Terms of Service

Welcome to Hypafy, a product of Syncafy ("Syncafy", "we", "us", or "our"). By accessing or using the Hypafy platform at events.hypafy.com, our mobile applications, or any related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.

These Terms apply to all users of the Platform, including event organizers ("Organizers"), ticket purchasers and event attendees ("Attendees"), and visitors who browse the Platform without making a purchase ("Visitors").

You must be at least 13 years of age to use the Platform. If you are under 18, you represent that you have your parent or guardian's consent to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

You must notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account.

Hypafy provides a platform that enables Organizers to create events, sell tickets, and sell merchandise, and enables Attendees to discover events, purchase tickets, and purchase merchandise. Hypafy acts as an intermediary and is not the organizer of, or responsible for, any event listed on the Platform.

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice.

When you purchase a ticket through the Platform, you are entering into a transaction with the Organizer of that event. Hypafy facilitates the transaction but is not a party to the sale. All ticket sales are subject to availability.

Prices are set by Organizers and displayed in the applicable currency. A platform service fee may apply to each transaction. The total price, including any applicable fees and taxes, will be displayed before you complete your purchase.

Payment processing is handled by our third-party payment processor. By making a purchase, you agree to the payment processor's terms and conditions. We do not store your full credit card information on our servers.

Refund policies are set by each individual Organizer. Before purchasing a ticket, please review the event's refund policy as displayed on the event page. Hypafy does not guarantee refunds and is not responsible for an Organizer's refund decisions.

If an event is cancelled by the Organizer, the Organizer is responsible for issuing refunds to Attendees. Hypafy will make reasonable efforts to facilitate refunds in the event of a cancellation but does not guarantee refunds will be processed in any specific timeframe.

Hypafy's platform service fees are generally non-refundable unless the event is cancelled and a full refund is issued.

Organizers are solely responsible for the accuracy of their event listings, the quality and safety of their events, compliance with all applicable local, provincial/state, and federal laws, and the fulfillment of all promises made in their event descriptions.

Organizers must not list events that are fraudulent, deceptive, illegal, or that violate any third-party rights. Organizers are responsible for collecting and remitting any applicable taxes on ticket sales.

We reserve the right to remove any event listing that violates these Terms or that we believe, in our sole discretion, may harm the Platform or its users.

Tickets purchased through the Platform may only be shared or reassigned using the tools and permissions made available for that event. Resale of tickets at prices above face value is prohibited unless expressly permitted by the Organizer. Hypafy reserves the right to void tickets that are resold in violation of these Terms or the Organizer's policies.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law
• Create fraudulent events or ticket listings
• Use bots, scrapers, or automated tools to access the Platform
• Attempt to circumvent security features or access unauthorized areas
• Interfere with the proper functioning of the Platform
• Impersonate another person or entity
• Upload malicious code, viruses, or harmful content
• Harvest or collect user data without authorization
• Engage in scalping or unauthorized resale of tickets
• Use the Platform to send spam or unsolicited communications

The Platform, including its design, code, logos, trademarks, and content, is owned by Syncafy and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Platform or its content without our prior written consent.

Organizers retain ownership of the content they upload to the Platform (event descriptions, images, etc.) but grant Hypafy a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content in connection with the Platform and its promotion.

To the maximum extent permitted by law, Hypafy and Syncafy shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, including but not limited to:

• The cancellation, postponement, or alteration of any event
• The conduct of any Organizer or Attendee
• Personal injury or property damage at any event
• Loss of data or unauthorized access to your account
• Errors or interruptions in the Platform's service

Our total liability to you for any claim arising from or related to these Terms or the Platform shall not exceed the amount you paid to Hypafy (in platform fees) in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless Syncafy, Hypafy, and their officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.

Any dispute arising out of or relating to these Terms or the Platform shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to binding arbitration in accordance with the laws of the Province of Manitoba, Canada.

You agree that any claims shall be brought in your individual capacity and not as a plaintiff or class member in any class action or representative proceeding.

These Terms are governed by and construed in accordance with the laws of the Province of Manitoba, Canada, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts located in Manitoba, Canada, for any legal proceedings.

We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after changes are posted constitutes your acceptance of the modified Terms.

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property, limitation of liability, indemnification, and dispute resolution.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

If you have any questions about these Terms of Service, please contact us:

• Email: legal@syncafy.com
• Through our Contact page