(End User License Agreement)

TERMS OF SERVICE

April 12th, 2021

Welcome to use the services of Hyperkani Oy (“Hyperkani” or “We”). These Terms of Service (“Terms”) apply to the use of all services provided by Hyperkani, including games developed and/or published by Hyperkani and other services, such as applications or any social functions of the aforementioned services or any other services Hyperkani has attached these Terms to (“Services”). These Terms govern the relationship between you and Hyperkani regarding your use of the Services. By downloading, installing, accessing or using any part of the Services you agree to these Terms and agree to be bound by these Terms. Use of the Services is also governed by Hyperkani’s Privacy Policy and other relevant policies, which are incorporated herein by reference. These Terms along with Hyperkani’s Privacy Policy affect your legal rights and obligations. If you do not agree to these Terms, you may not access or use the Services.

Before accessing or using the Services, you must agree to these Terms of Service, Hyperkani’s Privacy Policy and other relevant policies. By using the Services you represent that you are age 13 or older. If you are between the ages of 13 and 17, or a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

Hyperkani reserves the right to make changes to these terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms. In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the some or all parts of the Services may not work with your network provider or device.

1. License

Subject to you agreeing to these Terms and your continued compliance with these Terms and any other relevant policies, Hyperkani grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

The Services are provided to you for your personal and non-commercial use only. You shall not sell, rent or give away your access to the Services, create Services accounts by using false identities or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed from using any part of the Services by Hyperkani, or previously been banned from playing any Hyperkani game.

You may be required or given the choice to create a user account and/or choose a username for your use in the Services. Hyperkani reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to offensive names or due to claims by a third party that a username violates such third party’s rights.

By default the Services support only one player account per game on a supported device. Additionally, the Services may not support using a single account across multiple devices.

a. License Limitations

Your use of the Services is strictly tied to your compliance with these Terms. Any useof the Services in violation with these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards Hyperkani or liability for violations of law.

You agree that you will not, under any circumstances:

• use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent Hyperkani’s affiliation with any person, entity or the Services);

• disguise, anonymize or hide your IP address or the source of any material or content that you upload into the Services;

• interfere with or disrupt the Services, servers or networks that provide the Services;

• attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Hyperkani;

• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;

• post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

• attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including but not limites to Hyperkani employees and Hyperkani customer service representatives;

• solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services;

• ‘harvest’, ‘scrape’, collect or post any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items a.k.a ‘spyware’ or ‘pcms’ (passive collection mechanisms);

• disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the games;

• institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;

• disobey any requirements or regulations of any network connected to the Services;

• circumvent technological measures designed to control access to, or elements of, the Services; or

• do anything else that Hyperkani deems not to be within the spirit of fair play or intent of the Services.

You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your player account or device.

Hyperkani reserves the right to determine what conduct it considers to be in violation of these Terms or other rules of the Services, or otherwise outside the intent or spirit of these Terms of Service or the Services. Hyperkani reserves the right to take action as a result, which may include terminating your access to the Services in whole or in part.

2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, Hyperkani MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR Hyperkani SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND Hyperkani IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, Hyperkani MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND PORTIONS THEREOF, PROHIBIT ACCESS TO THE SERVICES’ GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF Hyperkani BELIEVES THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR OTHER POLICIES. ADDITIONALLY, Hyperkani MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO Hyperkani BELIEVERS MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Hyperkani RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Hyperkani reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Hyperkani shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

You may terminate your account at any time and for any reason by contacting our customer support at support@hyperkani.com or by using the in-game “contact support” function available in some games.

3. Third-Party Services and Material

The Services may contain links to websites or services operated by third parties or feature content which is made available by third-party services and enable you to access and use certain third-party services (such as video sharing services). Use of any websites or services operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Hyperkani assumes no responsibility for such third-party services and/or content in third-party services.

These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as the application stores Apple App Store, Google Play or Microsoft Store) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.

4. Ownership

a. Intellectual Property Rights

All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, recording of games played using Hyperkani’s game clients and Hyperkani’s game clients and server software) (“Hyperkani Property”) are owned by or licensed to Hyperkani, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Hyperkani reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Except as expressly provided in the Terms, Hyperkani does not grant any express or implied rights to the Hyperkani Property.

b. Accounts

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Hyperkani.

c. Virtual Items

Hyperkani owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any part of the Services, whether earned in a game or purchased, or any other attributes associated with an account or stored on the Services.

5. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services, or that other users upload or transmit, including without limitation, any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Hyperkani in accordance with its Privacy Policy.

Hyperkani assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Hyperkani does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Service.

By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Hyperkani reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Hyperkani chooses, in its sole discretion, to monitor the Services, Hyperkani nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Hyperkani has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.

a. Public Discourse

The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics.Hyperkani cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Hyperkani shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

b. Responsible for Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others.

c. Your License to Hyperkani

You hereby grant to Hyperkani an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, commercially exploit, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to Hyperkani the right to authorize others to exercise any of the rights granted to Hyperkani under these Terms. You further hereby grant to Hyperkani the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Hyperkani does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Hyperkani has no obligation to monitor or enforce your intellectual property rights to your User Content.

d. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Hyperkani reserves the right, but has no obligation, to become involved in any way with these disputes. You shall fully cooperate with Hyperkani to investigate any suspected unlawful, fraudulent or improper activity.

If you have a dispute with one or more users, you release Hyperkani (and its officers,directors, agents, affiliates, parent companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

e. Social Media and Game Content

With the limitations set in these Terms, you have the right to upload captions (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services or any games included in the Services.

6. Fees and Purchase Terms

a. Purchases

In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to (a) use “virtual currency”, including but not limited to virtual cash or gems, all for use in the Services; (b) use “virtual in-game items” (together with “virtual currency”, “Virtual Items”) in the Services; and (c) gain access to additional functionalities in the Services via paid subscription. You are only allowed to purchase Virtual Items and subscriptions from us or our authorized partners through the Services, and not in any other way.

Hyperkani may manage, regulate, control, modify or eliminate Virtual Items and the functionalities accessed via paid subscriptions at any time, with or without notice. Hyperkani shall have no liability to you or any third party in the event that Hyperkani exercises any such rights.

The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Hyperkani, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS AND SUBSCRIPTIONS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items or paid subscriptions for use in the Services is a service provided by Hyperkani that commences immediately upon acceptance by Hyperkani of your purchase.

b. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Hyperkani may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT Hyperkani IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

7. Updates to the Service

You understand that the Services are constantly changing and evolving. Hyperkani may require that you accept updates to the Services, such as via installing updates to game clients installed on your device. You acknowledge and agree that Hyperkani may update the Services, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to access and use the Services.

8. Beta tests

Hyperkani may offer to you a chance to participate in beta tests (open or closed) of certain parts of the Services. Your participation into such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.

By applying to and/or participating in beta tests you acknowledge and accept that:

• Due to the unfinished and experimental nature of the beta tested parts of the Services Hyperkani may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.

• Any in-app purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by Hyperkani during the course of the beta tests. Hyperkani offers no refunds for any such lost content.

• Any feedback or idea submitted by you to Hyperkani regarding the beta tested parts of the Services may be utilized by Hyperkani without any compensation to you. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta tested parts of the Services you grant to Hyperkani an unlimited, sublicensable, fully paid up, nonexclusive and transferable license to utilize such material, content and/or feedback in its business.

• Your application to participate in beta tests does not entitle you to be invited to, or to participate in any beta test offered by Hyperkani.

9.Personal data and Security

Hyperkani’s use of your personal data is governed by Hyperkani Privacy Policy. You approve to the processing of your personal data in accordance with the Hyperkani Privacy Policy by downloading, installing, accessing or using the Services.

Hyperkani takes appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to Hyperkani via the Services. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Hyperkani servers is not generally available to the public. However, the use of internet services always includes security risks.

10.Disclaimer of Warranties

WITHOUT LIMITING Hyperkani’S LIABILITY UNDER SECTION 11 BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Hyperkani DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

11.Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hyperkani SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Hyperkani HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, Hyperkani SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Hyperkani IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO Hyperkani DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Hyperkani’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH Hyperkani IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Hyperkani OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Hyperkani.

You agree to indemnify, defend and hold Hyperkani (and Hyperkani’s officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

12. Dispute Resolution and Law

If a dispute arises between you and Hyperkani, we strongly encourage you to first contact our customer support at support@Hyperkani.com to seek a resolution. All disputes between you and Hyperkani shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hyperkani must be resolved exclusively by a court located in Helsinki, Finland.

The above paragraph does not limit your statutory rights. Consumer protection legislation applicable to you may allow you to bring your claim or dispute to a different court.

If you are a resident of the European Union, you may have the right to bring your claim or dispute to an Online Dispute Resolution body. More information on this can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

13. Severability

You and Hyperkani agree that if any portion of these Terms, Hyperkani’s Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

14. General Provisions

a. Assignment

Hyperkani may assign or delegate these Terms, the Hyperkani Privacy Policy and/or other applicable policies, in whole or in part, to any person or entity at any time with or without your consent.You may not assign or delegate any rights or obligations under the Terms, the Privacy Policy or other policies without Hyperkani’s prior written consent.

15. Supplemental Policies

Hyperkani may publish additional or supplementary policies or terms related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

16. Entire Agreement

These Terms, the Hyperkani Privacy Policy and any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Hyperkani, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

17. Region-specific terms

Effective January 1, 2020 applying to California residents: California Consumer Privacy Act requires that Hyperkani maintains a separate web page that allows you to opt out of the sale of your personal information. As Hyperkani does not track you between its services, please check each individual Hyperkani service you have used to find out how to adjust your privacy settings in that service. Please note that Hyperkani does not sell your personal information to third parties without your prior consent (opt-in).

a. No Waiver

The failure of Hyperkani to require or enforce strict performance by you of any provision of these Terms or the Hyperkani Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Hyperkani’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Hyperkani of any provision, condition, or requirement of these Terms or the Hyperkani Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Hyperkani shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Hyperkani.

b. Notices

We may notify you via the Services or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms or the Hyperkani Privacy Policy shall be in writing and addressed to: Hyperkani Oy. Attn: Legal Department, Visiokatu 6, 33720 Tampere, Finland. Any notices that you provide without compliance with this Section on notices shall have no legal effect.

c. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms to Hyperkani are of a unique and irreplaceable nature, the loss of which shall irreparably harm Hyperkani and which cannot be replaced by monetary damages alone so that Hyperkani shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or anycontent or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 11, if any.

d. Force Majeure

Hyperkani shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Hyperkani, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Hyperkani’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Contact information:

Hyperkani Oy

Business ID: 2291866-4

Address: Visiokatu 6, 33720 Tampere, Finland

Email: support@hyperkani.com

www.hyperkani.com

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