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END USER LICENSE AGREEMENT - HYPEJOE
Welcome to Hypejoe!
1 - OBJECT
1.1. This End User License Agreement (“EULA”) sets forth the terms and conditions under which Hypejoe Games Ltda, its affiliates, and subsidiaries ("Hypejoe," "we," or "our") offer their services (“Services”), which include: (i) our electronic games for PC, Mobile, and Consoles (“Games”); (ii) our websites, applications, and softwares used in connection with or separately from the Games (“Softwares”); (iii) our services related to our Games and Software, including our stores; and (iv) any other electronic games, applications, websites, software, and services that contain a link to this EULA.
1.2. This EULA also governs the relationship between Hypejoe and its users concerning materials and content of any nature and type (data, texts, images, photographs, music, videos, source code, etc.) (“Content”) made available by or through Hypejoe, including user-generated content (“UGC”), i.e., Content that users create, upload, publish, generate, and/or make available through the Services.
1.3. Any updates and changes that expand or modify the Services will also be subject to this EULA.
1.4. The Services offered by Hypejoe may be subject to modifications and restrictions depending on the jurisdiction in which the User is located.
1.5. READING AND ACCEPTING THIS EULA IS MANDATORY FOR USER REGISTRATION WITH Hypejoe AND FOR THE USE OF THE SERVICES. BY USING THE SERVICES OR CREATING AN ACCOUNT, YOU INDICATE YOUR IRREVOCABLE ACCEPTANCE OF THIS EULA.
2 - ELIGIBILITY TO USE THE SERVICES
2.1. User registration for the use of the Services may only be completed by individuals who are legally capable of assuming the related obligations and responsibilities (“User” or “You”). Individuals who have not reached the age of majority in their jurisdiction and individuals who have been disqualified by Hypejoe will not be allowed to carry out these activities.
2.2. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST OBTAIN PERMISSION FROM YOUR LEGAL GUARDIANS TO CREATE AN ACCOUNT, AND YOUR LEGAL GUARDIANS MUST READ AND AGREE TO THIS EULA. IF YOU FALL INTO THIS CATEGORY, YOU MUST NOT CREATE AN ACCOUNT UNTIL YOU HAVE OBTAINED THE APPROVAL OF YOUR LEGAL GUARDIANS. IF YOU ARE A LEGAL GUARDIAN OF A MINOR INTERESTED IN CREATING AN ACCOUNT TO USE THE SERVICES, YOU WILL BE FULLY RESPONSIBLE FOR THE USE OF THE ACCOUNT AND THE SERVICES, INCLUDING ANY FINANCIAL TRANSACTIONS CARRIED OUT.
2.3. Hypejoe reserves the right to deny access to the Services or the creation of accounts in its Softwares for any reason.
2.4. Certain Services offered by Hypejoe require specific minimum configurations for the devices used by the User. The User acknowledges and understands these requirements and, by subscribing to the Services, confirms awareness of such requirements. The inability to use the Services due to a lack of knowledge regarding these minimum configurations will not be grounds for a refund or reimbursement of any amounts paid in connection with the Services.
3. UPDATES AND CHANGES TO THE EULA AND SERVICES
3.1. Hypejoe may modify and/or update this EULA and other applicable rules related to the Services at any time to continuously improve its Services and better serve its users. Any modifications or updates will be communicated to users via email, SMS, mobile app notifications, or any other written communication method, providing a minimum period of 15 (fifteen) days before the updated/modified EULA and/or other rules take effect. If you continue to maintain an active account after this period, the relationship between Hypejoe and the User will be governed by the updated/modified EULA and/or other rules.
3.2. Hypejoe will keep the EULA updated and always accessible through its Softwares.
3.3. Hypejoe reserves the right to change, modify, suspend, or discontinue all or part of the Services at any time. Hypejoe may, at its sole discretion, release certain Services in experimental versions (Beta Version), which will be properly indicated. The User acknowledges that such Services may not function correctly, and Hypejoe will not be liable for any failures or issues arising from the Beta Version. Hypejoe may also impose limits on the Services and even restrict user access to parts or all of the Services at its sole discretion, without prior notice or liability.
3.4. Hypejoe may provide updates, patches, and other modifications to the Services that must be installed for the User to continue using the Services. These updates may be carried out remotely via Software updates and/or by accessing the Software installed on the User’s devices, for which the User authorizes and grants Hypejoe the right to perform such actions.
3.5. It is essential that the User has the latest versions of the Software to have full access to the Services and the guarantees defined in this EULA. Hypejoe shall not be liable for any failures resulting from the use of outdated Software.
4. INTELLECTUAL PROPERTY AND USER LICENSE
4.1. The Services and Content offered to the User incorporate and make available various inventions, creations, and other intellectual assets exclusively owned by Hypejoe, including but not limited to: trademarks and their variations, slogans, Softwares design, source codes, characters, music, sounds, storylines, dialogues, game lore, animations, databases, business models, content (text, audio, video), advertisements and promotions related to Hypejoe and the Services, domain names and their variations, outputs generated using generative artificial intelligence tools, among others. Any use of these creations, inventions, and assets—whether in whole or in part, identical or modified—beyond the limits of this EULA requires prior and express authorization from Hypejoe. Unauthorized use by the User may result in suspension and account termination, in addition to civil and criminal measures to protect Hypejoe’s rights.
4.1.1. The same applies to inventions, creations, and intellectual assets owned by third parties authorized to offer their services through the Services, whose ownership belongs to the respective third parties.
4.2. By using or accessing the Services, the User agrees to respect Hypejoe’s intellectual property rights and all other applicable laws that protect the Services and Content. The User agrees not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works from any part of the Services or Content, except as expressly permitted under this EULA.
4.3. Hypejoe grants the User a limited, non-exclusive, non-transferable, and revocable license to use and enjoy the Services solely for individual, non-commercial, entertainment purposes, and always conditioned upon compliance with the terms of this EULA. If the User’s account is terminated, any license granted for the Services and Content will automatically be revoked.
4.4. This license does NOT permit the User to make any commercial or derivative use of the Services, in whole or in part, including individual elements (e.g., game names, characters, music, etc.), except as expressly provided for in this EULA or in specific agreements with Hypejoe.
4.5. Hypejoe reserves the right to terminate any licenses granted under this EULA at any time and for any reason, without prior notice.
4.6. All rights not expressly granted by Hypejoe under this EULA are hereby reserved by Hypejoe.
5. USER-GENERATED CONTENT (“UGC”)
5.1. Hypejoe grants the User a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to use, display, and create derivative works based on the Services and Content (“UGC”), strictly for non-commercial purposes. Hypejoe reserves the right to prohibit the use of elements from its Services and Content at any time, for any reason. If Hypejoe does not authorize the User to use the Services and Content, the User must immediately cease any development, publication, and distribution of any part of the UGC.
5.1.1. The only commercially permitted uses of UGC, which may be revoked at any time by Hypejoe, are:
(i) Advertisements: Individual Users may promote their UGC on websites, broadcasts, or videos that generate revenue passively through appropriate advertisements, with Hypejoe having sole discretion to determine when an advertisement is considered inappropriate;
(ii) Broadcasts/Streaming: Users may request personal donations or offer subscription-based content while playing the Games live, provided that non-subscribers can also watch the same content without any restrictions.
5.2. By developing and distributing UGC, the User represents and warrants that:
(i) they are the legitimate creator and owner of the UGC, or they have the necessary rights and/or authorizations to use the UGC and grant Hypejoe the rights and permissions set forth in this EULA;
(ii) the UGC created by the User and its use do not: (a) infringe upon or negatively affect the rights of third parties; (b) defame, slander, or invade the privacy, publicity, or other proprietary rights of third parties; (c) require Hypejoe to obtain licenses, pay fees, and/or provide credit to third parties; or (d) cause Hypejoe to violate any laws or regulations.
5.3. To the fullest extent permitted by applicable law, the User irrevocably and perpetually waives all moral rights (or equivalent rights) under any jurisdiction regarding UGC they have created and/or contributed to. If such rights cannot be waived under applicable law, the User agrees not to enforce such rights against Hypejoe.
5.4. The User grants Hypejoe and its successors an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable (without requiring prior consent or authorization), and transferable (without requiring prior consent or authorization) license to use, reproduce, copy, distribute, publish, republish, transmit, modify, adapt, edit, create derivative works, publicly display, publicly communicate, and publicly perform such UGC, in whole or in part, through or in connection with the Services, in any media format, and through any media channels. This includes, but is not limited to, use for marketing or advertising purposes, promoting and redistributing parts of the Services (and their derivative works), and any other commercial or business purposes at Hypejoe’s sole discretion.
5.5. Any material, information, ideas, or other UGC that the User makes available on or through the Services, publishes or makes public, or otherwise transmits to Hypejoe by any means, will not be considered confidential by Hypejoe and may be disseminated, exploited, or otherwise used by Hypejoe or its affiliates under the same terms defined in this EULA. This provision does not apply to personal information, which is subject to our privacy policy, except to the extent that the User makes such personal information publicly available on or through the Services.
5.6. Hypejoe may, at its sole discretion, suspend the availability of or remove any UGC or other Content from the Services at any time and for any duration, including permanently, without notice and for any reason.
5.7. The User agrees not to use the UGC created, whether within or outside the Services:
(i) in an offensive, defamatory, sexually explicit, or otherwise objectionable manner, as determined by Hypejoe in each case;
(ii) in connection with false, defamatory, or slanderous statements about Hypejoe, or in any way intended or reasonably likely to disparage Hypejoe or bring Hypejoe into public disrepute;
(iii) in a manner intended or reasonably likely to suggest that the User is affiliated with Hypejoe or that Hypejoe endorses the UGC in question.
6. CODE OF CONDUCT AND RESPONSIBILITY OF HYPEJOE
6.1. The license granted by Hypejoe for the User’s use of the Services is conditioned on full compliance with this EULA. If the User fails to comply with the obligations and conditions set forth herein, the license may be automatically canceled or restricted by Hypejoe without requiring any notification, without prejudice to other applicable legal measures.
6.2. Throughout their relationship with Hypejoe and while using the Services, the User agrees not to:
(i) upload, publish, transmit, or make available in any way content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(ii) use the Services to harm third parties or make harmful content available to third parties;
(iii) upload, publish, transmit, or make available in any way content that violates the rights of Hypejoe or third parties, including any patents, trademarks, copyrights, intellectual property rights, or other proprietary rights of any party;
(iv) promote the creation and/or exploitation of derivative works of the Services without Hypejoe’s express permission or beyond the limits provided in this EULA;
(v) use the Services for any commercial purpose or in any way not permitted by this EULA;
(vi) use the Services for fraudulent or illegal purposes;
(vii) attempt to reverse engineer, decompile, or hack the Services (or any part thereof) or any network or platform connected to the Services, bypass authentication measures, encryption technology, or security measures implemented by Hypejoe regarding the Services, any connected or associated network or platform, and/or any data transmitted, processed, or stored by Hypejoe;
(viii) upload, publish, transmit, or make available any content containing viruses or any other malicious code, file, or program designed to interrupt, destroy, alter, and/or limit the functionality of the Services and/or any computing resource belonging to Hypejoe or its users;
(ix) upload, publish, transmit, or make available in any way content that threatens the integrity, security, or sovereignty of the country or jurisdiction from which the User is accessing or using the Services;
(x) attempt to solicit, gather, or collect any sensitive information or data related to other users, particularly any personal data, account information, or passwords;
(xi) upload, post, transmit, or make available in any way content that the User has no legal right to make available under applicable laws and/or contractual relationships;
(xii) upload, publish, transmit, or make available in any way content that contains viruses, worms, Trojan horses, or any other code, file, or malicious program designed to interfere with, manipulate, interrupt, destroy, or limit the functionality or integrity of any software or hardware;
(xiii) use any unauthorized version of the Services;
(xiv) interfere with, manipulate, or disrupt the Services, servers, networks, or platforms connected to the Services or any other user using the Services, or fail to comply with any requirements, procedures, policies, or regulations of servers, networks, or platforms connected to the Services;
(xv) promote actions that may damage, disable, overload, or impair the Services, servers, networks, or platforms connected to the Services;
(xvi) use the Services to intentionally or unintentionally violate laws and regulations related to anti-money laundering and counter-terrorism efforts;
(xvii) carry out, enable, cause, or permit any transactions (including payments or financial transactions) for which the User lacks authorization;
(xviii) create, access, or use multiple accounts in connection with any Game or Service;
(xix) attempt to sell or transfer their Account, any associated Virtual Currency, and/or Virtual Items to any third party in any way, except as expressly permitted under this EULA;
(xx) facilitate or encourage any violation of this EULA or other Hypejoe policies, including the Privacy Policy;
(xxi) engage in actions and behaviors intended to negatively impact the experience of other users using the Services (e.g., abandoning active matches);
(xxii) engage in anti-competitive conduct while using the Services (e.g., playing on another User's account, stream sniping, among others).
6.3. The User acknowledges that all content, whether public or private, is the sole and exclusive responsibility of its creator. Hypejoe does not control the content made available through the Services and cannot guarantee its accuracy, integrity, quality, or legality. The User may be exposed to content they find offensive, indecent, or objectionable while using the Services. If the User believes that certain content violates this EULA or any applicable law, they are encouraged to notify Hypejoe immediately through the appropriate channels. Hypejoe will make reasonable efforts to address the issue within a reasonable timeframe, following best practices and in accordance with applicable laws.
6.4. The User acknowledges that Hypejoe may, at its sole discretion, review, refuse, delete, and/or remove any account or content available through the Services for any reason. Hypejoe, or any designated representative, has the right to remove any account or content that violates this EULA and/or any applicable law, whether due to a complaint from another user, a legal/administrative removal order, or Hypejoe’s voluntary action if it believes in good faith that an account or content is in violation of this EULA.
6.5. If a User’s account is deleted or canceled in accordance with this EULA, all associated Virtual Items and Virtual Currency will be confiscated or deleted, and no refunds will be provided.
6.6. The User acknowledges and agrees that Hypejoe may access, retain, and/or disclose information and content from the User’s account if required by law, court order, or any governmental or regulatory authority with jurisdiction over Hypejoe. Additionally, Hypejoe may do so if it believes in good faith that such actions are reasonably necessary to:
(i) comply with legal process;
(ii) enforce the provisions of this EULA;
(iii) respond to complaints from other users or third parties; or
(iv) protect the rights of Hypejoe, its users, and third parties who may be affected.
6.7. The User acknowledges and agrees that Hypejoe may use automated tools and artificial intelligence, such as cheat detection software and other monitoring mechanisms, to enforce compliance and protect both Hypejoe and its users. Hypejoe may also require the User to install anti-cheat software or similar systems on their devices as a condition for using the Services, ensuring the best possible user experience.
6.8. In addition to canceling the User’s license and account, Hypejoe may, at its sole discretion and based on the severity of the violation and the User’s prior conduct, impose other penalties, including but not limited to: restrictions on access to the Services, temporary account suspension, increased waiting times for certain Services, among others.
6.9. If the User believes that any measure taken by Hypejoe was unjustified or excessive, they may submit a complaint through the designated channels provided by Hypejoe. Hypejoe may, but is not obligated to, review its decisions.
7. ACCOUNTS ON HYPEJOE
7.1. The account created by the User with Hypejoe is personal and non-transferable. The User may not allow third parties to access it for any purpose, under penalty of violating this EULA and facing the appropriate measures by Hypejoe. The User is solely responsible for all activities occurring on their account, and Hypejoe shall not be held liable for any loss or damage resulting from unauthorized use of the User's account due to a violation of this EULA.
7.2. For enhanced security, the User agrees to:
(i) keep their password confidential and use their login only to access the Services;
(ii) log out of their account after using the Services;
(iii) immediately notify Hypejoe of any unauthorized use of their access data; and
(iv) keep their account information updated and accurate.
7.3. The User agrees that Hypejoe may, at its sole discretion and without prior notice or liability to the User or any third party, immediately terminate the User's account and remove from the Services any content associated with the deleted account. Reasons for such termination may include, but are not limited to:
(i) prolonged account inactivity (6 months or more);
(ii) violation of this EULA;
(iii) violation of any applicable law;
(iv) behavior that harms other users, third parties, or Hypejoe's business interests or reputation;
(v) if the User initiates complaints and/or legal actions against Hypejoe.
7.4. In cases of account deletion or deactivation, Hypejoe is hereby authorized to confiscate and/or remove all Virtual Items and Virtual Currency without any refund to the User.
7.5. The User acknowledges that they may use their account with Hypejoe to access other products, websites, or services, including those provided by third parties that have a relationship with Hypejoe. The User must be aware of the rules and policies applicable to these third-party products, websites, and services, and Hypejoe bears no responsibility for them.
7.6. The User may cancel their account at any time by submitting a request through the specific field provided by Hypejoe in its Software. If the User has any pending financial transactions, Hypejoe may condition the effective cancellation of the account on the final payment of such outstanding amounts.
8. CHARGES AND PAYMENTS
8.1. Certain Services offered by Hypejoe may be paid services ("Paid Services"), such as virtual game items ("Virtual Items") (e.g., skins, emotes, and other available virtual accessories), virtual game currency ("Virtual Currency") used to purchase in-game items and for other purposes, and other rights available through Hypejoe's Services. The availability of these paid options may depend on the jurisdiction in which the User is located.
8.2. If the User chooses to purchase Paid Services, they agree to pay the amounts disclosed by Hypejoe for such purposes, either directly to Hypejoe or to its designated partner. The prices indicated by Hypejoe do not include any applicable taxes or fees unless explicitly stated otherwise. The User is solely responsible for paying any taxes or fees that may apply to the transaction.
8.3. For payment of Paid Services, Hypejoe may offer various payment methods, including those provided by Hypejoe's commercial partners. The User acknowledges that third-party payment tools are governed by their own terms of service, privacy policies, and the applicable laws of the jurisdiction where the purchase is made. Any fees charged by these partners shall be the sole responsibility of the User towards the respective third party.
8.4. Hypejoe may also offer recurring payment options—such as subscriptions or "game pass" models. The User fully understands that these options may have specific rules regarding scheduled billing, cancellation, and refunds, which will be disclosed at the time of purchase.
8.5. Hypejoe may suspend or cancel any transaction and/or the User's access to Paid Services if the stated prices are not paid within the defined period. The suspension or cancellation of Paid Services due to non-payment may result in the loss of the User’s access to the Paid Services, their account, and their content.
8.6. By selecting and indicating a payment method to Hypejoe or its commercial payment partners, the User declares that they are authorized to use the chosen payment method and that all provided information is truthful and accurate.
8.7. Hypejoe may change the prices of Paid Services at any time.
8.8. The User understands that the right to use Virtual Items and Virtual Currency derives from a limited, non-exclusive, non-transferable, revocable license to use such Virtual Currency and Virtual Items solely for personal entertainment and non-commercial purposes within the Services. The maintenance of the right to use Virtual Items and Virtual Currency in the User's account is conditional upon the maintenance of the User's account. If the User's account is terminated under the circumstances described in this EULA, Hypejoe may simultaneously revoke the right to use Virtual Items and Virtual Currency.
8.9. It is hereby clarified that Virtual Items and Virtual Currency have no monetary value and no application/value outside the Services. Virtual Items and Virtual Currency cannot be sold, traded, transferred, redeemed, or exchanged in any way for money or other goods or services outside the Services, except in cases specifically authorized by Hypejoe.
8.10. All purchases of Virtual Currency, Virtual Items, or other Paid Services are non-refundable and non-returnable unless otherwise stated in a specific communication from Hypejoe. If the account or Services are canceled, the User will not be entitled to any refund of Virtual Items, Virtual Currency, or other Paid Services.
9. LIMITATIONS OF HYPEJOE’S LIABILITY
9.1. The Services are provided "as is," without any warranties from Hypejoe, of any kind, whether express or implied, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or adjustment for a particular purpose. Hypejoe does not guarantee that the Services or the functions contained therein will be available and accessible uninterruptedly, securely, accurately, completely, or error-free. Additionally, Hypejoe does not guarantee that any identified defects, if any, will be corrected, or that the Services and/or the servers providing them will be free from viruses, worms, software locks, trojans, trap doors, time bombs, or any other malicious and harmful codes, instructions, programs, or components. The User acknowledges that all risks arising from the use or performance of the Services remain with the User to the maximum extent permitted by law.
9.2. Hypejoe shall not be liable for any failures, losses, or damages due to delay or non-performance of obligations under this EULA if they are caused, directly or indirectly, by any event or circumstance beyond Hypejoe's reasonable control, including, but not limited to: system failures, connection issues, server failures, technical problems, or data loss due to the aforementioned reasons, acts of God, epidemics, pandemics, floods, fires, strikes, or war.
9.3. Hypejoe shall not be liable, regardless of the grounds, for loss of use, profits, revenue, or any indirect, incidental, special, or consequential damages in connection with the use or inability to use the Services, including, without limitation, any damages resulting therefrom.
9.4. The User’s sole right in relation to any issue or dissatisfaction with the Services is to terminate their account and cancel any active Services.
10. THIRD-PARTY SERVICES
10.1. Hypejoe may provide, through the Services, links to third-party websites and services. The User acknowledges that such websites and services are not under Hypejoe’s control or responsibility and that access to them is at the User’s own risk. Hypejoe provides such links merely as a convenience, which does not imply any affiliation, endorsement, approval, or sponsorship by Hypejoe regarding such websites, their content, or services. Hypejoe shall not be liable for any loss or damage incurred by the User as a result of accessing such websites and services.
11. VIOLATIONS OF THE EULA, REPORTS, AND COMPLAINTS
11.1. For any complaints or reports regarding violations of the rules established in this EULA, Hypejoe provides an exclusive channel for such complaints: reclamacao@hypejoe.com.br.
11.2. When filing a complaint or report, the User must provide all relevant details and information regarding the reported matter, enabling Hypejoe to properly assess the situation. Some complaints, such as those related to copyright and trademark violations, may require identification of the reporting User and the allegedly infringed rights.
12. PRIVACY
12.1. Your privacy is very important to us at Hypejoe. To better protect your rights, we provide a dedicated Privacy Policy explaining our privacy practices in detail. Please review the Privacy Policy to understand how Hypejoe collects and processes information associated with your account and/or use of the Services. By accessing or using the Services or agreeing to this EULA, the User consents to the processing of their personal data by Hypejoe as described in the Privacy Policy.
13. USER WARRANTIES
13.1. By accepting this EULA and creating an account, the User represents and warrants that:
(i) They have the legal capacity to assume the obligations set forth in this EULA (or, if underage, they have the proper legal guardian’s consent);
(ii) The Services will be used solely for lawful purposes and in accordance with this EULA and all applicable laws, rules, codes, guidelines, policies, and regulations; and
(iii) The devices or machines used by the User to access the Services are owned by them or are properly authorized by the owner for such use.
14. INDEMNIFICATION
14.1. The User agrees to indemnify, defend, and hold Hypejoe, its partners, shareholders, subsidiaries, affiliates, directors, agents, licensees, or other partners, as well as its employees and service providers (“Indemnified Party”), harmless from and against any and all claims, proceedings, and legal actions, and all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, attorneys' fees and court/arbitration costs) incurred by any Indemnified Party arising from or related to:
(i) The User’s breach or infringement of any term of this EULA or any rule mentioned herein, including the breach of any warranty stated above;
(ii) The misuse of the Services;
(iii) The User’s violation or alleged violation of any law, regulation, or third-party rights.
14.2. To the extent permitted by applicable law, Hypejoe reserves the right to assume the defense of any matter subject to indemnification (without limiting the User’s indemnification obligations regarding such matter), in which case the User agrees to cooperate with the defense arranged by Hypejoe.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1. This EULA shall be governed by and interpreted in accordance with the laws of the Federative Republic of Brazil.
15.2. Any dispute, controversy, or claim of any kind related to this EULA, if against or related to Hypejoe or any indemnified party under this EULA, shall be brought before the courts of the jurisdiction where Hypejoe is domiciled.
16. GENERAL PROVISIONS
16.1. Hypejoe reserves all rights not expressly granted in this EULA.
16.2. If any provision of this EULA is deemed illegal, void, or for any reason unenforceable under the laws of any jurisdiction, that provision shall be considered removed from this EULA and shall not affect the validity and enforceability of any remaining provisions in that jurisdiction or the validity and enforceability of the provision in any other jurisdiction.
16.3. Hypejoe’s failure to enforce any provision of this EULA at any time shall not affect its right to enforce it later.
16.4. The terms set forth in this EULA, along with any agreements and policies included or referenced herein, constitute the entire agreement and understanding between the parties regarding the Services and supersede any prior agreement or understanding between them on the subject matter. The parties also exclude all implied terms. The parties have not relied on any statement, representation, warranty, understanding, commitment, promise, or guarantee beyond what is expressly stated in this EULA. Each party irrevocably and unconditionally waives all claims, rights, and remedies that, except for this clause, it might have had in relation to any of the foregoing.
16.5. Any communications and notifications provided for in this EULA shall be made in writing to the addresses, emails, and accounts provided by the User at the time of registration. With respect to Hypejoe, such communications and notifications may be sent to:
Hypejoe
info@hypejoe.com.br
São Paulo/SP, Brazil.
Welcome to Hypejoe!
1 - OBJECT
1.1. This End User License Agreement (“EULA”) sets forth the terms and conditions under which Hypejoe Games Ltda, its affiliates, and subsidiaries ("Hypejoe," "we," or "our") offer their services (“Services”), which include: (i) our electronic games for PC, Mobile, and Consoles (“Games”); (ii) our websites, applications, and softwares used in connection with or separately from the Games (“Softwares”); (iii) our services related to our Games and Software, including our stores; and (iv) any other electronic games, applications, websites, software, and services that contain a link to this EULA.
1.2. This EULA also governs the relationship between Hypejoe and its users concerning materials and content of any nature and type (data, texts, images, photographs, music, videos, source code, etc.) (“Content”) made available by or through Hypejoe, including user-generated content (“UGC”), i.e., Content that users create, upload, publish, generate, and/or make available through the Services.
1.3. Any updates and changes that expand or modify the Services will also be subject to this EULA.
1.4. The Services offered by Hypejoe may be subject to modifications and restrictions depending on the jurisdiction in which the User is located.
1.5. READING AND ACCEPTING THIS EULA IS MANDATORY FOR USER REGISTRATION WITH Hypejoe AND FOR THE USE OF THE SERVICES. BY USING THE SERVICES OR CREATING AN ACCOUNT, YOU INDICATE YOUR IRREVOCABLE ACCEPTANCE OF THIS EULA.
2 - ELIGIBILITY TO USE THE SERVICES
2.1. User registration for the use of the Services may only be completed by individuals who are legally capable of assuming the related obligations and responsibilities (“User” or “You”). Individuals who have not reached the age of majority in their jurisdiction and individuals who have been disqualified by Hypejoe will not be allowed to carry out these activities.
2.2. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST OBTAIN PERMISSION FROM YOUR LEGAL GUARDIANS TO CREATE AN ACCOUNT, AND YOUR LEGAL GUARDIANS MUST READ AND AGREE TO THIS EULA. IF YOU FALL INTO THIS CATEGORY, YOU MUST NOT CREATE AN ACCOUNT UNTIL YOU HAVE OBTAINED THE APPROVAL OF YOUR LEGAL GUARDIANS. IF YOU ARE A LEGAL GUARDIAN OF A MINOR INTERESTED IN CREATING AN ACCOUNT TO USE THE SERVICES, YOU WILL BE FULLY RESPONSIBLE FOR THE USE OF THE ACCOUNT AND THE SERVICES, INCLUDING ANY FINANCIAL TRANSACTIONS CARRIED OUT.
2.3. Hypejoe reserves the right to deny access to the Services or the creation of accounts in its Softwares for any reason.
2.4. Certain Services offered by Hypejoe require specific minimum configurations for the devices used by the User. The User acknowledges and understands these requirements and, by subscribing to the Services, confirms awareness of such requirements. The inability to use the Services due to a lack of knowledge regarding these minimum configurations will not be grounds for a refund or reimbursement of any amounts paid in connection with the Services.
3. UPDATES AND CHANGES TO THE EULA AND SERVICES
3.1. Hypejoe may modify and/or update this EULA and other applicable rules related to the Services at any time to continuously improve its Services and better serve its users. Any modifications or updates will be communicated to users via email, SMS, mobile app notifications, or any other written communication method, providing a minimum period of 15 (fifteen) days before the updated/modified EULA and/or other rules take effect. If you continue to maintain an active account after this period, the relationship between Hypejoe and the User will be governed by the updated/modified EULA and/or other rules.
3.2. Hypejoe will keep the EULA updated and always accessible through its Softwares.
3.3. Hypejoe reserves the right to change, modify, suspend, or discontinue all or part of the Services at any time. Hypejoe may, at its sole discretion, release certain Services in experimental versions (Beta Version), which will be properly indicated. The User acknowledges that such Services may not function correctly, and Hypejoe will not be liable for any failures or issues arising from the Beta Version. Hypejoe may also impose limits on the Services and even restrict user access to parts or all of the Services at its sole discretion, without prior notice or liability.
3.4. Hypejoe may provide updates, patches, and other modifications to the Services that must be installed for the User to continue using the Services. These updates may be carried out remotely via Software updates and/or by accessing the Software installed on the User’s devices, for which the User authorizes and grants Hypejoe the right to perform such actions.
3.5. It is essential that the User has the latest versions of the Software to have full access to the Services and the guarantees defined in this EULA. Hypejoe shall not be liable for any failures resulting from the use of outdated Software.
4. INTELLECTUAL PROPERTY AND USER LICENSE
4.1. The Services and Content offered to the User incorporate and make available various inventions, creations, and other intellectual assets exclusively owned by Hypejoe, including but not limited to: trademarks and their variations, slogans, Softwares design, source codes, characters, music, sounds, storylines, dialogues, game lore, animations, databases, business models, content (text, audio, video), advertisements and promotions related to Hypejoe and the Services, domain names and their variations, outputs generated using generative artificial intelligence tools, among others. Any use of these creations, inventions, and assets—whether in whole or in part, identical or modified—beyond the limits of this EULA requires prior and express authorization from Hypejoe. Unauthorized use by the User may result in suspension and account termination, in addition to civil and criminal measures to protect Hypejoe’s rights.
4.1.1. The same applies to inventions, creations, and intellectual assets owned by third parties authorized to offer their services through the Services, whose ownership belongs to the respective third parties.
4.2. By using or accessing the Services, the User agrees to respect Hypejoe’s intellectual property rights and all other applicable laws that protect the Services and Content. The User agrees not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works from any part of the Services or Content, except as expressly permitted under this EULA.
4.3. Hypejoe grants the User a limited, non-exclusive, non-transferable, and revocable license to use and enjoy the Services solely for individual, non-commercial, entertainment purposes, and always conditioned upon compliance with the terms of this EULA. If the User’s account is terminated, any license granted for the Services and Content will automatically be revoked.
4.4. This license does NOT permit the User to make any commercial or derivative use of the Services, in whole or in part, including individual elements (e.g., game names, characters, music, etc.), except as expressly provided for in this EULA or in specific agreements with Hypejoe.
4.5. Hypejoe reserves the right to terminate any licenses granted under this EULA at any time and for any reason, without prior notice.
4.6. All rights not expressly granted by Hypejoe under this EULA are hereby reserved by Hypejoe.
5. USER-GENERATED CONTENT (“UGC”)
5.1. Hypejoe grants the User a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to use, display, and create derivative works based on the Services and Content (“UGC”), strictly for non-commercial purposes. Hypejoe reserves the right to prohibit the use of elements from its Services and Content at any time, for any reason. If Hypejoe does not authorize the User to use the Services and Content, the User must immediately cease any development, publication, and distribution of any part of the UGC.
5.1.1. The only commercially permitted uses of UGC, which may be revoked at any time by Hypejoe, are:
(i) Advertisements: Individual Users may promote their UGC on websites, broadcasts, or videos that generate revenue passively through appropriate advertisements, with Hypejoe having sole discretion to determine when an advertisement is considered inappropriate;
(ii) Broadcasts/Streaming: Users may request personal donations or offer subscription-based content while playing the Games live, provided that non-subscribers can also watch the same content without any restrictions.
5.2. By developing and distributing UGC, the User represents and warrants that:
(i) they are the legitimate creator and owner of the UGC, or they have the necessary rights and/or authorizations to use the UGC and grant Hypejoe the rights and permissions set forth in this EULA;
(ii) the UGC created by the User and its use do not: (a) infringe upon or negatively affect the rights of third parties; (b) defame, slander, or invade the privacy, publicity, or other proprietary rights of third parties; (c) require Hypejoe to obtain licenses, pay fees, and/or provide credit to third parties; or (d) cause Hypejoe to violate any laws or regulations.
5.3. To the fullest extent permitted by applicable law, the User irrevocably and perpetually waives all moral rights (or equivalent rights) under any jurisdiction regarding UGC they have created and/or contributed to. If such rights cannot be waived under applicable law, the User agrees not to enforce such rights against Hypejoe.
5.4. The User grants Hypejoe and its successors an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable (without requiring prior consent or authorization), and transferable (without requiring prior consent or authorization) license to use, reproduce, copy, distribute, publish, republish, transmit, modify, adapt, edit, create derivative works, publicly display, publicly communicate, and publicly perform such UGC, in whole or in part, through or in connection with the Services, in any media format, and through any media channels. This includes, but is not limited to, use for marketing or advertising purposes, promoting and redistributing parts of the Services (and their derivative works), and any other commercial or business purposes at Hypejoe’s sole discretion.
5.5. Any material, information, ideas, or other UGC that the User makes available on or through the Services, publishes or makes public, or otherwise transmits to Hypejoe by any means, will not be considered confidential by Hypejoe and may be disseminated, exploited, or otherwise used by Hypejoe or its affiliates under the same terms defined in this EULA. This provision does not apply to personal information, which is subject to our privacy policy, except to the extent that the User makes such personal information publicly available on or through the Services.
5.6. Hypejoe may, at its sole discretion, suspend the availability of or remove any UGC or other Content from the Services at any time and for any duration, including permanently, without notice and for any reason.
5.7. The User agrees not to use the UGC created, whether within or outside the Services:
(i) in an offensive, defamatory, sexually explicit, or otherwise objectionable manner, as determined by Hypejoe in each case;
(ii) in connection with false, defamatory, or slanderous statements about Hypejoe, or in any way intended or reasonably likely to disparage Hypejoe or bring Hypejoe into public disrepute;
(iii) in a manner intended or reasonably likely to suggest that the User is affiliated with Hypejoe or that Hypejoe endorses the UGC in question.
6. CODE OF CONDUCT AND RESPONSIBILITY OF HYPEJOE
6.1. The license granted by Hypejoe for the User’s use of the Services is conditioned on full compliance with this EULA. If the User fails to comply with the obligations and conditions set forth herein, the license may be automatically canceled or restricted by Hypejoe without requiring any notification, without prejudice to other applicable legal measures.
6.2. Throughout their relationship with Hypejoe and while using the Services, the User agrees not to:
(i) upload, publish, transmit, or make available in any way content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(ii) use the Services to harm third parties or make harmful content available to third parties;
(iii) upload, publish, transmit, or make available in any way content that violates the rights of Hypejoe or third parties, including any patents, trademarks, copyrights, intellectual property rights, or other proprietary rights of any party;
(iv) promote the creation and/or exploitation of derivative works of the Services without Hypejoe’s express permission or beyond the limits provided in this EULA;
(v) use the Services for any commercial purpose or in any way not permitted by this EULA;
(vi) use the Services for fraudulent or illegal purposes;
(vii) attempt to reverse engineer, decompile, or hack the Services (or any part thereof) or any network or platform connected to the Services, bypass authentication measures, encryption technology, or security measures implemented by Hypejoe regarding the Services, any connected or associated network or platform, and/or any data transmitted, processed, or stored by Hypejoe;
(viii) upload, publish, transmit, or make available any content containing viruses or any other malicious code, file, or program designed to interrupt, destroy, alter, and/or limit the functionality of the Services and/or any computing resource belonging to Hypejoe or its users;
(ix) upload, publish, transmit, or make available in any way content that threatens the integrity, security, or sovereignty of the country or jurisdiction from which the User is accessing or using the Services;
(x) attempt to solicit, gather, or collect any sensitive information or data related to other users, particularly any personal data, account information, or passwords;
(xi) upload, post, transmit, or make available in any way content that the User has no legal right to make available under applicable laws and/or contractual relationships;
(xii) upload, publish, transmit, or make available in any way content that contains viruses, worms, Trojan horses, or any other code, file, or malicious program designed to interfere with, manipulate, interrupt, destroy, or limit the functionality or integrity of any software or hardware;
(xiii) use any unauthorized version of the Services;
(xiv) interfere with, manipulate, or disrupt the Services, servers, networks, or platforms connected to the Services or any other user using the Services, or fail to comply with any requirements, procedures, policies, or regulations of servers, networks, or platforms connected to the Services;
(xv) promote actions that may damage, disable, overload, or impair the Services, servers, networks, or platforms connected to the Services;
(xvi) use the Services to intentionally or unintentionally violate laws and regulations related to anti-money laundering and counter-terrorism efforts;
(xvii) carry out, enable, cause, or permit any transactions (including payments or financial transactions) for which the User lacks authorization;
(xviii) create, access, or use multiple accounts in connection with any Game or Service;
(xix) attempt to sell or transfer their Account, any associated Virtual Currency, and/or Virtual Items to any third party in any way, except as expressly permitted under this EULA;
(xx) facilitate or encourage any violation of this EULA or other Hypejoe policies, including the Privacy Policy;
(xxi) engage in actions and behaviors intended to negatively impact the experience of other users using the Services (e.g., abandoning active matches);
(xxii) engage in anti-competitive conduct while using the Services (e.g., playing on another User's account, stream sniping, among others).
6.3. The User acknowledges that all content, whether public or private, is the sole and exclusive responsibility of its creator. Hypejoe does not control the content made available through the Services and cannot guarantee its accuracy, integrity, quality, or legality. The User may be exposed to content they find offensive, indecent, or objectionable while using the Services. If the User believes that certain content violates this EULA or any applicable law, they are encouraged to notify Hypejoe immediately through the appropriate channels. Hypejoe will make reasonable efforts to address the issue within a reasonable timeframe, following best practices and in accordance with applicable laws.
6.4. The User acknowledges that Hypejoe may, at its sole discretion, review, refuse, delete, and/or remove any account or content available through the Services for any reason. Hypejoe, or any designated representative, has the right to remove any account or content that violates this EULA and/or any applicable law, whether due to a complaint from another user, a legal/administrative removal order, or Hypejoe’s voluntary action if it believes in good faith that an account or content is in violation of this EULA.
6.5. If a User’s account is deleted or canceled in accordance with this EULA, all associated Virtual Items and Virtual Currency will be confiscated or deleted, and no refunds will be provided.
6.6. The User acknowledges and agrees that Hypejoe may access, retain, and/or disclose information and content from the User’s account if required by law, court order, or any governmental or regulatory authority with jurisdiction over Hypejoe. Additionally, Hypejoe may do so if it believes in good faith that such actions are reasonably necessary to:
(i) comply with legal process;
(ii) enforce the provisions of this EULA;
(iii) respond to complaints from other users or third parties; or
(iv) protect the rights of Hypejoe, its users, and third parties who may be affected.
6.7. The User acknowledges and agrees that Hypejoe may use automated tools and artificial intelligence, such as cheat detection software and other monitoring mechanisms, to enforce compliance and protect both Hypejoe and its users. Hypejoe may also require the User to install anti-cheat software or similar systems on their devices as a condition for using the Services, ensuring the best possible user experience.
6.8. In addition to canceling the User’s license and account, Hypejoe may, at its sole discretion and based on the severity of the violation and the User’s prior conduct, impose other penalties, including but not limited to: restrictions on access to the Services, temporary account suspension, increased waiting times for certain Services, among others.
6.9. If the User believes that any measure taken by Hypejoe was unjustified or excessive, they may submit a complaint through the designated channels provided by Hypejoe. Hypejoe may, but is not obligated to, review its decisions.
7. ACCOUNTS ON HYPEJOE
7.1. The account created by the User with Hypejoe is personal and non-transferable. The User may not allow third parties to access it for any purpose, under penalty of violating this EULA and facing the appropriate measures by Hypejoe. The User is solely responsible for all activities occurring on their account, and Hypejoe shall not be held liable for any loss or damage resulting from unauthorized use of the User's account due to a violation of this EULA.
7.2. For enhanced security, the User agrees to:
(i) keep their password confidential and use their login only to access the Services;
(ii) log out of their account after using the Services;
(iii) immediately notify Hypejoe of any unauthorized use of their access data; and
(iv) keep their account information updated and accurate.
7.3. The User agrees that Hypejoe may, at its sole discretion and without prior notice or liability to the User or any third party, immediately terminate the User's account and remove from the Services any content associated with the deleted account. Reasons for such termination may include, but are not limited to:
(i) prolonged account inactivity (6 months or more);
(ii) violation of this EULA;
(iii) violation of any applicable law;
(iv) behavior that harms other users, third parties, or Hypejoe's business interests or reputation;
(v) if the User initiates complaints and/or legal actions against Hypejoe.
7.4. In cases of account deletion or deactivation, Hypejoe is hereby authorized to confiscate and/or remove all Virtual Items and Virtual Currency without any refund to the User.
7.5. The User acknowledges that they may use their account with Hypejoe to access other products, websites, or services, including those provided by third parties that have a relationship with Hypejoe. The User must be aware of the rules and policies applicable to these third-party products, websites, and services, and Hypejoe bears no responsibility for them.
7.6. The User may cancel their account at any time by submitting a request through the specific field provided by Hypejoe in its Software. If the User has any pending financial transactions, Hypejoe may condition the effective cancellation of the account on the final payment of such outstanding amounts.
8. CHARGES AND PAYMENTS
8.1. Certain Services offered by Hypejoe may be paid services ("Paid Services"), such as virtual game items ("Virtual Items") (e.g., skins, emotes, and other available virtual accessories), virtual game currency ("Virtual Currency") used to purchase in-game items and for other purposes, and other rights available through Hypejoe's Services. The availability of these paid options may depend on the jurisdiction in which the User is located.
8.2. If the User chooses to purchase Paid Services, they agree to pay the amounts disclosed by Hypejoe for such purposes, either directly to Hypejoe or to its designated partner. The prices indicated by Hypejoe do not include any applicable taxes or fees unless explicitly stated otherwise. The User is solely responsible for paying any taxes or fees that may apply to the transaction.
8.3. For payment of Paid Services, Hypejoe may offer various payment methods, including those provided by Hypejoe's commercial partners. The User acknowledges that third-party payment tools are governed by their own terms of service, privacy policies, and the applicable laws of the jurisdiction where the purchase is made. Any fees charged by these partners shall be the sole responsibility of the User towards the respective third party.
8.4. Hypejoe may also offer recurring payment options—such as subscriptions or "game pass" models. The User fully understands that these options may have specific rules regarding scheduled billing, cancellation, and refunds, which will be disclosed at the time of purchase.
8.5. Hypejoe may suspend or cancel any transaction and/or the User's access to Paid Services if the stated prices are not paid within the defined period. The suspension or cancellation of Paid Services due to non-payment may result in the loss of the User’s access to the Paid Services, their account, and their content.
8.6. By selecting and indicating a payment method to Hypejoe or its commercial payment partners, the User declares that they are authorized to use the chosen payment method and that all provided information is truthful and accurate.
8.7. Hypejoe may change the prices of Paid Services at any time.
8.8. The User understands that the right to use Virtual Items and Virtual Currency derives from a limited, non-exclusive, non-transferable, revocable license to use such Virtual Currency and Virtual Items solely for personal entertainment and non-commercial purposes within the Services. The maintenance of the right to use Virtual Items and Virtual Currency in the User's account is conditional upon the maintenance of the User's account. If the User's account is terminated under the circumstances described in this EULA, Hypejoe may simultaneously revoke the right to use Virtual Items and Virtual Currency.
8.9. It is hereby clarified that Virtual Items and Virtual Currency have no monetary value and no application/value outside the Services. Virtual Items and Virtual Currency cannot be sold, traded, transferred, redeemed, or exchanged in any way for money or other goods or services outside the Services, except in cases specifically authorized by Hypejoe.
8.10. All purchases of Virtual Currency, Virtual Items, or other Paid Services are non-refundable and non-returnable unless otherwise stated in a specific communication from Hypejoe. If the account or Services are canceled, the User will not be entitled to any refund of Virtual Items, Virtual Currency, or other Paid Services.
9. LIMITATIONS OF HYPEJOE’S LIABILITY
9.1. The Services are provided "as is," without any warranties from Hypejoe, of any kind, whether express or implied, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or adjustment for a particular purpose. Hypejoe does not guarantee that the Services or the functions contained therein will be available and accessible uninterruptedly, securely, accurately, completely, or error-free. Additionally, Hypejoe does not guarantee that any identified defects, if any, will be corrected, or that the Services and/or the servers providing them will be free from viruses, worms, software locks, trojans, trap doors, time bombs, or any other malicious and harmful codes, instructions, programs, or components. The User acknowledges that all risks arising from the use or performance of the Services remain with the User to the maximum extent permitted by law.
9.2. Hypejoe shall not be liable for any failures, losses, or damages due to delay or non-performance of obligations under this EULA if they are caused, directly or indirectly, by any event or circumstance beyond Hypejoe's reasonable control, including, but not limited to: system failures, connection issues, server failures, technical problems, or data loss due to the aforementioned reasons, acts of God, epidemics, pandemics, floods, fires, strikes, or war.
9.3. Hypejoe shall not be liable, regardless of the grounds, for loss of use, profits, revenue, or any indirect, incidental, special, or consequential damages in connection with the use or inability to use the Services, including, without limitation, any damages resulting therefrom.
9.4. The User’s sole right in relation to any issue or dissatisfaction with the Services is to terminate their account and cancel any active Services.
10. THIRD-PARTY SERVICES
10.1. Hypejoe may provide, through the Services, links to third-party websites and services. The User acknowledges that such websites and services are not under Hypejoe’s control or responsibility and that access to them is at the User’s own risk. Hypejoe provides such links merely as a convenience, which does not imply any affiliation, endorsement, approval, or sponsorship by Hypejoe regarding such websites, their content, or services. Hypejoe shall not be liable for any loss or damage incurred by the User as a result of accessing such websites and services.
11. VIOLATIONS OF THE EULA, REPORTS, AND COMPLAINTS
11.1. For any complaints or reports regarding violations of the rules established in this EULA, Hypejoe provides an exclusive channel for such complaints: reclamacao@hypejoe.com.br.
11.2. When filing a complaint or report, the User must provide all relevant details and information regarding the reported matter, enabling Hypejoe to properly assess the situation. Some complaints, such as those related to copyright and trademark violations, may require identification of the reporting User and the allegedly infringed rights.
12. PRIVACY
12.1. Your privacy is very important to us at Hypejoe. To better protect your rights, we provide a dedicated Privacy Policy explaining our privacy practices in detail. Please review the Privacy Policy to understand how Hypejoe collects and processes information associated with your account and/or use of the Services. By accessing or using the Services or agreeing to this EULA, the User consents to the processing of their personal data by Hypejoe as described in the Privacy Policy.
13. USER WARRANTIES
13.1. By accepting this EULA and creating an account, the User represents and warrants that:
(i) They have the legal capacity to assume the obligations set forth in this EULA (or, if underage, they have the proper legal guardian’s consent);
(ii) The Services will be used solely for lawful purposes and in accordance with this EULA and all applicable laws, rules, codes, guidelines, policies, and regulations; and
(iii) The devices or machines used by the User to access the Services are owned by them or are properly authorized by the owner for such use.
14. INDEMNIFICATION
14.1. The User agrees to indemnify, defend, and hold Hypejoe, its partners, shareholders, subsidiaries, affiliates, directors, agents, licensees, or other partners, as well as its employees and service providers (“Indemnified Party”), harmless from and against any and all claims, proceedings, and legal actions, and all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, attorneys' fees and court/arbitration costs) incurred by any Indemnified Party arising from or related to:
(i) The User’s breach or infringement of any term of this EULA or any rule mentioned herein, including the breach of any warranty stated above;
(ii) The misuse of the Services;
(iii) The User’s violation or alleged violation of any law, regulation, or third-party rights.
14.2. To the extent permitted by applicable law, Hypejoe reserves the right to assume the defense of any matter subject to indemnification (without limiting the User’s indemnification obligations regarding such matter), in which case the User agrees to cooperate with the defense arranged by Hypejoe.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1. This EULA shall be governed by and interpreted in accordance with the laws of the Federative Republic of Brazil.
15.2. Any dispute, controversy, or claim of any kind related to this EULA, if against or related to Hypejoe or any indemnified party under this EULA, shall be brought before the courts of the jurisdiction where Hypejoe is domiciled.
16. GENERAL PROVISIONS
16.1. Hypejoe reserves all rights not expressly granted in this EULA.
16.2. If any provision of this EULA is deemed illegal, void, or for any reason unenforceable under the laws of any jurisdiction, that provision shall be considered removed from this EULA and shall not affect the validity and enforceability of any remaining provisions in that jurisdiction or the validity and enforceability of the provision in any other jurisdiction.
16.3. Hypejoe’s failure to enforce any provision of this EULA at any time shall not affect its right to enforce it later.
16.4. The terms set forth in this EULA, along with any agreements and policies included or referenced herein, constitute the entire agreement and understanding between the parties regarding the Services and supersede any prior agreement or understanding between them on the subject matter. The parties also exclude all implied terms. The parties have not relied on any statement, representation, warranty, understanding, commitment, promise, or guarantee beyond what is expressly stated in this EULA. Each party irrevocably and unconditionally waives all claims, rights, and remedies that, except for this clause, it might have had in relation to any of the foregoing.
16.5. Any communications and notifications provided for in this EULA shall be made in writing to the addresses, emails, and accounts provided by the User at the time of registration. With respect to Hypejoe, such communications and notifications may be sent to:
Hypejoe
info@hypejoe.com.br
São Paulo/SP, Brazil.