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HYPER ONLINE — TERMS OF SERVICE / END USER LICENSE AGREEMENT

TERMS OF SERVICE

Last Updated: 10/5/26
Effective Date: 10/19/26

1. Introduction

Welcome to DarkHorse ("Operator", "we", "our", "us")! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages.

These Terms of Service ("Terms", "Terms of Service") govern your use of our application Hyper Online (iOS, macOS, and Windows) and our website (collectively, the "Service") operated by DarkHorse. Hyper Online is an offline application. The Service may include local connectivity features with OBS and other local devices. The downloadable application software (the "Software") is licensed, not sold, to you, and these Terms also serve as the end user license agreement (EULA) governing your use of the Software, including the version distributed through Steam.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Service. Please read it here https://hyper.online/privacy.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@hyper.online so we can try to find a solution. These Terms apply to all users who wish to access or use Service.

Thank you for being responsible.

2. License Grant and Scope

Subject to your compliance with these Terms, Operator grants you a limited, non-exclusive, non-sublicensable, and non-transferable (except as permitted in Section 19) license, during the term of these Terms, to download and install one (1) copy of the Software on a device that you own or control, and to use and run the Software for your personal or internal business purposes in accordance with these Terms and the user documentation that Operator makes available for the Software at https://hyper.online/guides (the "Documentation"). The Software is licensed, not sold, to you. All rights not expressly granted to you are reserved by Operator and its licensors.

3. Purchases

To unlock the full functionality of Hyper Online ("Pro"), you may make a purchase through one of the following platforms depending on the version you use:

Apple App Store (iOS): Pro is available as an In-App Purchase processed exclusively by Apple Inc. We do not collect, process, or store your payment card or financial information.

Steam (macOS / Windows): Pro is available as a DLC purchase processed exclusively by Valve Corporation. We do not collect, process, or store your payment card or financial information.

Purchases are subject to the terms and conditions of the respective platform. We reserve the right to refuse or cancel a purchase if fraud or an unauthorized or illegal transaction is suspected.

4. Fee Changes

Operator, in its sole discretion and at any time, may modify pricing for In-App Purchases or DLC. Any price change will become effective upon update in the respective platform's store listing.

Operator will endeavor to provide reasonable prior notice of any price change via the respective store listing or the Service website.

Your continued use of Service after a price change constitutes your agreement to the new pricing for future purchases.

5. Refunds

Except when required by applicable law, purchases are non-refundable. For refund requests, please contact the respective platform directly:

Apple App Store (iOS): Contact Apple Inc. through App Store support.

Steam (macOS / Windows): Contact Valve Corporation through Steam support.

6. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

(a) use the Service in any way that violates any applicable national or international law or regulation;
(b) exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
(c) impersonate or attempt to impersonate Operator, an Operator representative, another user, or any other person or entity, or misrepresent your affiliation with a person or entity;
(d) infringe upon the rights of others, or act in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(e) provide any third party with access to or use of the Software in violation of these Terms;
(f) modify, translate, adapt, or create derivative works of the Software, or combine or incorporate the Software into any other programs, except to the extent permitted by applicable law;
(g) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof, except to the extent such restriction is expressly prohibited by applicable law;
(h) use any content available on or via the Software (including any caption information, keywords, or other metadata) for any machine learning or artificial intelligence training or development purposes, or for any technologies designed or intended for the identification of natural persons;
(i) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software;
(j) bypass, circumvent, or disable any license verification, security, or other protection measures of the Software, including features that prevent or restrict use or copying;
(k) identify or refer to Operator or the Software in a manner that could reasonably imply a relationship that involves endorsement, affiliation, or sponsorship without Operator's prior express written consent;
(l) copy the Software except as expressly permitted under these Terms;
(m) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Software available to any third party, whether or not over a network or on a hosted or software-as-a-service basis;
(n) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
(o) use any device, software, or routine that interferes with the proper working of the Service; or
(p) use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to Operator's commercial disadvantage.

7. Intellectual Property and Output

"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

Service and its original content, features and functionality are and will remain the exclusive property of Operator and its licensors. Service is protected by copyright, trademark, and other applicable laws, including but not limited to the laws of Japan. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Operator.

Subject to your compliance with these Terms, you may use the output you generate through your use of the Software ("Output") on a royalty-free basis, provided that you acknowledge and agree: (i) that your use of the Software and the Output does not transfer to you any ownership of any Intellectual Property Rights in the Software or in any materials or content made available on or through the Software; and (ii) that Operator may, by notice to you at any time, limit your use of the Output or require you to cease such use (and delete any copies thereof) if Operator reasonably believes that use of the Output may infringe the rights of any third party.

8. Error Reporting and Feedback

You may provide us either directly at support@hyper.online or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Operator may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Operator is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Operator an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

9. Third-Party Materials

The Software may include, or certain functionalities of the Software may require use of, software, content, data, or other materials, including related documentation, that are owned by persons other than Operator and that are provided to you on license terms that are in addition to or different from those contained in these Terms ("Third-Party Licenses"). A list of such third-party materials can be found at https://hyper.online/oss-disclosure and the applicable Third-Party Licenses are accessible via links therefrom. You are bound by and shall comply with all Third-Party Licenses in each case to the extent applicable. Any breach by you of any Third-Party License is also a breach of these Terms.

10. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Operator.

Operator has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Operator SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

11. Export Regulation

The Software may be subject to applicable export control laws and regulations, including those of Japan and the United States. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by applicable law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the applicable jurisdiction.

12. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY OPERATOR ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER OPERATOR NOR ANY PERSON ASSOCIATED WITH OPERATOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER OPERATOR NOR ANYONE ASSOCIATED WITH OPERATOR REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SOFTWARE, THE SERVICES, OR THE MEANS BY WHICH THEY ARE MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation Of Liability

EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU WILL HOLD US AND OUR EMPLOYEES AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF OPERATOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IF THERE IS LIABILITY FOUND ON THE PART OF OPERATOR, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE CONSUMER CONTRACT ACT OF JAPAN.

14. Indemnity

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold Operator and its agents, suppliers, licensors, and contractors (collectively, including Operator, the "Indemnitees") harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your unauthorized use of the Software or Output; (b) your violation of any term of these Terms, including breach of any representation or warranty set forth in these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or Intellectual Property Right; (d) your violation of any applicable laws or regulations; or (e) your willful misconduct. This Section does not limit any non-waivable rights you may have as a consumer under applicable law.

15. Termination

We may terminate or suspend your right to use Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to stop using Service, you may simply discontinue using Service and delete the application from your device.

Upon expiration or termination of these Terms, the licenses granted to you under these Terms will also terminate, and you shall cease using and delete or destroy all copies of the Software in your possession or control. No termination will entitle you to any refund except as required by applicable law or the policies of the applicable distribution platform.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Japan, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any disputes arising from or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

17. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users.

18. Amendments To Terms

We may amend these Terms from time to time. When we do, we will post the amended Terms on our website, and the amended Terms will state the date on which they become effective (the "Effective Date") at the top of these Terms.

We will post the amended Terms and provide a prominent notice on our Service or website before the Effective Date, so that you can review the changes in advance. It is your responsibility to review these Terms periodically.

The amended Terms become effective on the Effective Date. By continuing to access or use our Service on or after the Effective Date, you agree to be bound by the amended Terms. If you do not agree to the amended Terms, you are no longer authorized to use Service.

19. Assignment

You may not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations, under these Terms without Operator's prior written consent, and any purported assignment or transfer in violation of this Section is void. Operator may freely assign or otherwise transfer all or any of its rights and obligations under these Terms. These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

20. General Provisions

Waiver. No waiver by Operator of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Operator to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

Severability. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Force Majeure. Operator shall not be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms if and to the extent such failure or delay is caused by circumstances beyond Operator's reasonable control, including acts of God, flood, fire, earthquake or explosion, war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, national or regional emergency, strikes or other labor disturbances, or shortage of adequate power or transportation facilities.

Interpretation. For purposes of these Terms: (i) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (ii) the word "or" is not exclusive; (iii) the headings in these Terms are for reference only and do not affect the interpretation of these Terms; and (iv) references to the "Service" include the Software except where the context requires otherwise.

21. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

22. Contact Us

Please send your feedback, comments, requests for technical support:

By email: support@hyper.online.

23. Platform-Specific Terms

The following additional terms apply depending on the platform through which you obtain the Software. In the event of a conflict between these platform-specific terms and the other provisions of these Terms with respect to that platform, the platform-specific terms control for that platform.

23.1 Apple App Store (iOS)

If you download the application from the Apple App Store (the "App Store Sourced Application"), the following additional terms apply:

(a) Acknowledgement. These Terms are concluded between you and DarkHorse only, and not with Apple Inc. ("Apple"). DarkHorse, not Apple, is solely responsible for the App Store Sourced Application and its content.
(b) Scope of License. The license granted to you for the App Store Sourced Application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(c) Maintenance and Support. DarkHorse is solely responsible for providing any maintenance and support services with respect to the App Store Sourced Application. Apple has no obligation whatsoever to furnish any maintenance and support services.
(d) Warranty. DarkHorse is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
(e) Product Claims. DarkHorse, not Apple, is responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and/or use of it, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) Intellectual Property Rights. In the event of any third-party claim that the App Store Sourced Application or your possession and use of it infringes that third party's intellectual property rights, DarkHorse, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(g) Legal Compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App Store Sourced Application (for example, your wireless data service agreement).
(i) Third-Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with respect to the App Store Sourced Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(j) Developer Information. The Developer's name and the address and contact information to which any questions, complaints, or claims with respect to the App Store Sourced Application should be directed are those provided by DarkHorse to Apple and made available on the App Store product page for the application. Such questions, complaints, or claims may also be directed to support@hyper.online.

23.2 Steam (macOS / Windows)

If you obtain the Software through Steam, your access to and use of the Software is additionally subject to the Steam Subscriber Agreement and any other applicable terms of Valve Corporation. In the event of a conflict between Valve's terms and these Terms with respect to the operation of the Steam platform, Valve's terms govern with respect to the platform; these Terms continue to govern the license to, and your use of, the Software itself.