HAPIVITY TERMS OF SERVICE

Welcome to Hapivity. These Terms of Service (“Terms”) govern your access to and use of the Hapivity website, the admin portal (play.hapivity.com), our mobile applications, and related gamification services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Company Information

The Service is operated by Hapivity Sdn. Bhd., a company incorporated in Malaysia. Our primary technical infrastructure and cloud hosting are located in Singapore.

2. Eligibility & Consent

• Age: You must be at least 18 years old to create an account. If you are under 18, you must have the consent of a parent or legal guardian.

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

3. Account Types & Responsibilities

• Guest Users: Identified by a device UUID. Progress is stored locally. If you delete the app or lose your device, Guest progress cannot be recovered.

• Registered Users: Authentication is managed via email. You are responsible for maintaining the confidentiality of your login credentials.

• Organization Admins: Admins using play.hapivity.com are responsible for the accuracy of the player lists they upload and the management of their specific "Challenges" or "Games."

4. Service Availability & Free Trials

• "As-Is" Basis: During our launch and trial phases, the Service is provided "as-is." We may modify, suspend, or discontinue features at any time without notice.

• Trial Period: For free trial users, Hapivity reserves the right to terminate access or limit features once the trial period expires or the user-cap is reached.

5. Proper Use & "Fair Play"

To maintain a fair competitive environment, you agree not to:

• Cheat: Falsify or manually manipulate activity data (e.g., shaking a device to simulate steps).

• Disrupt: Attempt to reverse engineer the app or the admin portal.

• Abuse: Use the leaderboard or team chat features to harass or discriminate against other players.

• Scrape: Use automated systems to extract data from play.hapivity.com.

6. Health & Physical Activity Disclaimer

IMPORTANT: PLEASE READ CAREFULLY.

• Not Medical Advice: Hapivity is a gamification tool, not a medical device. We do not provide health diagnostics, medical advice, or treatment plans.

• Assumption of Risk: You are responsible for ensuring you are physically fit to participate in challenges. Always consult a physician before starting a new physical activity routine.

• Liability: Hapivity is not responsible for any injuries, health complications, or accidents resulting from your participation in physical activities tracked by the app.

7. Data Roles (B2B vs B2C)

• B2B: When an employer signs up for a game, the Employer is the Data Controller. Hapivity is the Data Processor. Use of the data is governed by the agreement between Hapivity and your Employer.

• B2C: If you use the app independently, Hapivity is the Data Controller.

8. Limitation of Liability

To the maximum extent permitted by the Malaysian Consumer Protection Act 1999 and other applicable laws:

• No Indirect Damages: Hapivity shall not be liable for indirect, incidental, or consequential damages.

• Liability Cap: * For Paid Users: Limited to the fees paid by you in the 12 months prior to the claim.

  • For Free/Trial Users: Limited to a maximum of MYR 450.00 (approx. USD $100.00).

• Exceptions: Nothing in these terms limits liability for death or personal injury caused by our gross negligence, or for fraud.

9. Intellectual Property

All software, "XP" calculation logic, UI/UX designs, and the Hapivity brand are the exclusive property of Hapivity Sdn. Bhd. We grant you a limited, non-transferable license to use the app for personal or approved corporate purposes.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of Malaysia. Any disputes shall be subject to the exclusive jurisdiction of the courts in Malaysia.

11. Termination

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, for any breach of these Terms.

12. Contact

For questions regarding these Terms, please contact:
Hapivity Sdn. Bhd. Email: support@hapivity.com Website: www.hapivity.com