Terms of Use

 

Welcome to Hype Burst, the no-code fitness app builder. Hype Burst offers an online service where you can create, manage and edit a custom mobile fitness app with no code skill required (Service). The dashboard is accessible on any device using a web browser. Your custom app will be made available to download from any iOS or Android mobile phone as an application on the Apple App Store or Google Play Store (App Store). 

 

Our Terms of Use Agreement can be found below. Please read this Agreement carefully before accessing or using our services. 

 

Introduction

These Terms and Conditions (the “Terms” or “Agreement”) are a legal agreement between you (“Licensee”, “User” or “You” and its derivatives) and Hype Burst, a trading name of Mastered Fit ltd. (“Hype Burst” or “we” and its derivatives). Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms” or “Agreement”. These Terms govern your use of Hype Burst’s website at https://www.hype-burst.com, (the “Site”), your access to and use of our application building and management platform (the “Platform”) and the mobile fitness app we create for you (the “App”). Except where specifically noted below, all references to the Platform include the Site and App as well. Hype Burst’s Privacy Policy is incorporated by reference into these Terms and details how we collect, use, and protect information about individuals.

 

By accessing or using the Platform, you represent and warrant that you have the legal right to do so and have the power to enter into a binding contract with us – either for yourself or on behalf of the entity on whose behalf you are using the Platform.

 

By accessing or using the Service, you agree that you have read, understood, and agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, you must not access or use any of our services. We may change these Terms on occasion, and your continued use of the Service means you accept the revised Terms. You may access the most recent Terms at any time by visiting https://www.hype-burst.com/terms.

 

These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through or in conjunction with the Platform, such as App Stores, payment processors and video applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through, or in conjunction with the Platform.

 

You may contact us using the contact form on https://www.hype-burst.com/contact with any questions you have about these Terms, the Platform, or our other services. 

Licence

Licence. Subject to these Terms, Hype Burst grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the functionality of the Platform to customise and manage websites, apps and all other Internet-based services (collectively, a “Hype Burst App”) that may be made available to members of the general public (each such individual accessing a Hype Burst App, an “End User”). The license granted in this Section includes the right to use any changes to the Platform made available to all Hype Burst clients at no additional cost (each, an “Update”) when each Update is made available. Updates are applied automatically to the Platform. Hype Burst does not support software versions other than the current active version.

 

Restrictions. Except as explicitly permitted in these Terms, you may not, directly or indirectly:
 

  • copy, modify, duplicate or create derivative works of the Platform; 

  • decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law);

  • access all or any part of the Platform in order to build a product or service which competes with the Services; or 

  • rent, lease, share, distribute, licence, sell or otherwise commercially exploit the Services or any part of the Platform to any third party, including on a service bureau or similar basis; 

  • remove, alter or deface proprietary notices or marks in the Platform or Documentation;

  • disclose the results of testing or benchmarking of the Platform; 

  • circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, 

  • interfere with the Platform’s operation; 

  • use the Platform to violate the law or the rights of any third party; or

  • attempt to do any of the foregoing. Hype Burst may take any actions it deems reasonable, including denying access to Users, suspending a Hype Burst App, or terminating your Subscription (as defined in Section XYZ for any breach of this Section ABC).

 

Additional Features. An “Add-On” is an optional Platform feature or Additional Service available for an additional fee. Add-Ons are not required for the proper functioning of the Platform, may be subject to additional terms, and may be added to an existing Subscription to the Platform or charged independently of the Subscription. Add-Ons may include integrations to Third Party Services. Where Add-Ons have additional terms, you must accept such additional terms prior to accessing the Add-On.

Use Of The Platform

Account. To access the Platform’s app creation and management tools you must have an active Hype Burst account (an “Account”). Every individual with such access is a “Direct User” and unless stated otherwise, reference to “you” in this Agreement refers to Direct Users (as opposed to End Users, who are App users - collectively referred to as “Users”). 

To create an Account you must have an active subscription (Subscription) to a Hype Burst plan (Plan). When you subscribe to a Plan, you must provide information for us to contact you and process payments through our third party payment processor. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform. We will create Your Account based upon the personal information You provide to us. You may not have more than one active Account. Please note that we may terminate or suspend Your Account, at any time and without prior notice to You if: 

  • we reasonably believe that You are using Your Account in breach of the Agreement; 

  • we reasonably believe that a third party is using Your Account without Your consent, or

  • we reasonably deem it necessary to terminate or suspend Your Account for security or maintenance purposes.

 

Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Platform, including but not limited to, a device that is capable of operating a modern internet browser. To access the App as a Direct User or End User, you are required to use a mobile device with access to the App Store. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Platform. 

 

Security. Each User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must immediately inform Hype Burst of any suspected unauthorised use of the Platform. Hype Burst cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorised use of such credentials. 


Acceptable Use. All Users (Direct Users and End Users) must comply with the following rules regarding acceptable use of the Platform.

You may not:

  • access, tamper with, or use non-public areas of the Platform, Hype Burst’s computer systems, or the technical delivery systems of Hype Burst’s providers;

  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;

  • access or search the Platform by any means other than Hype Burst’s publicly supported interfaces (for example, “scraping”);

  • attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or

  • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Platform.
     

You may not utilise the Platform to carry out, promote or support:

  • any unlawful or fraudulent activities;

  • the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

  • activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;

  • the publishing or posting of other people’s private or personal information without their express authorisation and permission;

  • the sending of unsolicited communications, promotions advertisements, or spam;

  • the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or device; or

  • the promotion or advertisement of products or services other than your own without appropriate authorisation.
     

User Content Standards Within the Platform. You may not post any User Content on the Platform that:

  • violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;

  • is deceptive, fraudulent, illegal, obscene, pornographic, defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;

  • contains any personal information of non-consenting individuals;

  • contains any sensitive personal information, such as financial information, payment card numbers, social security numbers without Hype Burst’s prior written consent granted as part of a Customer Agreement;

  • contains viruses, bots, worms, or similar harmful materials; or

  • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
     

Violations. In addition to any other remedies that may be available to us, Hype Burst reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your Account or your access to the Service or Platform, upon notice and without liability for Hype Burst should you fail to abide by the rules in this Section, or if, in Hype Burst’s sole discretion, such action is necessary to prevent disruption of the Platform for other users. 

 

Third-Party Materials. As a part of the Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for Hype Burst to monitor such materials and that you access these materials at your own risk.


 

 

Subscription and Plans

Subscription. To access the Platform you must have an active subscription to a plan (“Plan” or “Subscription”). Plan features, comparisons and pricing are available at https://www.hype-burst.com/pricing. Subscription fees for Plans (“Subscription Fees”) are due in advance for each billing period, with the initial payment due when you select a Plan to create your Account (the “Subscription Start Date”). All Subscription Fees and other payments or credits related to your Account (including Add-ons) will be made in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide a valid payment method (“Payment Provider”) and personal information in order to purchase a Plan. 

You will promptly update your Account if there is any change to your payment information. Your Payment Provider agreement, and not these Terms, governs your use of the designated credit card or online transaction account. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us (and process all payments due to You) without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on the Site or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change. You can access information relating to your Subscription at any time by visiting https://hype-burst.chargebeeportal.com/ (“Billing Dashboard”).

 

Automatic Renewal. Subscriptions will automatically renew at the rates then in effect until cancelled. By subscribing, you authorise us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due or we may terminate your Plan.

 

Free Trial. We may offer a free trial period with Subscriptions during which You may use the Service, apart from publishing a Hype Burst App to the App Stores, for the time period specified in the promotional offer (“Trial Period”). Free trial subscriptions may not be combined with any other offer and are only available to customers who do not currently have an Account at the time of registration, unless otherwise stated in the promotion details. You can unsubscribe at any point during the Trial Period by visiting the Billing Dashboard. If you cancel your Subscription during the Free Trial, Hype Burst may delete any of Your Content within a commercially reasonable time after the expiration of the applicable Trial Period. 

 

Cancellation, Upgrade, Downgrade. You may cancel, upgrade or downgrade a Plan at any time by going to the Billing Dashboard or by contacting us via email at support@hype-burst.com. Cancelled Accounts will have access to the Platform until the end of the subscription period in which the Plan was cancelled. Upgrades and downgrades will take effect on the subscription renewal date.

 

Refunds. Hype Burst has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Hype Burst, in each case in Hype Burst's sole discretion.

 

Chargebacks. Hype Burst has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be pursued by any means available to Hype Burst, including legal action, until payment is made in full. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

 

Taxes. All fees payable in respect of the Services are exclusive of all taxes, levies, or duties (“Sales Tax”) imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties if you have not remitted the applicable sales tax to Hype Burst. You will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Hype Burst for any liability or expense we may incur in connection with such Sales Taxes.

 

Payment Services. We use Stripe for payment services (e.g. card acceptance, merchant settlement, and related services). By paying for a Subscription or Add On, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy/ and authorise us and Stripe to share any information and payment instructions you provide with your Payment Provider and any other Third Party Service provider(s) solely required to complete your transactions.

 

Payment Processing

In-App Subscriptions. End Users are able to subscribe to a membership for your App (App Membership) on a Monthly or Yearly basis by subscribing to an in-app subscription within the app (“In-App Subscription”). App Membership prices must be set on the Platform. In-App Subscriptions are handled by Third Party providers (i.e. iTunes and Google Play) depending on the End Users device; and are subject to the App Stores Terms. All queries relating to in-app proceeds should be raised with the relevant App Store directly and Hype Burst has no control over Third Party terms. 

 

Web Subscriptions. Subject to your Plan, you may be able to accept App Membership subscriptions through a custom branded website (“Web Subscriptions”). We use Stripe for payment services (e.g. card acceptance, merchant settlement, and related services). By accepting Web Subscriptions, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy/ and authorise us and Stripe to share any information and payment instructions required to complete your transactions. 

 

Payment Processing Fees. The applicable payment processing fees are set out in the App Store terms for In-App Purchases and Stripe’s terms for Web Subscriptions. 

 

End User Payment Terms. It is your sole responsibility to create the terms and conditions and remit any applicable taxes associated with the sale and supply of your products and services to End Users through the Platform. Hype Burst provides you with the ability to notify such terms and conditions to End Users prior to transactions but does not accept any responsibility or provide any warranty, representation, condition or guarantee as to the accuracy or legality of such terms and conditions. 

You shall indemnify, defend and hold harmless Hype Burst on demand (with no duty to mitigate loss) from and against any and all liabilities, claims, demands, damages, losses or expenses (including legal and other professional adviser’s fees and disbursements), interest and penalties incurred by you howsoever arising from your contract with End Users (or potential customers).

 

Ownership

 

Platform. Aside from the limited license granted to you, Hype Burst retains all right, title and interest in and to the Platform, Documentation, and all Updates (including but not limited to, any apps on Apple App Store, computer code, themes, objects, users, usernames, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, chat transcripts, user profile information, recordings of users using a Hype Burst app, and Hype Burst software clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or the Services.

 

Usage Information. Hype Burst owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about Hype Burst Apps. Usage Information does not include any personally identifiable information or End User Information, but may include aggregated information derived from Direct User Content. Usage Information is used to contribute to analytical models used by Hype Burst, to monitor and improve the Platform, and to perform Hype Burst’s obligations under this Agreement. All data processed, controlled or stored by Hype Burst is done so in accordance with any applicable data legislation (“Applicable Data Protection Legislation”). 

 

Trademarks and Intellectual Property. Hype Burst owns all Intellectual Property Rights in the Services and Platform. Except as expressly stated herein, this Agreement does not grant You any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services. 

You and Hype Burst each retain all rights, title and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant Hype Burst a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform, for our marketing purposes and as otherwise required to fulfill its obligations hereunder. You may not use Hype Burst Marks for any purposes, including in a way that suggests you are endorsed by or associated with Hype Burst in anything other than a customer relationship, or in connection with the marketing of, your Hype Burst app or other services related to Hype Burst without prior permission from Hype Burst. 

 

Your Content. Hype Burst does not claim ownership of any content you upload to the Platform (“Your Content”). However, when you post or publish Your Content on or in the Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You shall indemnify, defend and hold harmless Hype Burst on demand (with no duty to mitigate loss) from and against any and all liabilities relating to Your Content. 

 

Your Data. Hype Burst does not claim ownership of any data inputted by You, by Hype Burst on your behalf, or End-Users (“Your Data”), for the purpose of using the Service by You or End-User’s and stored by Hype Burst. You shall comply with all Applicable Data Protection Legislation in collection and use of Your Data and shall ensure that you are entitled to transfer the relevant personal data to Hype Burst so that we may lawfully use, process and transfer the personal data in accordance with this Agreement. Each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of Your Data or its accidental loss, destruction or damage and You shall indemnify, defend and hold harmless Hype Burst on demand (with no duty to mitigate loss) from and against any and all liabilities relating to Your Data. 

 

License to Your Content and Data. You grant Hype Burst a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content and Data (in whole or in part) for the purposes of operating and providing the Platform to You and to End Users.

 

Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Platform.

 

Your Account and Developed Apps. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account or any Hype Burst App, and you further acknowledge and agree that, except with respect to Your Content, all rights in and to your Account and Hype Burst Apps are and shall forever be owned by and inure to the benefit of Hype Burst.

 

Feedback. Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant Hype Burst a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.

 

Hype Burst Obligations

 

Availability. Hype Burst will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.

 

Security. Hype Burst will employ industry-standard technical, logical, and physical security measures and practices for the Platform to preserve the security and integrity of, and prevent unauthorized access to, the Platform, Content and Data.

 

Support. Hype Burst will provide all Updates to the Platform and any Add-Ons applicable to your Account as and when they become available. Online support documents are available at all times at HYPE BURST SUPPORT DOCS. In addition, Direct Users with paid Subscriptions have access to email support at support@hype-burst.com. Before emailing support, we strongly recommend you check the various help and support pages at HYPE BURST SUPPORT DOCS, as many questions received by our support team are addressed there. Support staff respond to all emails during normal business hours (Weekdays from 9AM-6PM GMT). Support requests from End Users is Your direct responsibility and Hype Burst are not obliged to handle End User support queries under any circumstances unless your Plan or Add On specifically states otherwise. HYPE BURST SUPPORT DOCS offers various help and support pages to assist you with handling common End User support issues. 

 

Third Parties

Third-Party Websites, Hype Burst Applications & Ads. Hype Burst may provide access to and/or contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Hype Burst Applications”) and advertisements for third parties ( “Third-Party Ads”) collectively (“Third-Party Services”). When you click on a link to or otherwise access a Third-Party Services, we will not warn you that you have left Hype Burst and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Hype Burst. Hype Burst is not responsible for any Third-Party Services. Hype Burst provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or their products or services. You use all links in Third-Party Services at your own risk. When you leave our Platform, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

App Stores. You acknowledge and agree that the availability of the Hype Burst Application, the Services, and any Apps, is dependent on the third party from whom you received the Hype Burst App or App license, e.g, the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms are between you and Hype Burst and not with the App Store. Hype Burst, not the App Store, is solely responsible for the Hype Burst Platform, including the Hype Burst App, the content thereof, maintenance, support services, warranty, and addressing any claims relating to it. In order to use the Hype Burst App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Hype Burst Platform and Services, including the Hype Burst App. You agree to comply with, and your license to use the Hype Burst App and is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g, the App Store’s terms and policies) when using  the Hype Burst Platform, including the Hype Burst App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them. You must have an active App Store Developer account to publish a Hype Burst App to the App Stores. Your Hype Burst App must meet the App Store Terms and criteria to be published. Hype Burst will use commercially reasonable efforts to have Your application approved by the appropriate App Store. Hype Burst is not able to guarantee acceptance. If Your Hype Burst App is denied by the App Store provider, you shall be entitled to resubmit your Hype Burst App for Hype Burst to publish to the App Store once you have resolved any issues. Resubmission of a Hype Burst App to the App Store may incur additional charges if the Hype Burst App was denied publication due to any reason out of Hype Burst’s control. In any case of a Hype Burst App being declined from the App Store, Subscriptions are non-refundable due to the work of our developers to compile your app and manually submit it.

 

Third-Party Fees. You are responsible for paying all fees for any Third-Party Services required for uninterrupted delivery of Hype Burst Services to your End-Users (“Third Party Fees”). You shall  indemnify, defend and hold harmless Hype Burst on demand (with no duty to mitigate loss) from and against any and all liabilities, claims, demands, damages, losses or expenses (including legal and other professional adviser’s fees and disbursements), interest and penalties incurred by you howsoever arising from Third Party Fees.

 

Confidential Information

General. “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that:

  • is marked or identified as “confidential” or with a similar designation, or

  • by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential e.g. passwords to shared accounts. 

The Platform and Documentation is Hype Burst Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.

 

Use. Each party will:

  • only use Confidential Information to fulfill its obligations hereunder and/or as contemplated by these Terms and the Privacy Policy;

  • only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this Section, and 

  • maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. 

The obligations in this Section will apply during and for five (5) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.

 

Exceptions. Confidential Information does not include information that is: 

  • publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; 

  • rightfully learned by recipient from entities not bound to keep such information confidential,

  • independently developed by recipient; or 

  • approved for unrestricted disclosure by the disclosing party. 


In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party's expense). 

 

Term and Termination

 

Term. These Terms will remain in effect for so long as you access or use the Platform (the “Term”).

 

Termination. Hype Burst may, immediately and without notice, suspend or terminate your Account If:

  • timely payment cannot be charged to your Payment Provider for any reason,

  • if you have materially breached any provision of these Terms, or 

  • if we are required to do so by law (e.g., where the provision of the Platform becomes unlawful), 

  • If we decide to no longer provide our Services for whatever reason.

Subscriptions may be cancelled at any time by You to terminate this agreement by going to the Billing Dashboard section or by contacting us via email at support@hype-burst.com. Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the Platform.


Refund. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.

 

Survive Termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Liability, Warranty, Indemnification

Limitation Of Liability. In no event will Hype Burst or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  • Loss of profits or revenue

  • any special, incidental or consequential damages; 

  • the cost of procurement or substitute products or services;

  • for interruption of use or loss or corruption of data; or

  • for any amounts that exceed the total amount paid by You to Hype Burst during the one-month period prior to the act or occurrence giving rise to such liability.

Hype Burst shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

Warranty. The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of Hype Burst meet your requirements. The platform is provided “as is” without warranty or representation of any kind. Hype Burst makes no promises, representations or warranties, whether express, implied, statutory, or otherwise, with respect to the Platform, including all implied warranties of merchantability, noninfringement and fitness for a particular purpose. Hype Burst does not warrant that:

  • The Platform will be error-free, secure, work without interruptions

  • The services will meet your requirements  

  • The results that may be realised as a result of the Platform will be accurate or reliable

  • the functions, features, or any other elements on, or made accessible through, the Services, including whether the Services will be available at any particular time or location

  • information or instructions offered or referenced at or linked through the services is accurate, complete, correct, adequate, useful, timely, or reliable

  • the services or the servers that make the services available are free from any harmful components

  • your use of the services is lawful in any particular jurisdiction

 

Indemnification. You agree to indemnify and hold harmless Hype Burst, its suppliers, and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to legal fees) arising from: 

  • your use of and access to the Service;

  • your violation of any term of these Terms;

  • your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or

  • any claim arising from feature bugs or content of the Platform by either you or a third party; or 

  • any rejection of your Hype Burst App from any App Store or marketplace, for any reason whatsoever

 

General

Force Majeure. Hype Burst shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

Variation. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Waiver. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Rights and Remedies. Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

 

Severance. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.

 

Assignment. You shall not, without the prior written consent of Hype Burst, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement. Hype Burst may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

 

No partnership or Agency. Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

 

Third party rights. This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

Notices. Any notice given to a party under or in connection with this agreement shall be in writing and shall be:

  • delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company); or 

  • sent by email to your email address

Any notice shall be deemed to have been received:

  • if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

  • if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second Business Day after posting or at the time recorded by the delivery service; or

  • if sent by email, on transmission.

This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

 

Governing Law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

BY CLICKING THE “I AGREE” BUTTON, YOU ARE INDICATING THAT YOU HAVE READ AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU HAVE NOT READ THESE TERMS, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY THEM PLEASE DO NOT USE THE PLATFORM.