Effective Date: 09/20/2024

Welcome to Hyper Gains Marketing, a full-service marketing and lead generation agency, as well as a SaaS provider through our CRM platform. These Terms and Conditions ("Terms") govern your use of our websites (hypergainsmarketing.com and app.hypergains.io), services, and any products offered via our SaaS platform.Please read these Terms carefully before accessing or using our services. By using our websites or SaaS platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our services.

1. Services Provided

Hyper Gains Marketing provides lead generation, marketing consulting, and CRM services through our SaaS platform. The platform offers features including, but not limited to, lead management, marketing automation, and campaign management. The CRM platform ,app.hypergains.io , is connected with material from third-party providers, ensuring industry compliance and operational support.

2. Account Registration and Responsibilities

To access our services, you may be required to register an account with accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

Eligibility: By creating an account, you confirm that you are at least 18 years of age and that you have the authority to enter into this agreement.Account Security: Hyper Gains Marketing is not responsible for any loss or damage resulting from your failure to secure your login information.

3. Usage of the SaaS Platform

When using our CRM platform, you must adhere to all relevant laws, including privacy regulations (such as GDPR and CCPA) when handling client data and marketing activities. You also agree to comply with the terms and conditions for our Third-Party Tools and Integrations: Our SaaS platform includes integrations with various third-party tools, for which you agree to comply with their respective terms.

Data Security and Privacy: You are responsible for ensuring that all data uploaded, stored, and processed through our platform complies with relevant data privacy regulations.

4. Payment and Subscription Terms

Subscription Fees: Our services are offered on a subscription basis, with pricing depending on the selected package. All payments must be made in accordance with the agreed-upon plan, and failure to do so may result in suspension or termination of services.Refunds: Subscription payments are non-refundable unless explicitly stated in an agreement or under applicable law.

5. Termination of Services

Hyper Gains Marketing reserves the right to terminate or suspend your account at our discretion if we detect any violation of these Terms, misuse of the platform, or illegal activity.

Termination by You: You may cancel your subscription at any time by contacting support; however, any prepaid fees for the current billing period will not be refunded.

6. Intellectual Property

All content, materials, and trademarks on Hypergainsmarketing.com and app.Hypergainsmarketing.com are owned by or licensed to Hyper Gains Marketing. Unauthorized use of any content may violate intellectual property rights and result in legal action.

SaaS Platform: While the SaaS platform incorporates 3rd Party framework, all customizations, interfaces, and additional services provided by Hyper Gains Marketing are proprietary and are governed by these Terms.

7. Acceptable Use

You agree not to misuse our services, including but not limited to:

Attempting to bypass security measures. Using our platform for illegal activities or fraudulent purposes. Violating any third-party rights, including intellectual property rights.

8. Limitation of Liability

To the fullest extent allowed by law, Hyper Gains Marketing and its affiliates, including its third-party service provider, will not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services.

9. Indemnification

You agree to indemnify and hold harmless Hyper Gains Marketing, its affiliates, and third-party providers,, from any claims, damages, or losses arising from your violation of these Terms or misuse of our services.

10. Changes to the Terms

Hyper Gains Marketing reserves the right to modify these Terms at any time. Any changes will be posted on our website, and continued use of our services constitutes acceptance of those changes.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Nevada. Any disputes arising out of these Terms will be handled in the courts of Nevada.

12. Agreement to Arbitrate

(a) Hyper Gains Marketing and you agree to arbitrate any and all disputes and claims between us arising out of or relating to these Terms of Use, our Privacy Policy, or use of the sites, via the sites, or through a mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. These terms to arbitrate are intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction.This agreement to arbitrate otherwise includes, but is not limited to, claims based in contract, tort, warranty, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms of Use (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our websites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of these Terms of Use.For purposes of this arbitration provision, references to "Hyper Gains Marketing," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products, or information provided or made available under this or prior agreements between us relating to or arising from any aspect of your use or access of the sites.Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms of Use, including this agreement to arbitrate, you and Hyper Gains Marketing are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of these Terms of Use or your relationship with Hyper Gains Marketing for any reason.(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Dispute Notice''). The Notice to Hyper Gains Marketing should be addressed to the following address ("Dispute Notice Address''):Hyper Gains Marketing

2654 W Horizon Ridge pkwy, B5 2079

Henderson, NV, 89052

Attention: Legal Department The Dispute Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Hyper Gains Marketing ("Demand''). If Hyper Gains Marketing and you do not reach an agreement to resolve the claim within 30 days after the Dispute Notice is received, you or Hyper Gains Marketing may commence an arbitration proceeding.(c) After Hyper Gains Marketing receives notice at the Dispute Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as other terms and conditions of these Terms of Use, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of these Terms of Use, including, but not limited to any claim that all or any part of this arbitration provision or these Terms of Use are void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms of Use permit class or representative proceeding. For the avoidance of doubt, the court and arbitrator shall be bound by these Terms of Use, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Hyper Gains Marketing and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your permanent residence. Case management and other hearings shall be heard via telephone unless agreed to otherwise. Except as otherwise provided for herein, Hyper Gains Marketing will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 12(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Hyper Gains Marketing for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.(e) YOU AND Hyper Gains Marketing AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.(f) Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Hyper Gains Marketing makes any change to this arbitration provision (other than a change to the Dispute Notice Address) after your enrollment in a service or program or your use of the Hyper Gains Marketing sites, you may reject any such change and require Hyper Gains Marketing to adhere to the language in this arbitration provision as written at the time you initially requested or received any services from us if a dispute between us arises, by providing Notice to Hyper Gains Marketing at the Dispute Notice Address in subsection (b) above.

13. Contact Information

If you have any questions regarding these Terms, please contact us at:

Email: [email protected]

Phone:

Address: 2654 W Horizon Ridge pkwy, B5 2079 Henderson, NV, 89052