Terms of Service

Effective Date: 01/04/2025

Last Updated: 19/06/2026

1. Acceptance of Terms

By accessing or using the services provided by Hyperscale Consulting ("Company," "we," "our," or "us"), including our website, consulting services, open-source tools such as Kite, and our App Studio platform, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms apply to all users of our services, including clients engaging our consulting services, users of our open-source tools, and visitors to our website.

2. Description of Services

2.1 Consulting Services

We provide cloud security and SaaS consulting services, including:

  • Expert Consultations for Founders: Plain-English guidance on security, cloud infrastructure, and scaling decisions for non-technical founders and SaaS teams. Available on demand, first session free.
  • Application Security Reviews and Hardening: Manual and automated code review to identify vulnerabilities in source code, combined with a prioritised remediation roadmap.
  • Web Application Penetration Testing: Professional penetration testing using OWASP-aligned methodology to identify and remediate security weaknesses in web applications and APIs.
  • Scaling Your SaaS for Growth: Migration and partial porting of SaaS applications from AI builder platforms (such as Lovable, Bolt, and v0) to the Hyperscale platform for founders who have outgrown their current infrastructure.
  • Cloud Migrations and Infrastructure Modernisation: End-to-end migration and modernisation of applications and infrastructure to the cloud, with security hardening and compliance alignment built in.
  • AWS Security Assessments: Security configuration analysis, Well-Architected Framework assessments, and cloud governance reviews for AWS environments.
  • Additional services may be available as described on our website or in individual Service Agreements.

2.2 Open Source Tools

We develop and maintain open-source security tools, including Kite and AWSeal, which are made available under their respective open-source licenses (MIT License unless otherwise specified). These tools are available at https://github.com/hyperscale-consulting.

2.3 Website and Resources

Our website provides information about our services, documentation, and access to our tools and resources.

2.4 App Studio

App Studio is our AI-assisted SaaS builder platform available at studio.thehyperscale.io. It enables founders to build, validate, and deploy SaaS applications with AI assistance. Use of App Studio is subject to these Terms and any additional platform-specific terms presented within the product.

3. Engagement and Service Delivery

3.1 Service Agreements

Specific consulting engagements will be governed by separate Service Agreements or Statements of Work ("SOW") that incorporate these Terms by reference. In case of conflict between these Terms and a Service Agreement, the Service Agreement shall take precedence for that specific engagement.

3.2 Scope of Work

All consulting services will be performed according to the agreed scope of work. Changes to scope require written agreement and may result in additional fees.

3.3 Access Requirements

For AWS security assessments, Client agrees to:

  • Provide necessary access credentials and permissions
  • Deploy required assessment roles using our provided CloudFormation templates
  • Ensure compliance with their own security and access policies
  • Provide timely access to necessary personnel and documentation

3.4 Timeline and Deliverables

Service timelines and deliverables will be specified in individual Service Agreements. We will make reasonable efforts to meet agreed timelines, subject to Client's cooperation and external factors beyond our control.

4. Client Responsibilities

4.1 Information and Access

Client shall:

  • Provide accurate, complete, and timely information necessary for service delivery
  • Ensure authorized personnel are available for consultations and reviews
  • Maintain appropriate backups of their systems and data
  • Comply with all applicable laws and regulations

4.2 Security and Compliance

Client is responsible for:

  • Maintaining the security of their own systems and data
  • Implementing our recommendations at their own discretion
  • Ensuring compliance with their industry regulations and internal policies
  • Notifying us promptly of any security incidents or concerns

4.3 Cooperation

Client agrees to cooperate reasonably with our personnel and provide necessary support to enable effective service delivery.

5. Intellectual Property Rights

5.1 Client Data and IP

Client retains all rights, title, and interest in their data, systems, and pre-existing intellectual property. We claim no ownership rights over Client's confidential information or systems.

5.2 Our IP and Tools

We retain all rights to our proprietary methodologies, tools (except open-source tools), processes, and any intellectual property developed independently of Client engagements.

5.3 Open Source Software

Our open-source tools, including Kite, are licensed under the MIT License or other specified open-source licenses. Use of these tools is subject to the terms of their respective licenses.

5.4 Work Product

Unless otherwise specified in a Service Agreement:

  • Deliverables created specifically for Client (reports, recommendations) belong to Client
  • General methodologies, templates, and know-how remain our property
  • Any improvements to our general tools or processes remain our property

6. Confidentiality

6.1 Mutual Confidentiality

Both parties acknowledge they may receive confidential information and agree to:

  • Keep such information confidential
  • Use confidential information only for the purposes of the engagement
  • Not disclose confidential information to third parties without prior written consent
  • Return or destroy confidential information upon request or completion of services

6.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available through no breach of these Terms
  • Was known prior to disclosure
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order

7. Payment Terms

7.1 Fees and Payment

  • Fees for consulting services will be specified in individual Service Agreements
  • Payment terms are typically net 30 days unless otherwise agreed
  • Late payments may incur interest charges at the rate of 1.5% per month
  • Client is responsible for all taxes, except those based on our net income

7.2 Expenses

Client shall reimburse reasonable out-of-pocket expenses incurred in providing services, subject to prior approval where specified in Service Agreements.

7.3 Disputed Invoices

Payment disputes must be raised within 30 days of invoice receipt. Undisputed portions of invoices remain due as scheduled.

8. Warranties and Disclaimers

8.1 Professional Standards

We warrant that our services will be performed in a professional and workmanlike manner in accordance with industry standards.

8.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.3 No Guarantee of Outcomes

We do not guarantee specific security outcomes, compliance achievements, or that all security vulnerabilities will be identified. Our assessments reflect conditions at the time of review.

8.4 Open Source Tools

OPEN-SOURCE TOOLS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. USE AT YOUR OWN RISK.

9. Limitation of Liability

9.1 Limitation of Damages

IN NO EVENT SHALL WE BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
  • DAMAGES EXCEEDING THE FEES PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM

9.2 Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Time Limitation

Claims must be brought within one (1) year after the cause of action accrues.

9.4 Client's Mitigation

Client agrees to mitigate damages and notify us promptly of any potential claims.

10. Indemnification

10.1 Mutual Indemnification

Each party agrees to indemnify and hold the other harmless from claims arising from:

  • Breach of these Terms or applicable Service Agreements
  • Negligent or willful misconduct
  • Violation of applicable laws or third-party rights

10.2 Client Indemnification

Client shall indemnify us against claims arising from:

  • Use of Client's systems, data, or confidential information as authorized
  • Implementation of our recommendations
  • Client's violation of laws or regulations

11. Data Protection and Security

11.1 Data Processing

We will process Client data in accordance with our Privacy Policy and applicable data protection laws.

11.2 Security Measures

We implement appropriate technical and organisational measures to protect Client data, including encryption, access controls, and regular security assessments.

11.3 Data Breach Notification

We will notify Client promptly of any known or suspected unauthorized access to Client data.

11.4 Data Deletion

Upon completion of services and expiration of retention periods, we will securely delete or return Client data as requested.

12. Termination

12.1 Termination Rights

Either party may terminate these Terms or specific Service Agreements:

  • For material breach, with 30 days' written notice and opportunity to cure
  • For insolvency or bankruptcy of the other party
  • As specified in individual Service Agreements

12.2 Effect of Termination

Upon termination:

  • All payment obligations for services rendered remain due
  • Confidentiality obligations survive
  • Each party will return or destroy confidential information
  • Client access to proprietary tools and resources will cease

12.3 Survival

The following sections survive termination: Intellectual Property, Confidentiality, Payment Terms, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

13. AWS-Specific Terms

13.1 AWS Account Access

  • Client grants us temporary, limited access to AWS accounts solely for assessment purposes
  • Access will be through designated IAM roles with minimal required permissions
  • All access is logged and monitored according to AWS best practices
  • Access credentials expire automatically as configured in the assessment role

13.2 AWS Data Handling

  • We access only configuration and metadata necessary for security assessment
  • We do not access, copy, or store application data or personally identifiable information
  • All AWS API calls are made in accordance with AWS terms of service
  • We may use AWS native tools and services to facilitate assessments

13.3 Compliance

Client represents that their AWS usage complies with AWS terms of service and applicable laws. We are not responsible for Client's AWS compliance obligations.

14. Open Source Software Terms

14.1 License Compliance

Use of our open-source tools is subject to their respective open-source licenses. Users must comply with all license terms.

14.2 Contributions

Contributions to our open-source projects are governed by the contribution guidelines and license terms specified in each repository.

14.3 Support

Open-source tools are provided on a community support basis. Commercial support may be available under separate agreements.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of England and Wales without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration in Sheffield, England under the rules of the Chartered Institute of Arbitrators, except that either party may seek injunctive relief in court for breaches of confidentiality or intellectual property rights.

15.3 Entire Agreement

These Terms, together with applicable Service Agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

15.4 Amendments

These Terms may only be modified by written agreement signed by both parties, except that we may update these Terms by providing 30 days' notice.

15.5 App Studio Subscription — Cancellation, Refunds, and Data

The following terms apply specifically to App Studio subscriptions (Build Plans and Hosting Plans) at studio.thehyperscale.io.

  • Cancellation: You may cancel your App Studio subscription at any time from within your account settings. Cancellation takes effect at the end of your current billing period. You retain access to the platform until that date.
  • Monthly plans: No refund is issued for the current month. Access continues until the billing period ends.
  • Annual plans: Annual subscriptions are non-refundable except where required by law. If you cancel an annual plan, access continues until the end of the annual term. We do not issue pro-rata refunds for unused months on annual subscriptions.
  • Unused build credits: Build credits that remain unused at cancellation are forfeited and are not refundable.
  • Hosting cancellation and data: If you cancel a Hosting Plan, your application and associated data will remain accessible for 30 days after the cancellation date. After this period, application data will be permanently deleted from our infrastructure. You are responsible for exporting any data you wish to retain before the 30-day window closes.
  • Early Adopter plan: The free Early Adopter plan may be cancelled at any time with no charge. Unused credits expire on cancellation.
  • Changes to plans: We reserve the right to modify App Studio pricing and plan features with 30 days' notice. If you are on an annual plan, changes will not apply until your next renewal date.

15.6 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

15.7 Assignment

These Terms may not be assigned by either party without the other party's written consent, except that we may assign these Terms in connection with a merger, acquisition, or sale of substantially all our assets.

15.8 Force Majeure

Neither party shall be liable for delays or failures in performance due to causes beyond their reasonable control, including acts of God, natural disasters, war, terrorism, or government actions.

15.9 Notices

All notices must be in writing and delivered to the addresses specified in the applicable Service Agreement or these Terms.

15.10 Relationship

The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

16. Contact Information

For questions about these Terms or our services, please contact us:

Hyperscale Consulting
Email: info@hyperscale.consulting
Phone: +447305007280
Address: 15 Paternoster Row, Sheffield, S1 2BX, UK

These Terms of Service were last updated on 19/06/2026 and are effective as of 01/04/2025.