Terms and Conditions

Effective Date: 06.25.2025
Last Updated: 06.25.2025

1. Agreement Overview

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Hyblox AI LLC, a Florida limited liability company (“Hyblox,” “we,” “us,” or “our”), governing the purchase of hardware products and professional services from Hyblox AI.

By placing an order or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Products and Services

2.1 Hardware Products

We provide enterprise-grade AI infrastructure including:

• GPU servers for AI inferencing, training, and fine-tuning
• AI workstations for development and research
• Components and peripherals for AI computing
• Related hardware accessories and cables

2.2 Professional Services

We offer consulting and technical services including:

• Infrastructure assessment and planning
• Hardware configuration consulting
• Right-sizing analysis for AI workloads
• Storage and networking architecture design
• Installation and deployment assistance
• Performance optimization consulting

3. Ordering and Acceptance

3.1 Order Process

• All orders must be submitted in writing via email, purchase order, or signed quote
• Orders are subject to acceptance by Hyblox
• We reserve the right to refuse any order at our discretion
• Order acceptance occurs upon our written confirmation

3.2 Pricing

• Prices are quoted in USD unless otherwise specified
• Quoted prices are valid for 30 days unless otherwise stated
• Prices exclude taxes, shipping, and installation unless specified
• We reserve the right to correct pricing errors

3.3 Custom Configurations

• Custom hardware configurations may require non-refundable deposits
• Lead times for custom builds will be specified in order confirmation
• Changes to custom orders may incur additional charges

4. Payment Terms

4.1 Payment Methods

• Wire transfer (preferred for orders over $10,000)
• ACH transfer
• Company check (subject to credit approval)
• Credit terms available for qualified customers

4.2 Payment Schedule

• Standard Orders: Net 30 from invoice date
• Custom Orders: 50% deposit upon order, balance due before shipping
• Professional Services: As specified in service agreement

4.3 Late Payment

• Past due amounts subject to 1.5% monthly interest or maximum allowed by law
• We reserve the right to suspend services or shipments for overdue accounts
• Customer responsible for collection costs and reasonable attorney fees

5. Shipping and Delivery

5.1 Shipping Terms

• Standard shipping: FOB Origin (Alpharetta, GA)
• Title and risk of loss pass upon delivery to carrier
• Expedited shipping available at additional cost
• White glove delivery available for servers

5.2 Delivery

• Estimated delivery dates are not guaranteed
• We are not liable for carrier delays
• Customer must inspect shipments immediately upon receipt
• Damage claims must be filed with carrier and reported to us within 48 hours

5.3 International Shipping

• Subject to export control regulations
• Customer responsible for import duties and taxes
• Additional documentation fees may apply

6. Returns and Warranties

6.1 Return Policy

• Governed by our separate Return Policy
• 14-day return period for unopened items
• 15% restocking fee for opened products
• No returns on servers or custom configurations

6.2 Limited Warranty

• Hardware covered by manufacturer warranties
• Professional services warranted for 90 days
• Warranty void if products modified or misused
• We disclaim all implied warranties to extent permitted by law

6.3 Exclusive Remedies

• Hardware defects: repair, replacement, or refund at our option
• Service defects: re-performance of services
• Maximum liability limited to purchase price

7. Professional Services Terms

7.1 Scope of Services

• Services performed according to written service agreements
• Additional services subject to change orders
• Customer must provide necessary access and information

7.2 Service Deliverables

• Deliverables specified in service agreement
• Customer has 10 days to accept or reject deliverables
• Deliverables deemed accepted if not rejected in writing

7.3 Customer Responsibilities

• Provide accurate requirements and specifications
• Ensure site readiness for installations
• Backup data before any service engagement
• Provide timely feedback and approvals

8. Intellectual Property

8.1 Hardware Products

• Customer receives no IP rights in product designs
• Firmware and software subject to manufacturer licenses
• Customer may not reverse engineer products

8.2 Service Deliverables

• Hyblox retains rights to methodologies and general knowledge
• Customer owns custom configurations created for them
• Each party retains pre-existing IP rights

9. Confidentiality

Both parties agree to:

• Protect confidential information with reasonable care
• Use confidential information only for intended purposes
• Not disclose confidential information to third parties
• Return confidential information upon request

Exceptions: publicly known information, independently developed, or legally required disclosure

10. Limitation of Liability

10.1 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HYBLOX BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOST PROFITS, REVENUE, OR DATA
• BUSINESS INTERRUPTION
• DAMAGES EXCEEDING THE PURCHASE PRICE

10.2 Essential Purpose

These limitations apply even if remedies fail their essential purpose and regardless of the theory of liability.

11. Indemnification

11.1 Customer Indemnification

Customer indemnifies Hyblox against claims arising from:

• Customer’s use of products or services
• Violation of these Terms
• Infringement of third-party rights
• Failure to comply with applicable laws

11.2 Procedure

• Prompt written notice of claims
• Right to control defense
• Reasonable cooperation
• No admission of liability without consent

12. Force Majeure

Neither party liable for delays or failures due to:

• Natural disasters
• Government actions
• Labor disputes
• Supply chain disruptions
• Pandemics
• Other events beyond reasonable control

Affected party must promptly notify and mitigate impacts.

13. General Provisions

13.1 Governing Law

These Terms are governed by Florida law, excluding conflict of law principles. Disputes shall be resolved in courts located in Florida.

13.2 Entire Agreement

These Terms, along with any applicable service agreements, constitute the entire agreement between parties.

13.3 Modifications

Changes to these Terms must be in writing and signed by both parties.

13.4 Severability

If any provision is deemed invalid, the remaining provisions continue in full force.

13.5 Assignment

Customer may not assign these Terms without our written consent. We may assign to affiliates or successors.

13.6 Waiver

No waiver effective unless in writing. Waiver of one breach does not waive others.

13.7 Relationship

Nothing creates a partnership, joint venture, or agency relationship between parties.

13.8 Survival

Provisions regarding payment, confidentiality, liability limitations, and indemnification survive termination.

14. Export Compliance

14.1 Export Restrictions

Customer acknowledges that products may be subject to U.S. export controls, particularly:

• High-performance GPUs (A100, H100)
• AI acceleration hardware
• Related technical data

14.2 Customer Obligations

Customer agrees to:

• Comply with all export laws and regulations
• Not export to embargoed countries or denied parties
• Obtain necessary export licenses
• Maintain required documentation

15. Data Protection

15.1 Privacy

Our collection and use of personal data is governed by our Privacy Policy.

15.2 Security

While we implement reasonable security measures, customer is responsible for securing their infrastructure and data.

16. Notices

All notices must be in writing and sent to:

Hyblox AI LLC
11175 Cicero Drive
Alpharetta, GA 30022
Email: legal@hyblox.ai

Customer notices sent to address provided in order.

17. Specific Product Terms

17.1 GPU Allocation

During shortage periods:

• Allocation based on order priority and history
• No guarantee of specific GPU models
• Right to offer comparable alternatives

17.2 Cryptocurrency Mining

Products not authorized for cryptocurrency mining. Such use voids all warranties and support.

17.3 Software and Drivers

• Customer responsible for software licensing
• We provide hardware only unless specified
• Driver compatibility not guaranteed

18. Professional Standards

We maintain professional standards including:

• Industry best practices
• Ethical business conduct
• Compliance with applicable laws
• Reasonable skill and care

However, we do not guarantee specific outcomes or performance improvements.

19. Dispute Resolution

19.1 Good Faith Resolution

Parties agree to attempt good faith resolution before litigation.

19.2 Arbitration

Disputes not resolved within 30 days subject to binding arbitration under AAA Commercial Rules in Atlanta, Georgia.

19.3 Exceptions

Either party may seek injunctive relief for IP violations or breaches of confidentiality.

20. Contact Information

General Inquiries:
Email: admin@hyblox.ai
Phone: (404) 430-7705

Technical Support:
Email: support@hyblox.ai (24/7)

Legal Notices:
Email: legal@hyblox.ai

By engaging with Hyblox AI for hardware purchases or professional services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.