Terms of Service

1 Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User", "you") and HyperX Ltd ("HyperX", "we", "us", "our"). These Terms apply to all users of the HyperX mobile application, website (hyperx.app), DApp (swap.hyperx.llc), and all related features and services (the "Platform").

By ticking an acceptance box, clicking "Get Started", or otherwise using the Platform, you agree to these Terms. If you are using HyperX on behalf of a business, you represent that you have authority to bind that entity to these Terms.

2 Eligibility

To use HyperX, you must meet the following requirements:

• Be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is higher
• Have the legal capacity to enter into a binding contract
• Not be a resident of, or located in, any country subject to comprehensive international sanctions (including but not limited to Iran, North Korea, Russia, Cuba, Syria)
• Not be on any government sanctions list, including OFAC SDN, UN, or EU sanctions lists
• Not have previously had your HyperX account suspended or terminated for violations
• Use the Platform only for lawful purposes in compliance with all applicable local, national, and international laws

HyperX reserves the right to refuse service, suspend, or terminate accounts that do not meet these eligibility requirements at any time without notice.

3 Account Registration & Security

3.1 Registration

To access most features of HyperX, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your profile information updated at all times.

3.2 KYC Verification

In accordance with our regulatory obligations, you must complete Know Your Customer (KYC) verification before accessing full platform features including sending transactions. This includes providing government-issued identification and proof of address. Failure to complete KYC will result in restricted access.

3.3 Account Security

• You are solely responsible for maintaining the confidentiality of your login credentials, PIN, and 2FA codes
• You must immediately notify us at contact@hyperx.llc if you suspect unauthorised access to your account
• HyperX will never ask for your password via email, chat, or phone
• You are fully responsible for all activity conducted through your account

3.4 One Account Per User

Each individual may only maintain one personal HyperX account. Creating multiple accounts to circumvent limits, bans, or KYC requirements is strictly prohibited and will result in permanent termination of all associated accounts.

4 Our Services

HyperX provides the following services through the Platform:

HyperX reserves the right to modify, suspend, or discontinue any service at any time with reasonable notice. We are not liable for any losses resulting from service unavailability.

5 Exchange & Transactions

5.1 Transaction Finality

All cryptocurrency transactions are irreversible once confirmed on the blockchain. By initiating a transaction, you acknowledge that it cannot be reversed, recalled, or cancelled once submitted. HyperX is not responsible for losses resulting from errors in wallet addresses or transaction amounts entered by the user.

5.2 Exchange Rates

Exchange rates are sourced from real-time market data and are locked for a limited period at the time of transaction initiation. Rates are subject to market fluctuation and HyperX does not guarantee any specific rate. The final rate applied will be the rate locked at the time of your confirmed transaction.

5.3 Transaction Limits

Transaction limits apply based on your KYC verification tier:

5.4 Failed Transactions

If a transaction fails after funds have been deducted from your account due to a technical error on our end, we will reverse the transaction within 24 hours. Network fees incurred during failed transactions may not be refundable.

5.5 Suspicious Transactions

HyperX reserves the right to delay, freeze, or reverse transactions that appear suspicious, violate AML rules, or are flagged by our compliance systems. We will notify you where legally permissible.

6 Crypto Browser

The HyperX Browser enables you to access third-party e-commerce websites and complete purchases using your HyperX balance. The following conditions apply:

• HyperX acts solely as a payment facilitator; we are not a party to any contract between you and the merchant
• You are responsible for verifying the legitimacy and terms of any merchant before making a purchase
• HyperX is not responsible for the quality, safety, legality, or delivery of goods purchased through the browser
• Disputes with merchants must be resolved directly with the merchant; HyperX may assist where possible but makes no guarantees
• Third-party websites accessed through our browser are governed by their own terms and privacy policies
• HyperX does not endorse any merchant, product, or service accessible through the browser

7 DApp Services

The HyperX DApp (swap.hyperx.llc) allows users to connect third-party wallets and convert tokens not natively supported on the main platform. By using the DApp:

• You acknowledge that DApp interactions involve smart contracts and blockchain protocols that operate autonomously and may contain bugs or vulnerabilities
• HyperX does not custody your funds when using third-party wallets; you remain in control of your private keys
• Token prices and liquidity on external DEX protocols are beyond HyperX's control; we do not guarantee swap rates or availability
• You accept the inherent risks of DeFi including smart contract risk, impermanent loss, and front-running
• KYC and AML requirements still apply to fiat payout legs of DApp transactions

8 P2P Earnings Programme

The HyperX P2P Programme allows users to deposit fiat funds into a HyperX business wallet. HyperX will then use these funds to conduct P2P cryptocurrency trading on your behalf, and you will receive a share of the returns.

• Participation is voluntary and subject to separate programme-specific terms to be published at launch
• Returns are not guaranteed; P2P trading involves market risk and you may receive less than your deposited amount
• HyperX acts as an agent on your behalf, not as a guarantor of returns
• Minimum deposit amounts, lock-up periods, and payout schedules will be disclosed at launch
• Participation requires full KYC (Tier 2) verification
• HyperX reserves the right to refuse participation, adjust returns, or pause the programme at any time

Nothing in this section constitutes investment advice. Participation in the P2P programme carries risk and is entirely at your own discretion.

9 Fees & Charges

HyperX charges fees for certain services. Current fees are displayed within the Platform at the time of each transaction. By confirming a transaction, you agree to the applicable fees.

• Exchange Fees: A percentage-based fee may be included in the exchange rate spread. Currently displayed as 0% promotional rate
• Network Fees: Blockchain gas/network fees are passed through to the user and vary based on network congestion
• Withdrawal Fees: Fees may apply for fiat withdrawals to bank accounts or mobile money; disclosed at point of withdrawal
• Inactivity Fees: Accounts inactive for more than 12 months may be subject to a monthly maintenance fee; you will be notified 30 days in advance

HyperX reserves the right to modify fees at any time with 14 days' notice displayed on the Platform. Continued use after the notice period constitutes acceptance of the new fees.

10 Prohibited Activities

You agree not to use the HyperX Platform for any of the following:

• Money laundering, terrorist financing, or any activity that violates AML/CTF laws
• Purchasing, selling, or facilitating illegal goods or services
• Fraud, identity theft, or impersonating another person
• Circumventing transaction limits, KYC requirements, or sanctions controls
• Hacking, reverse engineering, or attempting to compromise the Platform's security
• Using bots, scripts, or automated tools to interact with the Platform without authorisation
• Market manipulation, wash trading, or any form of deceptive trading activity
• Spreading malware, phishing attempts, or any form of cyber attack
• Violating any applicable local, national, or international law or regulation
• Using the Platform in any jurisdiction where cryptocurrency services are prohibited

Violation of these prohibitions will result in immediate account suspension, permanent termination, freezing of funds, and reporting to relevant law enforcement authorities.

11 Intellectual Property

All content, trademarks, logos, software, and materials on the HyperX Platform are the exclusive property of HyperX Ltd or our licensors and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your personal, non-commercial purposes in accordance with these Terms.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Platform without our prior written consent.

12 Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

HyperX does not warrant that:

• The Platform will be uninterrupted, timely, secure, or error-free
• Exchange rates will meet your expectations or result in profit
• Any defects or errors will be corrected
• Third-party services accessed through our Platform are safe, reliable, or accurate

13 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Losses resulting from unauthorised access to your account due to your own negligence
• Losses resulting from blockchain network failures, forks, or smart contract bugs
• Losses resulting from your reliance on exchange rates or market data
• Losses arising from third-party merchant disputes

Our total aggregate liability to you for any claims arising out of or related to these Terms shall not exceed the total fees paid by you to HyperX in the 3 months preceding the claim.

14 Indemnification

You agree to indemnify, defend, and hold harmless HyperX, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Any content you submit or transmit through the Platform

15 Suspension & Termination

15.1 By HyperX

HyperX may suspend or permanently terminate your account at any time, with or without notice, if:

• You violate any provision of these Terms
• We are required to do so by law or regulatory directive
• Your account is associated with fraudulent, suspicious, or illegal activity
• You fail to complete or maintain KYC verification
• You are found on a sanctions watchlist

15.2 By You

You may close your account at any time by contacting contact@hyperx.llc. Prior to closure, you must withdraw any remaining balance. Accounts with open transactions or compliance holds cannot be immediately closed.

15.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. We may retain your data for the periods required by law. Any outstanding obligations, including fee payments, survive termination.

16 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which HyperX Ltd is incorporated, without regard to conflict of law principles.

Where local mandatory consumer protection laws apply in your jurisdiction, those protections are not excluded by this clause. Users in Nigeria, Kenya, South Africa, and Ghana may also have rights under local financial services regulations.

17 Dispute Resolution

17.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact HyperX at contact@hyperx.llc and attempt to resolve the dispute informally. We will make reasonable efforts to resolve complaints within 30 days.

17.2 Arbitration

If informal resolution fails, disputes shall be submitted to binding arbitration under the rules of a mutually agreed arbitration body. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.

17.3 Class Action Waiver

You waive any right to participate in a class action lawsuit or class-wide arbitration against HyperX. All disputes must be brought on an individual basis.

18 Changes to These Terms

HyperX reserves the right to update these Terms at any time. Material changes will be communicated via email notification and a prominent in-app notice at least 14 days before the changes take effect.

Your continued use of the Platform after the effective date of updated Terms constitutes your acceptance. If you disagree with any changes, you must stop using the Platform and close your account.

19 Contact

For questions, concerns, or legal notices regarding these Terms, please contact: