1. Overview

Thank you for signing up for and using a HeyTap Account.
1.1 This Agreement is entered into by and between you and HEYTAP PTE. LTD. (registered in the Republic of Singapore under number 201915628R, with its registered office at 138 Market Street #15-03 Capitagreen, Singapore 048946) and its associated companies (“HeyTap”, “we”, “us”) and governs your sign-up and use of the HeyTap Account.
1.2 Please carefully read and fully understand the clauses of this Agreement, especially the limitation and exclusion of liability clauses, which are in bold for your special attention.
(A) If you are located in France, Germany, or Indonesia: By tapping “Agree”, completing your sign-up, and using a HeyTap Account (and tapping “Agree” and continuing to use the HeyTap Account 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 other related agreements mentioned in this Agreement.
(B) For all other users: By completing your sign-up and using a HeyTap Account, and continuing to use a HeyTap Account 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 other related agreements mentioned in this Agreement. Please carefully read this Agreement before using the Services. If you do not agree to this Agreement, you shall not use HeyTap Account, or if you are already a HeyTap Account user, you must stop using it.
1.3 If you have any questions about these terms, please contact us using the details set out below. We recommend that you print a copy of these terms for future reference.

2. About HeyTap Account and HeyTap Services

2.1 Our services include HeyTap Account. A HeyTap Account is an identifier used by us to identify a user’s identity. The HeyTap Account identifier is owned by us and you are only granted a right by us to use the HeyTap Account 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 After you create your HeyTap Account, you will be able to use it to access a range of products and services (such as HeyTap Cloud, App Market, Game Center, Theme Store, and Find My) available via HeyTap’s ecosystem, and in addition, you will be able to purchase virtual coins through your HeyTap Account so as to access various virtual products and services (such as games and themes) provided within HeyTap’s ecosystem. The products and services provided through HeyTap Account 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 Account 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 Account and access to various products and services may require (and may be affected by the lack of) compatible hardware and software, device models, operating system versions, internet connection, and other requirements. Your use of HeyTap Account 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 change the prices (and applicable taxes, as required by applicable law) from time to time. We will inform you of the price changes before they take effect. If you do not agree to the price changes, you have the right to stop using the products or services concerned. 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.
2.7 If you use your HeyTap Account to sign in to or use products and/or services that are provided in countries/regions outside your jurisdiction, you must comply with all applicable laws of the jurisdiction to which they belong, as well as the user agreements, community guidelines, and other potential rules and policies of the products and/or services.

3. User Actions

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 Account may be created for you by your legal guardian. If you are under the age of 13 and domiciled in the US, you are not eligible for a HeyTap Acount.
3.2 You guarantee that all information provided by you during account registration is authentic, accurate, legal, and valid, and is your own personal information. You shall update your information promptly in the event of any change to the information that you used for sign-up. If some of your HeyTap Account information cannot be verified because you have submitted inaccurate, incomplete, or false information, we will not be liable for any losses caused to you by the failure to use your HeyTap Account or any products or services. Without limiting anything in this clause, you must not impersonate another person or assume a false identity, and we reserve the right to reject, freeze, or deactivate any HeyTap Account that is suspected of impersonation or false identity.
3.3 Do not reveal your HeyTap Account and password to anyone else. You are responsible for maintaining the confidentiality and security of your HeyTap Account and password (for example, by regularly changing your password). In the event that your HeyTap Account password is lost or stolen or you find someone else is using your HeyTap Account without your consent, you must notify us as soon as possible using the contact details set out below, to mitigate any loss, avoid any potential violation of applicable laws and regulations, and recover your HeyTap Account ID and password.
3.4 You can use your HeyTap Account 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 engage in any of the following activities with your HeyTap Account:
(A) sign up for any HeyTap Account, use the services offered through your HeyTap Account, 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 Account or grant the usage of any HeyTap Account 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, content that is defamatory, content that others may find disturbing, and content that violates any applicable laws, regulations, and policies of any applicable jurisdiction, or set any username or display name containing any abovementioned information, or publish, convey or disseminate any advertising information, marketing information or spam, etc. via your HeyTap Account;
(D) infringe upon the legitimate rights of us or others, such as intellectual property rights, portrait rights, right to privacy, and right of reputation;
(E) engage in any activities that may compromise computer networks, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing public computer networks or other people’s computer systems without authorization 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 authorization, or other activities that may undermine cybersecurity; attempting to interfere with or damage the normal operation of software, systems or networks, and intentionally disseminating malicious programs or viruses, and other activities that may damage and disrupt normal network information services; forging TCP/IP data packet names or part of the names;
(F) engage in any activities that affect the fairness of our services or disrupt any other normal procedures of our products or services (for example, proactive or passive cheating to get reward points, colluding in cheating, use of unauthorized third-party plug-in services or other cheating software, exploiting bugs (also known as “vulnerabilities” or “flaws”) for illicit gains, or publicizing the abovementioned unauthorized third-party plug-ins, cheating software, or vulnerabilities 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, public order, or public morals, or which infringe upon the legitimate rights and interests of other individuals, companies, social groups, or organizations; 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 analyze or replicate the source code, structure, and concept of any of our products, services or software or circumvent or attempt to bypass any technical safeguards in or relating to our products, services or software.
3.5 We (or third-party advertisers) may contact you for marketing purposes and send you advertisements, promotions, or publicity information in accordance with our Privacy Notice.
3.6 You are responsible for all your activities on or through your HeyTap Account and any acts or omissions done on or through the products and services while signed in using your HeyTap Account, including unauthorized uses where you have contributed to or are responsible for such unauthorized use.

4. Privacy Notice

4.1 We respect and endeavor to protect your privacy. For specific measures regarding our protection of your personal information, please refer to our Privacy Notice.

5. Intellectual Property Rights

5.1 You warrant that you are the owner (right holder) or have obtained legal authorization for the information or content you publish or upload using your HeyTap Account and no such information or content will infringe upon 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 actions 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 intellectual property rights in relation to the design, logo, picture, layout, and any other form of content in relation to the webpage directing your registration of your HeyTap Account.

5. Intellectual Property Rights

5.1 You warrant that you are the owner (right holder) or have obtained legal authorization for the information or content you publish or upload using your HeyTap Account and no such information or content will infringe upon 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 actions 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 intellectual property rights in relation to the design, logo, picture, layout, and any other form of content in relation to the webpage directing your registration of your HeyTap Account.
5.3 Please refer to our Policy for Infringement Complaints at https://brand.heytap.com/en/legal.html.

6. Disclaimers and Limitations of Liability

6.1 The services delivered to you through a HeyTap Account should not be relied upon for any particular purpose. We make no warranties or guarantees as to the authenticity, accuracy, and completeness of information and content that you obtain through your HeyTap Account, including content uploaded by other people, advertisements, publicity, or any other information of other people that you obtain via your HeyTap Account (Third-Party Information). You acknowledge that all Third-Party Information is uploaded and provided by third parties and that we make no undertakings, warranties, or representations regarding any rights thereof and assume 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 risks that might arise in connection with such Third-Party Information. You might be exposed to offensive, improper, or objectionable information when using services via your HeyTap Account. 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 Account due to events beyond 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 attacks, and terrorism;
(B) interruption, 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, 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 the unlawful or improper use of your HeyTap Account or any breach of this Agreement by you.
6.3 Without limiting any other provisions in this Agreement and except for our gross negligence or wilful misconduct, we are not responsible for any losses arising from any unauthorized use of your HeyTap Account (including any losses, such as loss of virtual currency on your HeyTap Account), which may occur due to unauthorized access and use of your HeyTap Account caused by you or other reasons beyond our control (such as malicious programs and hacker attacks).
6.4 You use and access third-party products and services with your HeyTap Account at your own risk and you acknowledge that we do not control such third parties. Your use of third-party products and services with your HeyTap Account may be subject to additional terms of use imposed by the relevant third party. We are not a party to (and will not be liable whatsoever to either you or such third party in respect of) any disputes between you and such third party arising out of any such agreement or other arrangement between you and such third party. You agree that you will not bring any claim or action against us in relation to any dispute you may have with such third parties.
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 Account 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 Account for the month during which the loss or breach occurred (or up to US$10.00 if you have not paid any fees in respect of HeyTap Account for that month).
6.8 If we fail to comply with these terms, we are responsible for any 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 Account 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 willful misconduct or gross negligence, or any breach of the obligations implied by applicable consumer protection laws.
6.11 To the extent permitted by applicable law, different liability limitations and exclusion clauses may apply to the provision of certain other products or services to you.

7. Liabilities for Breach of Contract

7.1 If you violate this Agreement, we reserve the right to take necessary measures to promptly stop your violation or mitigate the risks that may arise from your violation. These measures include, but are not limited to, deleting any reported content uploaded by you, deleting or blocking any content published by you that violates laws, regulations, or this Agreement, suspending or deleting your HeyTap Account, or using your HeyTap Account to monitor your activities. Depending on the severity of your breach, your right to use your HeyTap Account may be subject to warnings, restrictions, prohibitions, suspension, cancellation, termination, or other limitations or consequences (as judged appropriate at our sole discretion). To the extent permitted by applicable law, all losses you may suffer (including but not limited to deletion of files, KoKo Coins, in-game items, and related data) 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, and third-party claims and penalties) that we may suffer in connection with your acts or omissions in using a HeyTap Account. 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 Account (even if you did not authorize 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 omissions we make (including disclosure of any information relating to you or your HeyTap Account) 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. Termination of Services

8.1 You understand and agree that we have the right to terminate the services (or any part of them) pertaining to your HeyTap Account 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 endeavor to promptly notify you about the suspension or termination of your HeyTap Account according to applicable law, including by general notice on our websites and platforms. We recommend that you pay close attention to our websites and platforms for any notices, promptly back up your information and any messages held or accessed via your HeyTap Account, and retrieve anything belonging to you (such as your virtual properties) held or accessed via your HeyTap Account 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 Account.
8.2 You remain liable to us for all amounts due to us from you in connection with your HeyTap Account up to and including the date of termination of your HeyTap Account, whatever the cause of such termination.
8.3 You may delete your HeyTap Account at any time after tapping “Sign-in & security”, and then “More help” in your HeyTap Account. If you delete your account, you will lose access to certain products and services provided by us, certain products and services provided by third parties, and all data that was accessed, stored, or otherwise used in connection with your HeyTap Account prior to termination. Deleting your HeyTap Account also deletes all data, assets, and products and services associated with your HeyTap Account. This action is irreversible. To the extent permitted by applicable law, any fees paid by you on your HeyTap Account prior to the termination are non-refundable (including prepaid subscription fees) 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 Account (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 Account 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. Dispute Resolution

9.1 This Agreement is governed by the laws of Singapore, 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 Account, 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 submitting a 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 competent national mediators.
9.4 We have subsidiaries and affiliated 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 to enter into a separate agreement with you.

10. Miscellaneous

10.1 Our Privacy Notice, and other of our agreements and policies pertaining to the HeyTap Account or related services of ours which are mentioned in this Agreement constitute integral parts of this Agreement. In the event of any inconsistency between the documents that comprise this Agreement, the following order of precedence will apply:
(A) the terms and conditions set out in this Agreement;
(B) the Privacy Notice;
(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 to have accepted any changes if you do not explicitly object within the period of two months. We will inform you of the change and 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 the event that the two-month period is not communicated to you, all changes shall come into force two months after the date on which you are notified of the changes, provided that you have not objected to the changes during the intervening period. If you object to the changes, you will be deemed to be terminating 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 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 Account 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 Account 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 commercialize 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. Contact Us

11.1 Please contact us using the details set out below if you have any questions or complaints relating to your HeyTap Account and the services accessible through it or this Agreement.
Email: devipr@heytap.com.
Last updated: September 2024