Termsof Service

These Terms of Service (the “Terms”) are a contract between HYP3 LABS, LLC. dba HYP3.gg and its affiliates (“HYP3,” “Company,” “we,” “us”) and you (“you,” “your,” or “User”). They explain how you may use our websites and apps, our related online properties, and any software we provide (collectively, the “Site”), as well as all content, data, analytics, software, graphics, and other materials made available through the Site, plus any services we offer (together, the “Service”).

IMPORTANT — PLEASE READ. By agreeing to these Terms—or by accessing the Site, creating an account, making a purchase, downloading or using our apps, submitting information, or otherwise using any part of the Service—you confirm you’ve read and accept these Terms. If you don’t agree, do not use the Service.

These Terms include a dispute resolution and arbitration provision (see Section 18) and a class action waiver, to the extent permitted by your jurisdiction.

(a) Updates to these Terms.

We may change these Terms at any time by posting the revised version on the Site and, where required, providing notice or requesting your explicit consent. If you don’t agree to the updated Terms, you must stop using the Service. Your continued use after posting means you accept the changes. Unless the law requires otherwise, updates are effective upon posting.

(b) Changes to the Service.

We may add to, modify, or remove features of the Service at any time without notice. If you object to changes, your sole remedy is to stop using the Service. We may also discontinue the Service or any part of it without liability to you.

(c) Paid subscriptions.

If you’re on a paid plan and we change pricing, these Terms, or the relevant features, we’ll notify you as described in 1(a). Changes take effect after your current term ends or at your next renewal. If you don’t agree, you can cancel before renewal (see Section 6(e)).

(d) Additional Terms.

Some features may come with their own terms (“Additional Terms”). By using those features, you agree to the Additional Terms, which control in the event of a conflict with these Terms.

Please review our Privacy Policy at https://hyp3.gg/privacy for details on how we collect, use, and share information. The Privacy Policy is incorporated into these Terms.

By using the Service, you represent that you’re at least 18 years old (or of legal age to form a contract where you live). If you’re under that age, you must have consent from a parent or legal guardian. Parental control tools are commercially available to limit access to content that may be harmful to minors.

If you accept these Terms on behalf of a company or organization, you warrant that you have legal authority to bind that entity. If you aren’t authorized, you agree to be personally responsible.

Your right to use the Service depends on your ongoing compliance with these Terms and applicable law. If you breach these Terms, your access may end immediately, in addition to any other remedies we have.

The Service is a cloud-based platform that lets you purchase and manage digital collectibles and/or other intangible assets (see Section 8) and, where applicable, move them to third-party accounts (see Section 9). These Terms apply to all visitors and registered users. The Service is licensed—not sold—to you.

Subject to your compliance with these Terms, HYP3 grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service only for your own individual, non-commercial purposes. All other rights are reserved by HYP3 and its licensors. If you are prohibited by law from using the Service, you may not do so. Your use does not create any agency, partnership, joint venture, employment, franchise, or other relationship with HYP3.

(a) Visitors and Registered Users.

You can browse some areas of the Site without an account. To access additional features, you must register an account (“Registered User”).

(b) Registration Data.

You agree to provide true, accurate, current, and complete information during sign-up and to keep it updated. If we believe your information is inaccurate or incomplete, we may suspend or terminate your account. You’re responsible for all activity under your account. Do not share your password. Report any unauthorized use to support@hyp3.gg immediately. You remain responsible for activity performed with your credentials.

(c) Account Management.

Don’t create an account using false information or more than one account. We may require a username change or reclaim a username or affiliate code at any time (e.g., due to a third-party rights claim). Don’t register on behalf of another person or entity unless you’re authorized to bind them to these Terms. If you’ve been removed or banned, you may not re-register.

(a) Free accounts.

Creating a basic account is free. The rights associated with your account are personal and non-transferable. You can cancel at any time via settings or by emailing support@hyp3.gg.

(b) Paid subscriptions.

We may offer paid plans with premium features (“Subscription”). Your plan and initial term appear at checkout. If a free trial is offered, billing begins when the trial ends unless you cancel. Subscriptions automatically renew unless canceled (see Section 6(d) and 6(e)). For termination, see Section 14 of your broader terms set.

(c) Pricing.

We may change plans and prices. New pricing applies after your current term ends. Check the Site for the latest offerings. Upgrades/downgrades may change your fees.

(d) Automatic renewal.

To keep your access uninterrupted, Subscriptions renew automatically for successive terms equal to your initial term. We’ll charge your saved payment method for the then-current fee and taxes unless you cancel before renewal. If we announce a price change and you don’t cancel within the notice window, your plan renews at the new price.

(e) Cancellations.

You can cancel anytime, effective when your current term ends. Subscription fees are non-refundable (unless required by law). If you need help, contact support@hyp3.gg.

(a) Fees and payment.

If you buy anything through the Service (single purchase or subscription), you agree to pay all applicable fees and taxes and authorize us to use third-party processors for billing. We may invoice in advance. Non-payment may result in suspension or termination. We may charge any overdue amounts to your payment method or invoice you.

(b) Automatic billing and usage limits.

Subscriptions bill automatically until you cancel. Some offerings include usage limits; if you exceed them, we may charge for overages or request you upgrade.

(c) Payment method authorization.

You authorize recurring charges to your selected payment method per your Subscription. Payment processors may impose additional terms. If you fail to pay, amounts may accrue interest at the maximum rate allowed by law.

(d) Taxes and additional fees.

You’re responsible for all taxes and any bank/transfer fees. If we receive less than the full amount, we may invoice the difference. You agree to pay reasonable collection and legal costs on past-due amounts.

(a) Intangible assets and credits.

You can buy intangible assets and credits. By purchasing, you authorize us to charge your payment method for fees and taxes.

(b) Referral program and rewards.

We may offer credits or rewards (“Rewards”).

(c) The Marketplace.

Our Marketplace enables acquisition and exchange of eligible items (including tangible and digital collectibles) using items already in your account inventory, fiat or crypto currency. Tangible cards acquired via the Marketplace are shipped under our Shipping & Return Policy at https://hyp3.gg/shipping. We don’t control user-to-user conduct; interactions and exchanges are solely between the users involved.

You may link certain third-party accounts (e.g., gaming or social platforms). Data shared from those accounts is governed by your settings and the third party’s policies. Your relationship with third parties is governed solely by your agreements with them. We’re not responsible for their practices.

The Service may link to third-party websites. Those sites have their own terms and privacy policies. We don’t endorse or control them and aren’t liable for your use of those properties.

The Service—including all features, functions, text, graphics, software, imagery, audio/video, data, design, and overall look and feel—is owned by HYP3 or our licensors and protected by intellectual property laws. Other than the limited license in Section 4, no rights are granted. Unauthorized use may violate these Terms and the law.

We do not claim ownership of any intangible assets you acquire through the Service. If you provide ideas, suggestions, or other feedback (“Feedback”), you agree it’s non-confidential. You assign (or where assignment isn’t possible, license) to us all rights needed to use your Feedback worldwide, without payment or attribution.

You agree not to use the Service to:

Break any law or regulation;

Harass, threaten, stalk, or harm anyone;

Impersonate another person or misrepresent your identity;

Copy, distribute, or exploit Service content or materials without authorization;

Bypass or interfere with security or access controls;

Remove or avoid copyright, trademark, or other protection measures;

Use robots, crawlers, scrapers, or other automated tools that place (in our discretion) an unreasonable load on our systems;

Upload malware or otherwise disrupt the Service;

Mirror, frame, deep-link, or scrape content without permission;

Collect personal information or solicit commercially without consent;

Reverse engineer, decompile, or create derivative works from the Service;

Post unlawful, offensive, or harmful content;

Infringe another’s intellectual property or other rights;

Promote illegal activity, scams, spam, unauthorized promotions, unlawful contests, lotteries, gambling, or pyramid schemes;

Create multiple or duplicate accounts to evade limits or abuse referral programs;

Harm or exploit minors;

Engage in any other conduct we deem objectionable or that exposes HYP3 or users to risk.

(a) User Submissions

If user-generated content is enabled, you may submit reviews, comments, images, or other materials (“User Submissions”). You must own your content or have permission to post it, and it must not violate any law or rights of others.

You retain ownership, but by posting you grant HYP3 and our designees a worldwide, royalty-free, transferable, sublicensable license to use, reproduce, host, store, modify, adapt, publish, translate, distribute, publicly perform/display, and create derivative works from your User Submissions for any lawful purpose, without notice or compensation. To the extent permitted by law, you waive moral rights.

We may (but need not) monitor, edit, or remove User Submissions at our discretion. User Submissions don’t reflect our views; you are solely responsible for what you post. We are not liable for User Submissions or any consequences arising from them, and we may delete User Submissions after the Service ends. You may encounter content you find offensive or inappropriate; we are not responsible for your exposure to such content. Do not share sensitive personal information publicly.

(b) User Interactions

You’re solely responsible for your interactions with other users and assume all related risks. We are not liable for disputes between users and may limit connections, restrict access, or intervene at our discretion. You agree to cooperate with investigations of suspected misconduct.

If you have a dispute with another user, you release HYP3 from claims or damages arising from that dispute. California residents: You waive California Civil Code § 1542, which states:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

We respect IP rights and expect you to do the same. Our policy is to remove infringing content, suspend access to the Service (or portions of it) for users who infringe, and terminate repeat infringers where appropriate.

DMCA Notices. In accordance with 17 U.S.C. § 512, send written notices of alleged copyright infringement to our agent:DMCA Agent — legal@hyp3.gg

Your notice must include:

Your physical or electronic signature;

Identification of the copyrighted work (or representative list) claimed to be infringed;

Identification of the material claimed to be infringing and information reasonably sufficient to locate it;

Your contact information (postal address, phone, and email);

A statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law;

A statement that the information in the notice is accurate; and

A statement, under penalty of perjury, that you’re authorized to act on behalf of the owner.

Counter-Notification. If your material was removed pursuant to a valid DMCA notice, you may submit a counter-notice to the same agent including:

Identification of the material removed or disabled and where it appeared before removal;

A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled due to mistake or misidentification;

Your name, physical address, phone number, and a statement consenting to the jurisdiction of (i) the federal court for your district, or (ii) if outside the U.S., any judicial district where HYP3 may be found, and that you’ll accept service of process from the original complainant or their agent.

Repeat Infringers. We may terminate accounts or access for users subject to repeated DMCA or other valid IP complaints.

These Terms begin when you first use the Service and continue until you or we terminate. You may terminate anytime by closing your account (via settings) or emailing support@hyp3.gg.

We may suspend or terminate your account or access at any time and for any reason, including violations of these Terms. Upon termination, all licenses end; we may delete your account and related content (including User Submissions); and you must destroy any downloaded materials. We are not liable for losses from suspension or termination. Provisions that by their nature should survive (e.g., ownership, disclaimers, limitations of liability, indemnities) will survive.

If your account includes intangible assets, termination isn’t effective until you dispose of them as outlined in our Purchase Terms. For subscription cancellations, see Section 6.

You use the Service at your own risk. The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, or arising from course of dealing/usage. We do not warrant that the Service will be uninterrupted, secure, or error-free; that defects will be corrected; or that the Service is free of viruses or harmful components. We make no guarantees about the accuracy, completeness, usefulness, or results of the Service or Materials. We may remove content at any time without notice.

We’ll try to process requests related to intangible assets promptly, but we do not guarantee timelines, especially where third-party systems (marketplaces, payment processors, external services) are involved.

To the maximum extent permitted by law, HYP3 is not liable for any indirect, incidental, consequential, special, punitive, or similar damages (including lost profits, lost data, business interruption, or other intangible losses) arising out of or relating to these Terms or the Service, whether based in contract, tort, or any other theory, and even if advised of the possibility of such damages.

In all cases, our total liability to you for claims arising out of or related to these Terms or the Service will not exceed the greater of: (A) the amounts you paid to HYP3 in the three (3) months before the event giving rise to the claim; or (B) USD $100.

If applicable law limits our ability to disclaim warranties or limit liability, our obligations will be the minimum required by law.

You agree to indemnify and hold harmless HYP3 and our affiliates, officers, employees, agents, partners, and licensors from any losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Submissions; (b) your use or inability to use the Service; (c) your breach of these Terms; (d) your violation of others’ rights; or (e) your violation of law. We may assume exclusive defense and control of any matter otherwise subject to indemnification; you agree to cooperate. These obligations survive termination.

(a) Governing Law & Venue.

These Terms are governed by the laws of the State of Washington, excluding conflict-of-laws rules. Except as prohibited by law or otherwise agreed, claims must be brought in state or federal courts located in Washington, and you consent to their personal jurisdiction—subject to the arbitration terms below.

(b) Pre-Arbitration Notice.

Before seeking arbitration, the initiating party must send a written Notice of Dispute describing the claim and requested relief. If not resolved within 30 days after receipt, either party may commence arbitration.

(c) Arbitration.

To the extent permitted by law, HYP3 may elect binding arbitration (including non-appearance-based). You may pursue qualifying claims in small-claims court. You may opt out of arbitration within 30 days of first consenting to these Terms by mailing written notice to: HYP3 Labs, LLC. If HYP3 elects arbitration, it will be administered by the AAA or another reputable ADR provider selected by HYP3, under these rules: (i) conducted by phone, online, and/or written submissions (initiating party chooses); (ii) no in-person appearance unless both parties agree (if so, venue is King County, Washington); and (iii) any award may be entered in a court of competent jurisdiction. Arbitration excludes claims for injunctive or equitable relief. The U.S. Federal Arbitration Act applies.

(d) Jury Trial Waiver.

Except where prohibited, you waive the right to a jury trial in any litigation related to these Terms (including actions to enforce/vacate an award).

(e) Class Action Waiver.

Except where prohibited, claims must be brought individually—not as a class member or representative. Consolidated, class, or representative actions are not permitted.

By using the Service, you consent to receive electronic communications from HYP3 (emails, in-app notices, Site postings). Such communications satisfy legal requirements for written notices. You must provide a current, valid email address. We are not responsible for emails blocked by filters or settings.

We may offer AI-powered chat to answer questions. Chat outputs are not legal, financial, or official statements and may not reflect our latest policies. For binding information, rely on official documentation or contact us directly. By using the chatbot, you acknowledge we’re not responsible for actions taken based on chatbot responses.

Under California Civil Code § 1789.3, California users may contact us with questions or complaints at support@hyp3.gg (Attn: Customer Service). You may also contact the Complaint Assistance Unit of the Division of Consumer Services, Department of Consumer Affairs, 1625 North Market Blvd., Sacramento, CA 95834; (916) 445-1254 or (800) 952-5210; TDD (800) 326-2297 or TDD (916) 322-1700.

These Terms, the Privacy Policy, and any applicable Additional Terms are the entire agreement between you and HYP3 regarding the Service, superseding prior agreements. Our failure to enforce any provision isn’t a waiver. If any provision is found unenforceable, the remainder remains in effect. You may not assign these Terms; any attempted assignment is void. We may assign without restriction.

Questions about these Terms? Contact support@hyp3.gg.