compatibility, or maintenance commitments. We may modify, suspend, or discontinue Services for legitimate business, operational, security, or legal reasons. Where reasonably practicable, we will notify users of material adverse changes, subject to applicable law and paid-service obligations. Maintain your own backups and contingency arrangements. Beta and experimental features may change or end without ongoing support commitments.
8. User Content and Feedback
You retain rights to content you submit. You grant us a nonexclusive, worldwide, royalty-free license to host, copy, process, transmit, and display it only as reasonably necessary to operate, secure, and support the applicable Service, subject to law and its Privacy Policy. You warrant you have the necessary rights. We may remove unlawful or infringing content. If you voluntarily provide feedback, you grant us a perpetual, nonexclusive, worldwide, royalty-free right to use it for our products, without overriding confidentiality or privacy duties.
9. Fees and Subscriptions
Pricing, billing cycles, usage limits, renewals, and cancellation methods are disclosed at purchase or in applicable commercial terms. You agree to pay authorized charges and applicable taxes. We may suspend for overdue payment after required notice. Recurring subscriptions renew only as disclosed and permitted by law. Cancellation stops future renewal, and prepaid amounts are not automatically refundable except as disclosed or required by law. Nothing limits statutory refund or cancellation rights.
10. Privacy
Our general privacy notice is at https://policy.hpfd.app/privacy. Each Service may have its own policy governing its personal-information practices. We will honor applicable privacy laws; nothing in these Terms waives nonwaivable privacy rights.
11. Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, OR UNINTERRUPTED AVAILABILITY. We do not promise to correct every error or maintain any feature. Nonwaivable statutory warranties and rights remain unaffected.
12. Liability Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGHPOINT FOUNDRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR CLAIMS RELATED TO A SERVICE OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID HIGHPOINT FOUNDRY FOR THAT SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100. Related claims share one aggregate cap. A separately signed agreement may establish a different cap. These provisions apply regardless of legal theory, but not to liabilities that cannot lawfully be limited, including where applicable fraud, willful misconduct, gross negligence, and mandatory statutory remedies.
13. Indemnification
To the extent permitted by law, you agree to defend and indemnify Highpoint Foundry and its directors, officers, employees, and agents against third-party claims and reasonable legal expenses to the extent caused by your unlawful use, material breach, infringement of third-party rights, or unlawfully submitted content. You need not indemnify us for our own wrongdoing. We may participate in the defense at our expense. You may not settle a claim imposing obligations on us without our written consent, not unreasonably withheld.
14. Suspension and Termination
You may stop using a Service and cancel subscriptions using the available process. We may suspend or terminate access for material breaches, fraud, security risks, legal obligations, nonpayment, or discontinuation, with notice and opportunity to cure where appropriate and practicable. Accrued obligations and provisions intended to survive (including ownership, disclaimers, liability, indemnity, and disputes) survive termination. Data retention and deletion follow applicable privacy policies and law.
15. Corporate Counterparty
Your contractual counterparty is Highpoint Foundry, Inc., not its shareholders, directors, officers, employees, or agents personally. No individual makes a personal guarantee. This does not exclude personal liability independently imposed by law.
16. Governing Law and Disputes
Except where mandatory law requires otherwise, Wyoming law governs this Agreement without regard to conflicts rules. Before filing suit, parties will attempt good-faith informal resolution by written notice and a 30-day response period, except where this would conflict with law, limitations periods, or urgent relief. Subject to mandatory consumer and jurisdictional rules, disputes will be heard in courts of competent jurisdiction in Sheridan County, Wyoming, or the corresponding federal court with jurisdiction. These Terms do not require arbitration or waive class-action rights.
17. Amendments
We may update these Terms for legal, technical, or business reasons. We will post revised terms with an updated date and provide notice or obtain consent where required. Changes do not apply retroactively where prohibited. If you disagree, stop using the affected Service and cancel subscriptions through its stated process.
18. General
These Terms and applicable Supplemental Terms or signed agreements constitute the relevant agreement. Invalid provisions are severed to the minimum extent necessary. Failure to enforce a term is not waiver. You may not assign the Agreement without consent except where permitted by law; we may assign it in a merger, restructuring, or sale of relevant assets subject to law. Neither party is responsible for failures beyond reasonable control, except obligations that cannot be excused. The Agreement creates no agency or partnership. Electronic notices are permitted where lawful.
19. Contact
Highpoint Foundry, Inc.
30 N Gould St Ste 3911
Sheridan, WY 82801
United States
Email: support@hpfd.net
Website: https://www.highpointfoundry.com
Policies: https://policy.hpfd.app