Welcome to the Terms of Service (these “Terms”) for: (i) the website, https://hyperfoundation.org (including its subdomains, the “Foundation Site”); and (ii) any other websites through which these Terms are linked (together with the Foundation Site, the “Website”), in each case as operated by or on behalf of the Hyper Foundation, a Cayman Islands foundation company, or its subsidiaries (“Organization”, “we” or “us”). The Organization’s services, including but not limited to the Website and any content, tools, software, documentation, features, and functionality offered by the Organization on or through the Website or third-party sites and services, are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, you may not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes both you in an individual capacity and that entity, and you represent and warrant that: (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (b) you agree to these Terms on the entity’s behalf, as well as on your individual behalf.

SECTION 7 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE: (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE ORGANIZATION’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY; AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW.

1.1. Eligibility. You must be 18 years of age or older and not be a Prohibited Person to use the Services. A “Prohibited Person” is any person or entity that is: (a) the subject of any economic or trade sanctions administered or enforced by any governmental authority, including any person designated on any list of prohibited or restricted parties by any governmental authority, such as the European Union (“EU”) Consolidated List of Persons, the United Kingdom (“UK”) Consolidated List of Financial Sanctions Targets (including as extended to the Cayman Islands by statutory instrument), the Cayman Islands , and the United States (“U.S.”) Treasury Department’s list of Specially Designated Nationals; (b) located in, incorporated in, or otherwise organized or established in, or resident of, any country, territory, or jurisdiction that is the subject of comprehensive country-wide or regional economic sanctions or embargoes or has been designated as “terrorist supporting” by the United Nations (“UN”) or any governmental authority of the European Union, UK (including as extended to the Cayman Islands by statutory instrument), the Cayman Islands, or the U.S., including the Office of Foreign Assets Control (“OFAC”) of the U.S. Treasury Department or the Office of Financial Sanctions (“OFSI”) of HM Treasury of the UK (each such country, territory, or jurisdiction, a “Sanctioned Jurisdiction”); (c) owned or controlled by such persons or entities described in (a)-(b); (d) accessing or using the Services on behalf of persons or entities described in (a)-(c); or (e) a resident of the United States of America. Prohibited jurisdictions include, but are not limited to, the United States, Cuba, Iran, Democratic People’s Republic of Korea, Syria, and certain Russian-occupied regions of Ukraine.

You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are a resident of, or located or accessing the Services from, in connection with your use of the Services. By using the Services, you represent and warrant that you meet these requirements and will not be using the Services for any illegal activity or to engage in the prohibited activities in Section 2.4.

2.1. The Hyperliquid L1 is a blockchain that supports fast, secure, and scalable trading and financial applications (the “Hyperliquid L1”). The Hyperliquid L1 is not part of the Services. You acknowledge and agree that we make no representations and warranties with respect to the Hyperliquid L1. Certain elements of the Hyperliquid L1 may be made publicly available under an open-source or source-available license and these Terms do not override or supersede the terms of any such licenses. Notwithstanding anything to the contrary set forth herein, you agree that the terms of Section 6 (Disclaimers, Limitations of Liability and Indemnification) apply, mutatis mutandis, to your use of the Hyperliquid L1.

2.2. Documentation. The Services may display, include, or make available documentation, research, blog posts, images, videos, commentary, and other descriptions or materials related to the Hyperliquid L1 community and the Hyperliquid L1 (collectively, “Documentation”). Such Documentation is part of the Services.

2.3. Right to Use Services. We hereby grant you a limited, revocable, non-transferable, non-sublicensable right and license to access and use the Services for your own, or your internal use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed or made available to you as part of your use of the Services (such as the Documentation), we hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to download, access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any or for no reason, including, without limitation, in the event of the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Organization, in its sole discretion, may elect to take. You agree that we shall have no liability to you arising from or related to any inability to access the Services.

2.4. Restrictions On Your Use of the Services. You shall not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

(a) modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;

(b) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

(c) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to access, use, or modify the Services;

(d) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;

(e) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Services;

(f) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services or any of the computer systems, wallets, accounts, protocols or networks connected to the Services;

(g) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

(h) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

(j) impersonate any other person or entity using the Services, including by falsely stating, implying or otherwise misrepresenting your affiliation with any person or entity;

(k) violate any applicable law or regulation in connection with your access to or use of the Services; or

(l) access or use the Services in any way not expressly permitted by these Terms.

2.5. Interactions with Other Users on the Services. You are responsible for your interactions with other users on, through, or in connection with the Services. While we reserve the right to monitor interactions between users, we are not obligated to do so, and you acknowledge and agree that we cannot be held liable for your interactions with other users, or for any user's actions or inactions. If you have a dispute with one or more users, you release the Organization Persons (as defined below) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute(s). In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

3.1. Third Party Services and Materials. The Services may display, include, link to, or otherwise make available services, content, data, information, applications, or materials from third parties or provide links to certain third-party websites (“Third-Party Services and Materials”). All Third-Party Services and Materials are made available solely as a convenience, and the Organization does not endorse any Third-Party Services and Materials. You agree that your access and use of such Third-Party Services and Materials is governed solely by the terms and conditions of such Third-Party Services and Materials, as applicable. The Organization is not responsible or liable for, and makes no representations as to any aspect of such Third-Party Services and Materials, including, without limitation, their content or the manner in which they handle, protect, manage, or process data, or any interaction between you and the provider of such Third-Party Services and Materials. The Organization is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services and Materials or websites. You irrevocably waive any claim against the Organization with respect to such Third-Party Services and Materials. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such Third-Party Services and Materials, or your reliance on the privacy practices, data security processes, or other policies of such Third-Party Services and Materials. Third-Party Services and Materials and links to other websites are provided solely as a convenience to you.

4.1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, visit our Privacy Policy located at https://hyperfoundation.org/privacypolicy.

6.1. Disclaimers

(a) Your access to and use of the Services (including, for clarity, any Documentation) and, separately, the Hyperliquid L1, is entirely at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Organization, its subsidiaries, affiliates, related companies, service providers, and its and their officers, directors, supervisors, consultants, advisors, agents, representatives, partners, and licensors (collectively, the “Organization Persons”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE, QUALITY, PERFORMANCE, SUITABILITY OR FITNESS OF THE SERVICES AND THE HYPERLIQUID L1 FOR ANY PARTICULAR PURPOSE, OR AS TO THE ACCURACY, QUALITY, SEQUENCE, RELIABILITY, WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN WHETHER LATENT OR PATENT. The Organization Persons make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services (including any Documentation) and the Hyperliquid L1; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or the Hyperliquid L1; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services or the Hyperliquid L1 will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) whether the Services or the Hyperliquid L1 will protect your assets from theft, hacking, cyber-attack, or other form of loss caused by third-party conduct. Nothing contained in the Services constitutes, or is meant to constitute, financial, legal, or other professional advice of any kind. If you require advice in relation to any financial, legal, or other professional matter you should consult an appropriate professional. No advice or information, whether oral or written, obtained from the Organization Persons or through the Services, will create any warranty or representation not expressly made herein.

(b) THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE CAYMAN ISLANDS, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 6.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

6.2. Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT (i) IN NO EVENT WILL THE ORGANIZATION PERSONS BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF THE ORGANIZATION PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES; AND (ii) IN THE EVENT THAT ORGANIZATION PERSONS ARE FOUND TO HAVE ANY LIABILITY TO YOU NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY SHALL NOT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS ($100.00), (2) THE AMOUNT YOU PAID THE ORGANIZATION PERSONS, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM; OR (3) THE STATUTORY REMEDY FOR SUCH CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.3. Acknowledgement; Assumption of Risks

(a) By using the Services or the Hyperliquid L1, you represent that you have sufficient knowledge and experience in any business or financial matters that may be applicable, including a sufficient understanding of blockchain technologies, cryptocurrencies, and other digital assets, storage mechanisms, and blockchain-based software systems to be able to assess and evaluate the risks and benefits of the Services contemplated hereunder, and will bear the risks thereof, including loss of all amounts paid or stored, and the risk that the cryptocurrencies and other digital assets may have little or no value. You acknowledge and agree that there are risks associated with purchasing and holding cryptocurrency and using blockchain technology. These include, but are not limited to, risk of losing access to cryptocurrency or digital assets due to slashing; loss of private key(s); custodial error or purchaser or user error; risk of mining, staking, or blockchain-related attacks; risk of hacking and security weaknesses; risk of unfavorable regulatory intervention in one or more jurisdictions; risk related to token taxation; risk of personal information disclosure; risk of uninsured losses; volatility risks; and unanticipated risks.

(b) You acknowledge that vulnerabilities in the Hyperliquid L1 programming and design or other vulnerabilities that may arise due to hacking or other security incidents can have adverse effects to digital assets, including but not limited to significant volatility and risk of loss.

(c) You acknowledge that there are inherent risks associated with using or interacting with public blockchains and blockchain technology. There is no guarantee that such technology will be available or not subject to errors, hacking, or other security risks. Blockchain protocols may also be subject to sudden changes in operating rules, including forks, and it is your responsibility to make yourself aware of upcoming operating changes.

6.4. Indemnification

By entering into these Terms and accessing or using the Services or the Hyperliquid L1, you agree that you shall indemnify, and hold the Organization Persons harmless, and at Organization’s election defend such Organization Persons from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Organization Persons arising out of or in connection with:

(a) your violation or breach of any term of these Terms or any applicable law or regulation;

(b) your violation of any rights of any third party;

(c) your use or misuse of the Services or the Hyperliquid L1; or

(d) your dishonesty, negligence, fraudulence or willful misconduct. If you are obligated to indemnify any Organization Person hereunder, then you agree that Organization (or, at its discretion, the applicable Organization Persons) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Organization wishes to settle, and if so, on what terms, and you agree to fully cooperate with Organization in the defense or settlement of such claim.

6.5. Third Party Beneficiaries

You and the Organization acknowledge and agree that the Organization Persons (other than the Organization) are third party beneficiaries of these Terms, including under Sections 2.5, 6 and 7.

6.6. Third Party Rights. Any Organization Person not being a party to these Terms, may enforce any rights granted to it pursuant to these Terms in its own right as if it were a party to these Terms. Except as expressly provided in this paragraph, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act, (as amended) to enforce any term of these Terms. Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to this Agreement shall not be required for any termination, rescission or agreement to any variation, waiver, release or settlement under these Terms at any time.