Welcome, and thank you for your interest in the HitnMis Community, Inc. (“HitnMis ,” “we,” “our,” or “us”) and our website at hitnmis.com, along with our related websites, networks, applications, platform, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you (“you”) and HitnMis regarding your use of the Service. These Terms (defined below) apply to you whether you are (i) browsing our websites, (ii) using the Service, or (iii) acting as a Partner (defined below) via the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING HITNMIS’s PRIVACY POLICY AND CODE OF CONDUCT (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND HITNMIS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY HITNMIS AND BY YOU TO BE BOUND BY THESE TERMS.

PARENTAL CONSENT. IF YOU ARE UNDER 18 YEARS OF AGE (A “MINOR”), YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICE, AND YOU MAY ONLY USE THE SERVICE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS ON YOUR BEHALF, INCLUDING ALL DISCLAIMERS, WAIVERS AND RELEASES.

PARTNERS’ NOTICE. YOU MUST BE AT LEAST 18 YEARS OF AGE TO BE A PARTNER. If you are individually offering services via the HitnMis platform (a “Partner”), you agree to these Terms as well as the HitnMis Coaching Terms (the “Coaching Terms”). To the extent, the Coaching Terms conflict with these Terms, the Coaching Terms control.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 17, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND HITNMIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. HitnMis Service Overview. HitnMis connects gamers and provides events, entertainment and learning .
2. Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are a parent or the legal guardian of a Minor accepting these Terms on the Minor’s behalf, you represent and warrant that you have the legal authority to bind the Minor to these Terms and you also agree to be bound by these Terms. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration. To access most features of the Service, you must sign in with a discord account. When you sign in with a discord account, you will be providing us with some information about yourself, such as your username, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us.
4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable, except as required by law, unless otherwise specifically provided for in these Terms.

   1. Fees. Certain features of the Service may require you to pay for services (“Partner  Services”), including live sessions, replay reviews, bundles and training plans determine pricing for their Services (“Partner  Fees”). HitnMis will make reasonable efforts to keep Partner Fees published on the Service up to date. We encourage you to check the games listed on our website for each Partner’s pricing information. HitnMis may change the fees for any feature of the Service, including adding additional fees or charges, if HitnMis gives you advance notice of changes before they apply. HitnMis, at its sole discretion, may make promotional offers with different features and different pricing to any of HitnMis’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. If a promotional offer is made to you, you can only take advantage of such offer one time unless expressly set forth otherwise in the offer, and any abuse or reuse of promotional offers constitutes a violation of these Terms.

   2. Refund Policy.

      1. If you have purchased Partner Services and have not attended a Partnering session or otherwise utilized the Partner  Services, you may request a refund within 30 calendar days from your date of purchase (the “Refund Window”) by contacting us, in which case HitnMis will refund the Partner Fees and Platform fees to your original payment method.

      For sessions with more than one scheduled attendee (a ”Group Session”), refund requests must be made at least 48 hours before the scheduled session start time. Requests made within 48 hours of the session start time will not be eligible for a refund. All eligible Group Session refund requests will refund the Partner Fees and Platform fees to your original payment method.

      With regards to having purchased Training Plans or any other bundled services, if you have not attended a session or utilized a service, you may request a refund within the Refund Window by contacting HitnMis, in which case HitnMis will refund the Partner Fees and Platform fees to your original payment method.

      If you have not utilized the Partner Services and request a refund after the Refund Window, HitnMis will refund the Partner Fees and Platform Fees to your account on the Service as credit which can only be used on the Service. If you have attended one or more sessions, or utilized one or more services offered via a Training Plan or other bundled service, the plan or service in question will be non-refundable.

      In the event you are unhappy with the Partner Services that you’ve received and would like a refund, please contact HitnMis, and HitnMis may in its sole discretion, provide a refund. 2. Refunds for HitnMis Memberships are available within 72 hours of purchase. If you purchased a HitnMis Membership more than 72 hours ago, your subscription is considered nonrefundable. Refunds and partial refunds can only be made back to the original credit card that was used to purchase the Membership. If you cancel your HitnMis Membership within the month it was purchased, any or all features of the subscription may cease immediately at HitnMis’s discretion. If HitnMis has added funds to your HitnMis Wallet as a feature of the Membership, these funds shall be removed at the time of cancellation. If these funds have been spent and are no longer available to be removed from your HitnMis wallet, your subscription will be considered nonrefundable for the month in which the funds were added. You can request a refund by contacting HitnMis support via email or through a support ticket on Discord.

   3. Payment Processing. Payment processing services are provided by Stripe. You will be subject to the Stripe Services Agreement and the Stripe Global Privacy Policy. For all payments, you authorize HitnMis to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by HitnMis, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then HitnMis may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Payments for the provision of Partner Services are set forth in the HitnMis Coaching Terms ****

   4. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Upon purchasing a Subscription Service, you will receive an email regarding the Subscription Service, including information on how you may cancel your subscription. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize HitnMis or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period (the “Subscription Fee”).

   5. Delinquent Accounts. HitnMis may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then HitnMis reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.

   6. Cancellation Policy for Subscription Services. ****You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. HitnMis or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service at any time by accessing your account and clicking “cancel subscription” or by contacting us. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

   7. Cancellation Policy for Non-Subscription Services. The cancellation policies for non-subscription Partner Services vary based on the preference of the Partner. The cancellation policy that applies to the lesson that you purchase will be included on the applicable lesson page.

5. Licenses
   1. Limited License. Subject to your complete and ongoing compliance with these Terms, HitnMis grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
   2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
   3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant HitnMis an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights. The Service is owned and operated by Kael Wason LLC. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by HitnMis (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of HitnMis or its third-party licensors. Except as expressly authorized by HitnMis, you may not make use of the Materials. There are no implied licenses in these Terms and HitnMis reserves all rights to the Materials not granted expressly in these Terms.
   1. Trademarks. The HitnMis logos, and any other product or service name, logo, or slogan used by HitnMis, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of HitnMis, and may not be used in whole or in part in connection with any product or service that is not HitnMis’s, in any manner that is likely to cause confusion among customers, or in any manager that disparages or discredits HitnMis, without HitnMis prior written permission. All other trademarks referenced on the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by HitnMis or any other affiliation.
7. Third-Party Terms
   1. Third-Party Services and Linked Websites. HitnMis may provide tools through the Service that enable you to export or import information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on a third-party service, such as Twitter, Twitch or YouTube, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize HitnMis to transfer that information to the applicable third-party service. Third-party services are not under HitnMis’s control, and, to the fullest extent permitted by law, HitnMis is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under HitnMis’s control, and HitnMis is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, HitnMis will have no control over the information that has been shared.
   2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
   3. Third-Party Games. When playing a third party’s game in connection with our Service, you are still subject to the applicable third-party terms and conditions governing your use of such game (“Third-Party Game Terms”), and you represent and warrant that you are in compliance with such Third-Party Game Terms and that your use of the Service is not a breach of such Third-Party Game Terms. If you are not in compliance with Third-Party Game Terms, then you should not access, play, stream, coach or train in that game while using the Service.
8. User Content
   1. Limited License Grant to HitnMis. By Posting User Content to or via the Service, you grant HitnMis a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to: (i) host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works from, distribute, retransmit, and otherwise exploit and use your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed, for any purposes including (a) advertising, marketing and promoting HitnMis and the Service; (b) displaying and sharing your User Content to other users of the Service; and (c) providing the Service as authorized by these Terms; and (ii) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that HitnMis and its sub-licensees are allowed to use them to the extent indicated in these Terms. By posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from HitnMis’s exercise of the license set forth in this Section. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Service.
   2. Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
   3. Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
   4. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content, including in all ambient music and underlying musical works embodied in any sound recording. HitnMis disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
      1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize HitnMis and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by HitnMis, the Service, and these Terms;
      2. your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause HitnMis to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
      3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
   5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. HitnMis may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against HitnMis with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, HitnMis does not permit infringing activities on the Service.
   6. Monitoring Content. HitnMis does not control, pre-screen, and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that HitnMis reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time HitnMis chooses to monitor the content, then HitnMis still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our HitnMis Privacy Policy (defined below). HitnMis may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service for any reason and without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
9. Intellectual Property Rights Protection
   1. Respect of Third Party Rights. HitnMis respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
   2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).
10. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
    3. a description of the material that you claim is infringing and where it is located on the Service;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
    6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

Your Notification of Claimed Infringement may be shared by HitnMis with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to HitnMis making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

1. Repeat Infringers. HitnMis’s policy is to: (a) remove or disable access to material that HitnMis believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. HitnMis will terminate the accounts of users that are determined by HitnMis to be repeat infringers. HitnMis reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
2. Counter Notification. If you receive a notification from HitnMis that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide HitnMis with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to HitnMis’s Designated Agent through one of the methods identified in Section 9.b, and include substantially the following information:
   1. your physical or electronic signature;
   2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
   3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
   4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which HitnMis may be found, and that you will accept service of process from the person who provided notification under Section 9.b above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.