Terms of Service
Last updated: October 16, 2025
Important: These terms apply to our marketing website. Our retail platform has separate terms of service that apply when you sign up for our SaaS services.
1. Acceptance of Terms
By accessing and using the HypeMalls website ("Service"), you accept and agree to be bound by the terms and provision of this agreement ("Terms"). If you do not agree to abide by the above, please do not use this service.
These Terms constitute a legally binding agreement between you and HypeMalls, Inc. ("Company", "we", "us", or "our") regarding your use of our website and services.
2. Description of Service
HypeMalls provides a marketing website that showcases our retail management platform, allows users to learn about our services, request demos, and contact our sales team.
The website includes information about our retail management software, pricing, features, and company information. It also provides contact forms and demo request functionality.
3. User Obligations and Conduct
By using our Service, you agree to:
- Provide accurate, current, and complete information when submitting forms
- Use the Service only for lawful purposes and in accordance with these Terms
- Not attempt to gain unauthorized access to our systems or networks
- Not engage in any activity that disrupts or interferes with the Service
- Not use automated scripts, bots, or other automated means to access the Service
- Not transmit any viruses, malware, or other harmful code
- Respect intellectual property rights of HypeMalls and third parties
Prohibited Uses
You may not use our Service:
- For any unlawful purpose or to solicit others to perform unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
4. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of HypeMalls, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as generally enabled by standard web browser functionality.
5. User Content and Communications
Our Service may allow you to submit content such as contact information, demo requests, and messages ("User Content"). You retain ownership of your User Content, but you grant us a license to use it as described in our Privacy Policy.
- You are solely responsible for your User Content
- You warrant that your User Content does not violate any third-party rights
- You agree not to submit content that is unlawful, defamatory, or harmful
- We reserve the right to remove any User Content that violates these Terms
6. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of your personal information. Our Privacy Policy is incorporated into these Terms by reference.
7. Third-Party Links and Services
Our Service may contain links to third-party web sites or services that are not owned or controlled by HypeMalls, Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
You acknowledge and agree that HypeMalls, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
8. Disclaimer of Warranties
The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents
- Excludes all liability for damages arising out of or in connection with your use of this website
- Does not warrant that the website will be available, uninterrupted, or error-free
- Makes no warranties regarding the accuracy, reliability, or completeness of content
9. Limitation of Liability
In no event shall HypeMalls, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
Our total liability to you for any claims arising from or relating to these Terms or your use of the Service shall not exceed the amount you paid us, if any, for accessing the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
10. Indemnification
You agree to defend, indemnify, and hold harmless HypeMalls, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service, or a breach of these Terms.
11. Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination.
12. Governing Law and Jurisdiction
These Terms shall be interpreted and governed by the laws of the jurisdiction in which HypeMalls, Inc. is incorporated, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
15. Contact Information
If you have any questions about these Terms of Service, please contact us: