HAPIVITY TERMS OF SERVICE

Last Updated: February 22, 2026

Welcome to Hapivity. These Terms of Service (“Terms”) govern your access to and use of the Hapivity website, mobile applications, and related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms.

1. Company Information

The Service is operated by Hapivity Sdn. Bhd., a company incorporated in Malaysia.

Primary infrastructure and cloud hosting are located in Singapore.

2. Acceptance of Terms

By creating an account, joining a game, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms.

If you use the Service on behalf of an organization (“Company”), you represent and warrant that you have authority to bind that organization to these Terms.

3. Eligibility

You must:

• Be at least 18 years old; or

• Have appropriate parental or legal guardian consent where permitted by applicable law.

The Service is not directed to children under 13 (or lower age as required by local law).

4. Account Types

A. Guest Users

• Identified by device-generated UUID and self-selected player name.

• No email or personal identity is collected.

• Progress is tied to the device.

If the device is lost, deleted, or replaced, guest progress cannot be recovered unless the account was previously bound to an email.

B. Registered Users

• Provide an email address for authentication and account recovery.

• Email authentication is managed via secure third-party infrastructure.

C. Organization Roles

Company/Game Admins may create and manage games through the web-based Admin Panel.

5. Corporate Deployments & Data Roles

For organizational deployments:

• The Company acts as Data Controller for employee participation data.

• Hapivity acts as Data Processor when processing data on behalf of the Company.

• A separate Data Processing Agreement (DPA) may apply.

For individual direct users, Hapivity acts as Data Controller.

6. User Conduct

You agree not to:

• Manipulate or falsify activity data

• Attempt to reverse engineer or disrupt the Service

• Harass, abuse, or discriminate against others

• Use the platform for unlawful purposes

We reserve the right to suspend or terminate accounts for violations.

7. Health & Activity Disclaimer

Hapivity is a gamified engagement platform and is not:

• A medical device

• A healthcare provider

• A diagnostic or treatment service

The Service does not provide medical advice.

You are responsible for determining whether physical activity is appropriate for your health condition. You assume all risks associated with physical activity.

8. Intellectual Property

All software, content, designs, and branding associated with the Service are the exclusive property of Hapivity.

Unauthorized copying, distribution, or modification is prohibited.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall [Company Name], its affiliates, or its service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

2. Cap on Liability

The total aggregate liability of [Company Name] for any claims arising out of or relating to the use of the Service shall be limited to:

• For Paid Users: The total amount of fees paid by you to [Company Name] for the service during the twelve (12) months immediately preceding the event giving rise to the claim.

• For Free Trial Users: A maximum amount of USD $100.00 (or its equivalent in local currency).

3. Jurisdictional Carve-outs

Nothing in these Terms shall exclude or limit liability for:

• Death or personal injury caused by negligence.

• Fraud or fraudulent misrepresentation.

• Any other liability that cannot be excluded or limited under the laws of Malaysia or Singapore (including rights under the Malaysian Consumer Protection Act 1999, where applicable).

10. Indemnification

You agree to indemnify and hold harmless Hapivity from claims or damages arising from:

• Your misuse of the Service

• Violation of these Terms

• Physical activities performed in connection with the platform

11. Governing Law

These Terms are governed by the laws of Malaysia, unless mandatory local consumer protection laws require otherwise.

12. Changes to Terms

We may update these Terms periodically. Continued use of the Service constitutes acceptance of revised Terms.

For inquiries:
support@hapivity.com