Terms of service

These Terms and Conditions and any amendments and restatements hereof (the "Agreement") form a legal agreement covering the provision of services from Hyper to you ("User" or "Player"). The Agreement is a contract between you, or the legal entity you represent, and Metaverse Magna Limited ("Metaverse Magna", "we", "us", "our"), a private limited liability company incorporated in Nigeria, and shall apply to anyone who uses the Company's affiliated product, Hyper.

By using and/or visiting the Hyper mobile application (the "App"), or any other associated websites (collectively, the "Site"), or or our application programming interfaces, (collectively, the "Services"), you hereby acknowledge that you have carefully and thoroughly read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy. In addition, you also agree to be bound by any additional terms and conditions relating to promotions, bonuses and special offers which may be found on the Site or communicated to you from time to time.

If you do not agree with any of the provisions of these Terms, do not click "I agree", do not continue to use the App or Site, download, install or otherwise use the software, and remove the software from your device.

We reserve the right to update, revise, modify, or otherwise, reissue these terms. We may post a notice on the Site/App or when you use the Services, and you can see when these Terms were last revised by referring to the "Last Updated'' legend above. It is your responsibility to inform yourself regarding the terms, as well as being familiarized with the modifications that affect or will affect you. Your continued use of the Services after any amendment to this Agreement constitutes your acceptance of the Agreement as modified by such amendment.

Hyper is a mobile gaming application that hosts games via its social and community gaming features, as well as encourages value-generating opportunities via its own in-app currency, called HPR. Hyper allows users to play competitively against other users and earn HPR, a non-crypto asset. Players stake HPR to enter competitive matches against each other for a chance of a greater reward if they win (the winner takes between 75% to 90% of all HPR staked).

On the Site, we offer and host mobile games owned and licensed to us by Third Parties. We may also provide original games which we own. We do not host, display or transmit any content owned by third parties on its servers, unless we either have a license or are not prohibited under the Applicable Laws, to do the same.

The Games will have their own rules and code of conduct ("Game Rules"), Terms and Conditions and Privacy policies which must be adhered to by all Users at all times. When you play a Game, you agree and acknowledge that the Site does not create and/or broadcast any content on its own accord and we are not responsible or liable for the content or accuracy of the Game, including copyrights, that may be accessed by you through the application.

All games played on or through the App are duly subject to the Game Rules and these Terms. For the avoidance of any doubt the following terms shall have the ascribed meanings, except expressly defined otherwise:

• "Game(s)" shall mean any games made available by us on the App for the benefit of the User;
• "Software" shall mean the software licensed by us, including all programs, databases and any other derived content requiring download, whether accessible or otherwise used by you through the App;
• "Third-Party Services Providers" include the companies that own the licenses to the games provided on the App and our on-and-off ramp partners for the exchange or settlement of fiat and cryptocurrencies.
• "Website" shall mean this website and any and all other websites connected to it or to the Software and accessible through the links or other access paths and the services available through such sites.

By accepting these Terms you represent and agree that you:

• are a natural person who is at least 18 years old or the age of majority in your jurisdiction, and who is personally assigned to the registration details provided when setting up your account;
• are domiciled in a jurisdiction in which your use of the App is permitted and unrestricted by that state or country’s laws;
• at all times, will abide by these Terms. We do not provide our services to minors. In the event that you are under the age of 18, you must have your parent or guardian’s consent to this Agreement on your behalf.

If we discover that any one of these requirements is not met at any time, we reserve the right to suspend or close your Account with or without notice.

The App may only be used for personal enjoyment, its earning opportunities, social elements, and community engagement. Any other use of the application is strictly prohibited. In the event of any misuse and/or abuse of the application and/or the Software, we reserve the right to close or block your Account.

The use of the App for transmission, distribution, publication or storage of any material on or via the app which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited, including but not limited to the use of the application or the transmission, distribution, publication or storage of any material on or via the application in a matter or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libelous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law.

If, in our sole determination, we find that you have cheated or attempted to defraud us or any other users of any of the Games in any way including, but not limited to game manipulation or payment fraud, or if we suspect you of fraudulent payment or any other fraudulent activity or prohibited transaction (including money laundering), we reserves the right to suspend and/or close the Account and to share this information (together with your identity) to other online gaming internet sites, banks and appropriate third parties.

Without prejudice to the foregoing and by no means an exhaustive list, some of the prohibited uses of the Site include:

• leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, or services provided on the Site
• using the site for any illegal purpose
• gaining unauthorized access to our data or the data of other Users
• altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking the our intellectual property
• altering or modifying another website to falsely imply that it is associated with the company's website,
• violating anyone else's legal rights (for example, privacy rights) or any laws (for example, copyright laws) in the user's jurisdiction
• using the website or the company's services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct
• breaching, or attempting to breach, the website's security systems
• enabling third parties to violate the Terms and Conditions, and
• (if legally required) failing to ensure that all end users of the site are at least 18 years of age or older.

We are fully committed to be vigilant and prevent money laundering and the financing of terrorism. We are also committed to our social duty to prevent serious crime and not to allow our systems to be abused in furtherance of these crimes.

The App may only be used for lawful purposes and may not be used for any illicit or fraudulent activity, or for any unlawful or fraudulent transaction, in accordance with the laws of all the relevant jurisdictions.

You may not use the services offered by us in any way directly or indirectly associated with money laundering or the funding of terrorism. By opening an Account with us, you agree to abide by relevant rules and regulations relating to Anti-Money Laundering. Where we know or suspect that a transaction may be related to money laundering or the funding of terrorism, we have the right to disclose details of such transaction to relevant bodies.

You certify that the funds you deposit on the App are not from any illegal source or are the proceeds of crime.

We will:

• take reasonable steps to establish the identity of any person for whom it is proposed to provide its service, as outlined in these Terms;
• keep at all times a secure online list of all registered Players;
• retain identification and transactional documentation as defined in the laws regulations and guidance notes;
• examine with special attention, and to the extent possible, the background and purpose of any complex or large transactions and any transactions which are particularly likely, by their nature, to be related to money laundering or the funding of terrorism;
• report any suspicion or knowledge of money laundering of terrorism financing to the relevant bodies;
• cooperate with all relevant administrative, enforcement and judicial authorities in their endeavor to prevent and detect criminal activity;
• not accept to open anonymous Accounts or Accounts in fictitious names such that the true beneficial owner is not known, and not accept a wager unless an Account has been established in the name of the Player and there are adequate funds in the Account to cover the amount of the wager;
• if we become aware that a person has provided false information when providing due diligence documents, not register such a person.

You are entitled to close your Account and terminate these Terms at any time by contacting our support using the contact information provided on the Website or via email at help@hyper.mvm.gg and we will respond within a reasonable time. You will be responsible for activity on the Account until the closure has been finalized by us.

In the event of cancellation of your account, you shall be permitted to withdraw any balances exceeding withdrawal fees.

In addition to any other representations and warranties contained within these Terms, you further represent and warrant that you:

• have read and agree to these Terms;
• shall promptly provide to us, upon request, any additional information which we may consider necessary in providing services to you or using the application;
• shall not use the application and services for any illegal purpose or in any other manner inconsistent with these Terms;
• will use the Services in accordance with these Terms and with any applicable law and regulation;
• are solely responsible for any conduct carried through your account while using the Services and the application;
• shall not violate or attempt to violate the security of the application or its Services and you will not hack into, interfere with, disrupt, disable, overburden, modify, publish, reverse engineer, participate in the transfer or sale, create derivative works, or otherwise impair the application or services;
• shall not use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services and website or that could damage, disable, overburden or impair the functioning of the Services or application in any manner;
• shall not use our services and application to pay for, support or otherwise engage in any illegal activities; including but not limited to: fraud, money-laundering, terrorist activities or other illegal activities;
• shall not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our services and application or to extract data;
• shall not use or attempt to use another user's account without authorization;
• shall not attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services and application that you are not authorized to access;
• shall not operate as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure;
• shall not provide false, inaccurate, or misleading information; and
• shall not encourage or induce any third party to engage in any of the activities prohibited under this section.

Prior to your use of the application and/or the Games and/or the services, and on an ongoing basis, you represent and warrant that you understand and agree that:

• there is a risk of losing cryptocurrency when using the App and/or Services and/or playing Games and that we have no responsibility to you for any such loss;
• your use of the App and/or Services is at your sole option, discretion and risk;
• you are solely responsible for any charges which may be payable as a result of your use of the App.

You are solely responsible and liable to declare, bear and pay all taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the use of Services.

We are not responsible for determining any tax implications connected with our Services. We make no representation as to the tax implication of any jurisdiction. You shall be solely liable for all such penalties, claims, fines, punishments, liabilities or otherwise arising from his/her underpayment, undue payment or belated payment of any applicable tax for rewards earned on games played on the App.

Complaints regarding any of our Services may be addressed by sending an email to help@hyper.mvm.gg. We will do our utmost to resolve a reported complaint at its earliest. While we will strive to do its best to provide Users with any information required in an accurate manner, any information given shall be subject to these Terms and/or any other terms, conditions or rules directly contained in email format. In case of any contradictions between the information given by our support and the Terms, the provisions contained in these Terms shall prevail.

Any complaints on payment must be made, [insert days] days after the date of finalization of the transaction. You hereby acknowledge and accept that any complaint or contest made by the Client more than [insert days] after the date of finalization of the transaction which is the subject of the complaint in question will not be taken into consideration and shall have no value.

You are responsible for notifying us of any errors made to your wallet. If funds are added to your account in error, it is your responsibility to notify us of the error without delay. Any winnings subsequent to the error and prior to our notification, provided they are linked to such error, shall be deemed invalid and returned to us.

By playing on the App you are being granted a personal, non-exclusive, non-transferable license to use the Software, according to these Terms and including the clauses in this section. You shall not commit any act or adopt any kind of behavior that could damage our reputation, and you acknowledge that the use of the Services and/or the Software is at your sole discretion and risk.

To the fullest extent permissible under applicable law, our services and website are provided on an “as is,” and “as available” basis, without warranties of any kind. No warranty of any kind, express, implied or statutory, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice, is given in conjunction to website, services, or any software or tools contained in website and services and in general.

We do not warrant that the service or website will be error-free or uninterrupted or that any defects will be corrected in reasonable time. You acknowledge that your use of our Services is at your sole risk.

We do not guarantee the confidentiality or privacy of any communication or information transmitted through services, on the website or any site linked to the website. We will not be liable for the privacy or security of information, e-mail addresses, registration and any identification information (if applicable), disk space, communications, confidential or proprietary information, or any other content transmitted to us in any manner, or otherwise connected with your use of our Services or the application.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software.

To the maximum extent permitted by applicable law, under no circumstances shall Metaverse Magna or any of its directors or employees be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Application, Games or Services, from any content posted on or through the application or services, or from the conduct of any User, whether online or offline, even if Metaverse Magna had prior knowledge of the possibility of such damages.

In addition to the above, Metaverse Magna shall not be liable for any loss of profit, loss of business, playing losses, loss in value, or any other loss, including losses incurred as a result of using available functionalities for specific game(s). This applies even if such damages are foreseeable.

To avoid any doubt, unless in case of gross negligence or criminal intention by the Metaverse Magna’ personnel, we are not liable for any financial loss caused by activities of the third parties that seek to compromise our service with malicious purpose (i.e. hacking). Metaverse Magna commits its best efforts to prevent such actions against the platform and in case such an event happens, Metaverse Magna commits to use all possible measures to limit the damage caused to users.

Metaverse Magna explicitly prohibits persons or entities in restricted use areas (see article 2) to use its website and services and we shall not be held liable for any legal or monetary consequence arising of such use. By accessing or using services and/or websites you represent and warrant that your activities are lawful in every jurisdiction where you access or use services. Please note that restricted use areas, listed in article 2, may change in the future.

We may, in our discretion and without liability to you, with or without prior notice, suspend or terminate your access to all or to some services, in the event of force majeure, in case of breach of this Terms or in any other case, if Metaverse Magna would decide so based on any kind of business reasons.

Some of the events which can cause suspension or termination are:

• attempts to gain unauthorized access to the app or another user's Account or providing assistance to others' attempting to do so;
• overcoming software security features limiting use of or protecting any content;
• usage of the service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
• violations of these Terms;
• unexpected operational difficulties and;
• upon the request of law enforcement or other government agencies.

In case of termination of your access to our services, we may delete or deactivate your Account, without liability to you. In the event of termination Metaverse Magna will return funds stored on the Account, unless Metaverse Magna believes the user committed fraud. Metaverse Magna may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our services.

You agree to defend and indemnify Us and our officers, directors, employees, agents and assigns, and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

Some of the events which can cause suspension or termination are:

• Your access to or use of the app or services; and/or
• Your violation of any of the terms of these Terms; and/or
• Your breach of any applicable laws or regulations.

Our services and/or website may include links to third party websites or other service providers ("Third Party Sites"). If you use any links made available through our services or website to reach other websites not maintained by Metaverse Magna, you will leave our services and website. The linked sites are not under the control of Metaverse Magna and Metaverse Magna is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the Terms and conditions of that site.

METAVERSE MAGNA SHALL NOT BE RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OR RELIANCE ON ANY SUCH CONTENT, INFORMATION, STATEMENTS, REPRESENTATIONS, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THIRD PARTY SITES. METAVERSE MAGNA PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE AND THE INCLUSION OF ANY LINK DOES NOT IMPLY RECOMMENDATION, APPROVAL OR ENDORSEMENT BY METAVERSE MAGNA OF THIRD PARTY SITES, NOR DOES IT IMPLY THAT THE LINKED THIRD PARTY SITES RECOMMENDS, APPROVES OF, OR ENDORSES METAVERSE MAGNA.

You are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own funds, and all activity including transactions that are posted to your Account.

Any actions on the App, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) are irrevocable once validated using your password or made through your Account.

The Website is intended solely for personal and non-commercial use by Users. You are not authorized to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise alter the content of our App.

Any unauthorized downloading or copying of any material contained in the App as well as the design of the App itself may be considered as a violation of our intellectual property rights.

You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to play the games on our application. Any participation in the games is at your sole option, discretion and risk. By playing the games, you acknowledge that you do not find the games or any other services available on the Website to be offensive, objectionable, unfair, or indecent in any way.

If you have any questions about these Terms or any of the issues covered herein, please contact us via email at help@hyper.mvm.gg