HYKE

Terms of Service

Welcome to HYKE Technologies Inc. (“HYKE”), a platform connecting users (“HYKERs”) with businesses offering cash top-up campaigns (“HYKEEs”). HYKE provides access to exclusive experiences through various digital channels, including but not limited to websites, mobile applications, web applications, augmented reality (AR) experiences, virtual reality (VR) environments, wearables, and any other platforms or technologies we may develop or support in the future (collectively, the “Service”).

These Terms of Service are a legally binding contract between you and HYKE (“we,” “us,” “our”), governing your access to and use of the Service.

Please read these Terms of Service carefully. By clicking “I agree,” registering for an account, downloading any HYKE application, accessing, browsing, or otherwise using the Service through any device or technology, you confirm that you have read, understood, and agree to be bound by these Terms, which include:

Our Privacy Policy – governing our collection, use, and sharing of personal information;
End-User License Agreement (EULA) – covering software usage rights where applicable; and
Any additional terms or future modifications HYKE may introduce.

These documents and any additional legal notices or policies posted on the Service form a collective agreement (the “Terms”) governing your relationship with HYKE. If you do not agree to all provisions in these Terms or are ineligible to use the Service, please discontinue use immediately.

Definitions

For the purposes of these Terms of Service (“Terms”), the following definitions apply:

“Service” refers to the services provided by HYKE Technologies, Inc. through its platform, including but not limited to the payment account features.
“User” refers to any individual or entity that accesses or uses the Service.
“Payment Account” refers to the account you established to complete purchases using stored payment methods.

Arbitration Notice

By using the Service, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your relationship with HYKE, or your use of the Service will be resolved through binding, individual arbitration. This means that by agreeing to these Terms, both you and HYKE waive the right to pursue any disputes in court (with the exception of claims eligible for small claims court) or to have them decided by a judge or jury.

Important Points to Note:

Individual Arbitration Only – You and HYKE agree to resolve disputes only on an individual basis. This agreement precludes you from participating in any form of class action, class arbitration, or other representative actions with respect to any claims.
Neutral Arbitrator, Not a Judge or Jury – Disputes will be settled by a neutral arbitrator rather than a judge or jury, providing a fair and impartial process. The arbitrator will have the authority to award any relief that would be available in a court of law, subject to the limitations outlined in these Terms.
Jurisdiction and Governing Law – As HYKE is based in Canada and specifically in Newfoundland and Labrador, the arbitration will be conducted in accordance with the laws of the province of Newfoundland and Labrador. The proceedings will adhere to Canadian arbitration standards, and the location of the arbitration will be in Newfoundland and Labrador unless you and HYKE agree to a different location.
Exceptions to Arbitration – This Arbitration Notice does not prevent either party from seeking temporary or preliminary relief in a court of law to prevent imminent harm or preserve rights pending the outcome of arbitration. Claims that qualify for small claims court may also be pursued in that venue instead of arbitration.

Please review these terms carefully, as they affect your legal rights. You are encouraged to seek independent legal advice if you have any questions regarding the arbitration process.

Eligibility

To access and use the HYKE Service, you must be at least eighteen (18) years of age. By agreeing to these Terms, you represent and warrant that:

Age Requirement: You are at least eighteen (18) years old.
Service Status: You have not previously been suspended, removed, or had your access to the Service deactivated by HYKE.
Compliance with Laws: Your registration and use of the Service comply with all relevant local, provincial, and federal laws and regulations.

If you are accessing the Service on behalf of a company, organization, or any other legal entity (collectively referred to as a “Subscribing Organization”), you confirm that:

Authorized Representative: You have the necessary authority to bind the Subscribing Organization to these Terms.
Organizational Compliance: Your Subscribing Organization is in full compliance with all applicable laws, rules, and regulations relevant to the Service.

In this case, all references to “you” in these Terms will apply to both the Subscribing Organization and any authorized individuals acting on behalf of the Subscribing Organization, including yourself.

Please note that for HYKE Services involving the use of alcoholic beverages, you must be at least eighteen (18) years old to participate in relevant campaigns.

Privacy Policy; End User License Agreement; Additional Terms

Privacy Policy: Please carefully review the HYKE Privacy Policy, which explains how we collect, use, and disclose your personal information. You consent to these practices by using the Service, and the Privacy Policy is incorporated into these Terms by reference. The Privacy Policy is accessible through our website and any applicable mobile applications.
End-User License Agreement (EULA): Your use of any mobile applications, downloadable software, or other digital platforms we provide (each an “App”) is subject to the applicable End-User License Agreement. The terms of the End-User License Agreement may vary depending on the platform on which the App is installed and the specific features of the App. You will be presented with the End-User License Agreement upon downloading and/or installing the App, and it will also be accessible within the App itself. By using an App, you agree to be bound by the terms of the End-User License Agreement, which is incorporated herein by reference.
Additional Terms: The Service may also be subject to additional guidelines, rules, or conditions that apply to specific features, campaigns, or services (referred to as “Additional Terms”). These Additional Terms will be posted with the relevant features or services and are incorporated into these Terms by reference. By using any features or services governed by Additional Terms, you agree to comply with those terms as well.

Modification of the Terms

We reserve the right to modify, amend, or update these Terms at our sole discretion, effective immediately upon posting within the Service or on our website. By continuing to access or use the Service following any such changes, you agree to be bound by the updated Terms.

You must review the Terms periodically to remain informed of any changes. We encourage you to regularly review these Terms for updates, as your continued use of the Service constitutes your binding acceptance of any modifications, whether or not you have been notified.

Effective Date of Changes

All Modifications: All modifications to these Terms become effective upon publication unless specified otherwise. Your continued access to or use of the Service after changes are posted constitutes your acceptance of the updated Terms.

Dispute Resolution and Governing Terms

In the event of a dispute, the version of the Terms in effect at the time the dispute originated will govern. By using the Service, you agree to be bound by the most recent version of these Terms.

Opt-Out of Future Changes

If you disagree with any future modifications to the Terms, your sole remedy is to discontinue the use of the Service. Continued use of the Service will be interpreted as acceptance of the modified Terms.

Accounts and Registration

To access the full features of the Service, you must create and maintain a user account (“Account”). When registering for an Account, you may be required to provide accurate, complete, and current information about yourself, including but not limited to your email address or other contact information. By creating an Account, you agree to:

Accuracy of Information: Ensure that the information you provide during registration and subsequently is accurate, complete, and up-to-date. You agree to update any information promptly to maintain its accuracy and completeness. HYKE reserves the right to suspend or terminate any Account if the provided information is found to be inaccurate, outdated, or incomplete.
Account Security: You are responsible for maintaining the confidentiality and security of your login credentials, including any passwords or one-time keys provided for passwordless login. For Accounts accessed using biometric verification (such as Face ID or fingerprint ID), you agree to secure your device and ensure that only authorized individuals have access to it.
Responsibility for Account Activity: Regardless of the login method you use (e.g., password, one-time key, or biometric login), you accept responsibility for all activities conducted under your Account, whether authorized by you or not.
Security Breach Notification: If you become aware of or suspect any unauthorized access, use of your Account, or any security breach (such as loss, theft, or disclosure of your device, one-time key, or biometric login access), you agree to notify us immediately. You may do so by submitting a request through the Help Center in the app or, if unable to access the Help Center, by emailing hello@hykeup.com. HYKE is not liable for any loss or damage arising from unauthorized access or use of your Account due to a failure to maintain its security.

Account Recovery and Termination

HYKE reserves the right to, without liability, terminate or suspend any Account, including if a security breach or misuse is suspected or if any activity violates these Terms. Additionally, we may request further information or documentation to verify your identity as part of our security and fraud prevention measures.

Location Data

Certain features of the Service utilize location data to enhance and personalize your experience. By using the Service, you acknowledge and consent to collecting, processing, and using your location information, which may include precise or approximate location data obtained from various sources, such as GPS, Wi-Fi, or mobile networks.

Usage of Location Data: The location data we collect may be used to provide tailored content, offers, and advertisements based on your location. Enable features that require location tracking, such as nearby business promotions and campaign availability. Enhance the functionality and accuracy of the Service.
Declining Location Information: You have the option to decline to provide location information. However, please note that if you choose not to share this data or if we are unable to verify your location for any reason, you may be restricted from accessing certain features or functionalities of the Service that depend on location information.
User Responsibility: You are responsible for ensuring that the location settings on your device are properly configured to enable location services for the Service. By using the Service with location services enabled, you confirm that you have the right to share your location data and that you comply with all applicable laws and regulations related to privacy and data sharing.
Data Sharing with Third Parties: Your location data may be shared with our business partners and affiliates to facilitate the services you request and improve our offerings. All data-sharing practices will be conducted in accordance with our Privacy Policy, which outlines how we collect, use, and disclose your personal information, including location data.
Consent to Data Collection: By using the Service, you expressly consent to collecting and using your location data as described in these Terms and our Privacy Policy. You can withdraw your consent at any time by disabling location services on your device; however, this may impact your ability to use certain features of the Service.
Changes to Location Data Practices: HYKE reserves the right to modify its location data practices, including how we collect, process, and share location data. Any significant changes will be communicated to you through the Service or via email, and your continued use of the Service after such modifications will constitute your acceptance of the revised practices.

User Top-up

User Top-up Generally

HYKE may, from time to time, offer you access to promotions or discounts on select third-party products and services (each an "Offer," "Hyke," "Bang," or "Top-up"). These Offers may come with specific Additional Terms and are subject to change or discontinuation by HYKE at any time without prior notice. You acknowledge that HYKE retains sole discretion in determining your eligibility to redeem any Offer and may adjust the Offer amount or availability at any time.

Top-up Redemption

Upon pressing the "HYKE" button, you will have a limited time to redeem the Offer. Once the designated time period expires, the Offer will no longer be honoured. All available Offers are subject to change without notice, and you acknowledge that you do not have any vested rights in any specific Offer or redemption method. HYKE reserves the right, at its discretion, to limit the number of redemptions or the frequency of use of Offers within any specified time frame or for any specific transaction.

Third-Party Payment Providers

Certain payment distribution options may be facilitated through licensed money transmitters authorized by HYKE (e.g., PayPal, Inc.) ("Authorized Money Transmitters"). These services are also governed by additional terms and conditions related to your account with the Authorized Money Transmitter (the "Payment Provider Terms"). By choosing to use an Authorized Money Transmitter, you agree that:

HYKE is acting as your agent for payment processing.
You are bound by the applicable Payment Provider Terms, as they may be updated from time to time.

Bonuses (Mega HYKE, Big HYKE)

From time to time, HYKE may introduce special bonuses or incentives related to the Services ("Mega HYKE," "Big HYKE"). Examples of such bonuses may include referral bonuses for introducing new users to HYKE via a personal referral code or link ("Referral Bonus").

Referral Restrictions: You will not qualify for Referral Bonuses if you refer individuals using the same mobile device or create multiple accounts to obtain bonuses for self-referrals. Engaging in such activities violates these Terms and may result in account termination, rescission of any earned bonuses, adjustments to your Rewards balance, or other corrective measures deemed necessary by HYKE.
Proof of Referrals: You are required to provide evidence of legitimate referrals, including screenshots or other documentation. HYKE reserves the right to deny or rescind Referral Bonuses if adequate proof is not provided.

Exclusions and Shopping Session Requirements

Certain affiliate businesses may exclude specific purchases from Offers. A list of these exclusions will be provided in the Additional Terms associated with each Offer and is subject to change without notice. To successfully receive a top-up, you must complete your purchase during the same shopping session initiated after clicking the "HYKE" button in the app. Exiting the app before completing your purchase may associate your transaction with a service other than HYKE's, potentially disqualifying you from receiving the top-up.

Taxes

Your distribution of top-ups may be subject to provincial, federal, and local taxes in accordance with applicable laws. You accept sole responsibility for any tax liabilities arising from your receipt of top-ups, including but not limited to fees, penalties, or fines incurred due to non-compliance. You agree to provide any information requested by HYKE to ensure compliance with relevant tax laws. HYKE reserves the right to offset any tax liabilities against your top-ups.

Account Maintenance

There are costs associated with creating and maintaining your HYKE account, covered by the fees HYKE earns from your use of its services. If you have utilized at least one Offer within the past 180 days, your account will not incur any maintenance fees. However, if you do not redeem at least one Offer (HYKE, Bang, Top-up) during any 180-day period, HYKE reserves the right to deactivate, terminate, or modify your account status as deemed necessary.

User Content

User Content Generally

Certain features of the Service may allow you to create and post content, including but not limited to messages, reviews, photographs, images, folders, data, text, videos, and other forms of creative works (collectively referred to as "User Content"). By utilizing these features, you may publish User Content on the Service, share it with other users, and make it publicly accessible.

Limited License Grant to HYKE

By submitting User Content to the Service, you acknowledge and agree that:

Ownership Transfer: You irrevocably assign all rights, title, and interest in and to your User Content to HYKE, including any and all intellectual property rights therein. As a result, HYKE shall own all copyrights and any other proprietary rights related to the User Content.
License Grant: You grant HYKE a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, and irrevocable right and license to Host, transfer, display, perform, reproduce, modify, distribute, and re-distribute your User Content. Use, adapt, and create derivative works from your User Content, in whole or in part. Exploit your User Content through any media formats and distribution channels, whether known now or developed in the future.

This license enables HYKE to utilize your User Content for any purpose, including marketing, promotional activities, and enhancing the Service, without any obligation to you or compensation.

User Responsibilities

Accuracy and Compliance: You are solely responsible for the User Content you post. You agree to ensure that all User Content is accurate, lawful and complies with all applicable laws and regulations.
Prohibited Content: You must not submit any User Content that is unlawful, defamatory, obscene, harassing, infringing, or otherwise objectionable. HYKE reserves the right to remove or disable access to any User Content that violates these Terms or is otherwise objectionable at its sole discretion.
Notification of Infringement: If you believe that any User Content infringes your intellectual property rights, you must notify HYKE in writing with sufficient detail to enable us to investigate and respond appropriately.

Indemnification

You agree to indemnify, defend, and hold harmless HYKE, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to your User Content, including any claims that your User Content infringes the rights of any third party.

No Compensation

You acknowledge that you will not receive any compensation for any User Content you submit to the Service, including any royalties, fees, or other remuneration, even if HYKE utilizes or profits from such User Content.

User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. By submitting User Content, you affirm, represent, and warrant that:

Ownership and Rights: You are the creator and owner of your User Content, or you possess all necessary licenses, rights, consents, and permissions to use and authorize HYKE and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you.
Non-Infringement: Your User Content and the use thereof as contemplated herein does not and will not:(a) infringe, violate, or misappropriate any third-party rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights;(b) slander, defame, libel, or invade the privacy or publicity rights of any individual or entity;(c) contain any viruses, adware, spyware, worms, or other malicious code;(d) violate any applicable law or regulation.
User Content Disclaimer: HYKE is under no obligation to edit or control User Content posted or published by you or other users and shall not be liable for any User Content. You acknowledge that when using the Service, you may encounter User Content from various sources and that such User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and hereby do waive, any legal or equitable rights or remedies you may have against HYKE in relation to such User Content. HYKE expressly disclaims any and all liability in connection with User Content. If HYKE is notified by a user or content owner that User Content allegedly does not conform to these Terms, HYKE may investigate the allegation and determine, in its sole discretion, whether to remove the User Content, which HYKE reserves the right to do at any time and without notice. For clarity, HYKE does not permit copyright-infringing activities on the Service.
Monitoring Content: While HYKE does not control and is not obligated to monitor (a) User Content, (b) content made available by third parties, or(c) the use of the Service by its users, you acknowledge and agree that HYKE reserves the right to monitor any and all information transmitted or received through the Service for operational and other purposes. If HYKE chooses to monitor content, it assumes no responsibility or liability for the content or any loss or damage incurred as a result of using such content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
Consent to Electronic Communications and SMS: By using the Service, you consent to receive certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

General SMS Communications: You may receive SMS messages from HYKE if you are invited by another user to join the Service. You can opt out of receiving general SMS messages at any time by replying "STOP." After sending "STOP," you will receive an SMS message confirming your unsubscription for general communications, after which you will no longer receive such messages from us.
Critical Communications: Certain communications, such as one-time passwords, security notifications, or account-related messages, are essential for the operation of the Service and cannot be unsubscribed. You acknowledge that you will continue to receive these critical communications as necessary for your account security and functionality.
Message and data rates may apply for any messages sent to or received from us. Message frequency will depend on your interactions with the Service. We recommend contacting your wireless provider for questions about your text or data plan. For inquiries about the services provided by this short code, please visit our Help Center.

Notice of Intellectual Property Infringement

Any notice alleging that materials hosted by or distributed through the Service infringe upon intellectual property rights must comply with the following requirements to be considered valid:

Authorized Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property rights being infringed.
Description of the Work: A clear and detailed description of the copyrighted work or other intellectual property that you claim has been infringed.
Identification of Infringing Material: A description of the specific material that you claim is infringing, including its exact location on the Service.
Contact Information: Your full address, telephone number, and email address for further communication regarding the notice.
Good Faith Statement: A statement affirming that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law.
Accuracy Certification: A statement certifying that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner under penalty of perjury.

Liability Disclaimer

HYKE shall not be liable for any claims related to intellectual property infringement unless you have provided a valid notice that meets all the above requirements. Failure to provide complete and accurate information may result in the dismissal of your claim. By submitting a notice, you acknowledge and agree that HYKE may share your notice with the accused infringer and that you will be solely responsible for any claims arising from your notice.

Third-party Services and Websites

HYKE may offer tools through the Service that enable you to export information to third-party services, including but not limited to APIs or account-linking features with services such as Twitter or Facebook. By utilizing these tools, you expressly consent to the transfer of your User Content and information to the relevant third-party service.

Disclaimer of Control and Liability

Please be aware that third-party services are not under the control of HYKE, and we bear no responsibility for the content of these third-party services or the manner in which they handle your User Content or information. Any interaction with these services is at your own risk, and you should review the terms and conditions and privacy policies of any third-party services you engage with.

The Service, including our websites and applications, may also include links to third-party websites and apps. Such linked sites and apps are not managed by HYKE, and we assume no responsibility for their content. The provision of these links is for your convenience only and does not constitute an endorsement, sponsorship, or affiliation with the linked site or app.

User Responsibility

You are solely responsible for conducting any necessary due diligence before engaging with any third-party services or websites. HYKE shall not be liable for any damages or losses arising from your use of third-party services or reliance on the content available on such services or websites.

Feedback

Should you provide HYKE with input, suggestions, or any other form of feedback regarding potential issues with or proposed modifications or improvements to the Service (“Feedback”), you acknowledge and agree that such Feedback is provided voluntarily. By submitting Feedback, you grant HYKE an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, and royalty-free right to use, exploit, modify, distribute, and create derivative works from the Feedback in any manner and for any purpose.

This includes but is not limited to, the rights to improve the Service, develop new products or services, and utilize the Feedback for marketing or promotional activities. You further agree that you will not be entitled to any compensation or credit for the Feedback you provide, and you waive any and all claims against HYKE arising from the use of such Feedback.

Prohibited Conduct

By using the Service, you agree to adhere to the following prohibitions and acknowledge that violations may result in the termination of your access to the Service and potential legal action. Specifically, you agree not to:

Extract Information: Extract any data or information from HYKE’s web or mobile applications for the purpose of utilizing said information in conjunction with any other service, web, or mobile application.
Transfer Licenses or Materials: Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any materials associated with the Service, including but not limited to User Content.
Disseminate Harmful Content: Post, upload, or distribute any defamatory, libellous, or misleading User Content or other content, including any that a reasonable person might consider objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.
Exploit Referral Programs: Exploit or attempt to exploit HYKE’s referral bonus program by inviting yourself to join HYKE using an alternate account or by inviting others who share the same mobile device in a manner aimed at earning referral bonuses or credits.
Misrepresent Programs: Make false or misleading claims regarding HYKE’s referral program or any other incentive program established by HYKE.
Impersonate Others: Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission. This includes forging another person’s digital signature, misrepresenting the source, identity, or content of information transmitted via the Service, or engaging in any similar fraudulent activities.
Infringe Intellectual Property: Infringe upon the copyright or other proprietary rights of the Service or any User Content.
Send Unsolicited Communications: Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other users of the Service. This includes unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Engage in Illegal Activities: Use the Service for any illegal purpose or in violation of any local, state, national, or international law, including but not limited to laws governing intellectual property rights, data protection, privacy, or the collection, storage, transmission, or access of educational records.
Harass or Defraud Others: Defame, harass, abuse, threaten, or defraud other users of the Service, or collect or attempt to collect personal information about users or third parties without their explicit consent.
Commercial Use: Use the Service for any commercial purpose without explicit authorization from HYKE.
Tamper with Security Features: Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content.
Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof (including any app), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Modify the Service: Modify, adapt, translate, or create derivative works based upon the Service or any part thereof, except and only to the extent that such activities are expressly permitted by applicable law.
Disrupt Operations: Intentionally interfere with or damage the operation of the Service or any user’s enjoyment of it by any means, including but not limited to uploading or disseminating viruses, adware, spyware, worms, or other malicious code.

Failure to comply with these prohibitions may result in the immediate suspension or termination of your access to the Service and may also expose you to civil or criminal liability.

Limitations on User Accounts

Account Creation: Each user is permitted to create only one (1) HYKE account. The creation of multiple accounts by a single user is strictly prohibited.
Device Association: Each unique mobile device may not be associated with more than two (2) user accounts. Users found attempting to link an excessive number of mobile devices to a single user account will be considered in violation of these Terms of Use, particularly if such actions are deemed by HYKE to constitute an abuse of the Service.
Enforcement of Limits: HYKE reserves the right to investigate any suspicious account activity and take appropriate actions, including but not limited to suspending or terminating accounts that violate these limitations.

Term

These Terms of Use become effective upon your acceptance of the Terms or your first download, installation, access, or use of the Service. These Terms will remain in effect until terminated by either party.

Termination by HYKE: HYKE reserves the right to terminate these Terms and your access to the Service at any time, with or without cause, and without prior notice.
Termination by User: You may terminate these Terms at any time by discontinuing your use of the Service and deleting your account.
Survival of Terms: Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Termination of Use; Discontinuation and Modification of the Service

Automatic Termination: If you engage in any Prohibited Conduct or otherwise violate these Terms, your permission to use the Service will automatically terminate. Additionally, any rights to the top-ups in your account will also terminate, rendering you ineligible to receive any distributions related to those top-ups.
Suspension or Revocation of Access: HYKE reserves the right, at any time and without prior notice, to suspend or revoke your access to and use of the Service, as well as any accounts you may hold in connection with the Service, including but not limited to (i) When we determine, at our sole discretion, that such action is necessary to comply with legal requirements or to protect the rights or interests of HYKE or any third party.(ii) In connection with any general discontinuation of the Service.
Modification of Service: HYKE reserves the right to modify the Service at any time without prior notice. Such modifications may include changes to the Service's features, functionalities, or availability.
Limitation of Liability: HYKE shall not be liable for any changes made to the Service nor for any suspension or revocation of your access to or use of the Service. However, if your access is terminated by HYKE for reasons other than your breach of these Terms, you may be entitled to have your top-ups distributed as outlined herein.
Account Termination: You may terminate your account at any time by visiting our Help Center and following the provided instructions.

Effect of Termination

Upon termination of these Terms:

(a) Your license rights in accordance with the applicable End User License Agreement will terminate, and you must immediately cease all use of the Service.
(b) You will no longer be authorized to access your account or the Service.
(c) All payment obligations accrued prior to termination, as well as any provisions which, by their nature or express terms, should survive termination, will continue to remain in effect.

Ownership; Proprietary Rights

Service Ownership: HYKE (Hyke Technologies Inc.) owns and operates the Service. All aspects of the Service, including but not limited to the visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements provided by HYKE (collectively referred to as the "Materials"), are protected by copyright, trade dress, trademark laws, international conventions, and all other relevant intellectual property rights under applicable laws.
Intellectual Property Rights: Except for User Content provided and owned by users of the Service, all Materials contained within the Service are the exclusive property of HYKE, its subsidiaries, affiliated companies, and/or third-party licensors. This includes all trademarks, service marks, and trade names which are proprietary to HYKE or its affiliates and/or third-party licensors.
Restrictions on Use: You agree not to sell, license, distribute, copy, modify, publicly perform, display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials without the express written permission of HYKE.
User Data and Interactions: During your interactions with the Service, HYKE may collect and store data related to your use, including but not limited to Information about your account, interactions, preferences, and any feedback you provide.Usage data regarding how you access and utilize the Service, which may include device information, IP addresses, browsing activity, and any communications made within the Service. All data collected during your interactions is subject to HYKE's Privacy Policy, which outlines how your information is collected, used, and protected.
Reservation of Rights: HYKE reserves all rights to the Materials not expressly granted in these Terms, including any rights to collect, use, and manage user data in accordance with applicable privacy laws and regulations.

Indemnity

Responsibility for Use: To the fullest extent permitted by law, you are solely responsible for your use of the Service. By using the Service, you agree to defend, indemnify, and hold harmless HYKE, along with its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively referred to as the “HYKE Entities”), from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ and accounting fees and costs, that arise from or are in any way connected with (i) Your access to, use of, or alleged use of the Service. (ii) Your violation of these Terms, any representations, warranties, or agreements referenced herein, or any applicable laws or regulations.(iii) Your violation of any third-party rights, including but not limited to intellectual property rights, publicity rights, confidentiality rights, property rights, or privacy rights.(iv) Any disputes or issues that arise between you and any third party.
Control of Defense: HYKE reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with HYKE in the defense of such claims and to provide all relevant information and assistance as reasonably requested by HYKE.
Notification of Claims: You shall promptly notify HYKE of any claim for which you seek indemnification and provide HYKE with reasonable assistance in defending such claims. Failure to provide such notice or assistance may limit your right to indemnification.
No Admission of Liability: Your indemnification obligations under this section are in addition to any other obligations you may have under these Terms or applicable law, and nothing in this section shall be construed as an admission of liability by HYKE or any of the HYKE Entities.

Disclaimers; No Warranties

General Disclaimer: The Service is provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, whether express or implied. By using the Service, you acknowledge and agree that your use of the Service is at your sole risk.
Disclaimer of Implied Warranties: The HYKE Entities expressly disclaim, to the fullest extent permitted by law, any and all implied warranties, including but not limited to:(i) Implied warranties of merchantability, which pertain to the quality and suitability of the Service for ordinary use;(ii) Implied warranties of fitness for a particular purpose, which relate to the Service’s adequacy for a specific use or application you may have in mind;(iii) Implied warranties of quiet enjoyment, which ensure your right to use the Service without interference from others; and(iv) Implied warranties of non-infringement, which protect you from claims that your use of the Service violates any third-party rights.
No Warranty of Accuracy or Reliability: The HYKE Entities do not warrant that:(i) The information or results provided through the Service will meet your expectations or requirements;(ii) Any content accessed through the Service will be accurate, reliable, complete, or up-to-date;(iii) The Service will be uninterrupted, secure, or free of errors or viruses;(iv) Any products, services, information, or other materials advertised, made available, or referred to you through the Service are of a certain quality or fit for any particular purpose.
Assumption of Risk: You assume all risks associated with your use of the Service, including but not limited to:(i) Damage to your computer system or mobile device;(ii) Loss of data or information; and(iii) Any other damages or losses that may result from your access to or use of the Service. You are solely responsible for ensuring that any content, materials, information, or software downloaded, used, or otherwise obtained through the Service is done at your own discretion and risk.
Limitations, Exclusions, and Exceptions: The limitations, exclusions, and disclaimers set forth in this section apply to the fullest extent permitted by applicable law. However, HYKE does not disclaim any warranty or other right that it is prohibited from disclaiming under applicable law. In jurisdictions that do not allow the exclusion of certain warranties or limitations of liability, some or all of the above disclaimers and limitations may not apply to you.
No Liability for Third-Party Content: The Service may include links to third-party websites, applications, or content. HYKE is not responsible for such third-party materials' availability, content, or accuracy. The inclusion of any such link does not imply HYKE's endorsement of the associated third-party services, and you can access them at your own risk.
Changes to the Service: HYKE reserves the right to change or discontinue the Service, or any part thereof, at any time and without notice. HYKE shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Limitation of Liability

General Limitation: To the maximum extent permitted by applicable law, neither the HYKE Entities nor any other party involved in creating, producing, operating, or delivering the Service will be liable for any incidental, special, consequential, or punitive damages arising from your access to or use of, or inability to access or use, the Service. This includes, but is not limited to, damages related to (i) Any purchase of a third-party product or service based on information contained within the HYKE Service, including but not limited to the availability of coupons or promotional offers. (ii) Your reliance on any information or materials obtained through the Service.
User Conduct and Third-Party Liability: You specifically acknowledge that the HYKE Entities are not liable for any defamatory, offensive, or illegal conduct by other users or third parties. The risk of any injury arising from such conduct rests entirely with you. Furthermore, the HYKE Entities will not be liable to you or any third party for any third-party content uploaded to or downloaded from the Service.
Aggregate Liability Limit: To the fullest extent permitted by law, the aggregate liability of the HYKE Entities to you for any and all claims arising from or related to your use of the Service is limited to the greater of (i) The total amount you have paid to HYKE for access to and use of the Service that gave rise to the claim in the twelve (12) months prior to the claim; or(ii) $100 CAD.
Essential Elements of the Bargain: You acknowledge and agree that the limitations of damages set forth in this section are fundamental elements of the basis of the bargain between you and HYKE. Without these limitations, HYKE would not have been able to provide access to the service.
Jurisdictional Exceptions: Some jurisdictions do not allow the limitation or exclusion of liability in certain circumstances. Accordingly, some or all of the above limitations may not apply to you, and you may have additional rights that vary from jurisdiction to jurisdiction.
Risk Allocation: Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate risks between the parties under these Terms. This allocation is an essential aspect of the bargain between you and HYKE.
Severability: Each of the provisions contained in this section is severable and independent of all other provisions of these Terms. If any provision is found to be unenforceable or invalid, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

Dispute Resolution and Arbitration

General Agreement to Arbitrate: In the interest of resolving disputes between you and HYKE in the most expedient and cost effective manner, you and HYKE agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. This process is more informal than a lawsuit and uses a neutral arbitrator instead of a judge or jury. Arbitration may allow for more limited discovery than in court and is subject to very limited review by courts. The arbitrator can award the same damages and relief that a court can award. You understand and agree that, by entering into these Terms, both you and HYKE are waiving the right to a trial by jury and to participate in a class action lawsuit.
Exceptions to Arbitration: Nothing in this section shall preclude either party from (i) Bringing an individual action in small claims court;(ii) Pursuing enforcement actions through applicable federal, state, or local agencies where such actions are available;(iii) Seeking injunctive relief in a court of law; or(iv) Filing suit in a court of law to address intellectual property infringement claims.
Arbitration Rules and Administration: Any arbitration between you and HYKE will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "CAA Rules") of the Canadian Arbitration Association (CAA), as modified by these Terms, and will be administered by the CAA.
Notice and Process: A party intending to seek arbitration must first send a written notice of the dispute to the other party via certified mail, Canada Post (signature required), or, if a physical address is not on file, by electronic mail (“Notice”). HYKE’s address for the Notice is HYKE Technologies, Inc., Suite 0100, 100 Signal Hill Road St. John’s, NL, A1A 1B3The notice must:(a) Describe the nature and basis of the claim or dispute;(b) Set forth the specific relief sought (“Demand”). Both parties agree to make good-faith efforts to resolve the claim directly. If an agreement is not reached within 120 days of receiving the Notice, either party may commence arbitration. During arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after a final decision and award has been made.
Fees and Costs: If you commence arbitration in accordance with these Terms, HYKE will reimburse you for your payment of the filing fee unless your claim exceeds $2,000 CAD, in which case the payment of fees will be governed by the CAA Rules. If the arbitrator finds that your claim is frivolous or brought for an improper purpose, as measured by applicable standards, then payment of all fees will be governed by the CAA Rules, and you agree to reimburse HYKE for any fees previously disbursed. Regardless of the arbitration process, the arbitrator will provide a reasoned written decision explaining the essential findings and conclusions that support the decision and award. The arbitrator may resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceedings.
No Class Actions: You and HYKE agree that claims may only be brought in your or its individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
Modifications to Arbitration Provision: If HYKE makes any future changes to this arbitration provision (other than a change to HYKE’s address for notice), you may reject such changes by sending written notice to HYKE within 30 days of the change. In this case, your account will be terminated, and the arbitration provision in effect immediately prior to the amendments you reject will survive.

Governing Law; Venue

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador (NL), without regard to its conflict of law principles. This applies to agreements made and performed entirely within NL by residents of NL.
Jurisdiction: You and HYKE agree that any lawsuit or court proceeding permitted under these Terms will be submitted to the personal and exclusive jurisdiction of the provincial and federal courts located within Newfoundland and Labrador. All claims or disputes arising from or relating to these Terms shall be litigated in these courts.
Service Availability: The Service is intended for visitors in Canada. HYKE makes no representations that the Service is appropriate or available for use outside of North America. Access to the Service from countries or territories where such access is illegal is strictly prohibited.

General

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the complete and exclusive understanding and agreement between you and HYKE regarding your access to and use of the Service. No amendments to these Terms shall be effective unless made in writing and signed by authorized representatives of both parties.
Assignment: You may not assign or transfer these Terms or your rights under them, in whole or in part, by operation of law or otherwise, without obtaining prior written consent from HYKE. HYKE reserves the right to assign these Terms to you at any time without notice.
Enforcement: The failure of HYKE to enforce any provision of these Terms shall not affect its right to require performance at any time thereafter. A waiver of any breach or default of these Terms shall not be construed as a waiver of any subsequent breach or default or of the provision itself.
Headings: The use of headings in these Terms is for convenience only and shall not influence the interpretation of any specific provision.
Severability: If any part of these Terms is found to be invalid or unenforceable, the invalid or unenforceable provision will be enforced to the maximum extent permissible, and the remaining provisions will continue to be in full force and effect.

Contact Information

If you have any questions regarding HYKE, the Service, or these Terms, please visit our Help Center or contact us at help@hykeup.com.

No Support

HYKE is under no obligation to provide support for the Service. In cases where support may be offered, such support will be subject to our published policies.

Notice Regarding Apple

This section applies only if you are using our mobile application on an iOS device.

Terms with HYKE: You acknowledge that these Terms are solely between you and HYKE and not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content.
Maintenance and Support: Apple is not obligated to provide any maintenance or support services for the Service. If the Service does not conform to any applicable warranty, you may notify Apple, and Apple will refund you any applicable purchase price for the mobile application. To the maximum extent permitted by applicable law, Apple has no other warranty obligations regarding the Service.
Claims and Liability: Apple is not responsible for addressing any claims by you or any third party related to the Service or your possession and/or use of the Service, including but not limited to (a) Product liability claims, (b) Claims that the Service fails to conform to any applicable legal or regulatory requirements;(c) Claims arising under consumer protection or similar legislation.
Intellectual Property Claims: Apple is not responsible for the investigation, defence, settlement, or discharge of any third-party claims that the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights.
Third-Party Terms: You agree to comply with any applicable third-party terms when using the Service.
Beneficiary Rights: Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Pay with HYKE

Payment Account Setup

HYKE may allow you to create a payment account (“Payment Account”) through the Service. This Payment Account allows you to complete purchases using a payment method that you store within your Payment Account (“Payment Method”). Payment Methods may include but are not limited to, credit cards and debit cards. Please note that the specific Payment Methods accepted may change at HYKE’s discretion at any time.

Security of Payment Methods

Your Payment Method will be securely stored by an entity affiliated with HYKE, utilizing industry-standard security protocols in compliance with applicable laws and regulations regarding data protection. You can add multiple Payment Methods to your Payment Account, such as multiple credit or debit cards.

Default Payment Method

You have the flexibility to change your default Payment Method at any time through your HYKE Payment Account settings. If you do not explicitly select a default Payment Method, HYKE reserves the right to designate one of your stored Payment Methods as the default for future transactions.

Notifications

HYKE may periodically notify you about specific merchants and transactions where you can utilize your Payment Account to make payments through the Service. Additionally, you may receive notifications regarding special top-ups or incentives associated with conducting certain transactions using your Payment Account.

Transaction Charges

When you initiate a purchase through the Service using your Payment Account, your chosen Payment Method may be charged immediately or later, depending on the transaction. You are responsible for ensuring sufficient funds are available in your selected Payment Method to cover all authorized transactions. The funds charged to your Payment Method may be directly utilized for your purchase, or HYKE may opt to process the payment through an intermediary method (e.g., a gift card, an Automated Clearing House (ACH) payment, or another form of electronic funds transfer (EFT)).

Customer Support

Should you have any questions, concerns, or suggestions regarding your Payment Account or transactions, please do not hesitate to reach out to us at: help@hykeup.com.