Terms and conditions

TERMS AND CONDITIONS

!Please read these Terms and Conditions carefully before using HyperOne!

These Terms and Conditions have been updated on July 21st, 2025

Welcome to the Website https://hyperone.pro/en/ (the “Website”) where You can access Our services (the “Service”)!

These Terms and Conditions constitute a binding legal agreement between You and HyperOne, a company H-AFF HYPER SOLUTIONS LTD, registered in Cyprus, with its registered address at Agias Faneromenis, 143-145 PATSIAS COURT, Flat/Office 201, 6031 Larnaca, Cyprus (“HyperOne”, “We”, “Us”).

By accessing and/or using the Website and/or giving your Consent by ticking the respective box when You access the Website and/or using the Website through any mobile phone, tablet, computer, or another device, you as a user (“You”, “User”, or “Your”) of the Website, confirm that You have read, understand, and agree to be bound by these Terms and Conditions, and Our Privacy Policy, which are incorporated by reference into this Agreement (collectively, this “Agreement”), and any other related documents, policies, terms and conditions, and applicable law.

HyperOne may change these Terms and Conditions at any time without notice, effective upon their posting to the Website. Continued access to or use of the Website will be deemed Your acceptance of the revised Terms and Conditions. We may notify You about the updates to these Terms and Conditions but We assume no obligation for such notification. Therefore, We encourage You to periodically check these Terms and Conditions for any updates.

If You disagree with these Terms and Conditions, please do not use the Website and/or Service.

1. SCOPE OF SERVICES

1.1. Using the Website, the User can access Our Service provided in relation to the Customer Relationship Management (CRM) system designed to facilitate the automated distribution of leads (contact submissions) among third-party advertisers associated with the User. The primary function of the Service is to streamline and manage the allocation of such leads in accordance with parameters set by the User through the Website.

2. USE OF THE WEBSITE; UNAUTHORIZED USE

2.1. You expressly accept that the use of the Website and Service will be carried out under Your sole and exclusive responsibility.

2.2. You represent and warrant that You are at least 18 (eighteen) years of age. If You are under the age of 18 (eighteen) years, then You may not, under any circumstances or for any reason, use the Website and Service. If Your country of residence has the age of majority and legal consent requirements more or less restrictive than those outlined in these Terms and Conditions, You must comply with the requirements of Your country of registration.

2.3. We may, at Our sole discretion, refuse to offer the Website and Service to any person or entity and change the eligibility criteria for using the Website and Service at any time. The right to access the Website and Service is revoked where these Terms and Conditions or use of the Website and Service is prohibited or to the extent offering, sale, or provision of the Website and Service conflicts with any applicable law, rule, or regulation. Further, the Website and Service is offered only for Your use and not for the use or benefit of any third party.

2.4. You are solely responsible for Your interaction with others using the Website and Service, and other third parties that You come in contact with through Our Website and Service.

2.5. You shall not use the Website and Service in any way, or submit to Us or to the Website and Service anything that in any respect:

• 2.5.1. is a breach of any law, statute, regulation, or by-law of any applicable jurisdiction;
• 2.5.2. is fraudulent, criminal, or unlawful;
• 2.5.3. is inaccurate or out-of-date;
• 2.5.4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, or political;
• 2.5.5. impersonates any other person or body or misrepresents a relationship with any person or body;
• 2.5.6. may infringe or breach the copyright or any intellectual property rights (including, without limitation, copyright, trademark rights, and broadcasting rights) or privacy or other rights of Us or any third party;
• 2.5.7. may be contrary to Our interests;
• 2.5.8. is contrary to any specific rule or requirement that We stipulate on the Website and Service in relation to a particular part of the Website and Service, or the Website and Service generally;
• 2.5.9. involves Your use, delivery, or transmission of viruses or anything likely intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

2.6. When browsing and using the Website and Service, You agree not to carry out any conduct that could damage the image, interests, or rights of HyperOne or third parties, nor actions that could damage or render the Website and Service unusable, or that in any other way could prevent the normal operation of the Website and Service. Specifically, You agree to:

• 2.6.1. Make diligent, correct, and lawful use of the Website and Service, respecting the current legislation and, in particular, that relating to intellectual and industrial property;
• 2.6.2. Periodically review these Terms and Conditions, checking the changes that, where appropriate, HyperOne had implemented;
• 2.6.3. Not to use the Website and Service for commercial purposes, for example, collecting information or content to provide other services that may be a competition to HyperOne;
• 2.6.4. Not to modify or try to modify the Website and Service, or take actions aimed at copying or simulating its appearance or functions;
• 2.6.5. Not to carry out actions that involve the introduction of computer viruses, worms, Trojans, or any other kind of malicious code intended to interrupt, destroy, or limit the operation of the Website and Service;
• 2.6.6. Not to remove or modify any copyright notices, restrictions, or proprietary marks of any kind of Us or Our licensors;
• 2.6.7. Not to use reverse engineering techniques and/or decipher, decompile, or use any other system intended to know the source code of the Website and Service, or any element protected by intellectual property regulations;
• 2.6.8. Not to interfere with or disrupt the Website and Service, or any network, server, or similar infrastructure connected to the Website and Service, or disobey any requirements, procedures, policies, or regulations of the foregoing, including via a denial of service attack or a distributed denial of service attack, or any other attack or interference of any nature, or using any device, software, or routine;
• 2.6.9. Not to probe, scan, or test the workload or performance indicators or vulnerability of the Website and Service, or any network, server, or similar infrastructure connected to the Website and Service, including the security structure thereof.

2.7. This list of unauthorized, prohibited uses and rules of conduct is not meant to be exhaustive. We reserve the right to determine what conduct We consider to be a violation of or improper use under these Terms and Conditions and the appropriate action to take.

2.8. We may update, modify, or eliminate the content of the Website and Service, or limit and/or prevent access to it at any time and without prior notice.

2.9. If We ascertain or receive information from third parties or law enforcement officials of any of the above-listed prohibited uses or other unlawful uses on Your behalf, We may terminate Your access to the Website and Service due to Your breach of these Terms and Conditions and You shall forfeit any right to any refund or reimbursement of damages due to such termination. You agree to reimburse Us for any expenses or costs, including consequential damages We or anyone else may have or may incur as a result of such a breach or unlawful act.

2.10.  Except as expressly stated in these Terms and Conditions, We make no representations or warranties that Your use of the Website and Service is appropriate in Your jurisdiction. Other than as indicated herein, You are responsible for Your compliance with any local and/or specific applicable laws as applicable to Your use of the Website and Service.

3. REGISTRATION: PERSONAL ACCOUNT

3.1. Access to the Service is granted exclusively by HyperOne’s authorized personnel. Registration is not publicly available. Corporate clients shall receive access credentials to a master account (“Master Account”) following direct communication with Our management team. Upon receiving access, the designated User may create and manage individual user accounts within the corporate structure, subject to the limitations set forth herein.

3.2. External self-registration is disabled. All accounts must be created manually and directly within the Website by Our authorized personnel. Only the designated User of the Master Account may initiate the creation of additional User accounts under their assigned company profile. Each User account is a separate, individual entity legally and functionally bound to the respective User. Once issued, an account remains the sole property of the respective User, regardless of which designated User issued it.

3.3. A User may hold multiple roles within a single organization and may be granted access to multiple companies’ profiles under different roles. Access between companies is administered via email-based invitations, subject to the receiving company’s approval. These cross-company accesses are governed by the permission structure defined by each respective company-designated User.

3.4. While Users may be granted access to company accounts, no designated User or third party may delete a User’s account. Only the User themselves may initiate permanent account deletion by submitting a formal request to customer support at [email protected]. Other entities, including the inviting company, may only revoke access to their specific corporate environment.

3.5. HyperOne offers optional Two-Factor Authentication (2FA), which Users may activate to enhance account security. All Users are solely responsible for maintaining the confidentiality of their login credentials. Any unauthorized access must be reported immediately to customer support at [email protected].

3.6. HyperOne reserves the right to suspend or terminate any User account at its sole discretion, including but not limited to the following circumstances: (i) suspected unauthorized use or breach of security; (ii) non-compliance with these Terms and Conditions; (iii) failure to meet payment obligations; or (iv) upon legal request or investigation.

3.7. Users shall not be entitled to use the Service or access any functionality unless a valid Subscription Plan is in place. No free access or trial features shall be granted unless expressly offered in writing by HyperOne on a case-by-case basis. The availability and duration of any trial period remain at the sole discretion of HyperOne.

3.8. All financial transactions, including payment for the Subscription Plan, or purchasing of extended limits and/or additional services, are processed exclusively through Our management team. No in-app or automated payment mechanisms are available on the Website. HyperOne does not support refunds except under exceptional circumstances, subject to internal review and support confirmation.

3.9. Notifications relevant to the account and Service operation are provided via the internal Website messaging system and/or HyperOne’s official Telegram bot. Users acknowledge that such means of communication are valid and binding.

3.10. Users may leave comments within the Website (e.g., on leads), which function solely as internal notes and may include file attachments. These comments are strictly limited to internal use and shall not be shared outside the associated corporate environment.

3.11. Users may, at any time, export their data and reports from the Website in machine-readable format. Upon explicit request, HyperOne may also provide a full data archive of a corporate account, subject to verification and internal approval.

3.12. All complaints, queries, or account-related concerns shall be addressed to HyperOne’s authorized manager via Telegram or through the official support channel. HyperOne is not obliged to provide additional complaint-handling mechanisms beyond this process.

4. USER DATA AND LEAD INFORMATION

4.1. You can provide, upload, submit, transmit, or otherwise make available any data, file attachments, text, applications, posts, images, messages, reports, or any other information or data, to or through Our Website and/or Service (“Data”). This may include information about leads (contact submissions) that are processed through Our system.

4.2. When You provide, upload, submit, transmit, or otherwise make available any Data to or through Our Website and/or Service, You hereby grant to Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to access, host, use, process, modify, distribute, run, copy, publicly perform, display, and/or translate Your Data and/or create derivative works of Your Data, in any form or media, anywhere, and without any notice or compensation to You of any kind. This license will end when Your Data is deleted from Our systems. Such license is granted (i) to run, maintain, and provide You the Website services; (ii) to prevent or address technical or security issues, and resolve support requests; (iii) to investigate when We have a good faith belief or have received a complaint alleging that such Data is in violation of these Terms and Conditions; (iv) to comply with a valid legal subpoena, request, or any other lawful process; (v) to accomplish other applicable purposes; and (vi) as otherwise expressly permitted in writing by You.

4.3. DISCLAIMER REGARDING LEAD DATA: YOU UNDERSTAND AND AGREE THAT HYPERONE SERVES SOLELY AS A STORAGE AND DISTRIBUTION SYSTEM FOR LEAD DATA. WE ASSUME NO RESPONSIBILITY FOR THE ORIGIN, ACCURACY, LEGALITY, OR SUBSEQUENT USE OF ANY LEAD INFORMATION PROCESSED THROUGH OUR SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL LEAD DATA YOU UPLOAD, STORE, OR DISTRIBUTE THROUGH OUR SERVICE HAS BEEN OBTAINED LEGALLY AND IN COMPLIANCE WITH ALL APPLICABLE PRIVACY LAWS, DATA PROTECTION REGULATIONS, AND MARKETING CONSENT REQUIREMENTS IN ALL RELEVANT JURISDICTIONS. FURTHERMORE, YOU REMAIN SOLELY RESPONSIBLE FOR HOW SUCH LEAD DATA IS SUBSEQUENTLY USED OR SHARED WITH THIRD PARTIES AFTER PROCESSING THROUGH OUR SYSTEM.

4.4. When You provide or otherwise make available any Data to or through Our Website and/or Service as described above, You represent and warrant that (and agree to comply as stated below):

• 4.4.1. You have (or have obtained) all rights, licenses, consents, permissions, and/or authority necessary to grant the rights granted herein, for any Data that You provide or otherwise make available to or through Our Website and/or Service;
• 4.4.2. All Data is in compliance with all and any applicable laws and regulations, and Our Terms and Conditions and other applicable policies;
• 4.4.3. All Data that You provide or otherwise make available to or through Our Website and/or Service, and Your and Our use of such Data, shall not (i) infringe or violate any patents, copyrights, trademarks, or other intellectual property, privacy, data protection, proprietary, publicity, or any other rights of any third party; (ii) violate any applicable local, state, federal, and international laws, regulations, and conventions, including those related to data privacy and data transfer and exportation, or any of Your or third party’s policies and terms governing such Data.

4.5. Other than Our security and data protection obligations as expressly stated hereunder, We assume no, and hereby disclaim all and any, responsibility or liability for such Data.

4.6. We may, but disclaim any obligation that We shall monitor and/or moderate User Data, and there shall be no claim against Us of not acting so. You shall be solely responsible for Data and the consequences, including legal, of using, disclosing, storing, or transmitting it.

4.7. You shall not submit to the Website any data that is protected under special legislation and requires unique treatment, including sensitive data.

4.8. We reserve the right to delete any Data that violates these Terms and Conditions, or any applicable law or regulation. We reserve the right, at Our sole discretion, to require the deletion of any data from the platforms where You share data about Us.

4.9. In case of termination or expiration of these Terms and Conditions and/or deletion of Your Personal account, it is Your sole liability to download, save, copy, or otherwise export any and all Your Data prior to such termination or expiration hereof or deletion of Your Personal account. Please note that We shall be under no obligation to store such Data upon termination or expiration hereof or deletion of Your Personal account, and We shall not have any liability to You or to any other third party in connection thereto.

5.  SUBSCRIPTION PLAN AND PAYMENTS; REFUND POLICY

5.1. The Website is accessible only on a paid subscription basis. All features of the Website require a valid subscription to access (the “Subscription Plan”).

5.2. The Subscription Plan is primarily oriented to business entities to allow their personnel to use the features of the Website. Each Subscription Plan has its own term and, if applicable, its own conditions, as may be specified and available through Our management team. A single Subscription Plan may include access to multiple company environments, depending on the plan configuration and assigned limits.

5.3. Users cannot make direct purchases within the Website. All purchases of the Subscription Plan and additional services must be arranged through Our management team or customer support at [email protected]. Our manager will contact clients monthly regarding the payment for Your Subscription Plan.

5.4. We may offer trial periods on certain Subscription Plans for 7 (seven) calendar days or another specified duration. Trial offers are provided at Our discretion and may be limited in terms of the number of users and time (duration and/or period of the trial).

5.5. You can learn about Our Subscription Plans by contacting Our management team or customer support at [email protected]. To the maximum extent permitted by applicable laws, We may change the Subscription Plan, including fees, at any time. We will give You reasonable notice of any such pricing changes.

5.6 The Subscription Plan fees are exclusive of any and all taxes, and You shall bear the sole responsibility and liability to pay any applicable taxes required in relation to payment by You of Subscription Plan fees.

5.7. Unless expressly set forth herein, the subscription fees paid are non-cancelable and non-refundable. Please be advised that We will not refund any fees if you decide to cancel Your Subscription Plan. Refunds are only considered in exceptional circumstances through customer support at [email protected] and at Our sole discretion.

5.8. We reserve the right not to refund You any fees paid in case You are or may be in violation of these Terms and Conditions, or any law or regulation and disclaim any obligation in relation to such refund.

5.9. The Website and Your rights to use it expire at the end of the period of Your Subscription Plan. If You do not pay the fees or charges due, We may make reasonable efforts to notify You and resolve the issue; however, We reserve the right to disable or terminate Your access to the Website (and may do so without notice). Please make sure that You download, save, copy, or otherwise export any and all Your Data prior to such expiration of the paid period. Please be advised that We may, but shall be under no obligation to, store and host such Data upon said expiration and may, at Our sole discretion, delete such Data. We shall not have any liability neither to You nor to any other third party in connection thereto.

6. PRIVACY; COOKIES

6.1. To use the Website, You may be asked to provide certain Personal Data. There are means for You to provide personal information to Us, so We can, for example, contact You to provide specific information about Our Website and/or Service, and/or other services or products. All the matters regarding Your Personal Data are governed by Our Privacy Policy, and You provide Us with Your Consent to the collection of such information by using the Website; therefore, We encourage You, and You should ensure that You read the Privacy Policy provisions carefully.

6.2. All matters regarding the use of Сookies or similar technologies on Our Website are governed by Our Cookies Policy. We encourage You, and You should ensure that You read the Cookies Policy provisions carefully to understand how We use such technologies and how You can reject them.

7.  INTELLECTUAL PROPERTY

7.1. All intellectual property in and to the Website, and material available on the Website (excluding the Data, as defined hereunder, posted by Users), which includes materials protected by copyright, trademark, or patent laws, including, but not limited to, the text, software, website templates and widgets, application programming interface, scripts, graphics, photos, illustrations, sounds, music, videos, audio clips, video clips, audiovisual combinations, designs, animations, interfaces, interactive features, textual content, and other materials User may view on the Website, and any modifications, enhancements, and derivations thereof, is either owned by or licensed to Us. All trademarks, service marks, trade names, and other proprietary identifiers are owned, registered by, and/or licensed to Us.

7.2. All rights reserved.

7.3. Upon the payment of the Subscription Plan fee to access Our Service in accordance with these Terms and Conditions, We hereby grant You a limited, worldwide, non-exclusive, non-transferable right to access and use the features of the Website made available upon such payment, during the applicable Subscription Plan term, solely for Your internal purposes.

7.4. No licenses or rights are granted to You by implication or otherwise under any intellectual property right controlled or owned by Us or the respective owners (licensors) of any such associated intellectual property, except for the permissions and rights expressly granted in these Terms and Conditions.

8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

8.1. If You believe that Your work has been copied and posted on Our Website and/or Service in a way that constitutes copyright infringement and no legal exception exists, You (as a copyright owner or an agent authorized to act on the owner’s behalf) may provide Us with the written information specified below:

• 8.1.1. An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
• 8.1.2. An identification and description of the copyrighted work that You claim has been infringed upon;
• 8.1.3. An identification and description of the material that You claim is infringing, and where it is located on the Website, in a manner reasonably sufficient to permit Us to locate such material, including the URL(s) on the Website where such material may be found;
• 8.1.4. Your address, telephone number, and e-mail address, so We can contact You;
• 8.1.5. A statement by You that You have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
• 8.1.6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

8.2. Our contacts:

H-AFF HYPER SOLUTIONS LTD

Address: Agias Faneromenis, 143-145 PATSIAS COURT, Flat/Office 201, 6031 Larnaca, Cyprus

Email: [email protected]

3. Please note that this procedure is exclusively for notifying Us that You believe that Your copyrighted material has been infringed.

9. PUSH NOTIFICATIONS; E-MAILING

9.1.  As part of using the Website, We may send You notifications to Your Telegram account or through the Website’s messaging system. We may also provide notifications through Our Telegram bot. We may distribute several types of such notifications:

•  9.1.1. about innovations in the Website;
•  9.1.2.  Service notifications regarding essential changes to the Website in relation to Your account;
•  9.1.3. other notifications, or service-related messages.

9.2.  By accepting these Terms and Conditions and Our Privacy Policy,  You confirm Your Consent to receiving notifications from Us through the Website, email, or Telegram.

10.   THIRD-PARTY SERVICES; LINKS TO THIRD-PARTY SERVICES

10.1. By using the Website, You can follow different links to third-party websites, applications, or other products or services operated by other companies (“Third-Party Service(s)”). We do not endorse, monitor, or have any control over such Third-Party Services, which have separate terms of service, privacy policies, and Cookies policies. If the Website contains links to such Third-Party Services, these links are provided for Your convenience only. We are not responsible for the content or policies of Third-Party Services, and You access such Third-Party Services at Your own risk and subject to the terms and conditions of use for such Third-Party Services. Please check the terms and conditions of use and privacy policy applicable to each Third-Party Service You visit, as they may vary due to the nature of the services and who is permitted to access them.

10.2. HyperOne may use various third-party services for system functionality, including but not limited to anti-fraud services and proxy services. The specific nature of these integrations is considered proprietary information and is not disclosed in these Terms and Conditions. You acknowledge that:

• 10.2.1. You are solely responsible for Your compliance with the terms of service, privacy policies, cookies policies, privacy restrictions, and other policies of any third-party service You may interact with through Our Website, and applicable laws and regulations;
• 10.2.2. We shall have no obligation of any kind and shall not be responsible for any data modification and/or removal that may result from such integration.

11.  CONFIDENTIALITY

11.1. In connection with the Website, We or a User as a Party to this Agreement may disclose (the “Disclosing Party”) to the other Party (the “Receiving Party”), certain non-public business, product, technology, and marketing information, including without limitation, customer lists and information, know-how, software, any other information internal to the Disclosing Party, and any other non-public information, which is either marked as confidential or which, from its nature, content, or the circumstances in which it is provided, is reasonably deemed to be confidential (the “Confidential Information”). For the avoidance of doubt, (i) any Data is regarded User’s Confidential Information, and (ii) Our Service, and any of technology, systems, or techniques connected or related thereto, and their respective performance information, as well as any data, trade secrets, intellectual property, software programs and works of authorship, know-how, marketing and distribution data, planning data, reports, and materials We may provide to You in connection with Our Service or use thereof and any copies, extracts, compilations, studies, notes, reports, materials, documentation, analyses, and reviews thereof, or any other information, which contain, reflect, or is compiled therefrom, as may be prepared or received by or on behalf of the User, are regarded Our Confidential Information.

11.2. Confidential Information does not include information that (a) at the time of disclosure or at any time thereafter is in the public domain or subsequently enters the public domain, except where this has arisen as a result of a breach of the terms of this Agreement or breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, without restriction, prior to receipt from the Disclosing Party under this Agreement, as evidenced by the Receiving Party’s written records; (c) that the Receiving Party obtained from any third party who owes no obligations to the Disclosing Party in relation to the information in question; or (d) was independently acquired or developed by the Receiving Party without the aid, application, or use of the Disclosing Party’s Confidential Information.

11.3. The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information and limit access to those employees, affiliates, service providers, and agents, on a need-to-know basis, who are bound by confidentiality obligations at least as restrictive as those contained herein. The Receiving Party will (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and Conditions and/or as required to be disclosed to legal or financial advisors of the Receiving Party, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein. Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body or authority; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other appropriate relief or otherwise prevent or restrict such disclosure.

12. LIMITATION OF LIABILITY

12.1. WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING TO YOUR USE OF THE WEBSITE.

12.2. The WEBSITE WORKS AS IS AND AS AVAILABLE, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. UNDER NO CIRCUMSTANCES AND NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL WE BE LIABLE TO YOU IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THAT IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

12.3. You understand that the content presented on the Website, whether publicly posted or privately transmitted, is the sole responsibility of the person/entity from whom such content originated. We do not control this content and do not guarantee its accuracy, integrity, or quality.

12.4. LEAD DATA DISCLAIMER: WE EXPRESSLY DISCLAIM ALL LIABILITY RELATED TO THE ORIGIN, LEGALITY, ACCURACY, OR SUBSEQUENT USE OF ANY LEAD DATA PROCESSED THROUGH OUR SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL LEAD DATA COMPLIES WITH APPLICABLE LAWS IN ALL RELEVANT JURISDICTIONS, INCLUDING BUT NOT LIMITED TO DATA PROTECTION, PRIVACY, AND ELECTRONIC MARKETING LAWS. WE FUNCTION SOLELY AS A DATA PROCESSOR AND DISTRIBUTION SYSTEM AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, SOURCE, OR USE OF LEAD DATA.

12.5. Your use of any aspect of the Website is at Your own risk. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE WEBSITE.

12.6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, AND NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, THE ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, EVEN IF A REPRESENTATIVE OF OURS OR OUR AFFILIATE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

12.7. To the fullest extent permitted by law, under no circumstances shall Our liability to You for any claim or cause of action whatsoever, and regardless of the form of the action, whether arising in tort, contract, strict liability, or otherwise, exceed the lesser of the dollar amount You paid Us to use the Website for one month preceding the damages arising or USD 50 (fifty). This limitation of liability is cumulative and not per incident.

12.8. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law.

12.9. Any claims arising in connection with Your use of the Website must be brought within 60 (sixty) calendar days of the date of the event giving rise to such occurred action, or as limited by applicable law. Remedies available to You under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions, even if the applicable remedy under these Terms and Conditions fails of its essential purpose.

13. INDEMNITY

13.1. You agree to defend, indemnify, and hold Us harmless, including Our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of Our affiliates, successors, assigns, and licensees, (and any of the foregoing in relation to Our affiliates) from and against any claims, actions, or demands, damages, losses, liabilities, judgments, settlements, costs, or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to (a) the breach of these Terms and Conditions by You or anyone using Your device and/or credentials; (b) any claim, loss, or damage experienced from Your use or attempted use of (or inability to use) the Website; (c) Your violation of any law or regulation; or (d) any other matter for which You are responsible under these Terms and Conditions or any applicable law or regulation of any nature or force. You agree that Your use of the Website shall comply with all applicable laws, regulations, and guidelines.

13.2. In case of full or partial failure to comply with the obligations provided by clauses 2.6.3—2.6.9 hereof, You shall pay USD 50,000 (fifty thousand) to Us as liquidated damages, in addition to anything contained in these Terms and Conditions, including in addition to that stipulated by the previous clause.

13.3. We reserve the right to assume the exclusive defense and control of any demand, claim, or action arising hereunder or in connection with the Website and all negotiations for settlement or compromise. You agree to fully cooperate with Us in the defense of any such demand, claim, action, settlement, or compromise negotiations, as requested by Us.

14. TERMINATION

14.1. These Terms and Conditions are effective until terminated by either You or Us. You may terminate these Terms and Conditions at any time, provided that You discontinue any further use of the Website. If You violate these Terms and Conditions, Our permission to You to use the Website will be automatically terminated.

14.2. We, however, may, at Our sole discretion, terminate these Terms and Conditions and Your access to the Website, and/or any or all of the Services of the Website, at any time and for any reason, without penalty or liability to You or any third party. In the event of Your breach of these Terms and Conditions, these actions are in addition to and not in lieu of or limitation of any other right or remedy that may be available to Us.

14.3. Any termination of these Terms and Conditions for any reason shall not affect or prejudice any right to damages or other remedies that We may have in respect of the event giving rise to the termination or any other reason for damages or other remedies that We may have in respect of any breach or failure to perform these Terms and Conditions that existed at or before the date of termination.

14.4. The provisions of the following sections survive the expiration or termination of these Terms and Conditions for any reason whatsoever: “USER DATA AND LEAD INFORMATION”; “SUBSCRIPTION PLAN AND PAYMENTS; REFUND POLICY” in respect of any fees unpaid or otherwise due to payment; “PRIVACY; COOKIES”; “INTELLECTUAL PROPERTY”; “CONFIDENTIALITY”; “LIMITATION OF LIABILITY”; “INDEMNITY”; “TERMINATION”; “GOVERNING LAW AND DISPUTE RESOLUTION”; “ENTIRE AGREEMENT; NO WAIVER”; “SEVERABILITY”; “ASSIGNABILITY”.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1. For any dispute with Us arising out of or in connection with these Terms and Conditions, You agree to first contact HyperOne at [email protected] and attempt to resolve the dispute with Us amicably. In the unlikely event that HyperOne has not been able to resolve a dispute it has with You after 60 (sixty) calendar days, We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof, by arbitration exclusively as set forth below.

15.2. These Terms and Conditions, including any non-contractual obligations arising out of or in connection with them, shall be governed by, and construed in accordance with, the laws of England and Wales, excluding conflict of law provisions.

15.3. Any disputes arising out of or in connection with these Terms and Conditions, including any question(s) regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be in Stockholm. An arbitral award shall be final for the Parties. It shall not be allowed to submit a motion to a state court to make a decision on the lack of jurisdiction of an arbitral tribunal in connection with the issuance by the arbitral tribunal of a separate order on the existence of jurisdiction as a matter of preliminary nature. The language of the arbitration shall be English. The number of arbitrators shall be 1 (one).

16. ENTIRE AGREEMENT; NO WAIVER

16.1. These Terms and Conditions and Our Privacy Policy constitute the entire Agreement between You and Us pertaining to the subject matter hereof. Anything contained in or delivered through the Website that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. These Terms and Conditions may not be modified, in whole or in part, except as described elsewhere in these Terms and Conditions.

16.2. Any rights not expressly granted by these Terms and Conditions are reserved to HyperOne or by our authorized representatives.

16.3. Failure by Us to insist upon or enforce strict performance of any provision of these Terms and Conditions and/or Our Privacy Policy shall not be construed as Our waiver of any provision or right contained herein.

17. SEVERABILITY

17.1. If any of the provisions of these Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited, or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

18. ASSIGNABILITY

18.1. You may not assign or transfer these Terms and Conditions or any of Your obligations, rights, or interests provided herein, by operation of law or otherwise, without Our prior written and explicit consent.

18.2. You agree that these Terms and Conditions, Privacy Policy, and/or the Agreement between You and Us in general may be assigned by Us, at Our sole discretion, to any third party without prior approval or notice from Us.

19. NOTICES AND ELECTRONIC COMMUNICATION

19.1. Any notice or other communication under these Terms and Conditions shall be in writing and shall be considered given and received when sent by email or, if applicable, text messaging, notifications, or chatbots. The language of the communication shall be English. However, we can also provide support and respond to inquiries in other languages that are widely used in the region, if possible.

20. CONTACT US

20.1. Notices relating to these Terms and Conditions may be sent to You via email to the address You provided to Us. You expressly authorize Us to contact You via such email in the event We (or Our affiliate) are required by law to notify You of a data security incident or data breach.

20.2. Please submit any notices, requests for technical support, and other communications to Us relating to these Terms and Conditions via [email protected] or to Our management team.