This User Agreement ("Terms") applies to your access to and use of the websites, mobile apps, and other online products and services (collectively, the "Services") provided by Hyprr Inc ("Hyprr", "We" or "Us").
By accessing Hyprr or using our Services you agree to be bound by these Terms, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these Terms, you are prohibited from using or accessing Hyprr.
The materials contained in Hyprr are protected by applicable copyright and trademark laws.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.
1. Who may use the services?
The Services are not available to persons under the age of 18 unless they have obtained permission from their legal guardian.
Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.
Hyprr may hold content which is not content appropriate for users under the age of 18. Hyprr will however ensure that best practices and services are in place to protect users under the age of 18. Hyprr is not responsible for users under the age of 18 being exposed to 18+ content; especially in instances where these Terms have been broken.
Hyprr does not take responsibility for and does not collect information from minors. If we have been made aware of information which we have inadvertently collected from minors, we will take such steps to delete such information from our files as soon as possible.
Should you be accepting these Terms on behalf of another legal entity, such as a business or a government, you represent that you have full legal authority to bind such an entity to these Terms.
2. Your Use of Services
2.1 Hyprr grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. Hyprr reserves all rights not expressly granted to you by these Terms.
This is the grant of a license, not a transfer of title, and under this license you may not:
2.1.1 modify or copy the materials;
2.1.2 use the materials for any commercial purpose, or for any public display (either commercial or non-commercial);
2.1.3 attempt to decompile or reverse engineer any software contained in Hyprr;
2.1.4 remove any copyright or other proprietary notations from the materials; or
2.1.5 transfer the materials to another person or "mirror" the materials on any other server.
2.2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hyprr at any time. Upon termination, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Changes to the Terms
We may update these Terms at any time, in our sole discretion. If we do so, we will deliver a notice either by posting the updated agreement on the App, on the Site, or through other communications based on any contact information Hyprr may hold on your behalf.
4.1 The materials within Hyprr are provided on an 'as is' basis. Hyprr makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
4.2 Further, Hyprr does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to Hyprr.
4.3 By uploading content, the user confirms that they either own the copyright or have permission from the copyright owner to upload, and in the event of copyright infringement, the user indemnifies Hyprr from any action.
5. License Limitations
In no event shall Hyprr or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Hyprr, even if Hyprr or a Hyprr authorized representative has been notified orally or in writing of the possibility of such damage.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Accuracy of materials
The materials appearing in Hyprr could potentially include technical, typographical, or photographic errors. Hyprr does not warrant that any of the materials on Hyprr are accurate, complete or current. Hyprr may make changes to the materials contained in Hyprr at any time without notice. However, Hyprr does not make any commitment to update the materials.
Hyprr has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hyprr of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
9. Prohibited Activities
In addition to the License Limitations, there are other activities that you are forbidden from doing in connection with the Service ("Prohibited Activities") as follows:
9.1 Posting illegally explicit or offensive material and any material deemed illegal by operating jurisdictions.
9.2 Disruption. You may not in any way disrupt or interfere with the Service experience of other users, including the disruption of Hyprr computers and servers.
9.3 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself out as a Hyprr employee, representative, or any other Hyprr connected person or being affiliated with any such person or entity. For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users.
9.4 Naming Rights. You may not use any name or other intellectual property belonging to Hyprr or any other third party in your use of the Service and affiliates (for example, naming a profile after a celebrity, company, product).
9.5 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with the Service. This includes every illegal activity not specifically highlighted above, including without limitation copyright infringement, trademark infringement, gambling, defamation, harassment, and fraud.
9.6 Non-Commercial Spamming/Spimming. You may not use (or abuse) the Service to harass other users.
9.7 Abusive behaviour. There is a zero-tolerance policy abuse on any Hyprr platform. Users conducting abuse against other users on any Hyprr platform will be actioned against as previously stated.
In its discretion, Hyprr may use a variety of methods to deal with violations of these Terms and the Prohibited Activities, including, but not limited to, any of the following:
• Issuing a warning;
• Temporarily suspending an account;
• Permanently terminating an account;
• Removing the ability to complete certain actions on any Hyprr applications
In addition, Hyprr shall be entitled to terminate any account (immediately and without notice) of any person who:
(1) was previously suspended or terminated by Hyprr and who Hyprr believes (in its sole discretion) re-registered using different registration information in order to circumvent or bypass such suspension or termination, or
(2) Hyprr believes (in its sole discretion, based upon any information available, including registration and account information) that such person is enabling or assisting anyone else to conduct any Prohibited Activities of any kind.
10. Using the Wallet and making payments
10.1 Account and Private Keys.
Should you agree to create an Account through our Service, we will generate a cryptographic private and public key pair that are provided solely to you and completely owned by you. Hyprr does not have access to your Private Key and do not maintain custody of any Private Keys on your behalf, and therefore, we assume no responsibility for the management of the Private Key tied to your Account. The Private Key uniquely matches the Account name and must be used in connection with the Account to authorize the transfer of tokens from that Account. You are solely responsible for maintaining the security of your Private Keys. You must keep your Private Key access information secure. Failure to do so may result in the loss of control of any balances held within your Account.
10.2 Making payments
You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any blockchain transaction initiated via the Services, for instance, if you mistype an Account name or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
10.3 No Cancellations or Modifications.
Once transaction details have been submitted to the Hyprr blockchain via the Services, The Services cannot assist you to cancel or otherwise modify your transaction details. We have no control over the Hyprr blockchain and do not have the ability to facilitate any cancellation or modification requests.
11. Refund Policy
We understand that there may be circumstances in which you may not be entirely satisfied with the Hyprr tokens that you have purchased through the Hyprr platform.
In such circumstances we will guarantee to refund these tokens providing that you have not used any of the Hyprr tokens which you are claiming a refund for and we receive a refund request within 14 days of purchase.
If you would like to request a refund for your purchase of Hyprr tokens, you will need to submit a refund request in your wallet on the Hyprr website.
It is your responsibility to determine what, if any, taxes apply to the transactions you for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the we are not responsible for determining whether taxes apply to your Hyprr blockchain transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Hyprr blockchain transactions.
13. Our relationship with You
Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy, or trusteeship, between you and us.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third-party service providers and our officers, employees, licensors, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your content (c) your violation of these Terms, or (d) your violation of applicable laws or regulations.
We reserve the right to control the defence of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
15.1 Accuracy of Content
The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, and non-infringement. Hyprr, its licensors, and its third-party service providers do not warrant that the services are accurate, complete, reliable, current, or error free.
15.2 Responsibility for Content
Hyprr does not control, endorse, or take responsibility for any content made available on or linked to the services or the actions of any third party or user, including moderators.
15.3 Viruses and Harmful Components
While Hyprr attempts to make your access to and use of our services safe, we do not represent or warrant that our Services or servers are free of viruses or other harmful components.
16. Limitation of Liability
In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will the Hyprr entities be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or loss of profits arising from or relating to these Terms or the Services, including those arising from or relating to content made available on the Services that is alleged to be a prohibited activity.
Access to, and use of, the services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
In no event will the aggregate liability of the Hyprr entities exceed the greater of one hundred U.S. dollars ($100) or any amount you paid Hyprr in the previous six months for the services giving rise to the claim. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the Hyprr entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose, the foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.