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HYSPIRE PTE. LTD. TERMS OF USE
Effective Date: 2026.08.31
These Terms of Use (these “Terms”) are a legally binding agreement between Hyspire Pte. Ltd. (“Hyspire,” “we,” “us,” or “our”), a company incorporated in Singapore with its registered office at 10 Anson Road, #33-03 International Plaza, Singapore 079903, and you. You can contact us at support@hyspire.io. Please read these Terms and our Privacy Policy carefully before using any of our Services.
These Terms apply to your use of our mobile games and applications, our websites, and all related content, features, software, and services that we provide, on any device (collectively, the “Services”). Any reference to the “Services” in these Terms includes any part of the Services.
PLEASE NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION PROVISION THAT, IF YOUR COUNTRY OF RESIDENCE IS THE UNITED STATES, REQUIRES MOST DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND INCLUDES A WAIVER OF JURY TRIALS, AND A WAIVER OF CLASS ACTIONS THAT APPLIES WHEREVER PERMITTED, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF THE LAWS OF YOUR JURISDICTION DO NOT PERMIT MANDATORY ARBITRATION OR CLASS ACTION WAIVERS, THIS PROVISION DOES NOT APPLY TO YOU TO THAT EXTENT.
THE DISPUTE RESOLUTION PROVISION, INCLUDING INSTRUCTIONS FOR OPTING OUT OF ARBITRATION, IS SET OUT IN SECTION 14.
1. Acceptance and Changes to These Terms
1.1 By downloading, installing, accessing, or using any of our Services, or by clicking a button or checking a box that indicates your acceptance, you agree to be bound by these Terms and by all terms incorporated into them by reference. If you do not agree to these Terms, do not access or use the Services.
1.2 We may modify these Terms from time to time. When we do, we will post the updated Terms within the Services or on our website and update the effective date shown above, and we may give you additional notice (for example, an in-game message) where a change is material or where applicable law requires it. Unless we state otherwise or applicable law requires otherwise, updated Terms take effect when posted. By continuing to use the Services after updated Terms take effect, you agree to the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
2.1 Our Privacy Policy, available at https://hyspire.io/policy/policy.html, explains what information we collect when you use the Services, how we use and share it, and the choices you have. Please review the Privacy Policy carefully; it also governs your use of the Services. By using the Services, you acknowledge that we will process your information as described in the Privacy Policy, except where applicable law requires us to obtain your consent in a particular manner.
3. Age of Users and Parental Responsibility
3.1 The Services are not intended for, and may not be accessed or used by, anyone under thirteen (13) years of age. If you are thirteen (13) or older but under the legal age of majority in the place where you live (a “Minor”), your parent or legal guardian must review and agree to these Terms on your behalf before you use the Services. By using the Services, you represent that you are at least thirteen (13) years of age and that you have reached the legal age of majority in your place of residence or have obtained your parent or legal guardian’s permission to use the Services. We may suspend or terminate the access or Account of any user we reasonably believe to be under thirteen (13) years of age.
3.2 If you are the parent or legal guardian of a Minor and you permit that Minor to use the Services, you agree to:
(a) read these Terms, accept them on the Minor’s behalf, and be bound by them;
(b) supervise the Minor’s use of the Services, including any viewing of advertisements and any in-app purchases;
(c) use the parental controls made available by us, by the Minor’s device, or by the relevant app marketplace as you consider appropriate, including purchase-approval and screen-time settings;
(d) determine whether the Services are appropriate for the Minor, including by setting reasonable limits on the Minor’s playing time; and
(e) be legally responsible for your own acts and omissions and those of the Minor in connection with the Services.
3.3 Where applicable data protection law requires the consent of a parent or legal guardian for the processing of a Minor’s personal information — for example, for users under 14 in the Republic of Korea — we will obtain that consent as described in our Privacy Policy.
4.1 If the Services allow you to create or link a user profile, user ID, or other account (your “Account”), you must provide truthful and accurate information, keep your Account credentials secure, and not share them with anyone. You are responsible for all activity that occurs on your Account. Unless we say otherwise, the Services support only one Account per game on a supported device. You accept responsibility for any unauthorized use of the Services by a Minor, and for any use of your payment card or other payment method by a Minor, whether or not you authorized that use. Nothing in this Section affects any right you may have under applicable law or under the relevant Platform’s refund policies.
4.2 You agree that you will not do, will not attempt to do, and will not encourage or enable anyone else to do, any of the following:
(a) use the Services where the laws that apply to you prohibit it, or otherwise in violation of any applicable law, regulation, or government order;
(b) use the Services in violation of any other agreement, or any policy or rule that we publish and that applies to the Services, or in violation of any third party's intellectual property, privacy, publicity, or other proprietary rights;
(c) use the Services after we have told you to stop, or after your access has been suspended or terminated;
(d) sell, rent, share, transfer, or give away your Account, your game progress, or your access credentials, or use anyone else’s Account;
(e) create an Account using a false identity or false information, or on behalf of anyone other than yourself;
(f) use the Services or any Account for commercial purposes, except as permitted by Section 5.4;
(g) harass, threaten, bully, defame, or abuse other users, or use language in the Services that is unlawful, obscene, pornographic, hateful, or racially or ethnically offensive;
(h) impersonate any person, or falsely state or imply that you are an employee or representative of Hyspire;
(i) attempt to obtain passwords, Account information, or other private information from other users, or post or share another person’s personal information without that person’s consent;
(j) cheat, or create, use, distribute, or promote cheats, exploits, hacks, bots, mods, scripts, or any unauthorized third-party software designed to modify or interfere with the Services or anyone’s experience of them;
(k) probe, scan, or test the vulnerability of the Services or any related system or network, or circumvent, disable, or interfere with any security or authentication measure or any feature that restricts or limits use of the Services;
(l) modify, adapt, translate, reverse engineer, decompile, or disassemble the Services or any software within them, or create derivative works from them, except to the extent applicable law expressly permits this notwithstanding the restriction;
(m) intercept, emulate, or redirect the communication protocols used by the Services, or host or provide matchmaking or connection services for them;
(n) upload or transmit any virus, worm, or other malicious or invasive code, or any material that acts as a mechanism for collecting or transmitting information about others, such as web bugs or tracking pixels;
(o) overload, flood, spam, “mail bomb,” “crash,” or otherwise attack or disrupt the Services or the servers, systems, or networks that support them;
(p) transmit or make available through the Services any advertising, promotional materials, chain letters, or other forms of solicitation;
(q) disrupt the normal flow of gameplay or communications, or otherwise act in a manner that negatively affects other users’ ability to use or enjoy the Services;
(r) abuse or make improper use of our customer support functions, or submit false reports or complaints;
(s) use any data-mining, scraping, spidering, or similar data-gathering or extraction tools in connection with the Services;
(t) sell or exchange, or offer to sell or exchange, any part of the Services — including any Account or any Virtual Item — for money or anything of value outside the Services;
(u) use any payment card or other payment method in connection with the Services without the authorization of its holder;
(v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice within the Services, or use our or our licensors’ trademarks, service marks, or trade names, or any confusingly similar variations of them, without authorization;
(w) use tools that disguise your identity or location, such as tools that anonymize your internet protocol address, in order to bypass restrictions that apply to the Services in any territory;
(x) use the Services for gambling, betting, or any similar activity in which prizes or rewards can be won, directly or indirectly, including betting on the outcome of any match or event in which you take part, whether or not a fee or stake is involved;
(y) use the Services in any way that would violate any export control, economic sanctions, anti-money laundering, or similar law or regulation, including those of the United States, the European Union, or Singapore.
5. License to Use the Services
5.1 Subject to your compliance with these Terms, we grant you a personal, limited, conditional, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the Services on devices that you own or control, solely for your own entertainment and other non-commercial purposes, subject to Section 5.4. This license may be revoked as set out in these Terms, and nothing in these Terms transfers to you any right, title, or interest in the Services.
5.2 To the fullest extent permitted by applicable law, we reserve the right to determine, in our sole discretion, what conduct falls outside the intent or spirit of the Services, and to take action accordingly.
5.3 The Services are evolving. We may change, update, or replace the Services, or any game or feature within them, at any time, with or without notice to you. We may require you to accept and install updates in order to continue using the Services, and you may also need to update third-party software, including your device's operating system. If you do not install a required update, some or all of the Services may stop working on your device.
5.4 Content Creation. Subject to these Terms and to any content creation policy we publish, you may record, stream, and share footage and screenshots of your own gameplay (“Gameplay Content”), and you may monetize Gameplay Content through advertising, channel memberships, subscriptions, sponsorships, or similar features of the platform where you publish it. You must not: present Gameplay Content as official or endorsed by us, or use our names, logos, or trademarks in a way that suggests it is; sell or license Gameplay Content as a standalone product or asset; use Gameplay Content in or to promote anything that competes with the Services, or anything unlawful or objectionable; or breach the rules of the platform where you publish. This permission gives you no other right to use our intellectual property, and we may vary or withdraw it at any time. Some music or other material in the Services is licensed to us on terms that do not extend to you. You are responsible for any third-party rights in material you include in Gameplay Content.
6.1 The Services may offer limited access to virtual items that can be used only within our games, such as in-game currency, boosters, lives, and other in-game content and features (“Virtual Items”). Our games are free to play, and you can play them without purchasing Virtual Items. Virtual Items are offered solely to enhance your entertainment experience.
6.2 Virtual Items are licensed to you, not sold. Subject to these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, and revocable license to use Virtual Items that you obtain, solely within the Services. You have no ownership, property, or other proprietary interest in any Virtual Item. Virtual Items have no monetary value, do not represent or store anything of value, and cannot be transferred, sold, traded, redeemed, or exchanged for money, goods, or services outside the Services. Any attempt to do so violates these Terms.
6.3 Virtual Items remain part of the Services and are owned by or licensed to Hyspire. You do not acquire any ownership, property, or other proprietary interest in Virtual Items, regardless of whether they are earned, awarded, or purchased.
6.4 We may manage, regulate, modify, limit, or remove Virtual Items where reasonably necessary to operate, update, balance, secure, or discontinue the Services. Any such action will be subject to applicable law and the relevant Platform’s policies. The prices and availability of Virtual Items may change at any time before you complete a purchase.
6.5 If your access to the Services is suspended or terminated, your ability to use Virtual Items may also be suspended or terminated. Unused Virtual Items may be canceled or forfeited, except where applicable law or the relevant Platform’s policies require otherwise.
7. Purchases, Subscriptions and Refunds
7.1 Purchases Through Platforms. All purchases within the Services are made through the third-party app marketplace from which you downloaded the relevant game, such as the Apple App Store or Google Play (each, a “Platform”). Your purchase is processed by the Platform under the Platform’s own terms of service and payment policies, which apply to the transaction in addition to these Terms. Any payment information you provide is collected and processed by the Platform, not by us. We do not receive or store your full credit card number or bank account credentials, although we may receive transaction information from the Platform, such as purchase identifiers, product details, prices, and payment-validation information. Prices are displayed to you by the Platform before you complete a purchase, and the Platform may add applicable taxes. You agree to pay all fees and applicable taxes incurred in connection with the Services by you, or by anyone using an Account registered to you.
The Services may offer optional subscriptions that provide recurring benefits (“Subscriptions”). If you purchase a Subscription, you authorize the Platform to charge you the subscription fee, plus any applicable taxes, for the first subscription period and, on a recurring basis at the then-current fee, for each renewal period, until you cancel. Your Subscription renews automatically at the end of each subscription period unless you cancel it before the renewal date.
You can cancel your Subscription at any time through your account settings on the relevant Platform. If you cancel, your Subscription remains active until the end of the period you have already paid for and then ends without further charges. Deleting a game does not by itself cancel a Subscription. If a recurring charge cannot be processed, we or the Platform may suspend or end your Subscription benefits.
Except as required by applicable law or provided under the relevant Platform’s refund policies, purchases are final and are not refundable, transferable, or exchangeable. Refund requests must generally be submitted to the Platform through which the purchase was made, using that Platform’s refund process. Nothing in these Terms limits any refund, cancellation, withdrawal, conformity, or other consumer right that cannot be waived under the laws applicable to you. Where applicable law requires a separate request, consent, acknowledgment, or disclosure in connection with the immediate supply of digital content or the loss of a withdrawal right, this will be addressed through the relevant purchase process.
If you believe that a purchase was charged incorrectly or that purchased content was not delivered, please contact the relevant Platform and notify us at support@hyspire.io as soon as reasonably possible so that we can assist. If we reasonably determine that purchases made through your Account are fraudulent or abusive, or that your Account shows an excessive pattern of chargebacks or payment disputes, we may suspend or revoke the associated Virtual Items or Subscription benefits and take other action permitted under these Terms.
8.1 Our Services are supported in part by advertising. The Services may display advertisements and promotional content served by us or by third-party advertising networks, in formats that may include banner, interstitial, video, playable, and rewarded advertisements. The nature, frequency, and placement of advertising may change at any time.
8.2 Advertisements are third-party content. We do not endorse, and we are not responsible for, the content of any advertisement or any product, service, or website that an advertisement promotes. If you interact with an advertisement — including by clicking through to an advertiser’s website or application, or by purchasing anything from an advertiser — your dealings are solely between you and that advertiser and are governed by the advertiser’s own terms and privacy policies.
8.3 Where the Services offer an in-game reward for viewing an advertisement, we will use commercially reasonable efforts to credit the reward once the advertisement has been completed as required. Delivery of advertisements depends on third-party ad networks, and technical failures can occur; if you do not receive a reward you believe you have earned, please contact us at support@hyspire.io. We are not responsible for offers, promotions, or fulfillment obligations of advertisers or advertising networks.
8.4 Advertising networks may collect and process certain information in connection with serving advertisements, as described in our Privacy Policy and in the networks’ own privacy policies.
9.1 The Services may allow you to create, post, transmit, or make available content such as text, display names, messages, images, or other materials (“User Content”). You are solely responsible for your User Content and for your interactions with other users. You represent and warrant that you have all rights necessary in your User Content, that it does not infringe or violate the intellectual property, privacy, or other rights of any person, and that it complies with these Terms and applicable law.
9.2 To the fullest extent permitted by applicable law, the burden of proving that your User Content does not infringe or violate any law or any right of any person rests with you.
9.3 By making User Content available through the Services, you grant us, solely for the purpose of operating, providing, maintaining, securing, improving, promoting, and marketing the Services, a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license — including the right to assign that license and to authorize others to exercise the rights granted under it — to use, host, store, copy, reproduce, adapt, modify, translate, create derivative works from, publish, distribute, transmit, broadcast, communicate to the public, publicly display, publicly perform, and otherwise exploit your User Content and all modified and derivative works of it, in any format and on any medium now known or later developed. You also grant us the right to use your name, likeness, and any other information or material included in or provided in connection with your User Content for those purposes. Except where prohibited by applicable law, you waive any rights of attribution and any moral rights you may have in your User Content, whether or not that User Content is altered. This license does not give us ownership of your User Content, and nothing in these Terms restricts your own use of it. We have no obligation to monitor or enforce your intellectual property rights in your User Content.
9.4 We have no obligation to monitor User Content, and we do not endorse or pre-screen it. We may, however, remove, refuse, or restrict any User Content at any time in our reasonable discretion, including where we consider it to violate these Terms. Communications you make through the Services, such as messages visible to other users, are not confidential; do not share personal information through them.
9.5 We may monitor and record your use of the Services and any communications you send or receive through them, including chat messages, using our staff or automated tools. We may do this to enforce these Terms, keep the Services safe and fair, prevent fraud and abuse, provide support, and comply with applicable law. By using the Services, you consent to that monitoring and recording, and you acknowledge that you have no expectation of privacy in any communication transmitted through the Services. We are not required to monitor, and our right to do so does not create any duty to you or anyone else. How we handle information collected this way is described in our Privacy Policy, and where applicable law requires separate consent for this collection, we will obtain it separately.
9.6 We have no obligation to become involved in any dispute between you and another user, although we may choose to do so. To the fullest extent permitted by applicable law, you release the Hyspire Parties (as defined in Section 13.1) from all claims, demands, and damages of every kind, whether known or unknown, arising out of or connected with any dispute between you and another user.
9.7 We welcome feedback, suggestions, and ideas about the Services (“Feedback”). If you provide Feedback, you agree that we may use it for any purpose without restriction or compensation to you.
10. Intellectual Property and Copyright Complaints
10.1 The Services, and all rights, title, and interest in and to them — including our games, software, code, artwork, animations, sounds, music, text, designs, characters, gameplay mechanics, titles, themes, branding, trademarks, trade names, logos, in-game chat transcripts, character and profile information, recordings of gameplay made using our game clients, and all other content and materials within the Services, and all intellectual property rights in each of the foregoing — are owned by or licensed to Hyspire and are protected by copyright, trademark, and other intellectual property laws and international treaties. Except for the limited licenses expressly granted in these Terms, nothing in these Terms grants you any right, title, or interest in the Services. Unauthorized use of our or our licensors’ trademarks is strictly prohibited. Trademarks of third parties that appear within the Services belong to their respective owners. Our rights in User Content are as set out in Section 9.3.
10.2 We respect copyright and expect our users to do the same. We may, in appropriate circumstances, terminate the Accounts of users who repeatedly infringe, or are reasonably believed to repeatedly infringe, the rights of copyright holders. Our Copyright Policy is available at https://hyspire.io/policy/copyrightpolicy.html.
10.3 If you are a copyright owner, or an agent of one, and believe that content within the Services infringes your copyright, please send a written notice to us using the contact details in Section 16.10 that includes:
(a) identification of the copyrighted work you claim has been infringed or, if your notice covers multiple works, a representative list of those works;
(b) identification of the material you claim is infringing, and information reasonably sufficient to allow us to locate it within the Services;
(c) your contact information, including your name, address, telephone number, and email address;
(d) a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf; and
(f) your physical or electronic signature.
11. Platform Providers and Third-Party Services
11.1 Where you download or access the Services through a Platform, you must also comply with the Platform’s terms of service and policies (“Platform Terms”), and a violation of the Platform Terms is also a violation of these Terms. In the event of a conflict between these Terms and the Platform Terms, the Platform Terms control solely to the extent the conflict relates to the rights or obligations of the Platform.
11.2 The Services may also contain links to, or content, software, and services provided by, third parties. We provide access to such third-party content and services as an intermediary only; we do not control them and are not responsible for their content, policies, or practices, including their collection or use of your information. Your use of third-party content and services is at your own risk and subject to the relevant third party’s terms and policies.
12. Suspension and Termination
12.1 You may stop using the Services at any time and for any reason, including by deleting our applications from your devices and, where the Services provide the option, deleting your Account.
12.2 We may suspend, limit, or terminate your access to all or part of the Services, including any Account, if you breach, or we reasonably suspect that you have breached, these Terms, or if we reasonably consider such action necessary to protect the Services, our users, or third parties, address a technical, security, fraud, or abuse issue, or comply with applicable law. Where reasonably practicable, we may give you notice of the action and an opportunity to correct the issue. We may also terminate or restrict access for other legitimate business reasons on reasonable notice, subject to applicable law.
12.3 Upon termination of your access to the Services, the licenses and rights granted to you under these Terms will end. Your ability to access or use Virtual Items, Subscription benefits, game progress, or other content associated with the affected Service may also end, subject to applicable law and the relevant Platform’s policies. Provisions that by their nature should survive termination, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution, will continue to apply.
12.4 We may remove or reclaim any username at any time and for any reason, including where a third party claims that the username infringes its rights.
12.5 We may modify, discontinue, stop supporting, or withdraw any Service, game, feature, or part of the Services. Where reasonably practicable, we will provide reasonable notice of a material discontinuation. Any treatment of paid Subscriptions, purchased Virtual Items, or other paid benefits following discontinuation will be subject to applicable law and the relevant Platform’s policies.
13. Disclaimers, Liability and Indemnification
In these Terms, “Hyspire Parties” means Hyspire, its Affiliates, and its and their respective directors, officers, employees, contractors, agents, licensors, and service providers. “Affiliate” means any entity that controls, is controlled by, or is under common control with a party. This Section applies to you only to the maximum extent permitted by applicable law.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HYSPIRE PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HYSPIRE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HYSPIRE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE HYSPIRE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO HYSPIRE IN CONNECTION WITH THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT THE CLAIM; AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability arising from our gross negligence or willful misconduct, or your rights as a consumer under mandatory provisions of the laws of the country in which you reside.
13.3 Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Hyspire Parties from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms, your User Content, or your misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
14. Dispute Resolution and Arbitration
This Section requires you and Hyspire to arbitrate certain disputes on an individual basis and limits the ways in which you and Hyspire can seek relief from each other. Please read it carefully. This Section applies to you only to the extent that the laws of your Country of Residence permit an agreement to arbitrate of this kind; to the extent they do not, Disputes will be resolved as set out in Section 15 and under the mandatory laws of your Country of Residence.
“Dispute” means any past, present, or future dispute, claim, or controversy between you and Hyspire or any of the Hyspire Parties arising out of or relating to the Services, these Terms, or your relationship with Hyspire, whether arising before or after you agreed to these Terms, and whether based on contract, tort, statute, or any other legal theory. “Country of Residence” means the country in which you hold citizenship or permanent legal residence or, if different, the country from which you principally access the Services; if more than one country qualifies, your Country of Residence is the country with which you are most closely associated by residence.
You and Hyspire agree that, except as provided in Section 14.8, if your Country of Residence is the United States, all Disputes will be resolved by final and binding arbitration on an individual basis, unless you opt out under Section 14.3. If your Country of Residence is not the United States, this agreement to arbitrate does not apply to you, and Disputes will be resolved as set out in Section 14.5. Arbitration means that you and Hyspire each waive the right to have Disputes decided by a judge or jury in court, and that Disputes may not proceed as a class, collective, consolidated, or representative action, in each case to the fullest extent permitted by applicable law. Except for challenges to the class action waiver described in Section 14.7, the arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of it is void or voidable.
14.2 Informal Dispute Resolution. We want to address your concerns without a formal proceeding. Before commencing arbitration, the party raising a Dispute must send the other party a written notice describing the Dispute and the relief sought. Notices to Hyspire must be sent to support@hyspire.io and include your name, your mailing address, the email address associated with your Account (if any), the name and contact details of your counsel (if any), a description of the nature and basis of the Dispute, the specific relief sought, and a proposed date and time for a conference under this Section. You agree to cooperate in scheduling a mutually agreeable date and time. The notice must be individualized to a single person. A notice submitted on behalf of multiple persons does not satisfy this Section as to any person. If either party requests a conference, the parties will cooperate in good faith to hold an individualized conference by telephone or videoconference within the sixty (60)-day informal resolution period, which begins on the date the notice is sent. If a requested conference cannot reasonably be completed within that period, the period will be extended only for the time reasonably necessary to complete the conference. A separate conference must be held for each Dispute, and multiple persons raising Disputes may not participate in the same conference unless all parties agree otherwise. If you raised the Dispute, you agree to participate personally in the conference; if you are represented by counsel, your counsel may also participate. Hyspire may participate through counsel or another representative of its choosing. Failure to appear for a scheduled conference without prior notice or extenuating circumstances is a failure to participate in good faith. If the Dispute is not resolved after the sixty (60)-day informal resolution period and any requested conference has been completed, either party may commence arbitration as set out below. Completing this informal process, including any conference requested under this Section, is a condition precedent to commencing arbitration. Applicable limitation periods and filing deadlines are tolled while the informal process is ongoing.
14.3 Opt-Out of Arbitration. You may opt out of the agreement to arbitrate by sending a written opt-out notice to support@hyspire.io, or by mail to the address in Section 16.10, within thirty (30) days after you first accept these Terms (or, if a later version of these Terms materially changes this Section, within thirty (30) days after you accept that version). Your notice must be dated, state your full name, address, and the email address associated with your Account (if any), and clearly state that you do not agree to resolve Disputes with Hyspire through arbitration. If you opt out, Hyspire will also not be bound by the agreement to arbitrate with respect to Disputes with you. Opting out of arbitration does not affect your ability to use the Services, but the class action waiver in Section 14.7 and the other provisions of these Terms continue to apply to you to the fullest extent permitted by applicable law. If you do not opt out within the 30-day period, you will be deemed to have knowingly agreed to arbitrate Disputes as set out in this Section.
14.4 Arbitration Procedure for United States Residents. If your Country of Residence is the United States, this Section is governed by the Federal Arbitration Act, notwithstanding any other choice of law in these Terms. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures in effect when the arbitration is commenced (the “JAMS Rules”), available at www.jamsadr.com, conducted in the English language, before a single arbitrator, who must be a retired judge with experience arbitrating or mediating civil disputes or, if no suitable retired judge is reasonably available, an attorney with at least fifteen (15) years of experience litigating, arbitrating, or mediating civil disputes. If there is a conflict between this Section 14 and the rules of the administrator, this Section 14 controls, except where prohibited by applicable law or unless the parties agree otherwise. The parties will be provided with a list of five candidate arbitrators and will each rank the candidates in order of preference, and JAMS will appoint the candidate with the highest combined ranking. Discovery will be limited to the exchange of documents directly relevant to the Dispute; depositions, interrogatories, and requests for admission will not be permitted, except that the arbitrator may allow a deposition on a showing of good cause, and the arbitrator's determination of any discovery issue is conclusive. The arbitrator may award any remedy on an individual basis that would be available in court and that is not waivable under applicable law, including injunctive relief in favor of the individual party seeking relief. The arbitration will be seated in New York, New York, but all conferences and hearings will be conducted by videoconference, telephone, or other remote means unless the arbitrator determines that a party's right to a fundamentally fair process would be impaired without an in-person hearing, in which case the hearing will be held in the county where you reside or at another location the parties agree on. In the event of an in-person hearing, any party, employee, witness, or representative who resides more than one hundred fifty (150) miles from the hearing location may participate by telephone or videoconference, and their physical presence will not be required. Nothing in this Section requires an oral hearing where the JAMS Rules permit resolution of the Dispute on written submissions. Payment of arbitration fees will be governed by the JAMS Rules and the JAMS Consumer Arbitration Minimum Standards where they apply. If you demonstrate to the arbitrator that the fees you are required to pay are prohibitive as compared to the costs of litigation, Hyspire will pay the portion of those fees the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, and if your Dispute seeks less than $1,000, Hyspire will reimburse your filing fee on your written request with supporting documentation. Each party bears its own attorneys' fees and costs unless applicable law provides otherwise, except that: the arbitrator may award fees and costs against a party if the arbitrator finds that the substance of the Dispute or the relief sought was frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)); and, to the extent permitted by applicable law, the party prevailing in any court action to compel arbitration or concerning satisfaction of a condition precedent to arbitration under this Section may recover its reasonable costs and attorneys' fees incurred in that action. Except as required by law or in connection with proceedings to confirm, vacate, or enforce an award, the arbitration and all related proceedings, communications, and documents will be confidential, and any court filings made in connection with an award will be filed under seal to the maximum extent permitted by law. Either party may appeal an award in accordance with the JAMS Optional Arbitration Appeal Procedure.
14.5 Disputes Involving Residents Outside the United States. If your Country of Residence is not the United States, the agreement to arbitrate does not apply to you, and any Dispute will instead be subject to the exclusive jurisdiction of the courts identified in Section 15, except where the mandatory laws of your Country of Residence require otherwise. Nothing in this Section deprives you of the right to bring qualifying individual claims in the small claims process of the courts of your Country of Residence, or of the protection of mandatory consumer protection laws of your Country of Residence.
14.6 Mass Arbitration for United States Residents. If twenty-five (25) or more arbitration demands of a substantially similar nature are submitted against Hyspire or any Hyspire Party by or with the assistance of the same law firm or organization, or law firms or organizations acting in coordination, the JAMS Mass Arbitration Procedures and Guidelines in effect when the first such demand is submitted (the “JAMS Mass Rules”) will apply to demands administered by JAMS. Demands are of a substantially similar nature if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief. The JAMS Process Administrator will have authority to administer the demands in accordance with the JAMS Mass Rules, including determining which demands are included in the mass arbitration and whether the demands should be batched, consolidated, grouped, or otherwise coordinated for administrative or procedural purposes. Each individual claimant must submit a separate demand for arbitration, and each demand will remain an individual arbitration unless otherwise permitted by the JAMS Mass Rules and this Section. Any applicable limitation period or filing deadline will be tolled for a demand during any period in which that demand is stayed, suspended, or otherwise unable to proceed as a result of the procedures administered under the JAMS Mass Rules. All provisions of this Section 14 that do not conflict with the JAMS Mass Rules or a determination of the JAMS Process Administrator will continue to apply.
14.7 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14.6, YOU AND HYSPIRE EACH AGREE THAT DISPUTES MAY BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING OF ANY KIND, WHETHER IN ARBITRATION OR IN COURT, OR TO SEEK RELIEF ON BEHALF OF ANY OTHER PERSON. NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY SUCH PROCEEDING. NO ADMINISTRATOR OR ARBITRATOR HAS THE POWER OR AUTHORITY TO WAIVE, MODIFY, OR DECLINE TO ENFORCE THIS SECTION 14.7. AN AWARD IN ARBITRATION DETERMINES THE RIGHTS AND OBLIGATIONS OF THE NAMED PARTIES ONLY AND IS NOT BINDING ON, OR PRECEDENT FOR, ANY OTHER CLAIMANT. THIS SECTION DOES NOT PREVENT YOU OR HYSPIRE FROM PARTICIPATING IN A CLASS-WIDE SETTLEMENT OF CLAIMS. NOTHING IN THESE TERMS PREVENTS YOU FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN COURT WHERE THAT RIGHT CANNOT BE WAIVED UNDER APPLICABLE LAW; ANY CLAIM FOR DAMAGES OR OTHER INDIVIDUAL RELIEF MUST PROCEED IN ARBITRATION FIRST, AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF WILL BE STAYED PENDING THE OUTCOME OF THAT ARBITRATION. ANY CHALLENGE TO THE VALIDITY OR ENFORCEABILITY OF THIS WAIVER, WHETHER AS IT APPLIES TO PROCEEDINGS IN COURT OR IN ARBITRATION, SHALL BE DECIDED EXCLUSIVELY BY A COURT AND NOT BY ANY ARBITRATOR OR ADMINISTRATOR, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.
14.8 Exceptions. Notwithstanding the agreement to arbitrate, each party retains the right: to bring a court action to compel arbitration or to enforce, confirm, or vacate an arbitral award; and to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights. In addition, if your Country of Residence is the United States, either party may bring an individual action in a small claims court of competent jurisdiction if the action qualifies for that court and remains only in that court.
14.9 Survival and Severability of This Section. This Section survives the termination of these Terms and of your access to the Services. If any part of this Section is found to be invalid or unenforceable, the remaining parts remain in effect, except that if the prohibition on class, collective, consolidated, mass, representative, or private attorney general proceedings is found to be invalid or unenforceable as to a particular Dispute, then this agreement to arbitrate will not apply to that Dispute, which will instead be resolved by the courts identified in Section 15, and the parties do not agree to any form of class or representative arbitration.
15.1 Except to the extent that the mandatory laws of the country in which you reside provide otherwise, these Terms and any Dispute are governed by the laws of the Republic of Singapore, without regard to its conflict of laws principles.
15.2 If the agreement to arbitrate in Section 14 does not apply to you or to a particular Dispute, then, except where the mandatory laws of your Country of Residence require otherwise: (a) if your Country of Residence is the United States, the Dispute will be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York, and you and Hyspire each consent to the personal jurisdiction of, and venue in, those courts; and (b) if your Country of Residence is outside the United States, the Dispute will be subject to the exclusive jurisdiction of the courts of the Republic of Singapore, and you and Hyspire each consent to the personal jurisdiction of, and venue in, those courts. Nothing in this Section limits any non-waivable right you may have under the mandatory laws applicable to your Country of Residence to bring a claim before another court of competent jurisdiction.
16.1 Entire Agreement. These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Hyspire regarding the Services and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral, regarding the Services. If additional terms apply to a specific game or feature, those additional terms control solely to the extent of any conflict with these Terms.
16.2 Severability. Except as provided in Section 14.9, if any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible consistent with the parties’ original intent, and the remaining provisions will remain in full force and effect.
16.3 Force Majeure. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of power, telecommunications, transportation, or materials.
16.4 Equitable Remedies. Subject to Section 14, nothing in these Terms limits either party’s right to seek injunctive or other equitable relief where available under applicable law, including to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or other rights for which monetary damages would not be an adequate remedy.
16.5 Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempted assignment without consent is void. We may assign or transfer these Terms without restriction, including to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets. Subject to the foregoing, these Terms bind and benefit the parties and their respective successors and permitted assigns.
16.6 No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. A waiver is effective only if it is in writing and signed by a duly authorized representative of Hyspire. The exercise by either party of any remedy under these Terms is without prejudice to its other remedies under these Terms or otherwise.
16.7 Third-Party Beneficiaries. Except as expressly provided in these Terms — including the rights of the Hyspire Parties under Section 13 — these Terms do not confer any rights or remedies on any third party.
16.8 Electronic Communications. When you use the Services or send us emails or other electronic communications, you are communicating with us electronically and you consent to receive communications from us electronically, including by email and by notices posted within the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16.9 Export Controls. The Services may be subject to export control and sanctions laws of the United States, Singapore, and other jurisdictions. You represent that you are not located in a country subject to an applicable embargo, and that you are not listed on any applicable restricted-party or sanctions list.
16.10 Notices. We may give you notices under these Terms by email or by posting within the Services; notices given by email are deemed received on the date of transmission. You may give us notices under these Terms by email to support@hyspire.io or by mail, using a postal or courier service that provides proof of delivery, to: Hyspire Pte. Ltd., 10 Anson Road, #33-03 International Plaza, Singapore 079903.
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