This is a binding agreement between you and HYPERSHELL CO., LTD (including its affiliates, referred to as "Hypershell" or "we"). Before using the Hypershell Device, it is essential that you read these Hypershell Device Terms of Use, along with any other applicable rules, policies, and terms available at the Hypershell website , or on or through the Hypershell Device or its companion app (collectively, this "Agreement"). By using the Hypershell Device, you are unequivocally agreeing to the terms and conditions of this Agreement. Failure to agree with the terms and conditions of this Agreement implies that you are not authorized to use the Hypershell Device, and you may return it in accordance with the applicable return policy. You must have your own Hypershell account to register and use your Hypershell Device, and you may be required to log into the account. Your use of any of the Services is subject to any additional rules, policies, and terms that apply to those Services.
Last updated: May 5th, 2024.Please be advised that the Hypershell Device is a recreational product and as such, requires practice and mastery of the necessary skills before use. It is imperative to note that neither our organization nor any of our subsidiaries or affiliates can be held accountable for any injuries or damages resulting from a user's inexperience or disregard for the instructions outlined in the User Manual or Quick Start Guide.
We strongly urge all users to familiarize themselves with the aforementioned materials and adhere to the instructions and safety guidelines contained therein. It is essential for users to exercise caution and take all necessary precautions to ensure their safety while using the device.
We trust that this information will be helpful as you engage with the Hypershell Device in the future. In the event that you utilize a Hypershell Device for activities such as walking, running, hiking, or cycling, the sole responsibility of ensuring safe usage, adhering to traffic regulations, and exhibiting sound judgment during movement and route selection lies with you.
It is worth noting that the Hypershell Device may be configured to automatically back up certain data to the cloud. This data includes account settings, notes, wireless configurations, history, and communications. By doing so, this data can be restored to a Hypershell Device at a later point in time. This feature offers users an effective means of safeguarding their data while also ensuring its accessibility when needed.
With the exception of the provisions stated in this section, it is required that the Software be exclusively used on a Hypershell Device. For additional terms and conditions that are applicable to the Software, please refer to the Legal section or other similar sections found in the companion apps or user manuals of your Hypershell Device.
It should be noted that certain functionalities of the Hypershell Device may necessitate a third-party provider's Internet connection or data plan. It follows that any fees, limitations, terms, and restrictions imposed by your provider will apply to your usage of the Internet connection or data plan in question.
Please be advised that certain Services may be subject to unavailability, variation by device or geography, temporal restriction, or require separate subscriptions. Additionally, in the event that your Hypershell Device necessitates wireless data services and, due to its location, such services cannot be accessed, you may not be able to utilize some or all of the Services or other features of your Hypershell Device. Please note that we are not liable for the unavailability of wireless data services or any concomitant loss of Services.
The software utilized by Hypershell shall collect and transmit to Hypershell data concerning your utilization of the Hypershell Device and its interaction with the Services. Such data may be processed within the cloud environment with a view to enhancing the quality of our products and services, and may also be stored on servers located outside of your country of domicile. We shall handle any data received in accordance with our Privacy Policy .
It is within our discretion to amend any of the terms outlined in this Agreement by posting the revised terms on the Hypershell. cc website. Your continued use of the Hypershell Device after the effective date of the revised Agreement will serve as your acceptance of the modified terms. It is important to note that this Agreement can be modified at any time, and such modifications will be communicated through the Hypershell. cc website.
In the event of a violation of our Terms of Use or policies, which includes community regulations, when sharing information or content, or if any legal requirements are not met, Hypershell retains the right to delete the aforementioned content or information. Moreover, under the following circumstances, Hypershell is entitled to reject or terminate some or all of the services we offer to you, including the immediate termination or restriction of your account access：
If we take actions to restrict or terminate your use of your account, we will inform you in accordance with these Terms of Use and our Privacy Policy.
In the event of termination, any fees paid are deemed non-refundable. Hypershell's failure to insist upon or enforce your strict compliance with this Agreement does not constitute a waiver of any of its rights. It is important to note that while Hypershell may choose not to enforce compliance in a particular instance, this should not be construed as a general relinquishment of its rights under this Agreement.
This agreement shall be governed by and construed in accordance with the laws of the People's Republic of China. Any dispute that may arise from or in connection with this agreement shall be referred to the China International Economic and Trade Arbitration Commission in Beijing for arbitration. The arbitration proceedings shall be conducted in accordance with the Commission's prevailing rules of arbitration at the time of application. The arbitral award is considered to be conclusive and obligatory for both parties involved in the agreement. The acceptance of these terms is implied by either entering into this Agreement or utilizing a Hypershell device or the Services.
The Hypershell or Hypershell Co., Ltd. website or manuals may contain inaccuracies and typographical errors in the information and materials provided. We cannot guarantee the accuracy, completeness, or usefulness of the information and materials, nor can we vouch for the reliability of any advice, opinion, statement, or other information provided. It is important to acknowledge that any reliance on such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, at our sole discretion, to correct any errors or omissions. Additionally, we may make changes to the website, the materials, and the products, programs, services, or prices described in the site or manuals at any time without notice. We understand the importance of providing accurate and up-to-date information to our users and will strive to maintain the highest level of professionalism and expertise in our offerings.
The materials and information provided on this site or in accompanying manuals are presented exactly as they are, without any representation or warranty, express or implied. This includes, but is not limited to, warranties of merchantability, non-infringement, or fitness for any specific purpose. It is important to note that certain jurisdictions may not allow for the exclusion of implied warranties. As such, the aforementioned exclusions may not apply to all users.
It is our responsibility to inform you that any reliance you place on such information and materials is entirely at your own risk. We disclaim any liability for loss or damage, whether direct, indirect, or consequential, arising from the use of this site or any information contained in it.
We have taken all necessary measures to ensure that the materials and information provided on this site or in accompanying manuals are accurate and up to date. However, we cannot guarantee that they will remain so indefinitely. As such, we take no responsibility for any errors or omissions that may occur.
We hope that this disclaimer is clear and concise. If you have any questions about it, please do not hesitate to contact us.
It is important to note that we shall not be held liable for any indirect, consequential, or punitive damages of any kind that may arise from the use or inability to use this site or manuals. Such damages may include, but are not limited to, loss of profits, business interruption, or loss of goodwill.
It is therefore incumbent upon users to exercise reasonable caution when interacting with this site and the accompanying manuals. We encourage users to contact us should they encounter any issues or have any concerns.
We remain committed to providing quality service and support to our users, and we will continue to work towards ensuring that the site and manuals remain reliable and effective tools for all who use them.
Please contact us for help with your Hypershell Device, the Services, Software, or other issues.