Terms & Conditions

This agreement (the "Agreement") sets forth the legally binding terms and conditions governing the use of HyperRing (the "Product") and the HyperRing Pay App (the "App"). By purchasing, registering, or using the Product or downloading, installing, or using the App, you ("User") acknowledge and agree to be bound by the terms of this Agreement.

1. DEFINITIONS

1.1 “HyperRing” refers to HyperRing, including its affiliates, officers, employees, agents, licensors, and suppliers. 

1.2 “Product” refers to the HyperRing, including all embedded hardware, NFC chips, and associated technology. 

1.3 “App” refers to the HyperRing Pay application, including all updates, patches, and related services provided by HyperRing. 

1.4 “User” refers to any individual who purchases, registers, or uses the Product or downloads or uses the App. 

2. ELIGIBILITY

2.1 The Product and App are intended for use by individuals who are at least eighteen (18) years of age and who possess the legal capacity to enter into binding agreements under applicable law. 

2.2 By using the Product or App, the User represents and warrants compliance with the eligibility requirements herein.

3. USE OF THE PRODUCT AND APP

3.1 Permitted Use: The Product and App may only be used for lawful purposes and in accordance with this Agreement. 

3.2 Setup: To activate payment functionality, the User must download the App, create an account, and follow the instructions to link a Visa or Mastercard to the Product. 3.3 Security: The User is responsible for maintaining the confidentiality of login credentials and ensuring secure access to the App. The User shall promptly notify HyperRing of any unauthorized access or security breach.

4. PAYMENT FUNCTIONALITY

4.1 NFC Payments: The Product utilizes Near-Field Communication (NFC) technology to enable contactless payments at participating merchants. 

4.2 Transaction Limits: Transactions exceeding applicable limits, as determined by the User’s financial institution or payment network, may require additional authentication. 

4.3 Third-Party Agreements: Use of the Product for payments is subject to the terms and conditions of the User's financial institution and applicable payment networks (e.g., Visa, Mastercard). 

4.4 Region-Specific Limitations: Payment functionality may be restricted to specific regions and supported financial institutions. Users should consult the App for the most up-to-date coverage information.

5. LOSS, THEFT, OR DAMAGE

5.1 Disabling the Product: In the event of loss or theft of the Product, the User must immediately disable its payment functionality through the App. HyperRing disclaims liability for any unauthorized transactions prior to such disablement. 

5.2 No Replacement Obligation: HyperRing is not obligated to replace lost, stolen, or damaged Products. Replacement terms, if applicable, are governed by the warranty policy in Section 7.

6. USER RESTRICTIONS

6.1 The User shall not: Modify, reverse-engineer, or disassemble the Product or App; Use the Product or App for unlawful or fraudulent purposes; Transfer, sublicense, or lease the Product or App without prior written consent from HyperRing. 

6.2 HyperRing reserves the right to suspend or terminate access to the Product or App for violations of this Agreement.

7. WARRANTY DISCLAIMER

7.1 The Product and App are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. 

7.2 HyperRing does not warrant that the Product or App will operate uninterrupted, error-free, or free of defects.

8. LIMITATION OF LIABILITY

8.1 To the maximum extent permitted by law, HyperRing shall not be liable for: 

  • Indirect, incidental, punitive, or consequential damages; 
  • Loss of data, revenue, or profits, arising from the use of or inability to use the Product or App; 
  • Unauthorized transactions due to User negligence or failure to secure credentials. 

8.2 In no event shall HyperRing's total aggregate liability exceed the purchase price of the Product.

9. DATA PROTECTION

9.1 Use of the App is subject to the HyperRing Privacy Policy, which outlines the collection, use, and protection of User data. 

9.2 HyperRing complies with applicable data protection laws and utilizes encryption and other safeguards to protect sensitive User information.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 This Agreement shall be governed by and construed in accordance with the federal laws of the United States and state laws of Delaware, without regard to conflict of law principles. 

10.2 Arbitration Clause: Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration conducted in the United States, in accordance with the rules of the US. 

10.3 Waiver of Class Actions: Users agree to resolve disputes on an individual basis and waive the right to participate in class or collective actions.

11. AMENDMENTS TO THE AGREEMENT

11.1 HyperRing reserves the right to amend this Agreement at its sole discretion. Material changes will be communicated to the User via email or the App. Continued use of the Product or App constitutes acceptance of the revised terms. 

12. TERMINATION

12.1 HyperRing may terminate this Agreement immediately if the User violates its terms or engages in unauthorized use of the Product or App. 

12.2 Upon termination, the User must cease all use of the Product and App and delete the App from all devices.