Terms of Use

Website terms of use

Please read these website terms of use carefully before using this website (the “website”). These website terms of use (the “terms of use”) govern your access to and use of the website. The website is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the website. By accessing or using the website, you and the entity you are authorized to represent (“you” or “your”) signify your agreement to be bound by the terms of use.

This document contains:

1. User Eligibility
2. Scope of Terms of Use
3. Modifications
4. Hyperlift Aerospace and Defense Privacy Policy
5. License and Ownership
6. Restrictions on Use of the Website
7. Access to Information through this website
8. Links
9. Submissions
10. Termination
11. Disclaimer of Warranties
12. Limitation of Liability
13. Compliance with Laws
14. Jurisdiction
15. Governing Law and Language
16. General
17. Written Document
18. Complete Agreement

1. User Eligibility

The website is provided by Hyperlift Aerospace and Defense and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the website. The website is operated by Hyperlift Aerospace and Defense and represents itself and its Affiliates. Affiliates means any person or company controlled by Hyperlift Aerospace and Defense. Control means the power of a person or company, by virtue of contract or otherwise, to secure that the affairs of a company are conducted in accordance with its wishes whether by means of: being the owner of more than 50% of the issued share capital of the company, or having the right to appoint or remove the majority of its directors or otherwise controlling the votes at its board meetings, and the terms Controlling, Controlled by and under Common Control shall be construed accordingly. Any reference or action by Hyperlift Aerospace and Defense shall collectively mean and be on behalf of Hyperlift and its Affiliates herein.

2. Scope of Terms of Use

These Terms of Use govern your use of the website and all applications, software, and services (collectively, “Services”) available on the website, except to the extent such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you on the website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable services or are listed in association with or through a hyperlink associated with the applicable services.

Any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law is strictly prohibited. Hyperlift Aerospace and Defense reserves the right to delete, modify or supplement any communications you send to this site or otherwise to Hyperlift Aerospace and Defense by electronic or other means. Unless otherwise covered by a non-disclosure agreement, Hyperlift Aerospace and Defense considers such communications non-proprietary and shall be free to use the content including any ideas, inventions, concepts, techniques or knowhow disclosed therein, for any purpose, including developing, manufacturing and/or the marketing goods or services.

3. Modifications

Hyperlift Aerospace and Defense may revise and update these Terms of Use at any time. Your continued usage of the website after any changes to these Terms of Use will mean you accept those changes. Any aspect of the website may be changed, supplemented, deleted or updated without notice at the sole discretion of Hyperlift Aerospace and Defense. Hyperlift Aerospace and Defense may establish or change, at any time, general practices and limits concerning other Hyperlift Aerospace and Defense products and services in its sole discretion.

4. Hyperlift Aerospace and Defense Privacy Policy

The Hyperlift Aerospace and Defense Privacy Policy governs the use of information collected from or provided by you on the website. With respect to any individual whose personal information is provided by you to Hyperlift Aerospace and Defense, you represent to Hyperlift Aerospace and Defense that You have obtained all necessary consents for the processing of such personal information contemplated by the services you are using and by the Hyperlift Aerospace and Defense Privacy Policy, including the transfer of such data to Brazil or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

5. License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the website and its contents (the “Content”) are the sole property of Hyperlift Aerospace and Defense, its affiliates or third parties. The content is protected by copyright and other laws in both Brazil and other countries. Elements of the website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the website are trademarks, service marks or trade dress (“Marks”) of Hyperlift Aerospace and Defense, its affiliates or other entities that have granted Hyperlift Aerospace and Defense the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Hyperlift Aerospace and Defense.

Except as otherwise expressly authorised by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the website in any way without Hyperlift Aerospace and Defense’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Hyperlift Aerospace and Defense does not grant to you any expressed or implied rights to Hyperlift Aerospace and Defense’s or any third party’s Intellectual Property.

Hyperlift Aerospace and Defense grants you a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the website, content and services only in the manner presented by Hyperlift Aerospace and Defense, and (b) access and use the Hyperlift Aerospace and Defense computer and network services offered within the Website (the “Hyperlift Aerospace and Defense Systems”) only in the manner expressly permitted by Hyperlift Aerospace and Defense. Except for this limited license, Hyperlift Aerospace and Defense does not convey any interest in or to the Hyperlift Aerospace and Defense Systems, information or data available via the Hyperlift Aerospace and Defense Systems (the “Information”), content, services, website or any other Hyperlift Aerospace and Defense property by permitting you to access the website.

Except to the extent required by law or as expressly provided herein, none of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Hyperlift Aerospace and Defense. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by Hyperlift Aerospace and Defense.

6. Restrictions on the Use of the Website

In addition to other restrictions set forth in these Terms of Use, you agree that:

1. You shall not disguise the origin of information transmitted through the website.
2. You will not place false or misleading information on the website.
3. You will not use or access any service, information, application or software available via the website in a manner not expressly permitted by Hyperlift Aerospace and Defense.
4. You will not input or upload to the website any information which contains viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the website or information or that infringes the Intellectual Property (defined below) rights of another.
5. You may not use or access the website or the Hyperlift Aerospace and Defense Systems or Services in any way that, in Hyperlift Aerospace and Defense’s judgment, adversely affects the performance or function of the Hyperlift Aerospace and Defense Systems, Services or the website or interferes with the ability of authorised parties to access the Hyperlift Aerospace and Defense Systems, Services or the website.
6. You may not frame or utilise framing techniques to enclose any portion or aspect of the content or the information, without the express written consent of Hyperlift Aerospace and Defense.

7. Access to Information through this Website

Your use and access of the information are subject to the following terms:

1. The information is the private property of Hyperlift Aerospace and Defense. Hyperlift Aerospace and Defense authorises you to use the information solely to be informed about our products and services and for no other purpose. Without limitation, you are not authorised to make the information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Information for commercial gain without the express written consent of Hyperlift Aerospace and Defense. This is a personal service, thus your right to use the information is non-assignable. Any access or use that is inconsistent with these terms is unauthorised and strictly prohibited.
2. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

8. Links

1. Outbound Links. The website may contain links to third-party websites and resources (collectively, “Linked Sites”). These linked sites are provided solely as a convenience to you and not as an endorsement or approval by Hyperlift Aerospace and Defense of the content on such linked Sites. Hyperlift Aerospace and Defense makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. Hyperlift Aerospace and Defense is not responsible for the availability of the linked sites or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. In addition, your use of linked sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the linked site’s privacy policy.
2. Inbound Links. Linking to any page of the website other than to https://www.hyper-lift.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Hyperlift Aerospace and Defense. Any website or other device that links to https://www.hyper-lift.com or any page available therein is prohibited from (a) replicating content, (b) using a browser or border environment around the content, (c) implying in any fashion that Hyperlift Aerospace and Defense or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Hyperlift Aerospace and Defense or any of its subsidiaries, (e) presenting false information about Hyperlift Aerospace and Defense products or services, and (f) using any logo or mark of Hyperlift Aerospace and Defense or any of its affiliates without express written permission from Hyperlift Aerospace and Defense.
3. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by You. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

9. Submissions

Hyperlift Aerospace and Defense does not accept ideas, concepts, or techniques for new services or products through the website (“Comments”). If such comments are received, you acknowledge that (a) they will not be considered confidential or proprietary, (b) Hyperlift Aerospace and Defense and its affiliates are under no obligation to keep such information confidential, and (c) Hyperlift Aerospace and Defense will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

10. Termination

You agree that Hyperlift Aerospace and Defense, in its sole discretion, may terminate or suspend your use of the website, the Hyperlift Aerospace and Defense systems, information, services and content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the website, and (b) destroy any copies you have made of any portion of the content. Accessing the website, the Hyperlift Aerospace and Defense Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Hyperlift Aerospace and Defense shall not be liable to you or any third party for any termination or suspension of your access to the website, the Hyperlift Aerospace and Defense systems, information and/or the services.

11. Disclaimer of Warranties

Hyperlift Aerospace and Defense makes no representations about the results to be obtained from using the website, the Hyperlift Aerospace and Defense systems, the services, the information or the content. The use of same is at your own risk. The website, the Hyperlift Aerospace and Defense systems, the information, the services and the content are provided on an “as is” basis. Hyperlift Aerospace and Defense, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Hyperlift Aerospace and Defense and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website or the Hyperlift Aerospace and Defense systems. No information obtained by you from the website shall create any warranty not expressly stated by Hyperlift Aerospace and Defense in these terms of use.

Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.

12. Limitation of Liability

To the extent permitted by applicable law and to the extent that Hyperlift Aerospace and Defense is otherwise found responsible for any damages, Hyperlift Aerospace and Defense is responsible for actual damages only. To the extent permitted by law, in no event shall Hyperlift Aerospace and Defense, its affiliates, its licensors, its suppliers or any third parties mentioned at the website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website, the Hyperlift Aerospace and Defense systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Hyperlift Aerospace and Defense is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use.

13. Compliance with Laws

You agree to use the website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Hyperlift Aerospace and Defense, negatively reflect on the goodwill or reputation of Hyperlift Aerospace and Defense and shall take no actions which would cause Hyperlift Aerospace and Defense to be in violation of any laws, rulings or regulations applicable to Hyperlift Aerospace and Defense.

Hyperlift Aerospace and Defense and the website are based in Brazil. Brazil and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the services) to countries or persons prohibited under any applicable export control laws or regulations. If you access and download the content (including any software or the Services) or information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the content (including any software or the Services).

14. Jurisdiction

To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the website, the Hyperlift Aerospace and Defense systems, information, services and content shall be instituted in a court sitting in São Paulo, Brazil and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of.