Terms of Service

1. Introduction

Welcome to Hex5.app! These Terms of Service (“Terms”) govern your access to and use of our platform. By using Hex5.app, you agree to comply with these Terms. If you do not agree, please refrain from using our services.

2. Definitions

  • User: any individual or entity that accesses or uses Hex5.app.
  • Content: all materials, information, data, text, graphics, images, and other media submitted or displayed on Hex5.app.
  • Service: the Hex5.app platform and all related features and functionalities.
  • Account: the user account created by a User to access and use the Service.

3. Eligibility and Age Restrictions

You must be at least 18 years old to use Hex5.app. By agreeing to these Terms, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms.

4. Account Responsibility

  • You must provide accurate, current, and complete information during registration.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You may only have one account, and accounts are non-transferable.
  • Hex5.app reserves the right to suspend or terminate accounts that violate these Terms.

5. User Representations and Warranties

By using Hex5.app, you represent and warrant that:

  • You have the legal capacity to enter into these Terms.
  • All information you provide is accurate and truthful.
  • You will comply with all applicable laws and regulations in your use of the Service.

6. Platform Usage

  • The platform must only be used for legitimate popup market planning and related activities.
  • You may not engage in fraudulent, misleading, or illegal activities.
  • Intellectual property rights of other users and third parties must be respected.
  • You agree to comply with all applicable local, state, and national laws when using Hex5.app.

7. Event Content

  • You are responsible for the accuracy and appropriateness of your event listings.
  • Content must not be offensive, harmful, defamatory, or inappropriate.
  • Events promoting illegal activities or containing prohibited content will be removed.
  • Hex5.app reserves the right to moderate or remove content that violates these Terms.

8. Payments & Fees

Organizers set the event application fees for vendors, and Hex5.app, along with third-party payment processors, will deduct applicable platform and payment processing fees before the remaining amount is transferred to the organizer. Payments are processed securely through trusted third-party providers. Commission rates may change with prior notice to users. Unauthorized transactions or fraudulent payments will be investigated and may lead to account suspension.

9. Refund and Cancellation Policies

Users should review the specific refund and cancellation policies outlined in each event listing. Refund policies are determined by event organizers, not Hex5.app. Disputes regarding refunds should be directed to the event organizer for resolution.

10. Liability Disclaimer

Use of Hex5.app is at your own risk. Hex5.app does not guarantee the quality, accuracy, or safety of any events listed on the platform. We are not responsible for disputes, damages, or losses arising from interactions between users. Users should report any suspicious or harmful activities immediately.

11. Privacy & Data

Hex5.app values your privacy and takes data security seriously. Our Privacy Policy explains how we collect, store, and use your information. By using the platform, you consent to data collection as outlined in our Privacy Policy.

12. Intellectual Property & User Content

User Content Ownership: Users retain full ownership and copyright of any content they upload or submit to Hex5.app, including but not limited to event descriptions, images, and promotional materials.

User Responsibility: By posting content on Hex5.app, you affirm that you have the necessary rights, permissions, or licenses to use and share that content. You are solely responsible for any content you upload, and you agree not to post copyrighted, proprietary, or confidential material that you do not have the right to distribute.

License Grant to Hex5.app: By submitting content to Hex5.app, you grant us a non-exclusive, worldwide, royalty-free license to use, display, modify, reproduce, and distribute your content solely for the purpose of operating, promoting, and improving the platform.

Copyright Infringement: If you believe that any content on Hex5.app infringes your copyright, please notify us immediately at support@hex5.app, and we will investigate and take appropriate action.

13. Third-Party Services

Hex5.app integrates with third-party payment processors and services. We are not responsible for the performance, security, or reliability of third-party services. Users engaging with third-party services do so at their own risk.

14. Export Control and Compliance with Laws

Users must comply with all applicable export laws and regulations. By using Hex5.app, you agree not to export or re-export any materials in violation of applicable laws.

15. Feedback and Suggestions

Users may provide feedback, suggestions, or ideas (“Feedback”) to Hex5.app. By submitting Feedback, you grant Hex5.app a non-exclusive, royalty-free, perpetual, and irrevocable right to use, modify, and distribute such Feedback without any compensation to you.

16. Accessibility Statement

Hex5.app is committed to ensuring accessibility for all users, including those with disabilities. We strive to comply with relevant accessibility standards and continuously improve the accessibility of our platform.

17. Limitation of Liability

Hex5.app shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. Our total liability to you for any claim arising out of these Terms shall not exceed the amount you have paid to Hex5.app in the preceding twelve (12) months.

18. Indemnification

Users agree to indemnify and hold Hex5, Inc. harmless from any legal claims, liabilities, damages, or losses arising from their participation in events or violations of these Terms. Organizers and vendors are responsible for ensuring compliance with permits, insurance, and tax obligations in their respective states of operation.

19. Force Majeure

Hex5.app will not be liable for delays or failures due to events beyond its reasonable control, including natural disasters, government actions, or pandemics.

20. Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any legal action, dispute, or proceeding related to these Terms must be brought exclusively in the state or federal courts located in Delaware.

21. Dispute Resolution & Arbitration

Any disputes arising from the use of Hex5.app will first attempt to be resolved informally through communication with Hex5.app support. If unresolved, disputes will be subject to binding arbitration in accordance with applicable laws. Users waive their right to participate in class-action lawsuits.

22. Entire Agreement

These Terms constitute the entire agreement between you and Hex5.app regarding the use of the Service and supersede any prior agreements or understandings, whether written or oral.

23. Contact Information

If you have any questions, concerns, or need assistance regarding these Terms, please contact us at: support@hex5.app

By using Hex5.app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last updated: February 2025