Hopx – Terms of Service

These Terms of Service ("Terms") are a binding contract between you ("you", "Customer") and Bunnyshell Inc. ("Bunnyshell", "Hopx", "we", "us", or "our"). They govern your access to and use of the Hopx website (e.g., hopx.ai) and any related applications, SDKs, APIs, documentation, and cloud runtime services (collectively, the "Services").

By creating an account, clicking "I agree," or using the Services, you confirm that you are at least 18 years old, have authority to bind yourself or your organization, and accept these Terms. If you do not agree, do not use the Services.

We may update these Terms from time to time. If we make a material change, we will use commercially reasonable efforts to notify you (email, in-app, or Website notice) at least 30 days before it takes effect, unless earlier change is required for security, legal, or technical reasons. Your continued use after the effective date constitutes acceptance.

ARBITRATION & CLASS ACTION WAIVER. You and we agree that most disputes will be resolved by binding, individual arbitration (see §19). You waive the right to a jury trial and to participate in a class action.

Hopx provides a managed runtime platform for AI agents and developers to launch isolated micro-VM sandboxes, execute code, run software, and store data securely.

We may add, change, or remove features. For any material reduction to a generally available feature you actively use, we intend to provide 30 days' prior notice (not required for emergencies, legal compliance, third-party IP issues, or security).

We regularly deliver Updates (patches, security fixes, performance improvements, and features). We use commercially reasonable efforts to preserve backward compatibility for 12 months after an Update, except where doing so would create security issues, violate third-party rights, or be technically infeasible. Critical security fixes may be deployed without prior notice.

To use the Services, you must create an Account and provide accurate information. You are responsible for all activity under your Account, safeguarding credentials/API keys, and promptly notifying us of unauthorized use.

We aim to operate the Services 24/7, excluding planned maintenance and unforeseen issues. We provide reasonable advance notice for planned downtime.

Support: support@hopx.ai (or via in-product channels).

Privacy: see our Privacy Policy at https://hopx.ai/legal/privacy (incorporated by reference).

Pricing. Current fees are listed at https://hopx.ai#pricing or an order form. Fees may include subscription and/or usage-based (per-second CPU/RAM/disk) charges. We may modify fees with at least 30 days' notice for existing use.

Billing. Unless otherwise agreed, we bill monthly in arrears; if we suspect fraud or non-payment, we may bill more frequently. Amounts are due upon receipt via the payment methods we make available.

Credits. Promotional/free compute credits (e.g., "$200 free") are one-time, non-transferable, have no cash value, and may expire under posted program rules.

Non-Refundable. Except where required by law, all charges are non-cancellable and non-refundable.

Overdue amounts may incur 1.5%/month interest (or the maximum allowed by law) plus reasonable collection costs/attorneys' fees. We may suspend an Account with a negative or past-due balance.

Taxes. Fees exclude taxes. You're responsible for all applicable sales, use, VAT, GST, duties, and similar taxes (other than taxes on our net income). You will reimburse us for any such amounts we pay on your behalf.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal purposes during the term.

Except for open-source components, we and our licensors retain all rights, title, and interest in and to the Services, software, documentation, interfaces, and related intellectual property ("Hopx IP"). No other rights or licenses are granted by implication or otherwise.

If you provide Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction. We own any improvements derived from Feedback.

Ownership. You retain all rights to code, data, files, prompts, and other material you upload or generate in the Services ("Customer Content").

License to Hopx. You grant us a non-exclusive license to use Customer Content solely to provide and support the Services (e.g., execution, storage, logging, security, troubleshooting).

We do not use Customer Content to train foundation models or to improve unrelated products beyond providing, securing, and operating the Services (unless you expressly opt-in).

Your responsibilities. You represent you have all necessary rights; Customer Content and your use will comply with laws and third-party rights.

Data Processing Addendum (DPA). Where we process personal data on your behalf, our DPA at https://hopx.ai/legal/dpa is incorporated by reference.

We implement commercially reasonable technical and organizational measures to protect Customer Content against unauthorized access, use, and disclosure. We may reference our security posture (e.g., SOC 2, ISO) at https://hopx.ai/security. You remain responsible for your configurations, credentials, and keys.

You agree not to (and not to permit others to):

• Upload or run malware, backdoors, crypto-jacking, or content that is illegal, infringing, harmful, harassing, or violates privacy/IP/publicity rights.
• Attack or probe others (e.g., DDoS, port scans, intrusion) without verifiable authorization.
• Circumvent or compromise security/authentication, or interfere with platform integrity or performance.
• Copy, modify, reverse engineer, or create derivative works of Hopx IP (except to the limited extent such restriction is prohibited by law).
• Resell, lease, or provide the Services to third parties as a service without our written consent.
• Use the Services to build or train a product that is directly competitive with core Hopx offerings.
• Misuse free credits, engage in fraud, or otherwise violate applicable laws or sanctions.

We may suspend your access immediately for suspected AUP violations.

The Services may depend on or link to third-party software, models, cloud providers, or content. We are not responsible for third-party materials. Your use of them is subject to their terms and policies.

We target high availability and global low latency. Current status is posted at https://status.hopx.ai. Availability targets exclude scheduled maintenance, emergency fixes, events outside our reasonable control, your misuse or breach, and outages of third-party providers. If we offer service credits in an SLA, the SLA at https://hopx.ai/legal/sla applies (if referenced in your plan or order).

We may suspend all or part of the Services immediately if: (a) required by law; (b) your use poses a security risk, harms others, or could subject us to liability; (c) you are overdue by 30+ days; or (d) you otherwise breach these Terms.

These Terms continue until terminated. You may terminate by closing your Account and paying all amounts due. We may terminate for convenience with 30 days' notice, or immediately for your material breach (including AUP or non-payment).

Upon termination: your right to use the Services ends; we may delete or disable access to Customer Content after a reasonable retrieval period consistent with your plan and our data retention policy. Sections that by nature survive (e.g., fees, IP, confidentiality, disclaimers, liability limits, arbitration) will survive.

Each party may receive Confidential Information of the other. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to affiliates, employees, and contractors bound by obligations at least as protective. Exceptions: public information; independently developed; rightfully received from a third party; or required by law (with notice where legally permitted).

You must comply with all applicable export control and sanctions laws. You represent you are not on any restricted list and will not permit access from embargoed jurisdictions in violation of law.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR MEET YOUR REQUIREMENTS, OR THAT CUSTOMER CONTENT WILL NOT BE LOST.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO HOPX IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $1,000 IF NO FEES WERE PAID.

Some jurisdictions do not allow certain limitations; in that case we limit our liability to the maximum extent permitted by law.

You will indemnify and hold harmless Bunnyshell, its affiliates, and their officers, directors, employees, and agents from third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) Customer Content; or (c) your breach of these Terms or law. We will provide notice, reasonable cooperation, and you will not settle without our prior written consent (not unreasonably withheld). We may participate in the defense at our expense.

If you believe content on the Services infringes your copyright, send a notice to legal@hopx.ai with the information required by 17 U.S.C. §512(c)(3). Knowingly submitting false claims may result in liability. We may terminate the Accounts of repeat infringers.

Informal Resolution. Before filing a claim, the party must send a written notice and allow 30 days to resolve informally.

Binding Arbitration. Any dispute arising out of or related to these Terms or the Services will be resolved by binding individual arbitration administered by the AAA under its Commercial Arbitration Rules. The arbitration will be conducted in New Castle County, Delaware, in English, before a single arbitrator. Judgment may be entered in any court of competent jurisdiction.

No Class Actions. You and we agree to bring claims only in our individual capacities, not as a class action or representative proceeding. Jury trial is waived.

Either party may seek injunctive relief in court to protect IP or security pending arbitration. Small-claims actions may be brought in a court of competent jurisdiction.

These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. Subject to §19, the state and federal courts in New Castle County, Delaware have exclusive jurisdiction.

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, war, terrorism, labor disputes, widespread Internet failures, cloud provider outages, acts of government).

Entire Agreement. These Terms (plus any order, SLA, DPA, and Privacy Policy) are the entire agreement and supersede prior agreements on the subject.

Assignment. You may not assign without our written consent. We may assign freely (including in connection with a merger, acquisition, or sale of assets).

Severability. If any provision is unenforceable, the remainder remains in effect; a valid provision that most closely reflects the intent will replace it.

Waiver. Failure to enforce is not a waiver.

Independent Contractors. The parties are independent contractors.

No Third-Party Beneficiaries. None intended.

Notices. We may provide notices via email, in-app, or Website. Legal notices to Hopx: legal@hopx.ai.

Bunnyshell Inc.
2093 PHILADELPHIA PIKE #6991
CLAYMONT, DE 19703

Support: support@hopx.ai

Legal: legal@hopx.ai