TERMS AND CONDITIONS

1. ACCEPTANCE

(a) Binding terms: By using the Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms and Conditions, (ii) our Privacy Policy, Cookie Policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

(b) By using the Services, you acknowledge that:

• You are at least 18 years old and you have the capacity and desire to form a binding contract with us;
• You fully understand and will comply with the Agreement and all applicable local, state, national, and international laws, rules, and regulations;
• If you are using the Services on behalf of a business or some other entity, you acknowledge that you are authorized with full capacity to agree to the Agreement on behalf of the business or entity.

2. ACCOUNTS

(a) You must create an account to use the Service: In order to use our services, you may need your own RealSize account to use certain RealSize Services, and you may be required to be logged in to the account and have a valid payment method associated with it. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

(b) Your responsibilities regarding the use of your account: You will be fully responsible for activities that relate to your account or your password. You must not use your account or allow it to be used in a way which may (in our opinion) cause damage to or impair the Service or our reputation, or infringe or violate any third-party rights, or violate any applicable laws or regulations.

(c) Account deletion: If you no longer want to use the Service and would like your account deleted permanently, you can do this at any time through your account management page. Such deletion will result in the deactivation or disablement of your account and access to it, the permanent remove of your order list and content you collected through use of the Services. Terminations are confirmed immediately, and you will not be able to reactivate your account and will not be able to retrieve any of the Content or information you have added.

(d) We can cancel or suspend your account: Please note that the Agreement allow us to suspend or cancel your account in certain circumstances (for example, see Clause 8).

3. USER CONDUCT

The Company grants you a personal, worldwide, royalty-free, non-negotiable, non-exclusive and revocable right to access and use the Services. This license is for the sole purpose of enabling you to use and enjoy the Services consistent with these Terms and our usage policies.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.

(b) Advertisement

The Services may contain advertisements. You agree that we, our affiliates, and our third-party partners may place advertising on the Services.

(c). Content Created by Other Users

The Content transmitted via the website is the sole responsibility of the person or organization that submitted it. We do not assume responsibility for any Content that others provide through the Services.

(d). Waiver and Public License

To the greatest extent permitted by applicable law, you hereby overtly, fully, permanently, irrevocably and unconditionally waive, abandon, and surrender all of the Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Content (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law, (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, to the extent the Waiver is so judged, you hereby grant to each affected person a royalty-free, non-transferable, non-sublicensable, non-exclusive, irrevocable and unconditional license to exercise your Copyright and Related Rights in the Content (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case your hereby affirms that your will not (i) exercise any of your remaining Copyright and Related Rights in the Content or (ii) assert any associated claims and causes of action with respect to the Content.

4. INTELLECTUAL PROPERTY

(a) Our Intellectual Property Rights: All Intellectual Property Rights associated with our Service, including but not limited to copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, the Website and their content, features and functionality and other intellectual property rights, are and will remain our (or our licensors’) exclusive property and you will not challenge such ownership.

(b) No transfer of our Intellectual Property Rights to you: The Service is protected by copyright, trade mark, and other laws of foreign countries. Nothing in the Agreement constitutes a transfer of any Intellectual Property Rights from us to you. Our trade marks and trade names may not be used in connection with any product or service without our prior written consent. No registration of the subdomains of our domain is allowed. We reserve the right to retract, deactivate or delete the subdomain which infringes our intellectual property rights or the terms and conditions.

(c) We honor the requirements of relevant copyright laws: We take reasonable steps to remove from our Services any infringing material that we become aware of. If we become aware that any user has repeatedly infringed copyrights of a third-party, we will take reasonable steps within our power to terminate the user’s account.

(d) Report of suspected copyright infringement: We make it easy for you to report suspected copyright infringement third-party. If you believe that anything on the Services infringes the copyright of any piece of work of a third-party, please contact us at [email protected].

5. WARRANTY

No misuse of the Service: We try hard to keep the website a safe and legal place for all users. By using the Services, you agree that you will not:

• Commit or encourage an activity that is illegal or prohibited by the Agreement;
• Use the Service for any harmful or nefarious purpose;
• Use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information;
• Use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
• Transmit or distribute a virus, worm, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
• Hack into any aspect of the Services or corrupt data;
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
• Probe, scan, or test the vulnerability of our Services or any system or network, unless previously authorized by us;
• Send any unsolicited advertising or promotional material (commonly referred to as “spam"); or attempt to affect the performance or functionality of any computer facilities or access through this Website;
• Use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
• Use or attempt to use another user’s account, username, or password without their permission;
• Bully, shame, harass, defame, intimidate, solicit money from or defraud any person including other users of the Service;
• Vend, sell or offer for sale, market, advertise or demonstrate any counterfeit commodity or article, any product infringing, directly or indirectly, any third-party intellectual property rights, or any items violating the law of a specific jurisdiction or the Agreement, including, but not limited to, Drugs and drug paraphernalia, Embargoed goods and prohibited countries, Firearms, weapons and knives, Government, transit, postal items and official items policy, Hazardous, restricted, or regulated materials, Items encouraging illegal activity, Lock-picking devices, Mailing lists and personal information, Medicine and healthcare products policy, Offensive material, Police-related items, Prescription drugs, Prohibited services, Stolen property;
• Provide false, inaccurate or misleading information;
• Send or receive what we reasonably believe to be potentially fraudulent funds;
• Post content that contains or links to graphic violence, threats, hate speech, or incitements to violence;
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission
• Infringe HYTTO PTE. LTD.’s or any third party’s rights of publicity, privacy, copyright, trademark, or other intellectual or proprietary right.

Criminal offense: Breaching this provision may constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

6. YOUR PRIVACY

Your personal data is governed by our Privacy Policy: You agree and consent that your use of our Services and our collection and processing of your data, including information transmitted to or stored by HYTTO PTE. LTD. and its apps or affiliates, is governed by our Privacy Policy. Please refer to our Privacy Policy.

7. CONFIDENTIALITY

You must protect confidential information provided to you: If we or other third-party share information with you that is confidential, or that a reasonable person would consider is confidential, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.

8. SUSPENSION OR TERMINATION OF SERVICES

(a) We may limit, temporarily suspend, or permanently terminate the Services to you: (i) if you fail to comply with the Agreement, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we receive the complainant from other users and are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where We may decide that we need to take immediate action without notice. We will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. We have no obligation to retain your Content upon termination of the applicable Service.

(b) Your rights to approach us with any issues: If you have any issues with our decision under clause 8(a), with the performance of the Service, or anything else in connection with the Agreement, please let us know by emailing us at [email protected] (Issue Notice). Once we receive an Issue Notice, you and we will use all reasonable endeavors to resolve the issue in good faith. Neither of us will bring any legal proceedings or take any formal or public action in connection with the issue until we have spent at least one (1) month from the date of the Issue Notice trying to resolve the issue in good faith.

9. THIRD-PARTY LINKS OR SERVICE

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. We are not responsible for, nor do we control, the content, products, or services provided by any linked third-party websites. Unless we otherwise specifically state, we do not endorse (or make any warranties or representations in relation to) any third-party products or services, and your use of that third-party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing to.

Although we reserve the right to review and remove Content that violates this Agreement and any law and regulations, such Content is the sole responsibility of the user who posts it, and we cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement and any law and regulations, please report it within the Service or via our contact email [email protected].

10. INDEMNIFICATION

You agree to defend, indemnify, and hold HYTTO PTE. LTD., its officers, directors, employees, and agents harmless from and against any third-party, including other users, claims liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal fees, arising out of or in any way connected to your negligence and breach or violation of any law or the Agreement.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYTTO PTE. LTD. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF HYTTO PTE. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE HYTTO PTE. LTD. USES ITS BEST EFFORTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

HYTTO PTE. LTD. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH HYTTO PTE. LTD. WILL BE RESPONSIBLE FOR.

13. AMENDMENT TO THE SERVICE AND THE AGREEMENT

(a) We can change the Service and functionality: You acknowledge that the Service is constantly evolving, and we may change parts of the Service and its functionality from time to time.

(b) We can change the Agreement: We may amend, remove, or vary the Agreement at any time and without notice if the amendment is necessary to reflect changed or added functionality of the Service, for compliance with law, for reasonable commercial reasons, or otherwise to protect our legitimate interests.

(c) Your continued use deemed to be acceptance: Your continued use of the Service will be deemed as your acceptance of any changes to the Service and the Agreement, as described above.

14. GOVERNING LAW AND DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND HYTTO PTE. LTD. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH ARBITRATION.

(a) Arbitration clause: Any dispute, controversy, difference or claim arising out of or relating to the Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The applicable law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

(b) Choice of Law and Venue: By using the Services and agreeing to the Agreement, you agree that the governing law of the Agreement shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to principles of conflict of laws.

(c) Waiver of Jury Trial: Should any dispute under the aforementioned arbitration clause be submitted to, for instance, a US court which otherwise holds that the above arbitration clause is invalid and that the case submitted to it is admissible and the court has jurisdiction over the case, YOU AND HYTTO PTE. LTD. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A JURY TRIAL, IF IT IS ALLOWED BY THE LAW OF THAT STATE.

(d) Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth herein.

(e) Right to Waive: Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

15. GENERAL PROVISIONS

(a) Entire Agreement: The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and HYTTO PTE. LTD. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by an Officer of HYTTO PTE. LTD.

(b) Severability: If any provision of the Agreement is invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, and to the extent it is not valid then it will be severed from the Agreement and the remainder of the Agreement will continue to apply with such amendments as are strictly necessary to reflect the severance.

(c) No waiver: Our failure to insist upon or enforce any provision of the Agreement will not be construed as a waiver of any provision or right.

(d) No agency: Neither the Agreement, nor the Service, create a relationship of agent/principal between you and us.

(e) Jurisdiction specific term: Specific laws may apply to you or to us as a result of your specific location. If this is the case, and if those laws are inconsistent with any part of these terms, those laws will prevail to the extent of the inconsistency.

(f) Prevailing Language: The English language version of the Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions of languages, if any.