Interpretation

In this document:
"Services" refers to hyperwaiver.com, hyperwaiver.app and associated services (collectively referred to as “Services”)
"Sites" means the application Internet sites operated by Hyperwaiver and identified by the URL Domains hyperwaiver.com, hyperwaiver.app and their subdomains.
"Us", "our", "company", or “we” refer to the owner and operators of hyperwaiver.com and hyperwaiver.app.
"Customer", "Client", or "You" means any person or organization purchasing a product or service from us through the Sites.

IF YOU REPRESENT A COMPANY, YOU WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO BINDING AGREEMENTS ON BEHALF OF THE COMPANY, ITS USERS, AND AFFILIATES. THEREFORE, THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS USERS, AND AFFILIATES. IF YOU DISAGREE WITH OUR TERMS, OR LACK AUTHORITY, DO NOT ACCEPT THESE TERMS.

Your account will be terminated immediately if you violate any of our terms and conditions. If we change the Terms and Conditions, we will post a notice on the Sites or notify you by email. Our company is not liable for all the content made available on the Sites, and you shall use our service at your discretion.

1. General Conditions

• You shall not transmit, upload, or host unsolicited email or spam messages.
• We do not guarantee that the Sites and the Services will be continuous, uninterrupted, accurate, secure, or meet your expectations.
• We do not guarantee reliability and accuracy from the use of the Services. We cannot assure that the use of Services and/or products purchased via our platform will meet your standards or be error-free.
• The account holder must not knowingly or unknowingly transmit viruses or worms that are destructive to others' services or devices.
• We offer the Services on an “as available” basis and the account holder bears the full risk of use.
• You understand that we use partners such as hosting partners and vendors to facilitate service and product delivery.
• The account holder must not copy, reproduce, or resell part of the Services without first seeking our written permission.
• We offer support through email in English.
• Use of derogatory language, including but not limited to abuse and threats to our employees or customers, will lead to immediate account closure.
• Our company will act immediately by removing content deemed unlawful, defamatory, offensive, or pornographic, as they violate our terms and conditions.
• You agree that no liability shall be placed upon us for consequential, incidental, direct, or special damages that may arise from loss of goodwill, profits, or data (even if we have prior information of the likelihood of such damages).
• You agree that you shall bear damages arising from unauthorized access, activities of third parties, and inability to use the Services.
• Our failure to enforce the above terms and conditions does not mean waiver of such provision.
• Inability to adhere to any of the above rules and regulations will be considered a full violation of our terms and conditions and will lead to immediate termination of the account and service.

2. Account Terms

• During signup, a valid email address and full legal name are required.
• The Services are used for authorized and lawful purposes only. Our clients shall not use them to violate any existing laws within their jurisdiction.
• We do not allow robots or automated tools to create accounts. All account users and creators must be human.
• The account owner is accountable for all activities and content in their account, including those posted by third parties. They are also liable for the security of the password and the account. We are not responsible for damage that may arise from failure to secure the account.
• The minimum age requirement for account holders is 13 years.

3. Payment Plans, Upgrading, Refunds, and Downgrading Terms

• Duties, taxes, and levies charged by the taxing authority are not included in the fees. Each individual is responsible for paying such taxes and levies, excluding U.S. federal taxes. The credit card provided will be billed automatically in the event of an upgrade or downgrade in the monthly billing cycle.
• A change in billing to a yearly cycle from a monthly cycle will take effect from the date of the next billing month.
• As our policy, we treat all our clients equally. Consequently, payments for the Services are non-refundable and payment is deducted from card numbers at the beginning of the next billing cycle. No refunds for upgrades or downgrades, for remaining months, or for partial months of the Services for open accounts.
• Only free accounts are not required to have valid credit card details. All other paid plans must provide details for a valid credit card number, and upgrades to a paying plan will result in immediate billing.
• We shall not be held liable for loss of service, features, or content due to downgrading an account.

4. Service and Price Modifications

• We shall not be held responsible to any third-party or you for closure, suspension, price change, or modification of the Services.
• We have the full right to permanently or temporarily discontinue or modify full or partial Services without notice.
• We shall notify you of price changes for all our services by giving a 30-day notice through our website.

5. Copyright and Content Ownership

• We have the right to remove any content or refuse its availability on the Sites, but we are not obligated to do so.
• Materials and profiles used in setting up the account remain the property of the account holder, and as such we cannot claim intellectual property rights. However, by making your profile public, you agree that anyone can view content in the account.
• We reserve all rights for the services on our website. No one shall duplicate or reuse part or full elements or concepts of our services without our written permission.
• Each of Customer and Company will indemnify and defend the other from and against any suit or claim arising from third parties who may allege that either party’s content infringes upon the other party’s intellectual property rights.

6. Cancellation and Termination

• Termination and Services cancellation will lead to immediate permanent deletion of all content, and it cannot be recovered at any time.
• Our company provides an account owner with their contents in the event of closure or termination of the Services.
• Cancellation of the account remains solely in the hands of the account holder. They may do so anytime by contacting customer support through email.
• The company has the right to terminate or suspend the Services in the client account, and ban any current and future use for any reason without notice. This will lead to deletion of the customer account, and relinquishment of the content in it.
• Contact us in case of a custom question about our terms and conditions through: [email protected]

7. Waiver Legality and User Responsibility

• We provide tools, templates, and features designed to help users create waivers that may comply with relevant legal requirements. However, we do not offer legal advice and make no representations or warranties regarding the legal sufficiency, enforceability, or compliance of any waiver created through our platform.
• It is the sole responsibility of each user to ensure that any waiver generated using our services complies with applicable laws, regulations, and legal standards in their jurisdiction. We strongly recommend consulting a qualified legal professional before using any waiver created with our services.
• By using our services, you acknowledge and agree that we are not liable for any legal consequences arising from the use of waivers generated on the platform.
• Waivers may not be legally binding in all jurisdictions or circumstances. Users should research and understand the specific requirements in their jurisdiction.
• We cannot guarantee that a waiver created through our platform will be upheld in a court of law or provide protection against all potential claims.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: (i) the use or inability to use the Services; (ii) any waivers or legal documents created through our platform; (iii) unauthorized access to or alteration of your data; or (iv) any other matter relating to the Services.
• In no event shall our total liability to you for all claims, damages, losses, and causes of action exceed the greater of: (i) the amount paid by you to us for the Services during the twelve (12) months preceding the claim, or (ii) one hundred dollars ($100).
• We are not responsible for the actions, content, information, or data of third parties, and you release us from any claims and damages arising out of or in any way connected with any claim you have against any such third parties.
• The limitations in this section apply regardless of whether a claim arises in contract, tort (including negligence), strict liability, or otherwise, and will survive a fundamental breach of these Terms or any failure of essential purpose of any limited remedy.
• Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

9. Governing Law and Jurisdiction

• If you are accessing information or data using the Services, and you are a tax resident of New Zealand at the time you accept these terms and conditions, then New Zealand law governs this Agreement. You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.
• If you are accessing information or data using the Services, and you are a tax resident of Australia at the time you accept these terms and conditions, then Australian law governs this Agreement. You submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.
• If you are accessing information or data using the Services, and you are a tax resident of the United States of America at the time you accept these terms and conditions, then the laws of the State of California govern this Agreement. You submit to the exclusive jurisdiction of the state courts of San Francisco County, California, or the federal court for the Northern District of California for all disputes arising out of or in connection with this Agreement.
• In all other cases, this Agreement is governed by the laws of New Zealand, and you submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.
• Notwithstanding the above, you agree that Hyperwaiver may seek injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.