By using any Hypershapes Services, browsing Hypershapes Website or by signing up for a Hypershapes Account, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

These Terms are a legal agreement (“Agreement”) between Hyper Growth Marketing Sdn. Bhd. (“Hypershapes”, “we”, “us”) and you.

The services offered by Hypershapes under the Terms of Service include various products and services to help you sell goods and services. Any services offered by Hypershapes are referred to in these Terms of Services as the “Services”. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service and Privacy Policy, before you sign up for a Hypershapes Account or use any Hypershapes Service.

Account

In order to use the Service, you must create an account in the Hypershapes platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of other users of your Account (“Users”).

Free Account

Hypershapes offers a forever free version of the Service (“Free Account”). You may create only one Free Account. Hypershapes reserves the rights to terminate or cancel your free account if you did not login for the past 60 days.

Subdomain

When you sign up for a Hypershapes Account, you may get a subdomain from Hypershapes. Hypershapes reserves the rights at any time and without notice to reclaim, modify, cancel or terminate the subdomain that you received.

Email

1. You may generate or send email from your Account using the Hypershapes email services (the “Email Services”).

2. Your use of the Email Services must comply with all applicable laws, include but not limited to spam, privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling and child protection. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.

3. Your use of the Email Services must comply with Hypershapes Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.

4. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.

5. Your use of the Email Services must follow all applicable guidelines established by Hypershapes.

6. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:

• using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
• using purchased or rented email lists;
• using third party email addresses, domain names, or mail servers without proper permission;
• sending emails that result in an unacceptable number of spam.
• failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
• failing to comply with any request from a recipient to be removed from your mailing list within 7 days of receipt of the request;
• failing to include in each email a link to the then-current privacy policy applicable to that email;
• disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
• failing to include in each email your valid physical mailing address or a link to that information; or
• including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.

7. Hypershapes Email Services utilize Third Party Providers, including Amazon AWS. Your use of the Email Services is subject to Amazon AWS Acceptable Use Policy as it may be amended by Amazon AWS from time to time.

Website Content

1. Hypershapes is a sales and marketing software that provides the tools and technology for businesses to sell products and services on their own website, marketplaces and more. Here describes activities that are prohibited in connection with your use of the Services.

• Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
• Harassment, bullying, defamation and threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.
• Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
• Illegal activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
• Intellectual property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.
• Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Hypershapes or others, including Hypershapes third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
• Restricted Items: You may not offer goods or services that are, or appear to be, Restricted Items.
• Self-harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.
• Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
• Terrorist organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.

2. We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of these Terms, including activities outside of your use of the Services.

3. Hypershapes has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this Terms of Service, or any other agreement between you and Hypershapes governing your use of the Services (collectively, the “Terms”).

Payment

1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to any fees relating to your purchase or use of any products or services such as themes, templates, short message service or Third Party Services (“Additional Fees”). Together, the Subscription Fees and the Additional Fees are referred to as the “Fees”.
2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Hypershapes will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Hypershapes will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
3. Subscription Fees are paid in advance and will be billed monthly or yearly. (each such date, a “Billing Date”). Additional Fees will be charged from time to time at Hypershapes discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged.
4. If we are not able to process payment of Fees using an Authorized Payment Method, we will attempt to process payment using any Authorized Payment Method everyday in the next 7 days. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. If the outstanding Fees remain unpaid for the next 30 days following the date of suspension, Hypershapes reserves the right to terminate your Account.
5. All fees are exclusive of taxes (“Taxes”). Where appropriate, value added tax (VAT), goods and services tax (GST) or any other tax on sales (irrespective of the designation of the tax adopted in various jurisdictions) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service.
6. Hypershapes does not provide refunds.
7. You are responsible for all applicable Taxes that arise from or as a result of any sale on your Hypershapes website or application.

Termination

1. Hypershapes reserves the right to suspend, terminate or cancel your Hypershapes Account with immediate effect and refuse you any and all current or future use of the Service for with or without any reason, with or without notice at any time.
2. Hypershapes may suspend, terminate or cancel your Hypershapes Account if we suspect that you have engaged in fraudulent activity in connection with the use of the Services.
3. You may cancel your Hypershapes Account and terminate the Terms of Service at any time by contacting Hypershapes support and then following the specific instructions indicated to you in Hypershapes response.
4. If you have not login your account for 6 months and above, we may suspend, terminate or cancel your Hypershapes Account.
5. Once your account is suspended, terminated or cancelled, you may not be able to access your Hypershapes Account. All your data that is stored in Hypershapes may be deleted and it may not be restored.
6. If this Agreement is terminated or canceled, then all provisions that by their nature should survive will survive, including, but not limited to, all limitations of liability, warranty disclaimers, indemnity and limitations of liability.

Limitation of liability

1. To the maximum extent permitted by law, Hypershapes, its employees, directors, officers or representatives shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
2. In no event shall Hypershapes be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence).
3. You hereby releases Hypershapes, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.

No Warranty

1. Hypershapes provides the Service on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
2. Hypershapes does not promise, guarantee, or warrant your business’ success, income, or sales volume.
3. Hypershapes does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
4. Hypershapes does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
5. Hypershapes does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
6. Hypershapes is not responsible for any of your tax obligations or liabilities related to the use of Hypershapes Services.

Hypershapes Rights

1. Hypershapes reserves the right to refuse service to anyone for any reason at any time.
2. Hypershapes reserves the right to modify or terminate the Services for any reason, without notice at any time.
3. Hypershapes may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the Materials uploaded to Hypershapes violate our Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Hypershapes customer, Hypershapes employee, member, or officer will result in immediate Account termination.
5. Hypershapes does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

Copyright and Trademarks

1. Hypershapes software, the Service and the content included on the Websites (such as text, graphics, logos, button icons, images, audio clips and software) (collectively, the “Hypershapes Intellectual Property ''), are the property of Hypershapes.
2. No part of the Hypershapes Intellectual Property may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
3. Without our express consent, our trademarks, service marks, logos and other indicia of source may not be used in conjunction with other entities’ products or services in any manner whatsoever, including but not limited to in any way that may cause confusion among customers and potential customers, or in any manner that discredits Hypershapes, its products or services.

Notice And Takedown Procedures For Making Claims Of Copyright Or Intellectual Property Infringement

If you believe that materials or content available on the Website infringes any copyright you own, you may send Hypershapes a notice requesting that Hypershapes remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Hypershapes a counter-notice. Notices and counter-notices should be sent to compliance@hypershapes.com.

Indemnity

You agree to protect, defend, indemnify and hold harmless Hypershapes, our subsidiaries, affiliates, Hypershapes partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Severability

In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.

Modification

Hypershapes may modify the terms and conditions within this Agreement at any time, with or without prior notice to You. These modifications may include, but not limited to changes in price and Service.