HYPEMASTERS, INC.

LICENSE AGREEMENT
TERMS OF USE

Updated: May 25, 2023
The terms of this agreement ("Terms of Use") govern the relationship between you and Hypemasters, Inc., an Delaware company, (“Hypemasters” or “we” or “us”) regarding your use of Hypemasters’s games, websites and related services (the "Service"), including all information, text, graphics, software, and services, available for your use. By using this website and the services offered on it, downloading any software, or browsing the website, as well as by downloading any of Hypemasters’s mobile games from app stores (together - “Services”), you accept the following Terms of Use. If you do NOT agree to all these Terms of Use, please do NOT use our Services. By entering into this license agreement, you represent that you are at least 13 years of age (or you’re entering into this agreement on behalf of an authorized user who is under 13 years of age, you are the legal representative of persons under the age of 13 and you agree to use our services on behalf of such persons) and have the legal capacity to enter into a contract in the jurisdiction where you reside.
The terms of this agreement may be amended, supplemented or modified at any time by Hypemasters with the amended Terms of Use effective as soon as they are posted on this website. Please check the most current Terms of Use to ensure that you are aware of all the terms and conditions regulating your use of this website and Hypemaster’s Services.
Hypemasters reserves the right to make changes to or update the content of the website and its games or the format thereof at any time and without any notice. Hypemasters reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.

By downloading, copying, running, registering or otherwise legally using the Service, You confirm that You or Your legal representative have fully read and agreed to comply with all the terms of this Agreement and are ready to be responsible for its violation. These Terms (i) apply to video games ("Games") and related services ("Services") and (ii) govern the relationship between You and the Company. These Terms include some other important policies and rules that include, without limitation, our privacy Policy and Rules of conduct (as set forth in these Terms). If You use our Games or Services through a social network, platform or application provider ("third Party service") (such as Facebook, iTunes, Google Play, etc.), any activity provided by such third party outside of the company's services is governed by the third party's policies. All terms of the Agreement are material and binding. If at any time You do not agree to any part of the current version of our Terms or other company policies, You must stop using the Games, Services and Services and Your license will terminate.

We respect the privacy of our Users. Our privacy Policy is included and is considered an essential part of these Terms. By accessing the Services, You acknowledge that you have carefully reviewed our Privacy Policy.

Hypemasters reserves the right to change, add new or remove existing provisions of this Agreement at any time by notifying You by posting an updated Agreement. By continuing to use the Service, You agree to all terms of the updated Agreement. If the User does not agree with one or more provisions of the Agreement, he / she must immediately stop using the Service.
The singular may mean the plural, and the plural may mean the singular, unless otherwise follows from the very text of the Agreement in each particular section or paragraph.

Services – together the following: Games, Website, Support, Social Media official groups and chats;
Website – a website www.hypemasters.com and all of its subsites.
Support – ingame or individually performed technical support.
Social media official groups and chats – official groups in social media, the only valid links are on the website.
Service – a set of data and commands, audio-visual information and other results of intellectual activity posted in the game application on the official website, as well as in the official groups created in social networks and messengers.
Game – an application to be installed on a mobile device or other technical device of the User, providing user interaction through the transfer of data and commands to the game server of the Developer, which is a computer program, which is a set of data, commands and audiovisual displays generated by it (hereinafter – data and commands), activated sequentially to obtain a user-defined result, as specified in the game script, without payment (activated data and commands) or after payment (non-activated data and commands). The rights to use the data and commands (activated and non-activated) are transferred by the Developer to the User under the conditions defined in this Agreement. To ensure the rights and obligations of the parties arising under this Agreement, the User reproduces the set of data and commands predefined by the Developer on his computer (the client part of the Game, if the client part of the Game is provided with functionality), while the set of other data and commands (including non-activated) or all data and commands in the absence of the client part of the Game are placed by the Developer on the servers operated by him.
License (rights) – hereinafter, where there is a mention of licenses and/or user rights, means a simple (non-exclusive) license without the right to sublicense and other rights, except as expressly stated in this agreement to use the Games, Services and Developer services on the terms provided by this Agreement.
Privacy Policy – Privacy Policy of the Hypemasters, Inc.
User account (account) – an impersonal set of data belonging exclusively to the Developer, necessary to authenticate the User in the Game service in order to access the settings, to use the statistics accumulated in the Game, received or purchased game items, as well as the exchange of commands with the Game server.
Profile – an integral part of the account, allowing the User to access game progress in the Service, having its own nickname, randomly generated. The user of the Service can change this nickname once free of charge to any other one that does not violate the terms of the Agreement and the Rules of the game, all subsequent changes are made on a reimbursable basis at the expense of the in-game balance.
Authorization – launching the Game on the user's device, the process of transferring commands from the application to the game server, which allows to protect the transmitted data and assign them to an impersonal user ID in the global services LIKE Google Play Games, App Store Apple ID and other digital stores services .
Remuneration (fee) — payment to the Licensor for granting the Licensee the rights to use non-activated data and commands within the limits established by this Agreement. The amount of remuneration is determined by the Licensor, and depends on the amount of non-activated data and commands, the right to use which is transferred to the Licensee. Information about the Reward is placed in the Game in the “Store” section, as well as in special offers that may appear during the Game.
Store – a section of the Game with a catalog of non-activated data and commands, a license for the use of which the User can purchase by making a payment through payment systems or for in-game currency. The cost of in-game values (activated and non-activated) is listed in the Store.
In-game currency – credits used in the Game to open unactivated data and commands.
Rights to non-activated data and commands — rights acquired by the Licensee for a fee, allowing the Game to increase the number of in-game items. In-game items - in-game values, including in-game currency.
Non-activated data and commands – in-game items, boosters, packs, credits, tokens, premium status and other virtual items that provide the User with limited in scope or time of use game benefits after the acquisition of the right to use them in the section of the Service “Shop” for a fee. Such Rights can also be obtained by the User with the consent of the Developer in another legal way, for example for participation in various competitions, as well as a result of promotions.
In-game purchases – purchases for in-game currency and purchases for real money. Free content refers to the content available to the User for performing in-game activities and scenarios. Paid content includes non-activated data and commands.
Third party (affiliates) service – services provided by third parties used by the Developer.

The user receives a non-exclusive and non-transferable limited license to use the Service in accordance with the provisions set forth in the Agreement. All rights not expressly granted in this Agreement are reserved exclusively to the Company and its affiliates.
The user receives a non-exclusive right to use the account created for him within the Service. The use of such account by the User shall not entail the transfer of ownership rights to such account. The end user account is the property of the Developer.
The user is able to use the Service solely for personal, non-commercial purposes, without changing or transferring the content of the Service to third parties. It is allowed to use the content of the Service for reproduction or public demonstration on third-party resources with the written consent of the Developer.
The service, through a set of software and hardware, provides the User with the opportunity to spend time in it, to interact with other Users, including users from other countries, to communicate and play with them, to create communities, but does not aim to conduct sports or educational programs and does not provide the User with the possibility of obtaining any benefit from the use of the Service.
The user acquires the rights for a fee and under the terms of a license to use in-game items for a period of 185 calendar days, except when the period is not expressly specified in the Store, including the addition of the terms of use of the same type of data and commands.. You may only purchase rights to use such items through the Service or from our authorized partners, within the Game, or otherwise. Virtual items have no cash (real) value outside the Service. The rights acquired by the User may not be sold, transferred or exchanged for cash, alienated, used as collateral or other encumbrance. Virtual items are non-refundable. If the User does not use the Game and does not use their rights to in-game items within 185 calendar days, the Developer has the right to deprive the User of the rights to purchased in-game items, a refund for the acquired but not used rights is not made.
If the User has not run the game on his / her own device and has not used the Game in any way for more than 365 consecutive days (in cases where the User has acquired rights to non-activated data and commands, the total period of use of which exceeds 365 days, then after the expiration of such rights), the User account and all progress are automatically deleted. The user in this case has no claims to the Developer.
In cases where the User has purchased a license for in-game items, but did not use them in full, the license is considered to be provided in full, a refund for unused items is not provided and is not made.
The amount of remuneration may be changed by the Developer unilaterally at any time without prior notice to the User. The user acknowledges that in the course of using the Game the Developer has the right to refuse the User to use the rights, including the right to use non-activated data and commands, for any reason, and this does not give the User a reason to require the Developer to return the previously paid Remuneration, unless otherwise expressly provided by applicable law.
Any actions of the User within the Service shall not contradict the Legislation of the state under whose jurisdiction the User is located and/or resident.
The user understands that when using the Service, the player receives equal access to both free and paid content. The player independently decides whether to acquire the rights to additional game items and values.
All technical and audiovisual data that have been created by the User as a result of using the Service, including recording from the screen, broadcasting via streaming audio-video files (stream), including exclusive intellectual property rights, belong to the Developer and can be used at its discretion, for example, for publication on any resources or transfer to third parties without the need to obtain consent from the User.
The user is fully responsible for his / her interaction with other Users of the Service. The developer reserves the Right, but does not undertake, to be involved in this interaction.
The user shall provide himself / herself with technical devices for access to the Service, as well as pay the costs associated with the organization and use of access to the global Internet, Google and Apple services, as well as pay any additional taxes and fees associated with such access.
The Developer is not responsible for the operation of Games on devices that do not meet the minimum technical requirements for the operation of Games.

Install the Game on devices that have the necessary technical characteristics.
To use the Game for:
Entertainment and recreational purposes,
Available to edit personal settings of your Account,
To transfer the achieved game progress to another technical device owned by the User, within the framework of using the global services Google Play Games and Apple ID previously independently configured on the devices in order to ensure the continuity of the game process,
Use additional Rights received by the User free of charge or on a reimbursable basis within the Service (for example, making purchases in the Store).
Terminate this Agreement by uninstalling the Game or deleting (terminating) the Account at any time in its sole discretion by contacting the support service. Deleting an Account entails deleting all the progress made and the user's profile. If the User made purchases for this currency (not in-game), the funds are not refundable, and the obligations of the Developer are considered to be fulfilled in full.

User has no right (Rules of conduct):
Modify in any way the program code, game data, interface elements, texts and dialogues, including by embedding malware, miners, spyware, as well as programs that allow bypassing the Developer to activate unactivated data and commands.
Distribute the Game or its elements on a paid basis.
Temporarily transfer or dispose of all your Rights to the Account on a commercial or non-commercial basis, orally or in writing, including publication of intentions to commit such actions.
Use another user's Account, or attempt to access another User's Account information.
Use the Services in ways not specified in this Agreement, contrary to normal gameplay, including use or distribute to other Users information about the identified error that provides gaming advantage.
Impersonate another User or representative of the service Developer.
Use automated solutions, including, but not limited to the use of bots, macroses, etc., allowing for the "cheating" of game advantages and increasing the load on the software and hardware infrastructure of the Developer and its authorized partner Services, as well as preventing the use of the Service by other Users.
Offend, provoke, threaten or intimidate other users Of the service, spread libel, violate their privacy, incite racial or ethnic hatred, or discriminate against other Users on the basis of gender, orientation, or religion.
It is incorrect to use the methods of communication available in the Service, including but not limited to:
Sending meaningless messages, a large number of repetitive messages (spam, flood).
The use of obscene vocabulary, including in an implicit form (using intentional grammatical errors, omissions of letters or replacement of letters with symbols/numbers).
Use only uppercase letters or only characters, including line breaks.
Distribution of advertising or other commercial messages (including links to third-party Internet resources).
Sending false complaints about messages from other Users, including when contacting in-game Customer support.
To place any information in the Service, which in the opinion of the Developer is undesirable and violates the terms of the Agreement.
The user undertakes:
Independently take measures to ensure the safety of the Account, prevent access to it by third parties.
As soon as possible to provide the information requested by the Developer from the User about the details of previously made payments and other information in order to monitor the User's compliance with the terms of this Agreement.
Immediately inform the Developer in any available way about the fact of violation by another User of the terms of this Agreement or technical errors detected in the Service that provide the User with game benefits.
Regularly, but at least once a week, visit the Website section in order to get acquainted with information about changes in the service, the content of the Agreement, the Rules for providing services by Partner services, and if it is impossible to Authorize in the Game, take all measures to familiarize yourself with equivalent information posted in the official groups of Vkontakte and Facebook.
The user is fully responsible for their own messages sent to chat and/or other Users.

Developer undertakes:
Provide the User with the opportunity to download and install the latest version of the Game free of charge.
Provide an opportunity to get acquainted with the current text of the Agreement, taking into account the technical capabilities of the Service.
Provide the User with the opportunity to receive advice about the services within the Service, taking into account the requirements of section 4 - Rules of conduct.
Within 10 working days to carry out a set of technical measures for the processing of information about the purchase made by the User of the Right to use non-activated commands and to bring to the User information, in case of impossibility of such processing in automatic (information window) or manual (via support) mode.

Developer has the right:
Depending on the violated terms of the Agreement and the harm caused to other Users, as well as the gameplay, as well as in case of repeated violation of the Rules of conduct of the Developer:
issues a warning to the User (if possible),
introduces time limits for a part of the service functionality or the entire Service,
apply measures for the compulsory renaming of the game Profile, title or description of the or clan ads,
uses partial or complete removal of non-activated data from the game Profile,
temporarily blocks or permanently deletes the Account along with all game progress made by the User, including the Rights to already used and unused game benefits, without the possibility of recovery, without the possibility to demand a refund.
Without prior notice unilaterally make adjustments to the operation of the Service or its individual components. Extend or limit, or otherwise modify, the Game or any part of the Service.
Collect and process user data, both personal and statistical (non-personal/depersonalized), according to the personal data processing policy.
Provide the ability to use the Service on the terms listed in this Agreement.
Without prior notice to the User delete any information posted by him within the Service, including, but not limited to user messages in any game chats.
Not to provide the User with evidence of its violations of the terms of this Agreement, as a result of which the User was subjected to measures of influence.
At any time, suspend, limit and/or terminate completely this Agreement with respect to the use of the Service for any User or all Users in General. Information on such suspension/termination will be posted in the official groups.

The right to use the data and validating commands
The exclusive right of dissemination, and use of Games owned by the Developer, therefore no offers of third persons granting the right to use the validating the data and commands cannot be interpreted by the User as the proposals coming from the Developer.
In case of disputes, unclear situations, or sending to the User any offers of third parties related to the payment of Remuneration for the right to use non-activated data and commands, or placing such ads and offers on the Internet, except for the Resources of the Developer and posted on behalf of the Developer, the User must immediately notify the Developer.
If the User, in violation of this provision, made payment for the specified ad using the details specified in such an announcement, the user's claims to the Developer about the lack of the User's right to use non-activated data and commands are not accepted, and the Developer does not compensate the User for the money spent by the User under such circumstances.
In case a Developer it is determined that the User is able to use the validating data and commands from a third party, the Developer shall have the discretion either to suspend or to limit the scope of the Agreement.
Obtaining the right to use non-activated data and commands by the User does not release the User from compliance with this Agreement and the Rules of conduct, and the application of any measures specified in this Agreement or the Rules of conduct.
The user guarantees to the Developer that he has the right to use the chosen means to pay a Fee for the right to use non-activated data and commands, without violating the legislation the State of Delaware and/or the legislation of another country of which the User is a citizen, and the rights of third parties. the Developer is not responsible for any possible damage to third parties and/or other Users caused as a result of the user's use of non-owned means of payment.
The Developer is not responsible for possible illegal actions of the User when paying a Fee for the right to use non-activated data and commands. The developer reserves the right to unilaterally revoke the license for the Game and (or) the right to use non-activated data and commands, if there is a suspicion of illegal actions by the User, up to clarification of circumstances.
If the Developer has reason to believe that the User commits illegal actions related to the payment of Remuneration for the right to use non-activated data and commands, the Developer has the right to transfer the relevant information to law enforcement agencies for verification of this fact.
The user alone and at his own expense bears all costs associated with the transfer of funds, including various fees and commissions of banks and payment system operators.
The user agrees, understands and accepts the fact that the Game is not gambling, gambling, competition, betting. The purchase of a license for the right to use non-activated data and commands is the realization of his own will and desire and is not a necessary or mandatory condition for the use of the Game in the ways established by this Agreement.

Limitation of liability
The user is fully aware of the fact that Hypemasters provides the Service "as is" and does not give any additional guarantees for its use, except as expressly listed in this Agreement. So the Developer cannot guarantee that:
The service will appeal to the User and will be able to partially or fully meet the expectations of the User formed at the time of installation of the Game and registration in the Service.
The results that can be obtained by using the Game will be unmistakable
Access to the Service will be uninterrupted, without technical failures, bugs and errors, including the fault of third parties, as well as technical equipment failures, both on the developer's side and the fault of third parties or Users.
The game will be available and can be used around the clock, at any given time or for any period of time.Except for the time of technical work, which may be indicated by the window in the game "The game is under maintenance".
The behavior of other Users in the Service will be correct and will not cause moral suffering or material loss to any Party to this Agreement.
Will be able to prevent damage from statements or actions in the Service of other Users and is not responsible for lost profits of the User.
The Developer is not responsible for the actions/omissions of third parties, in particular, in the advice and recommendations on the use of the Service outside the Service and the official groups specified in this Agreement.
The Developer is not responsible for the messages of Users in the chat, in the official groups. The Developer makes every effort through the use of technical means to be offensive and/or prohibited texts did not appear in the Services and/or removed as they are discovered, but the responsibility for placement of such messages are the responsibility of the User who performed the sending of such messages.
Under any circumstances, the developer's liability to the User is limited to the amount of 1 00 (one hundred) USD, unless otherwise expressly provided by applicable law.
The Developer disclaims any responsibility for the actions of Users who use the Service to implement as a wager, sweepstakes and other ways to obtain material or other benefits. In case of detection of such actions, the accounts of such Users will be deleted without the possibility of recovery.
The User warrants that he / she has all the necessary authority to enter into this Agreement. If the User has not reached the age of majority (18 years) or has become completely incapacitated due to the occurrence of other circumstances provided by the current legislation, he is obliged to independently obtain the necessary permission in the form required by law from his parents or other legal representatives. The use of the company's Services by the User means that the User has reached the age of majority and full legal capacity or has received the consent of parents and/or legal representatives.
The User understands, accepts and agrees that the Game may provide for various sound and/or video effects that, under certain circumstances, may cause persons prone to epileptic or other disorders of a nervous nature, exacerbation of these conditions, and the User guarantees that he does not suffer from these disorders, or undertakes not to use the Game.
The User accepts and agrees that regular long-term (continuous) presence in front of the screen of a mobile phone/PC/other technical means can cause various complications of physical condition, including visual impairment, scoliosis, various forms of neuroses and other negative effects on the body. The user warrants that he / she will use the Game only for a reasonable period of time, with breaks for rest or other measures to prevent physical condition, if such are recommended or prescribed to the User.
The User (the legal representative of the User) understands and accepts the text of this Agreement, is not in error and is aware that in case of violations of any paragraph of this Agreement, the Developer has the right to apply any sanction from paragraph 7.1., and the User has no right to object to the application of such sanctions.
If the User's account has been deleted in connection with the violation of this Agreement, the User may not insult, disseminate false information about the Company or employees of the Company. Otherwise, the Company will have to apply to the competent authorities.
The User is personally responsible for the safety of personal identifiers for authorization. In case of loss of these identifiers (as well as in cases of theft, unintentional deletion, zeroing and other cases), the Developer has the right to refuse to restore the User's account data.

The territory and the term of the Agreement
The User has the right to use the Game in the ways described in the Agreement, in the countries in which the Game is available through the Google Play, App Store, Steam and other Alternative Android Stores.
The term of the Agreement is one (1) year from the date of acceptance of the terms of the Agreement.
The Agreement shall be extended for each subsequent 1 (one) year, if before the expiration of the specified term of the Agreement:
The Developer will not decide to change the provisions of this Agreement, the need to enter into a new agreement with the User, the termination of the Game, the termination of this Agreement with respect to the User.
The user will not decide to stop using the Game.
Unless otherwise expressly provided by applicable law, Developer may at any time, without notice to the User and without explanation, terminate this Agreement unilaterally and without compensation for any costs, losses or refunds received under the Agreement, including in the event of:
the closing of the Game, i.e. the cessation of its operations with the Developer;
any, including a single, violation by the User of the terms of this Agreement or the Rules of conduct.
Developer may at any time, without notice to the User and without explanation, suspend or terminate this Agreement without compensation for any costs, losses or refunds received under the Agreement, including in the event of any, including a single, violation by the User of the terms of this Agreement or the Rules of conduct, unless otherwise expressly provided by applicable law.
The User has the right at any time without notice to the Developer and without explanation to terminate this Agreement unilaterally out of court by terminating the use of the game account.
The User agrees and fully acknowledges that all exclusive rights to the localized (translated into the appropriate language) about the Game, including game characters, game items and accessories, in-game credits in-game values, graphic images, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content of the Games and other parts of the Game belong to the Developer, unless otherwise explicitly stated in this Agreement, on the website of the Game or in the Game itself.
The User may not use individual elements of the Game, outside the Game without the written consent of the Developer, except as expressly provided in the Agreement or the Game methods.
The User understands, accepts and agrees that any element of the Game, in particular, any game characters, are an integral part of the Game as a computer program and are protected by copyright. Although the User is granted the right to use activated data and commands and may be granted the right to use non-activated data and commands, such use and development of the character is not and cannot be regarded under any circumstances as a transfer and/or assignment of exclusive rights in respect of this game character from the Developer to the User. Such management and character development is also not and cannot be regarded as the authorship of the User in relation to the game character and/or co-authorship of the User and the Developer in relation to the game character.
This Agreement does not provide for and does not allow the assignment of any exclusive rights or the issuance of an exclusive license for any components of the Game and/or Game Resources from the Developer to the User, the assignment by the User of the rights to use the Game, including all materials produced by the User during the use of the Game (gameplay recordings, streams, etc.), as well as the transfer of rights to use activated and non-activated data and commands acquired by the User.
If the User is prohibited from using computer games online in accordance with the laws of his state or there are other legal restrictions, including age restrictions on access to such software, the User may not use the Game. In this case, the User is solely responsible for the use of the Game on the territory of his state in violation of local law.
This Agreement may be changed by the Developer without any prior notice. Any changes in the Agreement made by the Developer unilaterally come into force on the day following the day of publication of such changes on the website of the Developer and/or other official resources. The user is obliged to check the Agreement periodically for changes. The failure of the User to read the Agreement and/or the amended version of the Agreement shall not serve as a basis for the user's failure to fulfill its obligations and non-compliance with the Restrictions set forth in the Agreement.
The invalidity of one or more provisions of the Agreement, recognized in accordance with the established procedure entered into force by a court decision, does not entail for the Parties the invalidity of the agreement as a whole. In case of recognition of one or more provisions of the Agreement in accordance with the established procedure invalid, the Parties undertake to fulfill the obligations assumed under the Agreement as close as possible to the implied Parties at the conclusion and/or agreed change of the Agreement.
If absolutely necessary , the User can contact the support service and request an agreement in one of the listed languages: EN,TR,FR,DE,ES,JP,RU,PORTUG_BR, IT,PL,KO,ZN-CN,ZN-TW.
This Agreement and the relationship between the Parties in connection with this Agreement and the use of the Game shall be governed by the laws of the State of Delaware.
If between You and Hypemasters there is a dispute, then initially you need to contact customer support in the Game in the Chat Support section. All disputes between the parties under this agreement shall be resolved by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the parties through negotiations within 60 (sixty) calendar days from the date of receipt by the other Party of a written claim, the dispute shall be referred by any interested party to the court of General jurisdiction at the location of the Company (with the exception of jurisdiction of any other courts), unless otherwise expressly provided by the current legislation of the State of Delaware.
If one or more clauses of this agreement are found to be invalid, such clauses shall be excluded from the agreement and shall not affect the execution of the agreement by the Parties in the remaining clauses.

Assignment of rights
Hypemasters may assign or transfer the execution of these Terms of use and/or the privacy Policy in whole or in part to any individual and legal entity at any time with or without the consent of the User. The user may not assign or transfer any rights and obligations arising from the Terms of use or the privacy Policy without the prior written consent.

Force majeure
Hypemasters is released from liability for full or partial failure to fulfill obligations under this Agreement, if such failure is the result of force majeure, including riots, embargoes, acts of civil or military authorities, other prohibitive actions of the authorities, natural disasters, fires or catastrophes, disruptions in the operation of infrastructure.