Terms of Service
Terms of Service
Effective as of Jan. 22nd, 2024.
Hyperorganic, Inc. encourages you to carefully read these Terms of Service before using M33.app or the Android/iOS mobile applications (“the Website” or “the Service”) operated by Hyperorganic, Inc. (referred to as “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of, or subscription to, M33.app.
By accessing or using the Website in any manner, including, but not limited to, visiting or browsing the Website or contributing content or other materials to the Website, you agree to be bound by these Terms.
These Terms are made by and between the party on whose behalf they are accepted (the “Subscriber”) and Hyperorganic, Inc. If you are entering into or accepting these terms on behalf of a legal entity, you represent and warrant that you have the right, authority and capacity to bind such entity to these terms, in which case the term “Subscriber” shall refer to such entity. If you do not have such authority, or do not agree to be bound by all of the provisions of these terms, do not access or use Hyperorganic’s services.
Account Terms
Subscriber must be at least 13 years or older to use the Service. Subscriber must be a citizen or permanent resident of the Unites States of America.
Hyperorganic’s Obligations
Hyperorganic will comply with all laws and governmental regulations applicable to the Service. We will maintain administrative, physical, and technical safeguards to ensure the security and integrity of the Service (the “Security Measures”) consistent with industry standard practices. Hyperorganic will store, process, transmit and disclose electronic data and configurations submitted to the Service at the direction of or on behalf of Subscriber (“Subscriber Data”). The Service, independent of Subscriber Data, will not transmit code, files, scripts, agents, or programs intended to do harm, including, viruses, worms, and Trojan horses (“Malicious Code”).
Subscriber’s Obligations & Responsibilities
Subscriber is responsible for Subscriber Data and the provision of Subscriber Data to the Service. Subscriber will be responsible for the performance of its personnel (including employees and contractors) in compliance with this Agreement. Subscriber enters into the Agreement on behalf of its employees and Affiliates that make use of the Service.
Subscriber shall:
use the Service in accordance with the Agreement;
be responsible for using commercially reasonable efforts to prevent unauthorized access to or use of the Service;
promptly notify Hyperorganic of any unauthorized access, access attempts, or use of the Service;
not use the Service to store, transmit or display Subscriber Data for fraudulent purposes or in violation of applicable laws and governmental regulations;
not make the Service available to, or use the Service for the benefit of, anyone other than Subscriber’s own personnel or end users;
not use the Service to store, transmit or display Malicious Code;
not interfere with or disrupt the integrity or performance of the Service or any third-party technology contained therein;
not attempt to gain unauthorized access to any of Hyperorganic’s datacenters, systems or networks;
not permit direct or indirect access to or use the Service in a way that circumvents a usage or capacity limit of the Service;
not sell, resell, license, sublicense, distribute, redistribute, rent, or lease the Service;
not copy, modify or create a derivative work of the Service or any part thereof;
not access the Service or use the documentation to develop a competing product or service;
not reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any or all of the source code of the Service, except as permitted by applicable laws or governmental regulations;
not alter, remove or obscure any copyright, trademark or other proprietary notices on the Service;
obtain and maintain appropriate equipment and ancillary services needed to connect to, access or otherwise use the Service, including hardware, servers, software, operating systems, VPNs and internet access;
obtain and maintain any required consents necessary to permit the processing of Subscriber Data by Hyperorganic under the Agreement; and
obtain and maintain any consents necessary to permit the processing by Hyperorganic of the personal information of Subscriber’s personnel who serve as Subscriber’s designated agents for purposes of the Service and this Agreement.
Term, Payment and Refunds
Purchases are optional. If you decide to make an in app purchase, the payment will be in advance and is refundable within 14 days of purchase. Unused in app purchases may be refunded at the amount purchased. Please contact us m33app@gmail.com to request a refund. Hyperorganic does not accept any liability for lossses arising from the use of our services, including, but not limited to, in app purchases. All fees will be paid in US dollars.
Termination
We may terminate the Subscriber's access to the Website, without cause, at any time. All items owned by Subscriber as specified in “Ownership and Content” shall remain available to Subscriber in Hyperorganic, but all other available features may be greatly curtailed. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Ownership and Content
We reserve the right to monitor Subscriber’s content and to remove or disable content that we, in our sole discretion, determine to be illegal, harmful, offensive, creating liability for Hyperorganic or its service providers, or otherwise in violation of this Agreement or Hyperorganic operating policies.
Limitation of Liability
IN NO EVENT WILL A PARTY’S AGGREGATE LIABILITY (TOGETHER WITH ALL OF ITS AFFILIATES) ARISING OUT OF OR RELATED TO THE AGREEMENT (REGARDLESS OF THE NUMBER OF INDIVIDUAL INCIDENTS GIVING RISE TO LIABILITY) EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY SUBSCRIBER AND ITS AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT SUBSCRIBER’S PAYMENT OBLIGATIONS.
Links To Other Sites
Our Website may contain links to third-party Websites that are not owned or controlled by Hyperorganic. Hyperorganic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party Website that you visit.
Governing Law
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, United States, without giving effect to any principles of conflicts of law.
Privacy Policy
Hyperorganic will process personal information in accordance with our privacy policy when processing personal information (the “Privacy Policy”).
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Website and discontinue any use of the Website immediately.
