Welcome, and thank you for your interest in HYKE Technologies Inc. (“HYKE”). The following Terms of Service are a legally binding contract between you and HYKE (“we”, “us”) regarding your use of HYKE’s website, mobile applications, networks, and other related features or services (collectively, the “Service”, “Use”). Please read the following terms of use carefully. By clicking “I accept,” registering for an account, downloading the HYKE mobile/tablet application, accessing, browsing, or otherwise using the service, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions. Including the HYKE privacy policy, any applicable end-user license agreement, and any additional terms or future modifications (collectively, the “Terms”). If you are not eligible or do not agree to all of the Terms, please do not use the Service.

Arbitration notice
You agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these terms, you and HYKE are each waiving the right to go to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL arbitrator and NOT a judge or jury.

1. Eligibility. You must be at least eighteen (18) years old to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) You are at least eighteen (18) years old. (ii) You have not previously been suspended, removed or deactivated from the Service. (iii) Your registration and use of the Service comply with all applicable laws and regulations. 
2. Suppose you are using the Service on behalf of an entity, organization, or company (collectively “Subscribing Organization”). In that case, you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, “you” in these Terms refer to your Subscribing Organization and any individual authorized to use the Service, including you, on behalf of the Subscribing Organization. You must be at least 18 years old to use HYKE with alcoholic beverages on the Service.
3. Privacy Policy; End User License Agreement; Additional Terms
   • Privacy Policy. Please read the HYKE Privacy Policy carefully for information about our collection, use, and disclosure of your personal information. The HYKE Privacy Policy is hereby incorporated by reference into and made a part of these Terms.
   • End-User License Agreement. Your use of any mobile application or other downloadable software we may provide (each an “App”) is subject to an End User License Agreement. The applicable End User License Agreement depends on the platform on which the App is designed to run and its features. The End User License Agreement will be presented to you when you download and/or install the App and will be accessible through the App. Apps are deemed part of the Service, and all such End User License Agreements are hereby incorporated into and made a part of the Terms by reference.
   • Additional Terms. Your use of the Service is subject to any additional terms, rules, or guidelines applicable to specific services and features, which we may post from time to time (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into and made a part of the Terms.
4. Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Service when you log in, and we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
5. Accounts and Registration. To access most features of the Service you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to notify us immediately by submitting a ticket from within the app or visiting our Help Center. If you are unable to log-in to the Help Center please send an email to hello@hykeup.com. 
6. Location Data. Some features of the Service enable us to tailor your experience on the Service based on your location. If you decline to provide location information, or in our judgment, we cannot verify your location, you will be unable to utilize some or all features of the Service.
7. User Top-up.
   • User Top-up Generally. HYKE may make available to you from time to time through the Service offers on certain third-party products and services (each an “Offer”, “Hyke”, “Bang”s, “Top-ups”). Each Offer may be subject to Additional Terms and may be discontinued by HYKE at any time. At any time and in HYKE’s sole discretion, HYKE may determine whether or not you are eligible to redeem an Offer or adjust your offer total.
   • Top-up Redemption. Once you press the “HYKE” button, you have a limited time to use the Offer, and upon expiry, the Offer will not be honoured. The available offers are subject to change without notice to you in accordance with these Terms, and you have no vested right to any particular form or method of redemption. HYKE may, at its sole discretion, limit the number of redemptions or the number usage you can have in any given period of time or for any particular transaction.
   • Third-Party Payment Providers. Certain distribution options are provided by licensed money transmitters authorized by HYKE to operate in connection with the Services (e.g., PayPal, Inc.) (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”).
   • When you elect to use an Authorized third party, you further agree (i) that HYKE is acting as your agent with respect to the payment processing and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.
   • Bonuses (Mega HYKE, Big HYKE). From time to time, HYKE may introduce special bonuses or incentives that may be available to you in connection with the Services (“Mega HYKE”, “Big HYKE”). Such Bonuses may include, for example, a referral bonus to refer others to HYKE, using a personal referral code or URL (“Referral Bonus”). You will not be eligible to earn Referral Bonuses if you invite other users who share the same mobile device or if they create multiple accounts in an effort to earn Referral Bonuses for inviting themselves. Such actions violate these Terms of Use and shall be grounds for HYKE to terminate your account, rescind any Referral Bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where you cannot produce examples of how you made referrals, including screenshots of where you made referrals, HYKE reserves the right to decline to award to you Referral Bonuses, rescind Bonuses, or take other remedial actions.
   • Certain Affiliate Businesses exclude a limited number of purchases from the Offers. Such a list of exclusions is included in the Additional Terms associated with each Offer and is subject to change without notice. Additionally, to get the top up, you must complete your purchase during the same shopping session you start after clicking on the “HYKE” button in the app. If you exit the app before completing your purchase, your purchase might be associated with a service other than HYKE’s Service, and you might not be able to HYKE on your purchase. 
   • Taxes. Depending on applicable provincial, federal, and local tax laws, your distribution of top-ups may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of top-ups, and you agree to provide HYKE with information HYKE requests in connection with applicable provincial, federal, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by HYKE as a result of your action or inaction in connection with the foregoing (including your failure to provide HYKE with information). HYKE is further authorized to offset such tax liability from your top-ups.
   • Account Maintenance. There are costs associated with the creation and maintenance of your HYKE account, and those costs are covered by the fees HYKE earns when you use HYKE services. Therefore, if you have used at least one Offer during the past 180 days, your account will not be assessed any account maintenance costs. If however, you do not use at least one offer/bang/top-up/hyke during any 180 day period, HYKE will reserve the right to deactivate/terminate or alter your HYKE account.
8. User Content. 
   • User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, images, folders, data, text, and other types of works (collectively called, “User Content”) and to publish User Content on the Service.
   • Limited License Grant to HYKE. By posting User Content, you grant HYKE and a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.
9. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
   • You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize HYKE and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you.
   • Your User Content and the use thereof as contemplated herein does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) contain any viruses, adware, spyware, worms, or other malicious code; or (d) violate any applicable law or regulation.
   • User Content Disclaimer. We are under no obligation to edit or control User Content that you and other users post or publish and will not be in any way responsible or liable for User Content. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that 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 have or may have against HYKE with respect thereto. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, HYKE does not permit copyright infringing activities on the Service.
   • Monitoring Content. HYKE does not control and does not have any obligations to monitor: (a) User Content; (b) any 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, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If, at any time, HYKE chooses to monitor the content, HYKE still assumes no responsibility or liability for the content or any loss or damage incurred as a result of the use of 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 that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 
   • You may receive an SMS from HYKE if you are invited by another user to join HYKE. You can stop receiving SMS messages at any time by texting “STOP” back. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. 
   • As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user’s interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can visit our Help Center.
10. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:  
    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    • a description of the copyrighted work or other intellectual property that you claim has been infringed;
    • a description of the material that you claim is infringing and where it is located on the Service;
    • your address, telephone number, and email address;
    • a statement by you 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; and
    • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
11. Third-Party Services and Websites. HYKE may provide tools through the Service that enable you to export information to third-party services, including through the use of an API or by linking your account on HYKE with an account on the third-party Service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third-party Service or the use of your User Content or information by the third party service. The Service, including our websites, apps may also contain links to third-party websites and apps. The linked sites or apps are not under our control, and we are not responsible for the contents of any linked site/app. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site/app. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
12. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant HYKE an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. 
13. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    • extract information from HYKE’s web or mobile applications for the purpose of using said information in conjunction with another service, web or mobile application;
    • rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
    • post, upload, or distribute any defamatory, libellous, or inaccurate User Content or other content;
    • post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
    • exploit or attempt to exploit HYKE’s referral bonus program by inviting yourself to join HYKE using another account or invite others who share the same mobile device, in an effort to earn referral bonuses or credit(s);
    • make false or misleading claims about HYKE’s referral program or any other incentive program created by HYKE;
    • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
    • infringe the copyright or other proprietary rights on the Service or of any User Content;
    • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
    • use the Service for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;
    • defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;
    • use the Service for any commercial purpose;
    • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict 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, 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, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
    • intentionally interfere with or damage the operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
14. Limitations on User Accounts. A user may not create more than one (1) HYKE account. Each unique mobile device may not be associated with more than two (2) user accounts. Users who attempt to associate an excessive number of mobile devices with a single user account may be deemed to have violated these Terms of Use to the extent they are deemed by HYKE to have abused the Service.
15. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated.
16. Termination of Use; Discontinuation and Modification of the Service. If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Service will automatically terminate, and any rights you have to the top-ups in your account will terminate, and you will no longer be eligible to receive a distribution of such. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Ibotta or any third party; or (ii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service, provided that if we terminate your access to the Service other than for your breach of these Terms, you may be entitled to have your top-ups distributed, as described in the Terms. You may terminate your account at any time by visiting our Help Center.
17. Effect of Termination. Upon termination of these Terms: (a) in accordance with the applicable End User License Agreement, your license rights will terminate and you must immediately cease use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) all payment obligations accrued prior to termination and any other Sections which, by its nature or express terms should survive will survive.
18. Ownership; Proprietary Rights. The Service is owned and operated by HYKE (Hyke Technologies Inc.). The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by HYKE (the “Materials”) are protected by copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by users of the Service, all Materials contained in the Service are the property of HYKE or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to HYKE or its affiliates and/or third-party licensors. Except as expressly authorized by Ibotta, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. HYKE reserves all rights to the Materials not expressly granted in the Terms.
19. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you agree to defend, indemnify and hold harmless HYKE and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “HYKE Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
20. Disclaimers; No Warranties
    • The service is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. The HYKE entities specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; (ii) any warranties arising out of course-of-dealing, usage, or trade; (iii) any warranties that the information or results provided in, or that may be obtained from use of, the service will meet your requirements or be accurate, reliable, complete, or up-to-date; and (iv) any warranties whatsoever regarding any products, services, information or other material advertised, made available, or referred to you through the service. You assume all risk for all damages, including damage to your computer system, mobile device or loss of data that may result from your use of or access to the service. Any content, materials, information or software downloaded, used or otherwise obtained through the use of the service is done at your own discretion and risk.
    • The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. HYKE does not disclaim any warranty or other right that HYKE is prohibited from disclaiming under applicable law.
21. Limitation of Liability
    • 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, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the HYKE entities have been informed of the possibility of such damage where such damages result from: (i) your access to or use of, or inability to access or use, the service, or (ii) any purchase of a third party product or service based on information contained in the HYKE service, including the availability of a coupon. You specifically acknowledge that the HYKE entities are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, the HYKE entities will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service.
    • 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 the use of the service is limited to the greater of (i) the amounts you have paid to HYKE for access to and use of the service giving rise to such liability in the twelve (12) months prior to the claim or (ii) $100 CAD. The limitations of damages set forth above are fundamental elements of the basis of the bargain between HYKE and you.
    • Some jurisdictions do not allow the limitation or exclusion of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
    • Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms.
22. Dispute Resolution and Arbitration 
    • Generally. 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 of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and HYKE are each waiving the right to a trial by jury or to participate in a class action.
    • Exceptions. W both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
    • Arbitrator. 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, as modified by these Terms, and will be administered by the CAA.
    • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Canada Post (signature required), or in the event that we do not have a physical address on file for you, we may send notice to you by electronic mail (“Notice”). HYKE’s address for notice is: HYKE Technologies, Inc., Suite 0100, 100 Signal Hill road, St. John’s, NL, A1A 1B3. The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 120 days after the notice is received, you or HYKE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or HYKE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favour, HYKE shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by HYKE in settlement of the dispute prior to the arbitrator’s award.
    • Fees. In the event that you commence arbitration in accordance with these Terms, HYKE will reimburse you for your payment of the filing fee, unless your claim is for greater than $2,000, in which case the payment of any fees shall be decided by the CAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth, then the payment of all fees will be governed by the CAA Rules. In such case, you agree to reimburse HYKE for all monies previously disbursed by it that are otherwise your obligation to pay under the CAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    • No class actions. You and HYKE agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and HYKE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    • Modifications. In the event that HYKE makes any future change to this arbitration provision (other than a change to the HYKE’s address for notice), you may reject any such change by sending us written notice within 30 days of the change to HYKE’s address for notice, in which case your account with HYKE shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
23. Governing Law; Venue. These Terms, whether interpreted in a court of law or arbitration, shall be governed by the laws of the Province of Newfoundland and Labrador (NL) as they apply to agreements entered into and to be performed entirely within NL by NL residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and HYKE agree to submit to the personal and exclusive jurisdiction of the provincial courts and federal courts located within the NL to litigating all such claims or disputes. The Service is intended for visitors located within Canada. We make no representation that the Service is appropriate or available for use outside of North America. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
24. General. The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and HYKE regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
25. Contact Information. If you have any questions regarding HYKE, the Service, or the Terms please visit our Help Center or send an email to help@hykeup.com.
26. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
27. Notice Regarding Apple. This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and HYKE only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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 of these Terms.
28. Pay with HYKE
    • HYKE may make available to you through the Service the opportunity to establish a payment account (“Payment Account”) that will allow you to complete purchases using a payment method that you store in your Payment Account (“Payment Method”). Payment Methods may include a Credit Card or Debit Card and are subject to change by HYKE at any time. Your Payment Method will be stored in a secure form in accordance with applicable laws and regulations by an entity affiliated with HYKE. You may establish more than one Payment Method in your Payment Account (e.g., you may add two or more Credit Cards to your account). You may change the default Payment Method at any time through your HYKE Payment Account settings, and if you do not select a default Payment Method, HYKE may select one of your Payment Methods as a default Payment Method for your Payment Account.
    • HYKE may notify you from time to time about specific merchants and/or certain transactions where you can use your Payment Account to make payments through the Service. HYKE may also notify you from time to time of certain top-ups or other incentives that you may receive by using your Payment Account to conduct certain transactions through the Service.
    • When you make a purchase through the Services using your Payment Account, your Payment Method may be charged immediately or at a later time, so you must ensure that sufficient funds are always available through your chosen Payment Method to complete all transactions that you authorized through your Payment Account. The funds charged to your Payment Method may be used directly to complete your purchase, or may be converted by HYKE through an intermediate payment method (e.g., a gift card, an Automated Clearing House (ACH) payment, or another form of electronic fund transfer (EFT)).

Should you have any questions, concerns, or suggestions, please contact email: help@hykeup.com