Terms Of Service
1. Welcome
Welcome to the HYAX website which encompasses Hy.page (the “Site“) provided to you by HYAX.COM & HY.PAGE (which will be referred to herein as either “HYAX” "Hy.page", “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us in order to provide you a much easier way to run competitions on your website & social networks. These HYAX Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.
By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.
2. Registration and Access
In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your HYAX account options page.
Based on the specific package you choose, you may grant account access to additional users in your organization. and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.
We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at kevin@hyax.com.
3. Fees and Billing
By opening a subscription-based paid account with HYAX, you agree to timely pay all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to your credit card or the charge is returned for any reason, HYAX may suspend or terminate your account.
In the case that your campaign goes over the email or tracked revenue limit, you will automatically be assessed an overage fee. By signing up you agree to pay these fees.
The current overage fee is $35 for 10k extra participants or $10k more revenue generated by HYAX.
We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).
You are responsible for managing your plan, if you wish to cancel your account at any time for any reason, you may do so by switching your plan in the back-end of our software. Failure to do this before the anniversary date will result in renewal of the plan for the current period. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
4. Refunds
Within 15 days of your first payment, you can get a full no questions asked refund for any reason. Please contact us hi@hyax.com with your email you used to sign-up and tell us that you’re seeking a refund. After 15+ days of your first payment, no further refunds will be issued.
Refunds are not permitted for overage charges for users who go over their plan limits.
Please note that asking for a refund causes the immediate deletion and cancellation of your account.
5. HYAX BETA Limitations
PLEASE NOTE SOME THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.
Furthermore, please note that currently the Services were created with the intent to be used by users in North America. You may use the Services outside of such territories, but bear in mind that HYAX makes no representations that the Service is appropriate or available for such use.
6. Ownership of the Services Provided to You
The underlying platforms of the Services are either the proprietary property of HYAX or the proprietary property of our licensors or licensees. By subscribing to our Services, HYAX grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.
“HYAX” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to HYAX. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by HYAX. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
Please note that HYAX facilitates companies running competitions which as a user you can enter. As an entrant you acknowledge that “Competition Owner” is fully responsible for ensuring that their competition complies with all applicable rules & regulations in the countries for which it is operating. HYAX is not responsible for; or liable for the failure of any Competition Owner to comply with these rules.
“Competition Owners” must also be responsible for ensuring that their competition fully complies with all rules & regulations of any social network or Third Party on which is it run. HYAX will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.
You acknowledge and agree that HYAX is not responsible or liable for Competition Owners use or distribution of information you provide. Please see each Competition Owners promotion rules, terms and privacy policy for details on how they use your personal information.
As HYAX can be used on any website in any country, by using HYAX you acknowledge that you are responsible for compliance with any local laws.
HYAX DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
HYAX may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that HYAX may use any information you provide consistent with HYAX and these Terms of Service.
7. Technical Support
Technical support is provided to you by HYAX via email during regular business hours (i.e. Monday to Friday from 9AM CET to 5PM AEST) by sending your technical inquires to support@hyax.com. HYAX shall respond to via email to your support request within a reasonable time-period, generally within 1 business day.
8. Third Party Applications & Reliability
While the primary purpose of the Services is to aggregate third party websites, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that HYAX does not own or control any of these. As HYAX serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while HYAX monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.
HYAX also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve HYAX from any and all liability arising from your use of any Third Party Applications.
In the event of an issue, data breach, or problem with any 3rd party service, HYAX assumes zero responsibility for ANY issues that may arise due to your usage of the 3rd party service along with HYAX.
You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.
We recommend that all rules, regulations, and policies of any 3rd party tool or platform are complied with. HYAX will not take responsibility for the actions or set up of the user’s campaign.
9. Right to Shut Down, Deny or Limit Access, Remove Content
HYAX reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, HYAX reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
Customers of HYAX are responsible for making sure their website is meeting all regulations for their area of service/operation. For example, it is up to the customer to make sure they are following guidelines such as GDPR legislation.
Accounts are not permitted for resale or ownership change and can be reviewed and revoked.
In summary
- You must be at least 18 years old to register for an account. You are responsible for your account and your content.
- We do not allow creations or benefits that are abusive towards other people, show illegal content, or have any affiliation with illegal activities.
- We do not allow creations or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
- We do not allow creations or benefits with real people engaging in sexual acts.
- We do not allow creators or benefits that involve raffles or prizes based on chance.
- If your fans include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 13 cannot use Hy.page.
- We are not required to allow any particular person or group of persons to be your usere/member. As a creator you are also responsible for keeping Hy.page data safe and not sharing any sensitive information that would lead to unapproved access.
10. Your Feedback
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of HYAX, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, HYAX may use or redistribute any such submission and its contents for any purpose and in any way it deems.
To provide such submissions or feedback, please email hi@hyax.com
11. No Warranty
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. HYAX DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Liabilities and Indemnities
You shall indemnify and save harmless HYAX and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by HYAX and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
THE CUMULATIVE LIABILITY OF HYAX FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES OR USE OF THE SITE.
HYAX WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY HYAX OR ANY THIRD PARTY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. Confidentiality and Privacy
We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how HYAX protects your personal information, please refer to our Privacy Policy.
14. HYAX User’s Obligations
All users who signup to HYAX and use our service are required to fulfill any promises, rewards, bonuses etc. that is promised to the users/entrants of a contest or any other HYAX tool. HYAX has zero tolerance for companies trying to deceive, trick or abuse anyone who interacts with our tools. Any disputes between an entrant/lead/email collected and a user of HYAX’s tools needs to be resolved between the two parties. HYAX does not take responsibility for resolving issues or any legal matters. Here are some resources from the FTC to learn more about legistation on giveaways and contests in the US.
15. Miscellaneous
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements;
(b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms;
(c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
(d) These Terms shall be governed by the laws of the United States, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of California, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.
(e) If you are looking for information on GDPR,
(f) Project and username ownership. There is no name or username squatting allowed on the Hyax platform. If a customer can show legal documentation for ownership or copywriter on a brand term we have the final say on revoking or changing ownership of copywriter brand names and terms.