Terms & Conditions

Welcome to Hyperzod!

Hyperzod Is owned and operated by Hyperzod Technologies PVT LTD.

These are the terms and conditions for:

https://www.hyperzod.com

By accessing and using the services, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these Terms, then you may not use our platform and services. In these “terms”, “we”, “us”, “our” and ” Hyperzod” refers to Hyperzod and “you” and “your” refers to you, the user of our platform.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.

  1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Hyperzod. By using Hyperzod, you agree to be bound by this Agreement. If you do not accept the terms of this agreement, you should leave Hyperzod platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Hyperzod. You agree to be bound by any modification to this Agreement when you use Hyperzod after any such modification is posted; it is therefore important that you review this Agreement regularly. Hyperzod may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Platform is revoked in such

  1. ELIGIBLITY

You may use the platform and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.

By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

  1. HYPERZOD

Hyperzod is a product delivery software. Online product delivery is an interaction of 4 parties — customers who order products, merchants who sell the products, delivery agents who physically deliver the order from the merchants to the customer, and the software which facilitates this entire process while ensuring a smooth experience. Hyperzod makes sure this process is done seamlessly.

How was Hyperzod built? We built a product delivery software and successfully ran a food delivery company. We faced problems. We found solutions and incorporated them in the software. The cycle was repeated for 4 years. Our software is a result of those experiences.

Hyperzod is built on top of a reputed food delivery company. The company had a first mover advantage since the existing food delivery platforms were either dormant or had ceased their operations in the city. Owing to its constantly evolving software, the company grew despite the competition from other billion dollar companies which later entered the city such as Swiggy, UberEats, and Zomato.

To make the software even more powerful, Hyperzod was built from scratch using the latest technologies and a new philosophy which focuses on modularity. This enabled us to revisit every nook and corner of the software and further improve the software.

Hyperzod offers the following services and products through paid subscriptions:

  • Customer website
  • Customer app
  • Driver app
  • Merchant app
  • Admin panel
  • Autozod

For more information about our services and products, please contact us through our contact page or our contact information, our support team will be attentive and available to respond to your requests and concerns.

  1. ACCOUNT

If you register on Hyperzod, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Hyperzod of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Hyperzod. Hyperzod will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Hyperzod with your email address, you consent to our use of such email address to send you notices regarding the service. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive these emails, you can opt-out by sending us your request via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.

The users may terminate their accounts any time, for any reason, by following the instructions on Hyperzod. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Hyperzod.

Hyperzod reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Hyperzod believes that you have breached any of these terms, furnished Hyperzod with false or misleading information, or interfered with use of the platform or the service by others.

  1. SUBSCRIPTIONS

Subscriptions include a one-time setup fee which must be paid at the initiation of the subscription and a monthly recurring charge.

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By placing a subscription order, you represent and agree to purchase the subscription for the advertised price in accordance with the features offered on the website. Please check the price and features of the subscription, before completing the payment process and initiating the subscription.

When a user places a subscription order, Hyperzod will send an email to confirm that the order has been received. This email confirmation will automatically occur so that the user has confirmation of the subscription details. The subscription will be active for a period of 30 days or one year depending on the subscription chosen by the user and will show the next billing date.

Hyperzod may cancel any sale and not supply subscriptions if it is reasonable to do so and may change or discontinue availability of subscriptions at any time in its sole discretion. If an order is cancelled, any payment made for the subscription will be refunded in full. This does not affect your statutory rights.

Subscriptions include automatic recurring payments. You authorize Hyperzod to renew your subscription and be charged periodically and progressively each month on the billing date. The billing date is the date you make the first payment and initiate the subscription. Your account will be automatically charged on the subscription billing date with all applicable fees for the next subscription period. The subscription will continue until you cancel the subscription or we terminate it. You must cancel the subscription before it renews to avoid being charged on the next applicable billing date. We will bill the periodic subscription fee to the payment method you provide during registration and the applicable charge will be automatically charged to your credit card, debit card or bank account.

Subscriptions will automatically renew for an additional period unless you cancel your subscription before the next billing date. Cancelled subscriptions will immediately lose access to payment features and access to the platform will be suspended.

  1. PAYMENTS

Subscriptions will be paid through “PayPal”, “Stripe” and “PayU” (Payment platform available at Hyperzod).

When a user makes a purchase of a subscription, Hyperzod will send an email to confirm the purchase. This confirmation email will be produced automatically so that the user has the confirmation of the purchase.

The payment will be charged to the credit/debit card or PayPal account immediately after the payment of the corresponding subscription is made. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide.

Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of subscriptions. Hyperzod reserves the right to contract any payment platform available in the market, which treats your data with the only purpose of processing the purchase of subscriptions.

  1. SOFTWARE USE LICENSES

Hyperzod provides the license for use only. Hyperzod gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Hyperzod as part of the services as soon as you signup on Hyperzod portal for qualifying product. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Hyperzod, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the software and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of Hyperzod or third parties.

Hyperzod reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Hyperzod believes that you have violated any of these terms or interfered with the use of the platform or service by others.

  1. SOFTWARE DISCLAIMER

Hyperzod will not accept any liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of the software offered by Hyperzod. By using the services and using the software provided by Hyperzod, you accept personal responsibility for the results of your actions in using such software. You agree to assume full responsibility for any damage or harm you suffer as a result of the use, or lack of use, of the software provided by Hyperzod and the services available from Hyperzod. The correct use of the software provided by Hyperzod is at your own risk and responsibility. Hyperzod does not accept claims from third parties for the use or misuse of the software by our clients.

  1. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

  1. INTELLECTUAL PROPERTY OF THE SOFTWARE

The intellectual property and all copyrights pertaining to the software offered on this platform and provided as part of the services, belong to Gera Spauda MB. Gera Spauda MB assigns to the user all rights, title and interest in the software, solely for personal use. The right to exploit the product and the commercial license are not included and can only be granted with the permission of Gera Spauda MB. Unauthorized use of the software or the available content of the software without the respective commercial licenses may cause a violation of copyright and result in a lawsuit, as provided by the copyright laws.

  1. COPYRIGHT

All materials on Hyperzod, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Hyperzod or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Hyperzod are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Hyperzod prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Hyperzod or any part of the material for any purpose other than its intended purposes is strictly prohibited.

  1. COPYRIGHT COMPLAINTS

Hyperzod respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Hyperzod application infringe upon your copyright or other intellectual property right, please send the following information to:

    • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
    • A statement specifically identifying the location of the infringing material, with enough detail that Hyperzod may find it on the Hyperzod Site.  Please note: it is not sufficient to merely provide a top-level URL.
    • Your name, address, telephone number and e-mail address.
    • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
    • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
  1. ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the application and website is accurate, complete or updated. The content of this application and website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this platform is at your own risk.

  1. PROHIBITED ACTIVITIES

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to  Hyperzod or licensed to the Hyperzod by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. Additionally, you agree not to:

    • Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Hyperzod;
    • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
    • Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
    • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    • Deep-link to any portion of the services for any purpose without our express written permission;
    • “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
    • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Hyperzod in connection with the services;
    • Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or
    • Download any content unless it’s expressly made available for download by Hyperzod.
  1. DISCLAIMER OF WARRANTIES

Hyperzod will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet “Hyperzod” provides and maintains the application and website on an “as is”, “as available” basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our application may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse Hyperzod for any loss or damage caused as a result.

Hyperzod will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Hyperzod excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Hyperzod and Hyperzod shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

    • Any incorrect or inaccurate information on Hyperzod;
    • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platformor any product or service purchased through the platform;
    • Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
    • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
    • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the platform, or from transmissions via emails or attachments received from Hyperzod;
    • All representations, warranties, conditions and other terms which but for this notice would have effect.
  1. MAINTENANCE AND SUPPORT

    During the term of this Maintenance Agreement, Licensor(Hyperzod) will maintain the Covered Software by providing to Licensee(Customer) any and all software updates and enhancements to the Covered Software (“Updates”) offered by Licensor under maintenance. All Updates provided to Licensee by Licensor pursuant to the terms of this Maintenance Agreement shall be subject to the terms and conditions of the Software License Agreement. Updates will be provided when available and include bug fixes, security updates, new features, enhancements to existing features, and/or performance enhancements to existing features.

    Updates do not include product extensions to different hardware platforms, different operating system platforms, or different database platforms. Updates also do not include new applications, new third-party tools, new functionality being sold to new Licensees as separate modules, or add-on modules or custom software (whether created by Licensor, Licensee, or a third party).

    Updates will be installed by Licensor’s staff or automated processes. Updates will be scheduled to minimize disruption to Licensee’s end users. All updates will be installed within 30 days of public release. Neither Licensor nor Licensee shall unreasonably delay installation. Updates to related documentation will be provided in electronic form.

    Licensor will provide Support and Maintenance services for previous releases for a period of one year. Licensor shall have no further responsibility for supporting and maintaining prior releases.

    Licensor assumes no responsibility for the operation or performance of any add-on modules, custom software, or integrated applications, whether created by Licensor, Licensee, or a third party.

    During the term of this agreement, Hyperzod will provide the Customer with copyrighted patches, updates, releases and new versions of the Software along with other generally available technical material. These maintenance materials including the Software may not be used to increase the licensed number of versions or copies of the Software. The Customer agrees not to use or transfer the prior version but to destroy or archive the prior version of the Software.

    All patches, updates, release and new versions shall be subject to the license agreement related to the Software.

    Hyperzod will undertake all reasonable efforts to provide technical assistance under this agreement and to rectify or provide solutions to problems where the Software does not function as described in the Software documentation via suitable channel notably E-mail, chat or remote screen share tools in generally 24-48 hours or more depending on severity, but Hyperzod does not guarantee that the problems will be solved or that any item will be error-free. This agreement is only applicable to Hyperzod Software running under the certified environments specified in the release notes for that product. Hyperzod will provide the Customer with substantially the same level of service throughout the term of this agreement. Hyperzod may from time to time, however, discontinue Software products or versions and stop supporting Software products or versions one year after discontinuance, or otherwise discontinue any support service. THE FOLLOWING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS OR PROMISES TO CUSTOMER OR ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE. EXCEPT AS PROVIDED ABOVE, THE SERVICES AND MAINTENANCE ARE PROVIDES ‘AS IS’. Hyperzod is not liable for incidental, special or consequential damages for any reason (including loss of data or other business or property damage), even if foreseeable or if Customer has advised of such a claim. Hyperzod’s liability shall not exceed the fees that Customer has paid under this agreement.

    Customer agrees that the pricing for the services would be substantially higher but for these limitations.

  2. THIRD PARTIES

Hyperzod contains content of third-party licensors to Hyperzod, which is protected by copyright, trademark, patent, trade secret and other laws. Hyperzod owns and retains all rights, title and interest in the Content. Hyperzod hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the content and any third party Content located on or available through Hyperzod or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Hyperzod and using the Service.

Any dealings with third parties included within or on Hyperzod involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Hyperzod is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Hyperzod does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Hyperzod or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Hyperzod is provided to you for informational purposes only. Hyperzod encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Hyperzod works to ensure the information on Hyperzod is current and accurate.

  1. NON-COMMERCIAL USE

The services and use of the application may not be used in connection with any commercial purposes, except as specifically approved by Hyperzod. Unauthorized framing of or linking to any of Hyperzod is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.

  1. SECURITY COMPONENTS

You understand that Hyperzod and software embodied within Hyperzod may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Hyperzod and/or content providers who provide content to Hyperzod platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Hyperzod.

  1. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Hyperzod for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

  1. INDEMNIFICATION

You agree to defend and indemnify Hyperzod from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

    • Your breach of this Agreement or the documents referenced herein.
    • Your violation of any law or the rights of a third party.
    • Your use of the Hyperzod platform and services.
  1. CHANGES AND TERMINATION

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

  1. PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

  1. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hyperzod without restriction.

  1. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by Hyperzod, shall constitute the entire agreement between you and Hyperzod concerning and governs your use of the application and website.

  1. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Hyperzod platform, will be settled by binding arbitration between you and  Hyperzod, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

  1. HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

  1. DATA PROTECTION
    Hyperzod shall implement appropriate safeguards to prevent unauthorized access to, use of, or disclosure of the Protected Information.
    Strong encryption is used for sensitive data like customer password, payment details like credit/debit cards.
    A copy of all order related data is stored in licensees firebase account as well to further enhance data protection. 
    Hyperzod however may access data anytime to work across the system & to resolve issues if any which require observing data.
  2. CONTACT US
    If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:
    support@hyperzod.com
  3. FINAL PROVISIONS

These terms are governed by the law of the Republic of India. Use of our platform and website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our application or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

   30. YOUR RESPONSIBILITIES

  1. You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your Hyperzod Store.
  2. You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your Hyperzod Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Hyperzod will not be the seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Services.
  3. You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
  4. You may not use the Hyperzod Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.

     31. YOUR MATERIALS

  1. We do not claim ownership of the materials you provide to Hyperzod; however, we do require a license to those Materials. You grant Hyperzod a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of Hyperzod and agree that this waiver may be invoked by anyone who obtains rights in the materials through Hyperzod, including anyone to whom Hyperzod may transfer or grant (including by way of license or sublicense) any rights in the Materials.
  2. If you owned the Materials before providing them to Hyperzod then, despite uploading them to your Hyperzod Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Hyperzod Store at any time by deleting your Account. Removing your Hyperzod Store does not terminate any rights or licenses granted to the Materials that Hyperzod requires to exercise any rights or perform any obligations that arose during the Term.
  3. You agree that Hyperzod can, at any time, review and delete any or all of the Materials submitted to the Services, although Hyperzod is not obligated to do so.
  4. You grant Hyperzod a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Hyperzod requires the license to exercise any rights or perform any obligations that arose during the Term.

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