Terms of Service

Last Update: December 12, 2025

ATTENTION NOTE:        

It is crucial to read these Terms of Service BEFORE accessing or using our Services.

These Terms of Service govern your access to and use of our Services:

• Websites available via the link: https://hyperhug.io, https://hyperhug.helpshift.com/, https://oxi.de, https://shop.playoxide.com (“Website”);

and

• Mobile app Oxide: Survival Island (available on the App Store, Google Play and any other distribution platform);
• Mobile app Slice Masters: ASMR game (available on the App Store, Google Play and any other distribution platform);
• Mobile app Clash of Smiles: IO Game (available on the App Store, Google Play and any other distribution platform);

(collectively referred to as “Apps”);

and any other existing or future products developed or published by us, unless explicitly stated otherwise (e.g., all community resources, channels, pages on social media platforms, etc.) (collectively referred to as “Services”).

Access to and use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference.

In these Terms of Service, we outline what you can expect from us as you access or use our Services and what we expect from you.

Headers and sub headers are used solely for convenience and shall be ignored for interpreting these Terms.

Along with these Terms of Service, we encourage you to read our Privacy Policy (link) which informs you about the processing of your personal data that you provide us when accessing or using our Services.

UNDERSTANDING OF THESE TERMS OF SERVICE IS IMPORTANT. PLEASE READ IT CAREFULLY. IF YOU DO NOT AGREE TO ANY OF ITS TERMS, PLEASE, DO NOT USE OUR SERVICES.

TO ACCESS AND USE OUR SERVICES, YOU MUST ACCEPT THESE TERMS OF SERVICE. ANY PREVIOUS VERSION OF THIS TERMS IS SUPERSEDED BY ACTUAL VERSION, WHICH IS AVAILABLE AT HTTPS://HYPERHUG.IO/TERMS.HTML. ACTUAL VERSION ENTERS INTO EFFECT ON THE DATE SPECIFIED ABOVE. IF YOU DO NOT AGREE WITH ANY UPDATES TO THIS TERMS, PLEASE, STOP USING OUR SERVICE. OTHERWISE, YOU EXPLICITLY AGREE TO BE BOUND BY ACTUAL VERSION OF TERMS AT ANY TIME.

PLEASE, CAREFULLY READ THE CLASS ACTION WAIVER IN THE SECTION “CLASS ACTION WAIVER CLAUSE” OF THESE TERMS OF SERVICE. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND HYPERHUG LTD. IT INFORMS YOU OF YOUR OPT-OUT RIGHTS.

1. Subject of these Terms of Service

1.1. What you agree to. These Terms of Service is a legally binding contract between the user (“user”, “you or derivatives) and HYPERHUG LTD, a company incorporated and operating under laws of Republic of Cyprus, with its address at: 156 Ellados st., 3041 Limassol, Cyprus (“HYPERHUG”, “we”, “us”, “our”).

Before accessing or using the Service, including browsing any of our Websites or installing any of our Apps, you must read these Terms of Service and our Privacy Policy (link), which is integral to these Terms, and agree to them.

1.2. Your warranties to us. By accessing and using our Services, you represent and warrant that:

1. You are of legal age (under the applicable law in your country of residence) to do so. For purposes of these terms, the minor means a person of the age which is lower than the age of majority under the law of country of residence, and which is needed to be entitled to use our Services.
2. Before accessing or using our Services, you (and, if you are a minor, your parent or other legal representative have carefully read these Terms of Service and our Privacy Policy (link), understood their contents, including your legal obligations, and agree to their provisions.
3. You have the right, authority, and capacity to enter into these Terms of Service and abide by their terms and conditions.
4. You will not access or use our Services for any purpose other than those for which we make our Services available.
5. You will not access our Services through automated or non-human means, whether through a bot, script, or otherwise.
6. You have not breached these Terms of Service (e.g., by using cheats in our Apps) at any time before entering into this agreement, unless such breach was resolved to our satisfaction and your access to any of our Services was explicitly reinstated.
7. You will not breach these Terms of Service.
8. Your use of our Services does not violate any applicable law or regulation. This includes the warranty that you are not a person subject to sanctions, specifically on the United States Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List, you are not subject to European Union or United Kingdom Treasury sanctions or any other sanctions applicable to you. You do not use any software (VPN) to bypass these limitations.

We will cease providing you with any of our Services if it comes to our knowledge that any of your representations and warranties are or were not true.

If you are aware of anyone who does not comply with our criteria to access and use our Services, please contact us at [email protected].

1.3. Special rules of accepting the Terms by minors. The Services may be subject to age restrictions that vary depending on the country of your residence. It is your responsibility to ensure that you are of the minimum legal age required to access and use the Game in your jurisdiction.

If you are under the required age, your parent or legal representative must provide consent on your behalf for you to access or use our Services.

If you’re a parent or legal representative of a minor, who is using our Service, it is your responsibility to allow and to control the minor’s access to, use of and any minor’s activity on our Service.

1.4. We grant you a license to use our Services. We grant you a personal, worldwide, revocable, limited, non-transferable, non-sublicensable and non-exclusive license to access and use our Services for personal and non-commercial purposes in accordance with these Terms of Service, with the understanding that certain part of Services (e.g., specific Apps, additional in-app functionalities, etc.) are available only for particular Services and/or for payment.

Any breach of these Terms of Service will result in the immediate termination of your license to access and use our Services.

1.5. Prohibition of commercial activity with our Services. You are prohibited to use our Services in connection with any commercial endeavors except those that are specifically authorized or approved by us.

1.6. We may change the Services at any time. We reserve the right to make changes to our Services. We may modify, eliminate, suspend, or discontinue access to and availability of our Services, including any specific features and their content (e.g., paid features and content), at any time without prior notice or liability.

You agree and acknowledge that it may be necessary to change, expand, enhance, develop, or improve our Services to ensure proper functioning, reliability, safety, security, and a certain level of user experience. We may determine such need at our sole discretion.

Your access to and use of our Services do not entitle you to the continued provision or availability of our Services, including any specific features and their content (e.g., paid features and content). We do not accept any undertaking and do not provide any representation that any features or content that were paid by you will be available further or will have the same functionality or value further.

1.7. SERVICES PROVIDED AS IS. OUR SERVICES ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATION AND OFFER NO WARRANTY (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT OR REPRESENT THAT OUR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY INFORMATION WILL BE SECURE OR NOT LOST OR ALTERED.

1.8. Prohibition to use the Services where it’s illegal. We make no representation that our Services, including any specific features and their content, are accessible, appropriate, or legally available for use in your jurisdiction. Accessing and using our Services is prohibited from territories where such activities would be illegal, including, but not limited to, on the basis of applicable United Nations sanctions, European Union sanctions or United States sanctions (all as implemented by their authorized bodies). You access and use our Services at your own initiative, and you are responsible for complying with local laws.

1.9. Third Parties participating in provision of the Services to you. You agree and acknowledge that the availability of our Services may depend on the third party from which you receive access to our Services, including app stores (“Third-Party Access Providers”).

You agree to pay all fees charged by the Third-Party Access Providers or other intermediaries (e.g., internet-providers, etc.) in connection with our Services. Such fees are borne by you.

You agree to comply with, and understand that your license to use our Services is conditioned upon your compliance with, all applicable agreements, Terms of Service, and other documents of the Third-Party Access Providers or other related intermediaries (e.g., internet-providers).

You acknowledge that Third-Party Access Providers are third-party beneficiaries of these Terms of Service and have the right to enforce them.

We do not accept any responsibility for actions of Third-Party Access Providers or other related intermediaries if they relate to your use of our Services. Such actions are attributed solely to them and all your claims related to such actions shall be addressed to such parties.

1.11. Your guarantees under applicable law. Depending on where your location, you may have rights under applicable laws and regulations that cannot be waived. Nothing in these Terms of Service limits any such rights under those laws.

2. Authorized access to our Services 

2.1. Account may be needed to access the Services. Our Services may require the use of an account to access and use them (“Account”).

2.2. Options to log-in. To access and use our Services, you can:

• Create a 'guest' Account for the particular Service.
• Use a Third-Party Service’s Account (e.g., Apple ID or Google account).

If you log into our Services using a Third-Party Service, you represent and warrant that:

1. your access to and use of our Services through the Third-Party Service account comply with the applicable terms and policies of the Third-Party Service; and
2. you meet the minimum age requirement prescribed by applicable laws for using the Third-Party Service.

2.3. Actions of your Account are solely yours; you shall keep the credentials in secret. All actions taken under your Account will be attributed to you. You are responsible for all activities occurring under your Account.

Therefore, you are obliged to keep the credentials, which allow you to gain access to the Account, confidential and not to disclose it to anybody unless explicitly allowed by these Terms. You are solely responsible for any implications of compromising your credentials to the Account. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Account.

If you are a minor, you may share your Account only with your parents or legal representatives.

If you believe your Account has been compromised, please contact us at [email protected]. In case of gaining illegal access to your Account and taking over it by an unauthorized party, we do not provide any warranty that the Account will be returned to you. We disclaim all liability for any claims, damages, losses, costs, or expenses arising from unauthorized use of your Account.

2.4. We process your Account’s data. All information related to your Account will be processed in accordance with our Privacy Policy (link) and/or the privacy policies of the Third-Party Service (e.g., Apple or Google).

3. Use of our Services

3.1. For what you can use the Services. You acknowledge and agree that our Services and your Account are designed and intended for personal use on an individual basis for entertainment, non-commercial purposes.

You may not access or use our Services for any purpose other than that for which we make our Services available.

3.2. Specific Prohibitions. You acknowledge and agree that taking any of the following actions constitutes a material breach of these Terms of Service, and therefore, you MUST NOT:

1. Unauthorized Use or Access:

• Use our Services for purposes other than the purpose specified in clause 3.1. hereof.

• Resell, rent, lease, loan, sublicense, distribute, or transfer rights to our Services. This includes, but not limited to, prohibition to buy, sell, attempt to sell Accounts or in-app items for real money or equivalents, as well as prohibition to provide Accounts free of charge to other users temporarily or permanently

• Gain access to Accounts of other users.
• Attempt to bypass measures designed to prevent unauthorized access to our Services. This also includes a prohibition to connect to unauthorized servers which mimic the Game, as well as prohibition to gain access to the Services using any instruments or software unauthorized by us.

2. Modifications and Derivatives:

• Decipher, decompile, disassemble, or reverse engineer any part of the Services.
• Systematically retrieve data related to our Services to create a collection, database, or directory without our written permission.

• Make any copy, modification, adaptation, improvement, enhancement, translation, or derivative work of our Services.
• Use our Services for creating a competing or substitute product, service, or software.

3. Interference with Services:

• Circumvent, disable, or interfere with security features of our Services.
• Interfere with, disrupt, or create an undue burden on our Services or networks connected to them.
• Create, use or distribute cheats, exploits, macros, scripts, bots, mods, unauthorized automated systems (e.g., spiders, robots, scrapers) and any other software or hardware modifying or interfering to the functioning of the Services, which is not authorized by us.
• Upload or distribute files containing viruses, worms, trojans, or malicious programs.
• Gain an advantage through bugs or exploits.
• Use methods (e.g., signs) to make your nickname invisible or gain unfair advantages.
• Engage in framing, linking, or making our Services available on networks for multiple users without authorization.

4. Illegal or Unlawful Activities:

• Share or use our proprietary information or intellectual property to create unauthorized applications, accessories, or devices.
• Use our Services to advertise, solicit, or spam others, including chain letters and junk email.
• Engage in any action that conflicts with these Terms of Service or our Privacy Policy (link). This prohibition includes, but not limited to, prohibition to disseminate information on how to do actions which constitute the violation of these Terms (e.g., information about exploiting bugs, using of cheats), to be an accomplice of the user violating these Terms, support violating these Terms, etc.
• Use the Services (or its parts) for advertising, as a part of advertisements, or with advertisements in any form (video, links, banners, images, etc.) of any other third party, goods and services). This also includes a prohibition to use the Services (or any of its parts) with dedication, mentioning or promotion of the resources which are fully or partially related to violation of these Terms (e.g., marketplaces or sites for selling in-apps or Accounts, etc.).
• Use our Services in any way inconsistent with applicable laws or regulations (e.g., using or supporting drugs, gambling, thefts, violating of our rights or rights of any third party, etc.).

5. Disrespect for Others and the Services:

• Discredit players (e.g., by creating fake accounts or mimicking other users with your Account).
• Upload, transmit, or generate content that is hateful, libelous, abusive, obscene, pornographic, or otherwise offensive (including, but not limited to, in your nickname).
• Use language or content that is racist, sexist, discriminatory, abusive, obscene, or disruptive.
• Threaten, harass, or disparage others or harm our Services’ reputation.

3.3. What you may report to us. You can report information shared in any manner by users of our Services, including but not limited to:

1. Discriminatory, hateful, violent, bullying, or harassing information.
2. Information that glorifies violence, self-harm, or harm to others.
3. Encouragement of illegal activities such as drug trafficking, hacking, or criminal behavior.
4. Information violating intellectual property rights, including copyright infringement, plagiarism, or unauthorized use.
5. Sexually explicit or adult information.
6. Deceptive or false election-related information.
7. Dissemination of false information, misinformation, or conspiracy theories.
8. Information intended to deceive, scam, or distribute malware or spam.

3.4. What you must do when using the Services. You MUST:

1. Access and use our Services fairly and respectfully.
2. Respect all individuals, including users of our Services, community members, our personnel, and anyone else associated with our Services, at all times.
3. Keep your Account and the device you use to access our Services secure.
4. Report any discovered bugs or exploits immediately.
5. Stay updated with all patches and updates.
6. Comply with these Terms of Service.
7. Comply with all applicable laws and regulations.
8. Monitor how our Services are used and to report any misuse of our Services or any information which is inconsistent with these Terms and is accessible via our Services.

3.5. We may block your Account if you breach the Terms. Any breach of your obligations stated in this Section, or any breach of any other obligation of yours under these Terms of Service, will result in the immediate termination of your license to access and use our Services.

3.6. Other remedies in case of a breach of the Terms. Violating any of these Terms of Service may result in temporary or permanent restrictions being applied to your Account. Specific measures (including but not limited to type of Account restrictions and content remedies), which apply in case of violations of these Terms, may be determined and implemented by us at our sole discretion.

We may, in our sole discretion, suspend or terminate your access to the Service at any time without notice.

3.7. How to report a violation. To report any violation of the Terms of Service, please contact us at [email protected].

4. Communication in our Services 

4.1. General. Our Services may provide you with functionality to communicate with other users. Every act of communication, including via text-chat, voice-chat, server name or nickname, must be compliant with the Terms of Service and applicable laws and regulations.

4.2. Be careful with communicating info to other users of the Services. We do not control the process of your information by other users to whom you communicated such information. When you disclose, share, or transmit any information to others in any manner, you acknowledge that others may use that information globally and in any form.

If you do not want others to have such capabilities, please refrain from communicating with other users through our Services. We encourage you to communicate with others carefully and, also, think of your safety and security first.

There is always a risk that someone may communicate with you under false pretenses or with malicious intent. We encourage you to be discreet about any information you choose to share unless you are confident in the identity of the other user.

In case of any problem or concern:

• notify your parent or legal guardian.
• contact us at [email protected].

4.4. We disclaim all liability for any claims, damages, losses, costs, or expenses arising from the functioning, access to, or use of the communication features of our Services.

5. Intellectual Property

5.1. IP to the Services is ours. We own all rights, title, and interest in and to our Services. All rights, titles and interest in and to parts of Services that are licensed to us, owned by their respective owners.

5.2. All rights reserved. All rights, title, and interest in and to our Services not expressly granted in these Terms of Service are reserved by HYPERHUG LTD.

5.3. Prohibitions in relation to our IP. Except as expressly permitted in these Terms of Service, you may not:

1. Copy, modify, or use otherwise the Services, or create derivative works from our Services and (or) do specified actions with such derivative works.
2. Download, display, or use any information from our Services in publications or public performances for commercial purposes.
3. Distribute, transfer, sublicense, lease, lend, or rent our Services (or tangible mediums containing it) to any third party.

5.4. Rights to UGC. You retain all rights, title, and interest in and to User Content you share within our Services.

User Content is all information protected under applicable intellectual property laws that you actively share in our Services, excluding the parts of such Content that contain our intellectual property.

5.5. You’re responsible for your UGC. You are solely responsible for the accuracy, content, and legality of User Content.

5.6. You license your UGC to us. By submitting, providing, or otherwise making User Content available to us, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, irrevocable and perpetual license to access, use, host, cache, store, reproduce, modify, create derivative works, transmit, display, disclose, publish, distribute and use in all other forms and by all other methods such User Content.

5.7. We may retrieve data from your activities in Services, and we own all right to it. You hereby irrevocably assign to HYPERHUG LTD all rights, titles, and interest in and to any aggregated statistics or data derived from your use of our Services (including, for example, compilations of User Content and aggregate user review ratings), as well as any reviews, feedback, suggestions, or ideas you provide about us or our Services (collectively, “User Derived Materials”).

If, for any reason, this assignment is not effective, you grant HYPERHUG LTD a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, irrevocable, and perpetual license to access, use, host, cache, store, reproduce, modify, create derivative works from, transmit, display, disclose, publish, and distribute the User Derived Materials.

5.8. No mention of You when we use your UGC or data retrieved from your activity. You agree and acknowledge that HYPERHUG LTD is not required to provide any attribution, notice, or other information regarding your copyright or other proprietary rights when using your User Content and User Derived Materials.

5.9. Your indemnification to us in case of your violations. You agree and acknowledge to indemnify HYPERHUG LTD and its successors, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, personnel, employees, agents, and representatives of each of them (collectively, “Protected Parties”) and hold HYPERHUG LTD and the Protected Parties harmless from any and all claims and expenses, including attorneys’ fees, arising from User Content and User Derived Materials and/or your failure to comply with these Terms of Service.

5.10. Your representations related to UGC or data retrieved from your activity. In connection with User Content and User Derived Materials, you affirm, represent, warrant and covenant that:

1. You have the written consent of each and every identifiable natural person in User Content and User Derived Materials, if any, to use such person’s name or likeness in the manner contemplated these Terms of Service, and each such person has released you from any liability that may arise in relation to such use;
2. You have obtained and are solely responsible for obtaining all consents as may be required by applicable law to submit any User Content and User Derived Materials relating to third parties;
3. User Content, User Derived Materials, and our use of them will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and rights related to personal data;
4. We may exercise the rights to User Content and User Derived Materials granted by you under these Terms of Service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

5.11. We may remove the UGC or data retrieved from your activity. We reserve the right, at our sole discretion, to remove User Content and User Derived Materials at any time, without notice, if we determine that they are objectionable (at our sole discretion) or in breach of these Terms of Service.

5.12. Exclusion of our liability related to UGC or data retrieved from your activity. We are not responsible for any User Content and User Derived Materials.

We disclaim all liability for any claims, damages, losses, costs, or expenses arising in any way from User Content or User Derived Materials.

6. Access to and use of Third-Party Services

6.1. General. Our Services may provide you with means (e.g., links, buttons, or functionalities) to access third-party websites, apps, or other products (collectively, “Third-Party Services”).

6.2. We have no responsibility for Third-Party Services. We do not control these Third-Party Services and are not responsible for any aspect of them. We do not endorse or make any representations regarding their reliability or quality, including whether these Third-Party Services are free of destructive elements (e.g., viruses, trojan horses or other relevant elements). We have no responsibility to ensure that Third-Party Services are available and contain relevant material.

6.3. Your acknowledgments related to Third-Party Services. You acknowledge that we may provide access to Third-Party Services to you only for your convenience. You acknowledge and agree that your access to and use of Third-Party Services is entirely at your own risk.

6.4. Your obligations related to Third-Party Services You should take necessary precautions when accessing Third-Party Services, including protecting your personal data. You have the responsibility to review any conditions of using Third-Party Services (e.g., conditions of privacy policies, terms of use, terms of service, end-user license agreements and other types of relevant documents) before using them.

6.5. Exclusion of our liability related to Third-Party Services. We disclaim all liability for any claims, damages, losses, costs, or expenses arising from your access and use of Third-Party Services.

7. Information in our Services

7.1. Use the Services at your sole risk. You acknowledge and agree that your access to and use of our Services and any information accessible via our Services is at your sole risk.  

7.2. No endorsement from us to any information available in Services. You acknowledge and agree that any information accessible through our Services does not reflect our views, opinions, or endorsements in any way.

7.3. Exclusion of our liability related to information available in Services. We disclaim all liability for any losses, damages, or adverse effects that may arise from your reliance on or use of any information accessible via our Services, including but not limited to misunderstandings, miscommunications, or offense taken from such information.

We disclaim all liability for any claims, damages, losses, costs, or expenses arising from errors, omissions, unintended technical inaccuracies, or typographical errors in our Services or any information accessible via our Services, as well as for any violations of ethical or moral standards applicable in your community.

7.4. In relation to certain information accessible via our Services, which are provided by other users or by Third-Party Services, we may be (under laws of certain jurisdictions) designated as an intermediary service, whose liability for violation of intellectual property rights or information regulations is subject to several conditions. We established procedures to promptly review claims related to such violations via our Services and take all reasonable remedies if applicable (see Section 12 of these Terms).

8. Payments and Refunds

8.1. We accept payments only through authorized partners. Our Apps may support in-app purchases. All in-app purchases are made exclusively through Third-Party Payment Processors (e.g., Apple Payments and Google Payments or any other service, which may be available at a certain distribution platform further).

We do not support payments through any other third parties.

If you complete a payment through a third party other than the authorized Third-Party Payment Processors, we disclaim all liability for any claims, damages, losses, costs, or expenses arising from the consequences of using any unauthorized third party, including, but not limited to, loss of money, loss of account access, or loss of its content.

8.2. You are obliged to keep payment data secure. You are responsible for keeping your payment data secure. This includes, but not limited to, the obligation of a parent or other legal representative to keep the payment credentials secure from an unintended use by a minor.

8.3. In-app purchases are non-refundable or exchangeable. By starting use of the Service, you consent that once you paid for any in-app purchase and we granted access to such in-app functionality purchased (e.g., in-app currency is placed to your account, etc.), you lose any right to withdraw from purchase made. You acknowledge such loss of withdrawal when making a payment and/or using in-app functionality purchased. Therefore, all your payments related to our Services are final and non-refundable or exchangeable, except as required by applicable law.

8.4. Refund via Third-Party Payment Processors as an exclusion. Notwithstanding the clause 8.3. above, you may request a refund from the relevant Third-Party Payment Processor in accordance with its refund policy. In certain cases, as a result of your actions related to refund mentioned, your balance of in-app currency may be negative (lower than zero). In such a case, we may deprive you of access to the Service (i.e., to ban your account in the Service) at our sole discretion in order to defend against abusive or fraudulent actions. Ban is contingent on a negative balance of in-app currency and may be lifted by replenishing your account with funds sufficient to make it equal to 0 or more of in-app currency (provided that there are no other grounds for blocking of your account in the Service).

8.5. We may block you in case of suspicious activity. We reserve the right to suspend or terminate your access to the Service if we detect any fraudulent, abusive, unauthorized, or other suspicious activities to prevent abuse.

9. Access and use by children

9.1. We have measures to restrict access by children. We have implemented security measures to restrict the use of our Services by children.

Any attempt to bypass these safety measures constitutes a severe breach of these Terms of Service and will result in the immediate termination of your license to access and use our Services.

9.2. REMOVAL OF INFO THAT VIOLATES CHILDREN’S RIGHTS AND INTERESTS. INFORMATION ACCESSIBLE VIA OUR SERVICES SHALL NOT INCITE, INDUCE, OR OTHERWISE PROMOTE ANY INAPPROPRIATE BEHAVIOR OR ACTIVITY THAT VIOLATES THE RIGHTS OR INTERESTS OF CHILDREN. IF WE AWARE OF SUSPICION OF PRESENCE OF SUCH INFORMATION, WE WILL INVESTIGATE IT AND, IF SUCH INFORMATION IS PRESENT, TAKE ALL REASONABLE MEASURES TO REMOVE IT FROM OUR SERVICES.

9.3. Prohibition of grooming of children. HYPERHUG LTD prohibits the grooming of children using our Services, defined as a set of actions aimed at establishing a connection with a child to lower the child’s inhibitions in preparation for sexual abuse, trafficking, other exploitation or suicide.

9.4. Steps in case a child is groomed. If you believe that a child is in danger of or has been subject to abuse, exploitation or been trafficked, contact your local law enforcement immediately.

If you have already made a report to law enforcement and still need help, or you have concerns that a child is being or was endangered using our Services, please contact us at [email protected].

10. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

10.1. How we solve disputes. You and we shall make every effort to promptly resolve, through good-faith negotiations, any dispute, claim or controversy arising out of or relating to these Terms of Service, including those concerning its performance, breach, termination, or invalidity.

10.2. Class actions and similar actions are not allowed. You and we will not without the consent of both parties:

• seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
• consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms of Service.

Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

11. Liability and Indemnity

11.1. Exclusion of our liability for indirect damages to you. HYPERHUG LTD and the Protected Parties are not responsible for indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, lost profits, lost goodwill, lost data, or any other intangible losses related to your access or use of our Services or these Terms of Service, regardless of how the claim arises and even if HYPERHUG LTD and the Protected Parties have been told such damages were possible.

11.2. Limitation of our liability related to the Terms as a whole. Our total liability to you for all claims related to your use of our Services is limited to the amount you actually paid us for that use, but in any way not more than 100 US Dollars or equivalent in other officially recognized state currency. This limitation is a fundamental part of our contract with you.

11.3. Your indemnification to us. You agree to protect, defend, and hold harmless HYPERHUG LTD and the Protected Parties from any claims, losses, damages, or expenses (such as reasonable attorneys’ fees) arising from:

• Your use of our Services.
• Your User Content and User Derived Materials.
• Your violation of these Terms of Service.
• Your violation of any laws or regulations.

11.4. We may control the defense against all claims subject to your indemnification to us. If a claim arises for which you must indemnify HYPERHUG LTD and the Protected Parties, we may choose to defend that claim. You will cooperate fully and will not settle without the written consent of HYPERHUG LTD and the relevant Protected Parties.

11.5. Cumulative remedies. The rights and remedies provided hereby are cumulative and do not exclude any other rights and remedies provided by the Agreement or by law.

12. Copyright notice and takedown procedures

12.1. Takedown procedure. If you believe that any materials accessible on or through our Services infringe your copyright or other legislation of a country of your residence, you may request their removal from our Services or the removal of access to them via our Services.

Please contact us at [email protected] and provide us with the following information:

1. For copyright violations: identification of the copyrighted work you believe to be infringed: describe the work, and, where possible, include a copy or the location of an authorized version of the work. For other violations: identification of legislative materials that prohibit dissemination of the infringing material at issue.
2. Identification of the allegedly infringing material and its location: describe the material and provide any other pertinent information that will help us locate it.
3. Your contact information, including your name, address, telephone number, and, if available, email address.
4. A statement of good faith: a statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
5. An accuracy and authority statement: a statement that the information provided is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or electronic signature of the copyright owner or authorized representative.

12.2. Additional remedies in case of an infringement. To protect the rights of copyright owners, we maintain a policy to terminate the license to access and use our Services for anyone involved in an infringement.

13. Characteristics of these Terms of Service

13.1. Law governing these Terms and jurisdiction. To the fullest extent permitted by applicable law, these Terms of Service shall be governed by the laws of the Republic of Cyprus (to the exclusion of its conflict of law rules). If the dispute arises between us and it is not resolved through amicable settlement, the Parties agree to submit the dispute to state courts of Cyprus. Nothing in these Terms shall affect any rights you may have as a consumer under the laws of your country of residence.

13.2. We and you are independent parties. The relationship between you and HYPERHUG LTD is that of independent contracting parties, and nothing in these Terms of Service will be construed to designate either party as an agent of the other. Without limiting the foregoing, neither party will have the authority to act on behalf of or bind the other party in any way, including making representations, warranties, or executing agreements. These Terms of Service do not create an association, joint venture, or partnership, nor do they impose any partnership obligations or liabilities on any party.

13.3. We may assign our rights under these Terms to third parties. We may, at our sole discretion and without any notice to you, assign our rights and obligations under these Terms of Service to any of our affiliates, subsidiaries, parent companies, joint ventures, successors, or other related entities. Such assignments will not affect your rights or obligations under these Terms of Service.

13.4. These Terms are the entire agreement between you and us. These Terms of Service, along with any documents or information referenced herein, constitute the entire agreement between you and HYPERHUG LTD relating to the subject matter contained within. All other communications, proposals, or representations with respect to the same subject matter are excluded.

13.5. No waiver by our actions. No waiver by HYPERHUG LTD of any term or condition set forth in these Terms of Service shall be deemed a continuing waiver of such term or condition, nor shall it be deemed a waiver of any other term or condition. Any failure by HYPERHUG LTD to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No waiver of any provision hereof shall be valid unless set forth expressly in a written form and signed by us. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair our rights granting such waiver in any other respect or at any time.

13.6. Severability. If, for any reason, an arbitrator, arbitral tribunal, or court of competent jurisdiction finds any provision of these Terms of Service, or any portion thereof, unenforceable, that provision shall be enforced to the maximum extent permissible to reflect the intent of these Terms of Service. The remainder of these Terms of Service shall continue in full force and effect. A printed version of these Terms of Service shall be admissible in arbitral, judicial, or administrative proceedings.

14. Amendment of these Terms of Service

14.1. We may change the Terms at any time. We reserve the right to change these Terms of Service at any time at our sole discretion.

We’ll strive to notify you about significant changes through our Services notifications, or your email address associated with your Account.

Any other minor changes may be notified to you only by updating the “Last updated” date of these Terms of Service. You waive any right to receive specific notice of each such change.

Notwithstanding the foregoing, it is your responsibility to regularly check amendments to these Terms and stop using our Services if such amendments are not acceptable for you.

14.2. When changes to the Terms enter into effect. Once we change these Terms of Service, the updated version will become legally binding on you immediately after it is posted online, unless otherwise stated in these Terms of Service.

If some changes to these Terms of Service require prior notice for their validity, those changes will take effect only after the expiration of the notice period required by these Terms of Service and applicable laws and regulations.

If you are located in a jurisdiction that requires prior notice of changes for them to be valid, the changes will take effect only after the expiration of the notice period required by the applicable law of your specific jurisdiction.

For purposes of this clause, the prior notice is deemed to be communicated to you since the updated version of these Terms is posted online at address specified above.

14.3. If you do not agree with changes to these Terms. If you do not agree to the changes in these Terms of Service, regardless of whether you notify us at [email protected], we shall cease accessing and using our Services.

It is essential that all users follow the same rules. Therefore, we encourage you to reach out to us with any questions or concerns at [email protected].

14.4. If you continue to use the Service once the Terms are changed. Your continued use of our Services after the effective date of an updated version of these Terms of Service will expressly indicate your acceptance of these Terms of Service as modified.

15. Termination of these Terms of Service

15.1. Termination leads to blocking of access to the Services. The termination of these Terms of Service results in the cessation of your access to our Services and the deletion of your Account as prescribed by this section.

15.2. We have the right to terminate. We reserve the right to terminate these Terms of Service at any time, at our discretion and without prior notice to you and without liability, if we have reason to believe that your access and use of our Services violate these Terms of Service, pose risks to our rights and interests, or infringe applicable laws and regulations.

15.3. You have the right to terminate. You have the right to terminate our Terms of Service at any time by contacting us at [email protected]. Implications related to erasure of data related to your Account are governed by our Privacy Policy (link). You are allowed to terminate the Terms only in full, with regard to all Services at once. In case you resume to use any of our Service, you expressly agree to renew the Terms, provided there are no grounds for termination of the Terms by us.

15.4. Survival of certain provisions. Upon termination of these Terms of Service, all provisions of these Terms of Service that by their nature, should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.

16. Contact information

16.1. Contact details. If you have questions or comments about these Terms of Service and our Privacy Policy (link), you may contact us at [email protected].

16.2. Rules on communication between you and us. When you contact us, we expect our staff to be polite and respectful. We expect the same of you. If you are rude to or abuse or threaten our staff, we may restrict you to contacting us by email or refuse to support you any further. If your behavior suggests a risk to our staff, our community, or our business, we may escalate the matter to law enforcement. It is also prohibited to communicate with us in other undue forms (spam, false messages or other communication, which is objectionable in our opinion). It is prohibited to disseminate confidential or personal information provided by us to you during communication via our contact details.

17. Referral Program

17.1. General provisions about referral program. We may establish referral programs under which we may grant in-game rewards for performing certain actions (the “Referral Program”). In-game rewards are non-monetary and have no equivalent value in real currency. They cannot be exchanged for cash, or any goods or services and do not constitute a form of payment.

17.2. Purpose and conditions of participation. The Referral Program is solely a marketing activity aimed at increasing awareness of HYPERHUG LTD and the Services, enhancing user loyalty, and improving brand recognition. Participation in the Referral Program is entirely voluntary and available for every user complying with these Terms. You may choose not to participate or to stop participation in the Referral Program at any time.

17.3. Additional terms of the Referral Programs. Detailed terms of the Referral Program for the specific Service, including reward accrual conditions, reward amounts, and payout timelines, are provided and currently available at the following links:

• https://hyperhug.io/referral.html
• https://oxi.de/support/

HYPERHUG LTD reserves the right to modify, suspend, or terminate any Referral Program at any time without prior notice by publishing updated information in the above links. Any changes take effect upon publication and apply to all in-game rewards that are due for payout from the moment of publication.

17.4. Abuse of Referral Programs is prohibited. Any fraudulent activity aimed at obtaining rewards through the Referral Program is strictly prohibited. This includes, without limitation, creating fake or duplicate accounts for the purpose of receiving rewards, artificially inflating referral statistics, misrepresenting your identity or the identity of referred users, using automated scripts or bots to generate referrals, or engaging in any other manipulative behavior intended to exploit the Referral Program.

17.5. We have the right to refuse to grant rewards. We have the right to refuse to grant rewards under the Referral Program if any suspicious or unlawful activity is detected on your part, as well as if you violate these Terms.

17.6. If referrals are regulated in your country, you’re obliged to comply with such rules. You acknowledge that publishing information about HYPERHUG LTD publicly may be subject to advertising regulations in certain jurisdictions. You agree to independently comply with all applicable advertising laws in your own country. In case of failure to comply with such obligations, you shall indemnify HYPERHUG LTD for any losses arising from the violation of applicable legislation.