Terms of Service

Last Updated on March 8, 2023

These Terms of Service (“Terms”) govern your use of the services provided by Hathora Inc. (“we”, “us”, “our”, or “Company”), including without limitation the Hathora platform available at https://hathora.dev/ and any other platform or infrastructure, including without limitation a cloud based or other form of server, software or hardware product, offered by Company (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Company. In these Terms, a “user” is you or anyone who accesses, browses, or in any way uses the Services. You must agree to these Terms before you can use the Services. You can agree to these Terms by: (a) actually using the Services, including, without limitation, accessing our website or web app, and/or (b) clicking a box that indicates you agree to the Services, where such a box is made available to you. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used. Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make a change to the Terms, we will post the revised Terms on our website and/or web app. Without limiting the foregoing, if we make a change to the Terms that materially impacts your use of the Services, we will endeavor to notify you by email at the email address you provide to us.

PLEASE NOTE: THAT SECTION 14 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 14 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE AND HOW TO OPT OUT.

By accessing or using the Services:

You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are a visitor to our Services or a registered user;
You represent and warrant that (i) you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent, (ii) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department’s list of Specially Designated Nations, and (iii) you will comply with all applicable laws and regulations in connection with your use of the Services and in accordance with the terms and conditions specified in these Terms;
If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms; and
You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
Accessing the Services.

The Services is controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. You are responsible for ensuring your access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Services.

You understand that by using the Services you consent and agree to the collection and use of certain information about you and your use of the Services in accordance with our privacy policy, which is incorporated by reference into and forms a part of these Terms. If you object to your information being used in this way, please do not use the Services. For more information please read our full Privacy Policy.

If you are invited or clearly provided with access to beta testing new tools and resources, which are not made available to the public and users broadly (“Beta Offering”), you should not rely on, nor expect, the continued availability of these new tools and resources. Any information, data, content, or materials provided or displayed to you in any Beta Offering, or any knowledge that you may have from or relating to such Beta Offering (collectively, “Beta Offering Information”), is proprietary and confidential information of Company, and you shall not disclose any Beta Offering Information to any third party or person. Your access to and use of any Beta Offering shall be subject to these Terms.

Account Registration and Account Security.

Some or all of the Services and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy. You are responsible for maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary.

Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not to disclose it to any third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information. Company will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use.

When registering for the Services on behalf of an organization (creating an “Organizational Account”), the account owner of such Organizational Account ******may grant access to the Services to certain authorized users, subject to the limits of any plan for which the organization enrolls. When registering for an Organizational Account and accessing the Services, you represent or warrant that the information you enter for your organization is correct, and that you are authorized to act on behalf and represent such organization in creating such Organizational Account and using the Services. The owner of the Organizational Account, on behalf of the Organization, is responsible for all activity under authorized user accounts, including without limitation any data or content generated, documented, or uploaded by its authorized users.