legal
Terms & Conditions
Last revised on: June 30, 2026
Welcome and thank you for your interest in HyperSpectral Corp. ("HyperSpectral", "we", "us" or "our").
These Terms of Use (these "Terms", and together with the Privacy Policy located at https://www.hyperspectral.ai/privacy-policy/ and any applicable Supplemental Terms (as defined below), this "Agreement") describe the terms and conditions that apply to your use of the website located at https://www.hyperspectral.ai/ and its subdomains, and any of HyperSpectral's other websites on which a link to the Terms appear (collectively, the "Site"). Certain features or functionality of the Site may be subject to additional guidelines, terms, or rules ("Supplemental Terms"), which will be posted on the Site in connection with such features or functionality. All such Supplemental Terms are incorporated by reference into this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SITE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SITE. BY ACCESSING OR USING THE SITE IN ANY WAY, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HYPERSPECTRAL, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, ON BEHALF OF SUCH EMPLOYER OR ENTITY. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO "YOU" OR "YOUR" IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.
Dispute Resolution: PLEASE READ THIS AGREEMENT CAREFULLY AND BE AWARE THAT SECTION 9.2 PROVIDES THAT, UNLESS YOU OPT OUT WITHIN 30 DAYS OF AGREEING TO THESE TERMS, ALL DISPUTES BETWEEN YOU AND US, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 9.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
1. Access to the Site
1.1 License. Subject to these Terms, HyperSpectral grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.3 Modification. HyperSpectral reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that HyperSpectral will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.4 No Support or Maintenance. You acknowledge and agree that HyperSpectral will have no obligation to provide you with any support or maintenance in connection with the Site.
1.5 Ownership. Excluding any User Content that you may provide (defined in Section 2.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by HyperSpectral or HyperSpectral's suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. HyperSpectral and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2. User Content
2.1 User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by HyperSpectral. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. HyperSpectral is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to HyperSpectral an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, and/or reporting you to law enforcement authorities.
2.5 Feedback. If you provide HyperSpectral with any feedback or suggestions regarding the Site ("Feedback"), you hereby assign to HyperSpectral all rights in such Feedback and agree that HyperSpectral shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. HyperSpectral will treat any Feedback you provide to HyperSpectral as non-confidential and non-proprietary. You agree that you will not submit to HyperSpectral any information or ideas that you consider to be confidential or proprietary.
3. Indemnification
You agree to indemnify and hold HyperSpectral (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. HyperSpectral reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of HyperSpectral. HyperSpectral will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
4. Third-Party Links, Applications & Ads; Other Users
4.1 Third-Party Links, Applications & Ads. The Site may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, "Third-Party Links, Applications & Ads"). Such Third-Party Links, Applications & Ads are not under the control of HyperSpectral, and HyperSpectral is not responsible for any Third-Party Links, Applications & Ads. HyperSpectral provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
4.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that HyperSpectral will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
4.3 Release. You hereby release and forever discharge HyperSpectral (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links, Applications & Ads). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
5. Disclaimers
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND HYPERSPECTRAL (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HYPERSPECTRAL (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF HYPERSPECTRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. HyperSpectral will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2–1.5, 2–9.
8. Procedure for Making Claims of Intellectual Property Right Infringement
It is HyperSpectral's policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to HyperSpectral by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Site of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner's behalf.
Contact information for HyperSpectral's designated agent for notice of claims of infringement is as follows:
Designated Agent: Copyright Agent; HyperSpectral Corp
Address of Agent: 201 N. Union Street; Suite 110; Alexandria, VA 22314
Telephone: 301-541-7164
Email: copyright@hyperspectral.ai
9. General
9.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Arbitration of Disputes. Subject to the terms of this Section 9.2 ("Arbitration Agreement"), you and HyperSpectral agree that all disputes or claims between you and HyperSpectral that arise out of or relate in any way to your use of or access to the Site, or to these Terms, including prior versions of these Terms, (each, a "Dispute") will be resolved by binding arbitration. By entering into this Arbitration Agreement, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. This Arbitration Agreement is intended to be broadly interpreted and includes, for example, Disputes brought under any legal theory or that arose before you first accepted any version of these Terms containing an arbitration provision. This Arbitration Agreement does not preclude any party from (1) bringing claims in small claims court if such claims qualify and remain in small claims court; or (2) seeking equitable relief in a court of appropriate jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
(b) Informal Dispute Resolution. Before initiating any proceeding according to the terms of this Arbitration Agreement, as a condition precedent to doing so, you and HyperSpectral agree to try to first resolve Disputes informally by contacting the other party in writing (the "Notice of Dispute"). If the Dispute is not resolved within 45 days after submission of the Notice of Dispute, you or HyperSpectral may commence arbitration or, in the limited circumstances described in this subsection above, an alternative legal proceeding. Any applicable statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal Dispute resolution process. You and HyperSpectral agree that any Dispute subject to arbitration under this Arbitration Agreement not resolved informally must be filed in arbitration within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
(c) Arbitration Procedures. The interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings initiated hereunder shall be governed by the Federal Arbitration Act (the "FAA"), 9 U.S.C. § 1 et seq. The National Arbitration & Mediation ("NAM") will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (the "NAM Mass Filing Rules") (both sets of rules are currently available at https://www.namadr.com/resources/rules-fees-forms/), and as modified by this Arbitration Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this Arbitration Agreement and the arbitrability of Disputes, except that only a court of competent jurisdiction may decide issues concerning the validity, enforceability, interpretation, and breach of subsection 9.2(f) below. The arbitration will be conducted in the county where you reside or San Francisco, California, unless the parties agree to another location or the Batch Arbitration process is triggered per subsection 9.2(g) below. The arbitrator shall issue a final, binding written award, which may be entered in any court having jurisdiction.
(d) Confidentiality. To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential.
(e) Arbitration Fees. The NAM Rules shall govern the payment of arbitration fees. The parties shall bear their own attorneys' fees and costs unless the arbitrator finds that the Dispute was frivolous and/or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(f) No Class or Representative Actions. You and HyperSpectral agree that, by entering into this Arbitration Agreement, all parties MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a final decision, not subject to any further appeal or recourse, determines that this Arbitration Agreement is invalid or unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), you and HyperSpectral agree that only that particular claim or request for relief shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware.
(g) Batch Arbitration. Notwithstanding subsection 9.2(f) above, to increase the efficiency of administration and resolution of arbitrations, you and HyperSpectral agree that, in the event there are ten (10) or more individual Requests of a substantially similar nature (i.e., Requests that arise out of or relate to the same or similar facts and raise the same or similar legal issues and requests for relief) filed against HyperSpectral by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90)-day period, NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). If there is any dispute about the applicability of these Batch Arbitration procedures, NAM shall appoint a single administrative arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). The Administrative Arbitrator's fees shall be paid by HyperSpectral.
(h) 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must send written notice to HyperSpectral within thirty (30) days of first accepting any version of these Terms containing an Arbitration Agreement. You must send this by email to HyperSpectral or regular mail to HyperSpectral and must include: (1) your name and address; and (2) an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with us.
(i) Changes to the Arbitration Agreement. The parties agree that HyperSpectral retains the right to make changes to this Arbitration Agreement in the future. You may reject any such change by notifying HyperSpectral within thirty (30) days of that change by email to HyperSpectral or regular mail to HyperSpectral. Unless you reject the change within thirty (30) days, your continued use of the Site constitutes your acceptance of the change. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you did not previously properly opt out per the requirements in subsection 9.2(f) above. By rejecting a future change, you remain bound to arbitrate any Dispute in accordance with the terms of this Arbitration Agreement, as modified by any changes to the Arbitration Agreement you did not reject. HyperSpectral will continue to honor any valid opt outs to the Arbitration Agreement, and you do not need to submit a rejection of future changes to this Arbitration Agreement if you properly opted out per the requirements in subsection 9.2(f) above.
9.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from HyperSpectral, or any products utilizing such data, in violation of the United States export laws or regulations.
9.4 Disclosures. HyperSpectral is located at the address set forth in Section 8 above. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
9.5 Electronic Communications. The communications between you and HyperSpectral use electronic means, whether you use the Site or send us emails, or whether HyperSpectral posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from HyperSpectral in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that HyperSpectral provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to HyperSpectral is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without HyperSpectral's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. HyperSpectral may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.7 Copyright/Trademark Information. Copyright © 2026, HyperSpectral Corp. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Solution Inquiry Supplemental Terms and Conditions
Last Updated: June 30, 2026
These Solution Inquiry Supplemental Terms (these "Solution Inquiry Terms") govern the submission of ideas, proposals, use cases, concepts, specifications, problem statements, or other materials (collectively, "Submission") by you ("you" or "your") to HyperSpectral Corp. ("HyperSpectral," "we," or "us") through the Solution Inquiry site located at https://www.hyperspectral.ai/legal/solution-inquiry (the "Site"). These Solution Inquiry Terms supplement the Terms of Use available at https://www.hyperspectral.ai/legal/terms-conditions (the "Terms of Use"). Capitalized terms used but not defined herein have the meanings set forth in the Terms of Use. To the extent of any conflict between these Solution Inquiry Terms and the Terms of Use with respect to the subject matter hereof, these Solution Inquiry Terms shall control.
1. Acceptance
BY SUBMITTING ANY SUBMISSION TO HYPERSPECTRAL, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ, UNDERSTOOD, AND CONSENT TO BE BOUND BY THESE SOLUTION INQUIRY TERMS AND THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HYPERSPECTRAL, AND (3) YOU HAVE THE AUTHORITY TO ENTER THESE SOLUTION INQUIRY TERMS PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, ON BEHALF OF SUCH EMPLOYER OR ENTITY. IF THE INDIVIDUAL ENTERING INTO THESE SOLUTION INQUIRY TERMS IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO "YOU" OR "YOUR" IN THESE SOLUTION INQUIRY TERMS WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THESE SOLUTION INQUIRY TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
2. No Obligation
You acknowledge and agree that HyperSpectral's review, evaluation, consideration, or rejection of any Submission, in whole or in part, shall not: (a) create any obligation to compensate, credit, or make attribution to you in respect of any Submission; (b) give rise to any partnership, joint venture, agency, fiduciary, or employment relationship between you and HyperSpectral; or (c) obligate HyperSpectral to enter into any business relationship, engagement, or transaction with you, or otherwise to offer or provide any products or services to you.
3. No Confidentiality
You acknowledge and agree that your Submission shall be treated as non-confidential. You should ensure that your Submission does not include any material or information with respect to which you are subject to any duty of confidence or restriction on use. In no event will HyperSpectral assume any duty of confidence or restriction on use with respect to your Submission (or any portion thereof), and you bear all risk and liability associated with your Submission. Without limiting the generality of the foregoing, HyperSpectral may share any Submission with its affiliates, and its and their respective employees, directors, officers, contractors, consultants, other representatives, commercial partners and others without restriction.
4. Intellectual Property Ownership; License Grant
(a) By making any Submission, you hereby grant HyperSpectral a perpetual, non-exclusive, irrevocable, worldwide, royalty-free, fully paid-up, transferable, fully sublicensable license under all of your past, present and future patent, copyright, trade secret, and other intellectual property rights throughout the world (collectively, "Intellectual Property Rights") in and to your Submission to reproduce, modify, create derivative works of, adapt, distribute, publicly perform, publicly display, make, have made, use, sell, offer for sale, import, and otherwise exploit your Submission, in whole or in part, in any form or medium (whether now known or later developed), for any commercial or non-commercial purpose (including without limitation internal evaluation, feasibility assessment, research and development, product planning, improvement of existing technologies, and training, testing, and improvement of artificial intelligence and machine learning models), without restriction and without attribution or compensation to you.
(b) Subject to the license granted in Section 4(a) above, as between you and HyperSpectral, you retain ownership of all Intellectual Property Rights in and to your Submission.
(c) Without limiting Section 1.5 of the Terms of Use, all inventions, works of authorship, methodologies, models, tools, software, firmware, hardware, designs, data, materials, and any other embodiments of intellectual property (including any and all patent, copyright, trade secret, and other intellectual property or proprietary rights therein and thereto) conceived, created, developed, or reduced to practice by or on behalf of HyperSpectral in connection with the review or evaluation of your Submission, or the exercise of the license granted in Section 4 shall be the sole and exclusive property of HyperSpectral.
5. Independent Development
You acknowledge that HyperSpectral is continuously engaged in the research, development, and commercialization of technologies, products, services, and applications across a wide range of industries and fields, and that HyperSpectral may already have developed, be in the process of developing, or plan to develop technologies, products, services, or applications that could be similar to or competitive with any technology, product, service or application described in your Submission. You agree that nothing in these Solution Inquiry Terms shall be construed to limit or affect HyperSpectral's present and future business activities of any nature, including development, commercialization or exploitation of technologies, products, services, or applications that could be similar to or competitive with any technology, product, service or application described in your Submission.
6. Your Representations and Warranties
You represent and warrant that: (a) you have full right, power, and authority to make your Submission and grant the rights and licenses set forth herein; (b) you own or have obtained all rights, licenses, consents, and permissions necessary to grant the license in Section 4; (c) your Submission, and HyperSpectral's exercise of the rights and licenses granted herein, does not and will not infringe, misappropriate, or otherwise violate any intellectual property or other rights of any third party; and (d) if you are acting on behalf of an employer or other entity, you have been duly authorized by such employer or entity to make your Submission, grant the rights and licenses herein, and bind such employer or entity to these Solution Inquiry Terms.
7. General Provisions
Sections 2 through 7 shall survive termination or expiration of these Solution Inquiry Terms or the Terms of Use. These Solution Inquiry Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. If any provision of these Solution Inquiry Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to be enforceable, and the remaining provisions shall continue in full force and effect. Any breach of these Solution Inquiry Terms shall constitute a breach of the Terms of Use, and HyperSpectral shall be entitled to exercise all rights and remedies available under these Solution Inquiry Terms, the Terms of Use, and applicable law.