Welcome to sign up and use HeyTap ID!
1.1 This agreement is entered into by and between you and BRAVO UNICORN PTE. LTD. (a company established in the Republic of Singapore with registration number 201915628R, and its registered office at 9 Raffles Place, #26-01 Republic Plaza, Singapore 048619) and its associated companies (Heytap, we, us) and governs your sign-up and use of the HeyTap ID.
1.2 Limitation and liability exemption clauses may be highlighted in bold for your special attention, without prejudicing your sole responsibility of having read and understood this entire agreement.
(A) If you are located in France, Germany or Indonesia: By clicking “Agree”, completing your sign-up and using a HeyTap ID (and clicking “Agree” and continuing to use the HeyTap ID after a change to any relevant terms), you confirm that you have carefully read, fully understood and consented to each provision of this agreement, particularly those provisions that restrict or exempt liabilities, and the above-listed related agreements.
(B) For all other users: By completing your sign-up and using a HeyTap ID, and continuing to use a HeyTap ID after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of this agreement, particularly those provisions that restrict or exempt liabilities, and the above-listed related agreements. You should read this agreement carefully and should not use the HeyTap ID (or should stop using the HeyTap ID if you have already started using it) if you do not agree.
1.3 If you have any questions about these terms or wish to discuss them, please contact us using the details set out below. We recommend that you print a copy of these terms for future reference.
2.1 Our services include the HeyTap ID. The HeyTap ID is an identifier used by us to identify a user’s identity. The HeyTap ID identifier is owned by us and you are only granted a right by us to use the HeyTap ID for the purposes set out in this document and subject to your continued compliance with all applicable laws and applicable contractual terms and conditions.
2.2 When you create your HeyTap ID, you will be able to use it to fully utilise a range of products and services (such as Cloud Service, APP Store, Game Centre, Themes Store and Find Your Phone) provided available via HeyTap’s ecosystem, and in addition you will be able to purchase virtual coins through your HeyTap ID account so as to access various virtual products and services (such as games and themes) provided via HeyTap’s ecosystem. The products and services provided through the HeyTap ID accounts may vary across different locations.
2.3 We might engage our third party partners to provide internet-based products and services independently under their own brands. Our partners allow you to use your HeyTap ID to access their products and services. Products and services provided by our partners remain subject to their own terms and conditions, may vary in different regions, and shall be provided by our partners in the form and content at their sole discretion.
2.4 Your use of HeyTap ID and access to various products and services may require (and be affected by lack of) compatible hardware and software, device model, operating system versions, internet connection and other requirements. Your use of HeyTap ID may also vary depending on applicable laws in your jurisdiction.
2.5 Some of our products and services may require payment from you. You acknowledge and agree that we reserve the right to charge for such products and services and to adjust the prices (and applicable taxes, as required by applicable law) from time to time. We will give you an opportunity to review these changes before they go into effect. You may elect not to continue to receive certain products and services if you disagree with such price changes. These charges are in addition to any other charges and fees that third parties may impose.
2.6 We may subcontract any part of our services to our chosen service providers or another one of our subsidiaries or affiliated legal entities at our sole discretion.
3.1 You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your country. If you do not meet the above requirement, a HeyTap ID may be created for you by your legal guardian with the function. In addition, if you are under the age of 13 and located in the United States, you are not permitted to have a HeyTap ID.
3.2 You warrant that all the information you submit at the time of registration is genuine, accurate, lawful, valid and belongs to you. You shall update your information promptly in the event of any change to your sign-up information subsequent to your signing up for a HeyTap ID. We will not be responsible for any loss suffered from you being unable to use your HeyTap ID or any product or service dependent on you having certain verified details on your HeyTap ID which is caused by you providing incorrect, incomplete, or false information to us. Without limiting anything in this clause, you must not impersonate or misrepresent yourself as another person and we reserve the right to reject, block or deactivate a HeyTap ID which is suspected to be an impersonation, misrepresentation or misappropriation of another person’s name or identity.
3.3 Do not reveal your HeyTap ID and log-in credentials to anyone else. You are responsible for maintaining the confidentiality and security of your HeyTap ID and password (for example, by regularly changing your password). In the event that your HeyTap ID credentials are lost, stolen or you find someone else using your HeyTap ID without your consent, you must notify us as soon as possible using the details set out below, to mitigate any loss, avoid any potential violation of applicable laws and regulations and to retrieve your HeyTap ID and password.
3.4 You can use your HeyTap ID within the scope set out in this agreement and as permitted by the relevant agreements of our third party partners. You agree that you will not commit any of the following actions with your HeyTap ID:
(A) sign up for any HeyTap ID, use the services offered through your HeyTap ID, or take any action in relation to these services with malicious intent (for example, in order to misguide or deceive others);
(B) present as a gift, lend, lease, transfer or sell any HeyTap ID or grant the usage of any HeyTap ID to anybody else who is not an initial applicant thereof;
(C) publish, convey, disseminate or store any information that endangers national security, national unity, social stability, or otherwise contains information that may be illegal or offensive, for example, slander, pornography, violence, contents that are defamatory or that may cause unrest to others or violate any applicable laws, regulations and policies of any applicable jurisdiction, or set any username or character name containing the abovementioned information, or publish, convey or disseminate any advertising information, marketing information or spam, etc. via your HeyTap ID;
(D) infringe the legitimate rights of us or others, such as intellectual property rights, portrait rights, right to privacy and right of reputation;
(E) commit any activities that are harmful to computer cybersecurity, including but not limited to: using unauthorised data or accessing unauthorised servers/accounts; accessing public computer network or other people’s computer system without authorisation and deleting, modifying or adding to the information stored therein; attempting to check, scan or test the vulnerability of our software, systems or networks without authorisation, or other acts that may damage cybersecurity; attempting to interfere with or damage the normal operation of software, systems or networks, and intentionally disseminating malicious programs or viruses, and other acts that may damage and disturb normal network information services; forging TCP/IP data packet names or part of the names;
(F) engage in any activities that impair the fairness in our service provision or disrupt any other normal procedures of our products or services (for example, proactive or passive score cheating, cooperative cheating, use of unauthorised third-party tag-on services or other cheating software, gaining of unjustifiable and illegal interests by utilising bugs (also termed “loopholes” or “defects”) or publicising the abovementioned unauthorised third-party plug-ins, cheating software or bugs online or by any other means);
(G) engage in any commercial activities such as advertising or selling goods, or engage in any illegal activities that might impair our interests;
(H) engage in other activities that are prohibited by applicable laws, regulations, policies or in violation of public order, good customs and social morality as well as those actions infringing the legitimate rights and interests of any other individuals, companies, social groups and organisations; or
(I) without limiting sub-clause (D) above, copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, and other acts that analyse or replicate the source code, structure and concept of any of our products, services or software or circumvent or attempt to bypass any technological protection measures in or relating to our products, services or software.
3.6 You are responsible for all your activities on or through your HeyTap ID and any acts or omissions done on or through the products and services while logged in using your HeyTap ID, including unauthorised uses where you have contributed to or are responsible for such unauthorised use.
5.1 You warrant that you are the owner (right holder) or have obtained legal authorisation for the information or content you publish or upload using your HeyTap ID and no such information or content will infringe the legitimate rights or interests of any third party. In the event that any third party raises any objection to the abovementioned information or content, we reserve the right to delete the relevant information or content and the right to take corresponding legal action against you. To the extent permitted by applicable law, you shall pay full compensation for any losses thus caused to us or any third party.
5.2 We reserve all the intellectual property rights in relation to the design, logo, picture, layout and any other form of contents in relation to the webpage directing your registration of your HeyTap ID account.
5.3 Please refer to our Policy for Infringement Compliant here [please insert the link].
6.1 The services accessible through the HeyTap ID should not be relied upon for any specific purpose. We do not guarantee the genuineness, accuracy and integrity of any information, content accessible through the HeyTap ID, including content uploaded by other people, advertisements, publicity or any other information of other people that you obtain via your HeyTap ID (Third Party Information). You acknowledge that all Third Party Information is uploaded and provided by third parties and we make no undertakings, warranties or representations regarding any rights thereof and assumes no responsibility for any consequences resulting from your use of such Third Party Information. You use such Third Party Information at your own risk and must judge the authenticity thereof by yourself and take precautions against any possible risk that might arise in connection with such Third Party Information. You might be exposed to some offensive, improper or objectionable information when receiving services via your HeyTap ID. To the maximum extent permitted by law, we will not be liable for such information. We are not liable for any direct, indirect, collateral, derivative or other losses and liabilities for any transaction or action in which we are not a direct party. If you wish to complain about content uploaded by other users, please contact us using the details set out below.
6.2 You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not have any liability or responsibility for any direct, indirect, collateral, derivative or other losses and liabilities (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using your HeyTap ID that arise in connection with events out of our control, including under the following circumstances:
(A) malfunction of or inability to operate your device, any services or any connected system normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
(B) interruption or delay or malfunction of or inability to operate your device, any services or any connected system caused by computer viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;
(C) interruption, termination or delay or malfunction of or inability to operate your device, any services or any connected system caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
(D) interruption or delay or malfunction of or inability to operate your device, any services or any connected system due to internet connectivity issues; or
(E) losses or liabilities you may suffer due to your unlawful or improper use of your HeyTap ID or any breach of this agreement by you.
6.3 Without limiting anything else in this agreement and except for our gross negligence or wilful misconduct, we are not responsible for any losses arising from any unauthorised use of your HeyTap ID (including any losses, such as loss of virtual currency on your HeyTap ID account) which may occur due to unauthorised access and use of your HeyTap ID caused by you or other reasons beyond our control (such as malicious programs and hacker attacks).
6.5 To the extent permitted by applicable law, all warranties of any kind, either express or implied, are hereby expressly excluded, including, but not limited to, any warranties as to ownership or quality of material, or fitness for a particular purpose. Our services are provided “as is” and “as available” and we make no guarantees that they will be error-free, accurate, uninterrupted, timely or secure.
6.6 To the extent permitted by applicable law and subject to clauses 6.8 and 6.10 below, in the event that we incur any liability in connection with this agreement or the operation of HeyTap ID and such liability is not otherwise limited or excluded by the terms of this agreement, our liability will be limited to reasonably foreseeable damages.
6.7 Subject to clauses 6.8 and 6.10 below, our overall and aggregate liability to you will be limited to an amount equal to your fee in respect of HeyTap ID for the month during which the loss or breach occurred (or up to US$10.00 if HeyTap ID is free).
6.8 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
6.9 To the extent permitted by applicable law, your HeyTap ID and the services accessible through it are for domestic and private use and we will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.
6.10 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, liability for damages caused by wilful misconduct or gross negligence, or any breach of the obligations implied by applicable consumer protection laws.
7.1 In the event that you are in breach of this agreement, we have the right to take necessary measures to promptly stop the occurrence of your breach or to mitigate the risks that may result from your breach. The necessary measures mentioned above include but are not limited to, deletion of any content uploaded by you that is the subject of a complaint, suspension or deletion of your HeyTap ID, screening of your activity using your HeyTap ID. Depending on the severity of your breach, your right to use your HeyTap ID may be subject to warnings, restrictions, prohibitions, suspension, cancellation, termination or other limitations or consequences (as judged appropriate in our sole discretion). To the extent permitted by applicable law, all losses you may suffer (including but not limited to removal of files, Kecoins, game tools, related data and others alike) arising therefrom and as a result of your breach shall be borne entirely by yourself and we will not be liable to compensate you in any way.
7.2 You indemnify us against any direct, indirect, collateral, derivative or other losses and liabilities (including but not limited to losses in property, revenue, data files, loss in reputation, third-party claims and penalties) that we may suffer in connection with your acts or omissions in using a HeyTap ID. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of the use or misuse of your HeyTap ID (even if you did not authorise that use or misuse).
7.3 To the extent you have a lawful basis for making any claim against us in relation to this agreement, our services or any software or services related to our services (including for alleged breach by us of this agreement), you agree that your exclusive remedy is limited to recovering from us direct losses you suffer. We will not be liable to you for any loss or damage that is indirect, consequential, special, incidental or punitive. This limitation of liability applies to the maximum extent permitted by applicable law.
7.4 We are not liable to you for:
(A) any acts or omissions we make in accordance with any requests made by you; or
(B) any acts or omission we make (including disclosure of any information relating to you or your HeyTap ID) where such act or omission is required or permitted by applicable law or regulations, orders, rulings or requests of judicial, administrative, and other authorities.
8.1 You understand and agree that we have the right to terminate the services (or any part of them) pertaining to your HeyTap ID temporarily or permanently based on our operational policies and subject to the applicable laws at any time, or for any of the reasons set out in clause 7 above. We will endeavour to promptly notify you about the suspension or termination of your HeyTap ID according to applicable law, including by general notice on our websites and platforms, and we recommend that you pay close attention to our websites and platforms for any notices, promptly backup your information and any messages held or accessed via your HeyTap ID and retrieve anything belonging to you (such as your virtual properties) held or accessed via your HeyTap ID as necessary. We will not be liable to you to the extent you fail to take necessary measures to protect your information and properties held or accessed via your HeyTap ID.
8.2 You remain liable to us for all amounts due to us from you in connection with your HeyTap ID up to and including the date of termination of your HeyTap ID, whatever the cause of such termination.
8.3 You may delete your HeyTap ID at any time after clicking “log in and safety”, and then “more help” in your HeyTap ID account. If you do so, you will not have access to some of our products and services or to some of the products and services and you will lose access to certain services and all data that were accessed, stored or otherwise used in connection with your HeyTap ID prior to termination. This may include deletion of your HeyTap ID and all data, property and products and services associated with your HeyTap ID account. This action may not be reversible. To the extent permitted by applicable law, any fees paid by you on your HeyTap ID prior to termination are also non-refundable (including any paid in advance for subscriptions) if you choose to terminate for your own convenience. Termination for your own convenience will not relieve you of the liability to pay any accrued obligations you owe to us (including payment of any fees or charges due to us) prior to termination.
8.4 We may also terminate or suspend your HeyTap ID (at our sole discretion) in the following circumstances (without liability whatsoever to you):
(A) any breach by you of this agreement or any other terms and conditions relating to our services which are mentioned in this agreement;
(B) if required by applicable law, regulation or government action or if requested by law enforcement, a judicial body or other government agency;
(C) due to technical or security issues or problems beyond our control;
(D) any unlawful or fraudulent activity on your behalf;
(E) if we decide to discontinue HeyTap ID or replace it with an alternative service; and/or
(F) for any other reason with 30 days’ prior notice subject to the applicable law.
8.5 Unless otherwise specified in this Agreement, termination will not affect rights, obligations and liabilities accrued before the date of termination.
9.1 This agreement is governed by the laws of the People’s Republic of China (excluding the laws of Hong Kong SAR, Macao SAR and Taiwan), except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.
9.2 To the extent permitted by applicable law, you and we will first turn to amicable negotiations to resolve any dispute or issue in relation to your HeyTap ID, the services accessible from it or this agreement. In the event that we cannot resolve the dispute or issue within 30 days from the date when such dispute has first been raised by one of us, either party will have the right to submit the dispute (which may be contractual or non-contractual) to the courts of Singapore as the exclusive dispute resolution venue, with the only exception that if the mandatory law and courts in your country provide you with an inalienable right for consideration of the dispute in your local jurisdiction and venue or will not permit you to consent to the jurisdiction and venue of Singapore or if the courts in your country consider this as being unfair, then the courts of your usual place of residence will apply to such disputes related to this agreement. This does not affect your right to start proceedings to protect your legal position.
9.3 If you are a citizen of any European Union country, after prior written request to HeyTap, you may also submit any claims on the dispute resolution platform put online by the European Commission at the following address: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en. The European Commission will transfer your claim to the notified competent national mediators.
9.4 We have subsidiaries and affiliates legal entities around the world who may be providing services to you on our behalf or in their own right. You agree that such affiliates are entitled to provide services to you under the same terms of this agreement without the need of entering into a separate agreement with you.
(A)the terms and conditions set out in this Agreement;
(C)any other documents or policies incorporated by reference.
10.2 We reserve the right to revise this Agreement or any of the terms incorporated by reference from time to time as and when necessary (subject to the terms set out in those agreements and applicable law). You are recommended to regularly check our websites and platforms for the latest versions of these agreements.
If you are located in Germany: We will also inform you of such changes by email and provide you with a period of two months to object against the changed terms in writing or by email. You are deemed as to have accepted any changes if you do not explicitly object within the period of two months. We will inform you with the information together with the changes about the consequences of not objecting in writing during the period as per the preceding sentence. Changes to this Agreement will apply from the time specified in the information about the changes. In case this is not communicated, any change will apply from the point in time of information about the changes and the lapse of the period of two months without you objecting to the changes. If you object to the changes, you will be deemed as to terminate this Agreement.
10.3 Headings used in this Agreement are for convenience and ease of navigating this Agreement and shall not be used as any basis on which the meaning of the Agreement shall be interpreted.
10.4 If any term of this Agreement is found to be invalid or unenforceable, whatever is the cause, the validity of the remaining terms shall not be affected and they shall continue to be legally binding to you and us.
10.5 You must comply with any and all applicable domestic and international export laws and restrictions, including any restrictions on destinations, end users and end use. We reserve the right to suspend, restrict or terminate your access to the HeyTap ID or any part of them for the purpose of complying with any such export laws and restrictions.
10.6 To the extent that you provide any feedback, suggestions, improvements or other ideas to us (whether in connection with the HeyTap ID or otherwise), you do so without charge and we accept such feedback, suggestions, improvements or other ideas without any obligation to compensate you for them in any way. You acknowledge that we may use such feedback, suggestions, improvements or other ideas (including to create new products or otherwise exploit or commercialise them) in any way and for any purpose at our discretion.
10.7 The United Nations Convention on the International Sale of Goods is specifically excluded from application to this Agreement.
11.1 Please contact us using the details set out below if you have any questions or complaints relating to your HeyTap ID, the services accessible through it or this agreement. Email support: devipr@HeyTap.com.
Last update: July 2019