Terms of Service

1. Acceptance of These Terms

These Terms of Service (“Terms”) govern your access to and use of the HyperGo iOS application and our websites and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

These Terms are between you and HYPERGO Limited (operating as “HyperGo”).

If you do not agree to these Terms, do not use the Services.

2. What HyperGo Is (and Is Not)

HyperGo is a non-custodial software product designed to help users understand and interact with decentralized digital asset markets. The Services provide market data, trading interfaces, and portfolio tools that enable users to interact directly with third-party decentralized protocols (such as Hyperliquid) using their own wallets.

3. Eligibility; Restricted Use

You must be at least 18 years old (or the age of majority in your place of residence) to use the Services.

You may not use the Services if (a) doing so would violate any applicable law or regulation, (b) you are located in, ordinarily resident in, or organized under the laws of any jurisdiction where the Services are prohibited, or (c) you are subject to sanctions or listed on any restricted party list maintained by a governmental authority. Without limiting the foregoing, this may include jurisdictions subject to broad trade or economic sanctions.

You are solely responsible for ensuring that your use of the Services is lawful in your jurisdiction, including any rules relating to digital assets, derivatives, and perpetual futures.

Availability of Services and features varies by jurisdiction. Certain features (including trading and transfer capabilities) may be unavailable or limited based on your location, residency, sanctions status, network signals, or other compliance controls.

You must not attempt to bypass or evade geographic or compliance controls.

4. Non-Custodial Wallet Responsibility

The Services are non-custodial. You control your wallet and are solely responsible for safeguarding your wallet credentials, private keys, seed phrases, and any authentication factors. We do not have access to your private keys and cannot recover them.

You are solely responsible for all activity conducted through your wallet, including submitting transactions and interacting with third-party protocols. Transactions on public blockchains are irreversible, and we cannot reverse, cancel, or refund blockchain transactions.

5. Third-Party Protocols and Services

The Services may provide access to or integrate with third-party protocols, smart contracts, APIs, and services, including wallet infrastructure providers (e.g., Privy) and third-party on-ramp providers (e.g., MoonPay) (collectively, “Third-Party Services”).

Third-Party Services are not operated by HyperGo. We do not control, and we are not responsible for, the availability, security, functionality, performance, pricing, compliance, or content of Third-Party Services. Your use of Third-Party Services is subject to their terms and policies, and you should review them before use.

HyperGo does not modify, validate, or intervene in protocol-level transactions.

Trade matching, order execution, and settlement are provided by Third-Party Services. HyperGo provides a non-custodial software interface that helps you create and transmit user-authorized instructions.

If you choose to use an on-ramp, you may be required by the on-ramp provider to complete identity verification (KYC), provide payment method details, or agree to additional terms. HyperGo does not process your fiat payments.

6. No Investment Advice; No Fiduciary Duty

The Services are provided for informational and technical interface purposes only. HyperGo does not provide investment, legal, tax, or financial advice, and nothing in the Services constitutes a recommendation, endorsement, or solicitation to buy, sell, or hold any digital asset or to engage in any trading strategy.

You are solely responsible for evaluating the merits and risks of any transaction or strategy and for any decisions you make.

7. Risk Disclosures

Using digital assets and decentralized protocols involves significant risks, and you may lose some or all of your assets. Risks include, but are not limited to:

• extreme price volatility and market risk;
• leverage and liquidation risk (including when trading perpetual futures);
• smart contract, protocol, oracle, and software risks;
• network congestion, chain reorganizations, forks, and outages;
• counterparty and settlement risks that may arise within third-party protocols;
• cybersecurity risks, including malware, SIM swap, phishing, and wallet compromise; and
• regulatory, legal, and tax risks that may affect your ability to use the Services or Third-Party Services.

HyperGo is not responsible for losses arising from these risks. You should only use the Services if you understand and can bear these risks.

8. Market Data and Availability

The Services may display market data, price feeds, charts, funding rates, and other information sourced from third parties and/or derived from third-party protocols. This information may be delayed, incomplete, inaccurate, or unavailable. HyperGo does not guarantee the accuracy or completeness of any information displayed.

We may modify, suspend, or discontinue all or part of the Services at any time, including for maintenance, upgrades, security, compliance, or business reasons.

9. Fees and Network Costs

HyperGo may charge fees for certain features in the future. If we do, we will disclose applicable fees before you incur them. Third-party protocols, wallet providers, and on-ramp partners may charge their own fees, and blockchain networks may require network fees (“gas”). You are solely responsible for all such fees.

10. Prohibited Conduct

You agree not to:

• use the Services for any illegal purpose or in violation of law;
• violate sanctions, export controls, or rules applicable to digital assets or derivatives;
• attempt to bypass or circumvent jurisdiction restrictions or compliance controls;
• interfere with or disrupt the Services, including by probing or testing vulnerabilities, introducing malware, or attempting to bypass security measures;
• reverse engineer, decompile, or attempt to derive source code from the Services except to the extent permitted by law; or
• use the Services to infringe, misappropriate, or otherwise violate any third-party rights.

11. Intellectual Property; License

The Services, including all software, content, trademarks, and intellectual property rights, are owned by HyperGo or its licensors.

Subject to your compliance with these Terms, HyperGo grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use (unless we explicitly agree otherwise).

12. Feedback

If you submit feedback, suggestions, or ideas, you grant HyperGo a worldwide, perpetual, irrevocable, royalty-free license to use and exploit them for any purpose without compensation to you.

13. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

HyperGo does not warrant that the Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

14. Limitation of Liability

To the maximum extent permitted by law, HyperGo and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Services or any Third-Party Services.

To the maximum extent permitted by law, HyperGo’s total liability for all claims arising out of or relating to the Services will not exceed the greater of (a) the total amount of fees paid by you to HyperGo for the Services in the 12 months preceding the event giving rise to the claim, or (b) USD $100.

Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, our liability will be limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify and hold harmless HyperGo and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of any third party.

16. Termination

We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms, if we must do so to comply with law, or to protect the security and integrity of the Services. You may stop using the Services at any time.

You may request account deletion in the App via Account panel > Account Management > Delete Account. Deletion permanently removes your account identifiers and related data (including wallet address, device push tokens, alert settings, referral relationships, and discount information) and cannot be undone. If you use an embedded wallet provided by Privy, deleting your account will permanently remove access to that wallet and any assets held in it. Public blockchain transactions remain on-chain and cannot be deleted by us.

17. Governing Law and Venue

These Terms are governed by the laws of Hong Kong, without regard to its conflict of laws principles. You agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts there, and you consent to the jurisdiction of those courts.

18. App Store Terms (iOS)

If you access the Services through an Apple device, you acknowledge that these Terms are between you and HyperGo, not Apple Inc. Apple is not responsible for the Services or their content. To the extent permitted by applicable law, Apple has no warranty obligation with respect to the Services. Apple is a third-party beneficiary of these Terms and may enforce these Terms against you.

19. Changes to These Terms

We may modify these Terms from time to time. If we make changes, we will update the “Last updated” date and, where required, provide additional notice. Your continued use of the Services after changes become effective means you accept the updated Terms.

20. Contact

Questions about these Terms can be sent to [email protected].