Terms and Conditions

§ 1 Scope

These General Terms and Conditions (GTC) apply to all business relationships between HYROSCALE LLC, 1309 Coffeen Avenue, Sheridan, Wyoming 82801, USA (hereinafter "Provider") and the customer. The version valid at the time of conclusion of the contract shall apply. Deviating conditions of the customer will not be recognized unless the Provider expressly agrees to their validity in writing.

§ 2 Subject of the Contract

The Provider makes a cloud-based Software-as-a-Service (SaaS) solution available to the customer. The exact scope of services results from the respective service description or selected plan. The Provider renders its services according to the current state of technology and reserves the right to further develop and adapt the services, provided this is reasonable for the customer.

§ 3 Conclusion of Contract and Term

The contract is concluded through the customer's registration and confirmation by the Provider. The contract term and notice periods result from the respective plan. Unless otherwise agreed, the contract shall be automatically renewed for the respectively agreed period if it is not terminated in due time. The right to extraordinary termination for good cause remains unaffected.

§ 4 Customer Obligations

The customer is obliged to keep their access credentials confidential and to protect them from access by third parties. The customer ensures that the data and content they enter do not infringe the rights of third parties and do not violate applicable law. The customer is responsible for backing up their own data and will perform regular backups.

§ 5 Remuneration and Payment

Remuneration is based on the respectively selected plan. All prices are exclusive of the applicable sales tax. Invoices are due for payment within 14 days of the invoice date without deduction. In case of late payment, the Provider is entitled to charge default interest at the statutory rate. The Provider reserves the right to adjust prices with four weeks' notice at the end of the respective billing period.

§ 6 Availability

The Provider strives for the highest possible availability of the platform but does not guarantee uninterrupted availability. Maintenance work will be carried out outside normal business hours where possible and announced to the customer in good time. The Provider shall not be liable for outages caused by force majeure, disruptions in the customer's area, or third parties.

§ 7 Data Protection

The Provider processes personal data of the customer exclusively within the framework of applicable data protection laws, in particular the GDPR. Details are governed by the Provider's privacy policy. If the Provider processes personal data on behalf of the customer, a data processing agreement pursuant to Art. 28 GDPR shall be concluded.

§ 8 Liability

The Provider shall have unlimited liability for damages arising from injury to life, body, or health, as well as for intent and gross negligence. In cases of slight negligence, the Provider shall only be liable for the breach of essential contractual obligations (cardinal obligations) and limited in amount to the foreseeable, contract-typical damage. Liability for indirect damages, consequential damages, and lost profits is excluded in cases of slight negligence.

§ 9 Intellectual Property

All rights to the software, including copyrights, trademarks, and other intellectual property rights, remain with the Provider. The customer receives a simple, non-transferable right of use for the duration of the contract. Sublicensing or transfer to third parties is not permitted without the prior written consent of the Provider.

§ 10 Final Provisions

The laws of the State of Wyoming, USA, shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with this contract is Sheridan, Wyoming, USA, provided the customer is an entrepreneur. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

As of: February 2026