Auto-Renewable Subscriptions Service Agreement
1. Acceptance of and Modifications to Service Terms
- 1.1 This Agreement is entered into by and among the players of “Archero” (users of Habby’s mobile
platforms or devices, and web applications accessible on third-party social networking services
hereinafter referred to as “Players”) and Habby PTE. LTD. (hereinafter referred to as “Habby”) with
respect to the use of the automatically authorized subscription renewal fees deduction service performed
by Habby (hereinafter referred to as “The Service”), which describes the rights and obligations of
players and Habby with respect to the use of the service and other matters. “Players” shall refer to the
individuals or entities who receive the subscription service from Habby.
- 1.2 This Agreement shall constitute the conditions precedent for players’ (whether individuals or
entities) use of the service provided by Habby. Players shall have no right to use the service unless
they have accepted the terms of this Agreement, and it shall be deemed that the players have agreed to
be bound by the terms of this Agreement if they choose to use the service.
2. Description of Services
- 2.1 In order to satisfy players’ demands for automatic subscription renewal fees deduction, the service is
performed with a view to avoiding losses caused by the failure of players to pay renewal fees in time due to
negligence or for other reasons to the extent that players have applied for the service. Players irrevocably
authorize Habby to deduct the fees for the next billing period on their behalf from the balance of the players’
re-charge accounts, and third-party payment accounts, bank cards and communication accounts which are bound up
with the accounts of the players (hereinafter referred to as “Accounts”) prior to the imminent expiration of the
valid period (including but not limited to per week/month/quarter/year) for the players, provided that players
have bound their accounts opened with Habby with the aforesaid accounts from which charges may be successfully
deducted.
- 2.2 “Automatic Subscription Renewal Fees Deduction” shall mean a deduction method by which Habby charges players
the fees for the next billing period from the aforesaid accounts based on the premise set forth in Article 2.1,
players are required to ensure that Habby may successfully deduct the fees from the aforesaid accounts and shall
be solely responsible for the failure of renewal due to inadequate and deductible balance of the aforesaid
accounts.
- 2.3 While enjoying the service, players shall be bound by the “Habby’s Terms of Service” (hereinunder, the TOS)
and use of the service by players shall be deemed that they agree on the service terms hereof and public notices
sent by Habby with respect to the service.
- 2.4 The service performed by Habby for players shall only be used by players on the platforms or game products
of Habby, and any separation of the contents of the service performed by Habby from the platforms thereof by
illegal means, such as malicious cracking, etc. shall not be part of the service as agreed to herein. All the
legal consequences arising therefrom shall be borne by the responsible parties and Habby will investigate the
legal responsibilities on the part of the responsible parties by operation of the law.
3. Rights and Obligations of the Parties
- 3.1 Habby shall be responsible for providing players with access to the detailed information on charges
pertinent to automatic subscription renewal fees deductions, instead of printing the relevant invoices and
forwarding the same to players.
- 3.2 Once the Auto-Renewable Subscriptions Service become effective, Habby shall deduct the fees for the next
billing period within 24 hours before the end of the current billing period from the aforesaid accounts of the
players and put the payment information of the players on record, with a corresponding extension of the validity
period for players. There may exist delay in the display of status of Auto-Renewable Subscriptions Service. The
final status of Auto-Renewable Subscriptions Service shall be determined by the actual deduction situation. If
one player did not cancel the Auto-Renewable Subscriptions Service 24 hours before the end of the current
billing period, the Auto-Renewable Subscriptions Service shall be automatically subscribed for next billing
period, under which the fees for the next billing period will be deducted accordingly.
- 3.3 In case of errors in the process of deducting the fees, Habby shall collaborate closely with the players on
identification of the causes and respectively assume the losses caused through their own fault; if losses are
caused through unequal fault of the parties, they shall bear the corresponding responsibilities in light of the
degree of their fault; and the parties shall evenly share the responsibilities in case of joint and several
liabilities.
- 3.4 Habby may change or modify the relevant service contents, rules and terms of this Agreement based on its
business development or technology upgrades, etc. It shall publish the contents to be modified on its relevant
webpages prior to the aforesaid changes or modifications, without separately sending notices to individuals. If
players disagree on the modifications hereto, it may cancel and suspend the use of services which has already
become available to them; if they continue to use the service provided by Habby, it shall be deemed that the
players have accepted all the modifications to this Agreement.
- 3.5 Players shall decide whether or not to cancel the service at their own discretion, if they choose not to
cancel the same, it shall be deemed that players agree with Habby on attempts to deduct fees on an irregular
basis according to certain rules, once the fees are successfully deducted, Habby will provide players with the
value-added services for the next billing period.
- 3.6 If prices for the value-added services are adjusted by Habby at the time of/prior to the automatic
subscription renewal fees deduction, the currently valid prices shall prevail.
- 3.7 Although the service is provided to players by Habby free of charge, Habby is entitled to decide whether or
not to charge for the service or adjust the automatic subscription renewal fees deduction period and fees by
taking into account business needs or changes to market conditions, etc., and make the relevant information
publicly available on the webpages to the players.
4. Term and Termination of this Agreement
- 4.1 This Agreement shall come into effect after players choose to accept or use the service and remain valid
until when the TOS is terminated or when the players terminate the service or cancel their qualifications.
- 4.2 Players shall have the right to choose to terminate the service by setting their accounts in the in-game
setting or the settings in other third-party platforms (if applicable) under the guidance of Article 3.2 of this
Agreement, and Habby will cease to provide the service to players upon the termination of the service.
- 4.3 The instructions by which players automatically authorize Habby to deduct the subscription renewal fees
before they choose to terminate the service shall remain valid. Habby will not refund charges deducted following
such instructions with the relevant responsibilities being borne by the players.
5. Liability for Breach of This Contract
If either party violates this Agreement, the non-breaching party shall have the right to claim compensation by
way of dispute resolution agreed to by the parties.
6. Dispute Resolution and Governing Law
If a dispute arises between you and Habby, we strongly encourage you to first contact us directly to seek a resolution. If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by the Californian law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Habby must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and Habby shall be governed by the laws of Singapore, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Habby must be resolved exclusively by a court located in Singapore.