pixel

Terms of Service

Last modified March 25, 2024
1. BINDING CONTRACTUAL TERMS

By using the hyperboothai.art website (the “Website”), including all Content (as defined below) available through the Website, the HyperBooth mobile applications provided through Apple‘s App Store or the Google Play Marketplace (the “App(s)”), or by accessing any associated content such as email feeds, feeds through apps or other related services (the Website, Apps, and associated content collectively the “Service”), the person or entity downloading or using the Service (“You”) signify (a) that You have read and understood these Terms of Service (“TOS”); (b) that you consent to the Privacy Policy; and (c) that these TOS have the same force and effect as a signed agreement. The Service is provided by HyperGAI Pte. Ltd. a company registered in Singapore (“HyperGAI” or “We”). HyperGAI has a principal place of business at 10 Anson Road, #11-07 International Plaza, Singapore 079903.

The Service allows users to upload photos which will be used by the Service to create AI photos showing their faces. The basic Service is free to use for customers and credits can be purchased for full use as described on our website and mobile apps. HyperGAI offers in-app purchases through its mobile applications to enhance your experience using the Service.

You affirm that You are more than 18 years of age, or possess legal parental or guardian consent, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOS, and to abide by and comply with these TOS. In addition, You affirm that You have not been previously suspended or removed from the Service.

ATTENTION: PLEASE READ THESE TOS AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR ACCESSING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TOS AND CONSENT TO THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TOS AND PRIVACY POLICY, DO NOT USE THE WEBSITE, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE SERVICE, AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarilyor permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT HYPERGAI WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTIONOF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these TOS.

We may change these TOS at any time. Please review the TOS each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOS. If we materially change these TOS, we will let You know by showing them to You again when You access the Service and sending an email notifying You of the changes to the email address We have on file for You. If we do not have Your email address, We will update this page to reflect any changes to the TOS.

These TOS include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action waiver in Sections 1, 3, 8, 11, 12, 14-17, and 20, and in the Apple and Google required terms at the end. Please review those sections (and all of the other terms) carefully.

2. PRIVACY POLICY

Our Privacy Policy describes the information HyperGAI collects when You and others use the Service.It also describes how HyperGAI uses and shares any personal information You share with it. By agreeing to these TOS, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

3. USER SUBMISSIONS

You and other users may submit feedback, notes, text, graphics, photos, videos, material, information, comments, messages, ideas, concepts, know-how, techniques, or other communications You transmit, upload, or post to the Service (“User Submissions”) and the Service may permit the hosting, sharing, and/or publishing of such User Submissions. For instance, users cansubmit photos and images or provide text when they contact Us. HyperGAI welcomes Your comments and suggestions. However, except for any personal information We may collect from You pursuant to Our Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. You understand that whether or not such User Submissions are published or posted, HyperGAI (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

You shall be solely responsible for Your own User Submissions and the consequences of posting, submitting, or publishing them. HyperGAI does not claim ownership of any of Your User Submissions.However, by submitting the User Submissions to HyperGAI, You hereby grant HyperGAI and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offerto sell, sell, code, watermark, train our models, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and HyperGAI‘s (and its successors‘, assigns‘, and affiliates‘) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions throughthe Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform suchUser Submissions as permitted through the functionality of the Service and under these TOS. You also agree that immediately upon the creation of outputs through the Service and/or the creation byor on behalf of HyperGAI, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content“), the Modified Content will become the sole and exclusive property of HyperGAI, and that We will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by HyperGAI in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest You have or may be deemed to have in and to the Modified Content to HyperGAI.

In connection with User Submissions, You represent and warrant that You will not: (1) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant HyperGAI all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage HyperGAI or any third party; (3) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize,or (4) transmit, submit, or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, posting or submitting User Submissions. HYPERGAI DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND THE HYPERGAI PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. HyperGAI does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and HyperGAI will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another‘s rights (see Section 9 below). HyperGAI will not necessarily monitorUser Submissions. However, HyperGAI reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. HyperGAI also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these TOS.

You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that HyperGAI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE HYPERGAI PARTIES, APPLE, AND GOOGLE WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE HYPERGAI PARTIES, APPLE, AND GOOGLE, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.

4. TRANSACTIONS

Before You join the Service, carefully review the Service pricing terms and other policies and documents. If you wish to purchase services made available by or through the Service (each such activity, a (“Transaction”), you may be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. Any information that you provide to HyperGAI will be handled in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your Transaction will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card at the price(s) set forth on the Service at the time of your Transaction, however, such prices do not include and you must pay any excise, sales, use, or like taxes associated with the Transaction. Prices advertised on the Service are subject to increase in the amount of any such tax that HyperGAI may be required to collect or pay in connection with the Transaction. You are responsible for (and will indemnify the HyperGAI Parties against) all taxes associated with Transactions entered into by you or users of your account through the Service (excepting taxes based on HyperGAI’s income).

You agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to use or to enter Transactions on the Service. You grant HyperGAI the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

  1. No Offers. Statements made on the Service concerning Our products or services do not constitute an offer, but are merely solicitations of an offer, where appropriate. References to and information concerning products and services on the Service are not complete and must be read in conjunction with the specific information accompanying such products or services, as the same may change from time to time.
  2. Other Agreements/Terms of Sale. All products and services sold by us via the Service are sold in accordance with any terms of sale separately provided related to such sales. You may, from time to time, enter into additional written agreements with HyperGAI in connection with other products, services, or events made available by or through HyperGAI. In the event that any terms or provisions of such a written agreement or terms of sale conflict with the provisions of these TOS, the terms and provisions of the written agreement or terms of sale shall prevail.
  3. Pricing. Pricing for Transactions shall be as set forth on the Service, which pricing may be changed by HyperGAI from time to time. HyperGAI may choose to temporarily change pricing for promotional events or new products or services, and such changes shall be immediately effective when HyperGAI posts the temporary pricing change to the Service.
  4. Payment Processing. When you conduct a Transaction, processing of the Transaction and collection of payments may be handled by our payment processor. Transactions will be processed only after a billing address, and other billing information, has been verified. If We receive incorrect billing or credit card account information, the processing of your Transaction will be cancelled without further notice.
  5. Transaction Confirmation. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with HyperGAI whether or not your Transaction has been completed.
  6. Refunds. Before entering a Transaction on the Service, carefully review the Service and all policies and terms. Unless otherwise agreed to in writing by HyperGAI, We will not issue refunds. In the event that the provisions of this Section conflict with any mandatory refund policies imposed by our payment processor, as may be applicable to a particular Transaction,the terms of such mandatory refund policy shall prevail. Additionally, certain legislation and consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to your Transaction that cannot be excluded, restricted, ormodified.
  7. Chargebacks. You agree that you will not attempt to circumvent any refund prohibitions with regard to Transactions on the Service. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used on the Service. Should you do so, your access may be cancelled, and HyperGAI may, in its sole discretion, refuse to honor pending and future Transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Service.
5. USERS WHO VIOLATE TERMS OF SERVICE OR COMMUNITY GUIDELINES

HyperGAI may, at its sole discretion, disable, partially disable, or terminate the access or accounts of any users who violate these TOS, including, but not limited to, the access or accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property, privacy, or legal rights, especially if they do so repeatedly, (2) users who fail to pay applicable fees for use of the Service, (3) users who provide false or inaccurate information; (4) users who breach these TOS including any warranties; and (5) users who misuse or challenge HyperGAI’s rights in the Content. HyperGAI may cancel Your account, terminate Your access to the Service, delete all of Your information and User Submissions at any time, without notice, for any reason or no reason including, without limitation, Your violation of these TOS.

6. RESTRICTIONS ON USE OF THE SERVICE

In Your use of the Service, You will not:

  1. Violate these TOS;
  2. Use the Service for any purpose other than for using the features We intentionally make available to You;
  3. Copy, modify, download, or distribute any part of the Service or any Content (exceptfor the AI images created by the Service based on Your image upload) in any form or medium without the prior written authorization of HyperGAI;
  4. Alter, modify or make derivative works from any part of the Service without the prior written authorization of HyperGAI;
  5. Scrape any part of the Service or use an artificial intelligence system or other software to analyze or process materials or data from the Service;
  6. Resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these TOS, the Service or any Content, in whole orin part;
  7. Provide false personal information or create an account for anyone other than Yourself without permission;
  8. Upload an image of another person without their permission
  9. Use any image created in advertisements or communications of a political nature
  10. Create another account without our permission, if we have disabled Your account
  11. Share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account
  12. Assign or transfer Your account or login information to anyone
  13. Use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  14. Post, transmit or submit any confidential or sensitive (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, offensive, or pornographic material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
  15. Upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
  16. Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
  17. Use the Service for purposes of deceiving or defrauding any person;
  18. Use the Service to intentionally mislead people about the nature or source of outputfrom the Service;
  19. Represent that the output of the Service was human-generated when it was not;
  20. Access all or any part of the Service to build a product or service which competes with the Service;
  21. Use the Service to develop models that compete with Us;
  22. Obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
  23. Facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
  24. Use the Service for purposes of any political campaigns, or to attempt to influence the outcome of any election;
  25. Impersonate or misrepresent any person or entity or Your affiliation with someone else;
  26. Collect personal information of other users;
  27. Harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
  28. Remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
  29. Solicit other users to join, become members of, or contribute money to any online service or organization other than HyperGAI;
  30. Post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
  31. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  32. Stalk, bully, or otherwise harass any person or entity; or
  33. Harm minors in any way

HyperGAI will fully cooperate with any law enforcement authorities or court order requesting or directing HyperGAI to disclose the identity of anyone violating these TOS.

HyperGAI believes in children’s online safety and does not wish to receive information regarding children under 18 years old without their parent or legal guardian’s consent. Therefore, You may notpost or submit any personal information of a child under 18 years old or information sufficient to locate such a child on or through the Service, without the child’s parent/guardian consent. If You are under 18 years of age, then please do not attempt to submit any information to or use the Service.

7. INTELLECTUAL PROPERTY

Other than images you upload, everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, audio recordings, text, software, photographs, images, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, andother data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to HyperGAI, subject to copyright and other intellectual property rights under United States and international laws and conventions. HyperGAI owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws. HYPERBOOTH, hyperboothai.art, and the HYPERBOOTH logo are trademarks of HyperGAI.

For Your personal use, You may view, copy, share, and print the AI images you generate using the Service. Otherwise, the Service may not be copied, downloaded, shared, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HyperGAI reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by HyperGAI in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by HyperGAI. You may not build a business using the Content, whether or not for profit. If You copy, screenshot, share, or print the AI images you generate for personal use, You must retain all copyrightnotices, other proprietary notices, and watermarks contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or images or enforce limitations on use of the Service or theContent therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service, or use the Service or any Content to train artificial intelligence systems.

8. ADVERTISEMENT/SPONSOR RELEASE

HyperGAI takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by advertisers or other Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that HyperGAI is not liable for any loss or claim that You may have against an Advertiser.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE HYPERGAI PARTIES, APPLE, AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS ANDBENEFITS.

9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If You are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which HyperGAI has referred or linked users, infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
  3. identification of the material that is claimed to be infringing or to be the subject of infringingactivity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
  4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
  5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA or copyright laws of other countries should be submitted to:

Legal Department
HYPERGAI PTE. LTD.
10 ANSON ROAD
#11-07 INTERNATIONAL PLAZA
Singapore, 079906
Singapore
Email: takedown@hypergai.com

You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to HyperGAI without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or answered.

10. TRADEMARKS AND CELEBRITY MATERIAL
  1. HyperGAI responds to complaints that Content or User Submissions infringe trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
  2. Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Service and You do not have the celebrity‘s permission.
  3. If You are a trademark owner or a celebrity and You believe Your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 9 above.
  4. To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
  5. When submitting a notification of trademark or trade dress infringement, provide a copyof the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where You believe the infringement is occurring.
11. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your registration).

WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12. EFFECT OF TERMINATION, CANCELLATION OR EXPIRATION

Upon termination or cancellation of the TOS or the Service, You shall immediately discontinue all access to and use of the Service. THE HYPERGAI PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, OR LOSS OF DATA, AS A RESULT OF THE TERMINATION OR CANCELLATION OF THESE TOS OR THE SERVICE.

13. WARRANTIES

You warrant and represent to HyperGAI as set out below:

  1. The information You provide to HyperGAI in any registration or application screen, profile, email, postings, submissions, telephone call, or through other means including all personal details, contact details, and all other data provided to HyperGAI is true in all respects, up-to-date, and not misleading.
  2. You will keep the information referred to in paragraph (a) up to date.
  3. You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person‘s identity.
  4. You have the permission of any individuals depicted in photographs, images, videos, or recordings that You submit to the Service to use their likeness and/or voice, as well as all other legal rights necessary to grant the license above to HyperGAI.
  5. You will use the Service lawfully and in good faith.
  6. You will comply with all laws in connection with your use of any images or other content generated through the Service, including labeling requirements.
  7. You will keep Your log-in details and password secure and will not share such information with third parties.
14. DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE HYPERGAI PARTIES, APPLE, AND GOOGLE GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE, THE CONTENT, AND ANY SERVICE, EVENT, OR AGREEMENT WITH AN ADVERTISER OR THIRD PARTY. THE HYPERGAI PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE HYPERGAI PARTIES, APPLE, AND GOOGLE RELATING TO THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE HYPERGAI PARTIES, APPLE, AND GOOGLE AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TOS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, SUITABILITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, THE HYPERGAI PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY, ACCURACY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THROUGH AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, MOBILE DEVICES, SYSTEMS OR DATA NOT PROVIDED BY HYPERGAI; THAT SERVICE ERRORS WILL BE CORRECTED; THAT THE SERVICE IS PCI COMPLIANT; OR THAT YOUR USE OF THE SERVICE FOR SMS MESSAGING, EMAIL, OR OTHER NOTIFICATIONS DOES NOT VIOLATE LOCAL, STATE OR NATIONAL LAWS. THE HYPERGAI PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

15. INDEMNITY

YOU ACKNOWLEDGE THAT THE HYPERGAI PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTIES‘ OR ADVERTISERS‘ CONTENT OR LISTINGS, OR THE ABILITY OF A THIRD PARTY OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE HYPERGAI PARTIES, APPLE, AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY‘S FEES ARISING TO ANY OF THE HYPERGAI PARTIES, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE HYPERGAI PARTIES, APPLE, AND GOOGLE IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TOS; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PUBLICITY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT, LOGIN INFORMATION, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS AND/OR PASSWORD.

IF THE HYPERGAI PARTIES, APPLE, OR GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TOS, THE HYPERGAI PARTIES, APPLE, AND GOOGLE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS‘ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE HYPERGAI PARTIES, APPLE, OR GOOGLE.

YOU AGREE AND CONSENT TO RECEIVE TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE. TO THE EXTENT YOU SEND A MESSAGE GOVERNED BY THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, WIRETAPPING LAWS, COMMON LAW PRIVACY RIGHTS, CONSTITUTIONS, THE VIDEO PRIVACY PROTECTION ACT, OR SIMILAR LAWS THROUGH THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HYPERGAI PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY‘S FEES ARISING AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE HYPERGAI PARTIES IN CONNECTION WITH YOUR FAILURE TO OBTAIN PROPER CUSTOMER OR POTENTIAL CUSTOMER CONSENT TO INPUTTING PERSONAL INFORMATION INTO THE SERVICE OR SENDING TEXT MESSAGE NOTIFICATIONS, EMAILS, OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE, CALLS, CHATS, OR OTHER COMMUNICATIONS INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, WIRETAPPING LAWS, COMMON LAW PRIVACY RIGHTS, CONSTITUTIONS, THE VIDEO PRIVACY PROTECTION ACT, OR SIMILAR LAWS.

16. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL THE HYPERGAI PARTIES, APPLE, OR GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TOS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE HYPERGAI PARTIES, APPLE, OR GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE HYPERGAI PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE HYPERGAI PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF HYPERGAI’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (8) USER SUBMISSIONS, CONTENT, OR THIRD PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT, (10) STATEMENTS OR CONDUCT OF ANY USERS, ADVERTISERS OR OTHER THIRD PARTIES THROUGH THE SERVICE; AND 11) ERRORS OR OMISSIONS IN ANY CONTENT. ANY BREACH OF THESE TOS BY HYPERGAI OR THE FAILURE OF HYPERGAI TO PROVIDE ANY SERVICE UNDER THESE TOS, (12) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYPERGAI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE HYPERGAI PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TOS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL OR LOG-IN DETAILS WITH ANY OTHER PERSON.

THE HYPERGAI PARTIES‘ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOS OR IN RELATION TO THE SERVICE WILL BE LIMITED TO THE TOTAL SUM PAID BY YOU TO HYPERGAI IN THE IMMEDIATELY PRECEEDING SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO A CLAIM.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by HyperGAI from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

A party will not be in breach of these TOS, nor liable for any failure or delay in performance of any of its obligations under these TOS where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by HyperGAI, HyperGAI will use reasonable efforts to notify users through the Service or through its website or by email communication.

17. Basis of the Bargain
  1. YOU ACKNOWLEDGE AND AGREE THAT HyperGAI HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TOS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE HyperGAI PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HyperGAI. HHyperGAI WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
18. Equitable Relief

If You violate these TOS, We may seek injunctive relief or other equitable relief.

19. ASSIGNMENT

The TOS, and any rights and licenses granted hereunder, may be transferred or assigned by You only with HyperGAI‘s prior written consent but may be assigned by HyperGAI without restriction and without notice to You.

20. CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

21. SUBPOENA FEES

If HyperGAI has to provide information in response to a subpoena related to Your account, then we may charge You for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.

22. EXPORT CONTROLS

Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside.

23. GENERAL

These TOS constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these TOS is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TOS, so that these TOS shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these TOS by a representation other than those expressly set out in these TOS.

Except as to Apple and Google as described in the Apple and Google required terms below, HyperGAI and You do not intend to confer, and these TOS will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than HyperGAI, You, and each party‘s successors and assigns. No modification, alteration or waiver of any of the provisions of these TOS will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these TOS shall be deemed a further or continuing waiver of such term or any other term, and HyperGAI‘s failure to assert any right or provision under these TOS shall not constitute a waiver of such right or provision. You agree that the Service shall be deemed solely based in Delaware, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over the HyperGAI Parties in jurisdictions other than Delaware. These TOS are governed by United States and Delaware law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the state and federal courts of New Castle County, Delaware, in relation to any dispute between them arising out of the subject matter of these TOS.

24. APPLE REQUIRED TERMS

1. Acknowledgement: HyperGAI and You acknowledge that the TOS are concluded between HyperGAI and You only, and not with Apple, and HyperGAI, not Apple, is solely responsible for the Service and the content thereof.

2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the App Media Services Terms and Conditions, except that the Service may be accessed, acquired, and used by other accounts associated with You via Family Sharing, volume purchasing, or Legacy Contacts. Solely in connection with certain Apple licensed software, a Custom App Distribution Customer may distribute a single license of Our free Custom Applications, if any, to multiple users.

3. Maintenance and Support: As between Apple and HyperGAI, HyperGAI is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Service, or as required under applicable law. HyperGAI and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

4. Warranty: As between Apple and HyperGAI, HyperGAI is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HyperGAI‘s sole responsibility.

5. Product Claims: HyperGAI and You acknowledge that HyperGAI, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service‘s use of the HealthKit and HomeKit frameworks, if any.

6. Intellectual Property Rights: HyperGAI and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party‘s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, HyperGAI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: You represent and warrant that (i) You are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: HyperGAI may be contacted at takedown@hypergai.com in connection with any questions, complaints or claims with respect to the Service.

9. Third Party Terms of Agreement: You must comply with third party terms of agreement when using the Service.

10. Third Party Beneficiary: HyperGAI and You acknowledge and agree that Apple, and Apple‘s subsidiaries, are third party beneficiaries of the Terms of Service, and that, upon Your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against You as a third party beneficiary thereof.

25. Additional Terms Relevant to Google Inc.

(A) THESE TERMS OF SERVICE constitute a license agreement in lieu of any license grant provided by Google to use the AppS on a Supported Device. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY THE HYPERBOOTH MOBILE APPLICATION(S). THESE TERMS OF SERVICE are made BETWEEN you and HYPERGAI only, and not with Google. HYPERGAI is solely responsible for THE HYPERBOOTH Mobile APPLICATION(s).

(B) THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT http://www.google.com/accounts/TOS) AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT https://play.google.com/intl/en-US_us/about/play-terms.html AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.

(C) HYPERGAI IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR HYPERBOOTH MOBILE APPLICATION(S). SUPPORT REQUESTS, AS WELL AS QUESTIONS, COMPLAINTS OR CLAIMS REGARDING HYPERBOOTH MOBILE APPLICATION(S), MAY BE DIRECTED TO HYPERGAI SUPPORT, 10 ANSON ROAD, #11-07 INTERNATIONAL PLAZA, SINGAPORE 079903. USERS MAY ALSO CONTACT US BY EMAIL AT takedown@hypergai.com.

(D) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO HYPERBOOTH MOBILE APPLICATION(S), AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

(E) GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO HYPERBOOTH MOBILE APPLICATION(S) OR YOUR POSSESSION AND/OR USE OF HYPERBOOTH MOBILE APPLICATION(S), INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT HYPERBOOTH MOBILE APPLICATION(S) FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

(F) GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT HYPERBOOTH MOBILE APPLICATION(S)OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY‘S INTELLECTUAL PROPERTY RIGHTS.

(G) YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

(H) FOR THE IMPROVEMENT OF GOOGLE PLAY, GOOGLE MAY COLLECT CERTAIN USAGE STATISTICS FROM GOOGLE PLAY AND YOUR SUPPORTED DEVICE, INCLUDING BUT NOT LIMITED TO, INFORMATION ON HOW GOOGLE PLAY AND YOUR SUPPORTED DEVICE ARE BEING USED. THE DATA COLLECTED IS EXAMINED IN THE AGGREGATE TO IMPROVE GOOGLE PLAY FOR USERS AND DEVELOPERS AND IS MAINTAINED IN ACCORDANCE WITH GOOGLE‘S PRIVACY POLICY. WE CAN NEITHER CONTROL NOR ARE RESPONSIBLE FOR THE PRIVACY PRACTICES OF GOOGLE. TO ENSURE THE IMPROVEMENT OF HYPERBOOTH MOBILE APPLICATION(S), LIMITED AGGREGATE DATA MAY BE AVAILABLE FROM GOOGLE TO HYPERGAI UPON HYPERGAI‘S WRITTEN REQUEST.

(I) REMOVAL OF HYPERBOOTH MOBILE APPLICATION(S). HYPERGAI OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF HYPERBOOTH MOBILE APPLICATION(S), OR DELETE HYPERBOOTH MOBILE APPLICATION(S) FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM HYPERGAI OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).