Terms of Service

1. Intellectual Property & The 7Levels™ Framework Purpose: Establishes absolute ownership over your 30 years of methodology and the software architecture.

1.1 Ownership of Platform: HyperscaleCx retains all right, title, and interest, including all intellectual property rights, in and to the Platform, the 7Levels™ methodology, the underlying AI models, the user interface, and all software logic (the "HyperscaleCx IP").

1.2 No Transfer of Rights: Nothing in these Terms grants the User any ownership rights to the HyperscaleCx IP. The User is granted a limited, non-exclusive, non-transferable license to access the Platform solely for their internal project execution.

2. AI-Generated Outputs & Derivative Works Purpose: Allows users to download your PDFs for their job sites, but strictly prevents them from repackaging your checklists as their own software or training a competing AI.

2.1 Use of Outputs: Any checklists, pre-functional testing (PFC) scripts, or project data generated by the 7Levels AI (the "Outputs") are licensed to the User solely for use on the specific construction or commissioning project for which they were generated.

2.2 Prohibited Exploitation: The User shall not: (a) resell, license, or commercially distribute the Outputs to third parties outside of normal project handover documentation; (b) use the Outputs to build a competitive product, QMS, or commissioning software; or (c) use the Outputs to train, fine-tune, or develop any artificial intelligence or machine learning models.

3. Acceptable Use & Anti-Scraping Purpose: Prevents competitors from writing a script to auto-generate every possible L1-L5 checklist and stealing your entire database.

3.1 System Integrity: The User agrees not to use automated systems, bots, scrapers, or spiders to access, query, or extract data from the 7Levels AI or the HyperscaleCx QMS.

3.2 Reverse Engineering: The User shall not attempt to reverse engineer, decompile, or decipher the system prompts, logic weighting, or underlying architecture of the 7Levels AI. Violation of this clause will result in immediate account termination and potential legal action.

4. Document Parsing & Data Training Purpose: Protects you when users upload sensitive General Contractor (GC) documents (like equipment schedules) into your AI scanner.

4.1 User Document Rights: When a User uploads schedules, single-line diagrams, or submittals ("User Documents") to the AI scanner, the User represents they have the legal authority from the facility owner or General Contractor to do so.

4.2 Processing License: The User grants HyperscaleCx a secure, limited license to process User Documents solely for the purpose of extracting asset data into the User's QMS dashboard. HyperscaleCx will not use proprietary User Documents or confidential facility data to train its foundational AI models without explicit, opt-in consent.

5. Limitation of Liability & Physical Risk Exclusions (The "Hard Hat" Clause) Purpose: The most critical clause for a Cx platform. You are providing software; they are racking breakers and energizing 2MW UPS systems. You cannot be liable if they blow something up.

5.1 Not Professional Engineering Advice: The 7Levels AI and HyperscaleCx QMS provide baseline quality assurance and commissioning templates based on standard industry practices. HyperscaleCx is a software provider, not a licensed Professional Engineer (PE) or Architect of Record.

5.2 Assumption of Field Risk: The User acknowledges that commissioning hyperscale data centers involves inherent physical and electrical risks. The User is solely responsible for verifying all AI-generated checklists against OEM specifications, site-specific topologies, NETA testing standards, and local electrical codes prior to execution.

5.3 Absolute Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERSCALECX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO: EQUIPMENT DAMAGE, ARC FLASH INCIDENTS, FACILITY DOWNTIME, DELAY DAMAGES, OR BREACH OF CONTRACT CLAIMS FROM THIRD PARTIES. In no event shall HyperscaleCx’s total liability exceed the total amount paid by the User for the software subscription in the twelve (12) months preceding the claim.