April 12, 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.
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 forums, chats, contests or sweepstakes, as well as all other related operating rules or policies.
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 some or all parts of the Services may not work with your network provider or device.
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 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.
Your use of the Services is strictly tied to your compliance with these Terms. Any use of the Services in violation of 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:
You acknowledge and agree that you are solely responsible for your actions in the Services and actions made using your player account or device.
Hyperkani reserves the right to determine what conduct it considers to violate these Terms or other rules of the Services and may take action, including terminating access to the Services in whole or in part.
You can lose your username and persona in the Services as a result of account termination or limitation, as well as benefits, privileges, earned items and purchased items associated with your use of the Services.
Hyperkani may limit, suspend or terminate the Services or portions thereof and take technical or legal steps to prevent access where Hyperkani believes users create risk or possible legal liabilities, infringe third-party intellectual property rights, or act inconsistently with these Terms or other policies.
Hyperkani may suspend or terminate accounts of users it believes 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, a particular game or part of the Services at any time.
You may terminate your account at any time and for any reason by contacting support@hyperkani.com or by using the in-game contact support function available in some games.
The Services may contain links to websites or services operated by third parties or feature content made available by third-party services.
Use of third-party websites, services or content may also be subject to the relevant third-party provider’s terms and conditions. Hyperkani assumes no responsibility for such third-party services or content.
These Terms are in addition to applicable terms of distribution platforms such as Apple App Store, Google Play or Microsoft Store.
All rights, title and interest in and to the Services, including games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, recordings and Hyperkani client and server software (“Hyperkani Property”) are owned by or licensed to Hyperkani.
Hyperkani reserves all intellectual property and proprietary rights in connection with its games and Services.
You acknowledge and agree that you have no ownership or other property interest in any Services account and that all rights in and to the account are owned by Hyperkani.
Hyperkani owns, has licensed, or otherwise has rights to use all content appearing in the Services.
You have no ownership right or title in virtual goods, virtual currency or other attributes associated with an account or stored on the Services, whether earned or purchased.
“User Content” means communications, images, sounds, material, data and information that you or other users upload or transmit to the Services, including chat text.
By transmitting or submitting User Content, you represent that the content is accurate, is not confidential or misleading, does not violate laws or third-party rights, and is free of viruses or other malicious code.
Personal information included within User Content will be processed in accordance with Hyperkani’s Privacy Policy .
Hyperkani assumes no responsibility for user conduct or for monitoring all User Content. Your use of the Services is at your own risk.
Hyperkani may monitor and/or record interactions or communications in the Services, including chat text, subject to applicable law.
Hyperkani reserves the right to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable User Content.
The Services may include forums, blogs and chat features. Hyperkani cannot guarantee that other users will not use ideas or information you share. Do not post information that you wish to keep confidential.
You are solely responsible for information that you post on, through or in connection with the Services and that you provide to others.
By submitting User Content, you grant Hyperkani an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license to use, reproduce, adapt, modify, distribute, display, perform and otherwise use such content in connection with the Services, including marketing and promotion.
Hyperkani does not claim ownership rights in your User Content except for the licenses granted under these Terms.
You are solely responsible for your interactions with other users. Hyperkani may, but is not obligated to, become involved in disputes between users.
Subject to these Terms, you may upload captures such as audio, video and screenshots of the Services to social media, video and picture sharing services.
Such material must not be edited in a way that misrepresents the Services or games included in the Services.
In the Services you may purchase with real-world money a limited, personal, non-transferable, non-sublicensable and revocable license to use virtual currency, virtual in-game items (“Virtual Items”) or access additional functionality through paid subscriptions.
Virtual Items and subscriptions may only be purchased from Hyperkani or authorized partners through the Services.
Hyperkani may manage, regulate, control, modify or eliminate Virtual Items and subscription functionality at any time.
The transfer of Virtual Items is explicitly prohibited. You may not sell, purchase, redeem or otherwise transfer Virtual Items to another person or entity.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.
Hyperkani may revise pricing for goods and services offered through the Services at any time.
The Services are constantly changing and evolving. Hyperkani may require you to accept updates to the Services, including installation of game client updates.
You may also need to update third-party software or device hardware to continue accessing and using the Services.
Hyperkani may offer opportunities to participate in open or closed beta tests. Participation may be subject to separate non-disclosure agreements or supplemental policies.
Hyperkani’s use of your personal data is governed by the Hyperkani Privacy Policy .
In accordance with the General Data Protection Regulation (GDPR) and applicable privacy laws, you have the right to delete your personal data.
Players may permanently delete their player profile and associated data at any time via the in-game settings menu. Account deletion is irreversible.
Hyperkani takes appropriate measures intended to prevent unauthorized access to or improper use of personal data submitted through the Services. However, use of internet services always involves security risks.
Hyperkani does not warrant that the Services will always be accessible, uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components.
Some jurisdictions do not allow exclusion of certain warranties, so some of these disclaimers may not apply to you.
To the maximum extent permitted by applicable law, Hyperkani shall not be liable for indirect, incidental, consequential, special, punitive or similar damages arising from or relating to these Terms or the Services.
To the extent not prohibited by law, Hyperkani’s liability shall not exceed the amount you paid to Hyperkani during the six months immediately preceding the date on which you first assert a claim.
Nothing in these Terms affects statutory consumer rights or excludes or restricts liability where such limitation is prohibited by applicable law.
You agree to indemnify, defend and hold Hyperkani and its officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures and employees harmless from third-party claims arising from your use of the Services or breach of these Terms, to the extent permitted by law.
If a dispute arises between you and Hyperkani, we encourage you to first contact customer support at support@hyperkani.com.
Disputes between you and Hyperkani shall be governed by the laws of Finland, without regard to conflict-of-law provisions.
Any claim or dispute against Hyperkani shall be resolved by a court located in Helsinki, Finland, subject to applicable statutory consumer rights that may permit you to bring a claim before another competent court.
If any portion of these Terms, Hyperkani’s Privacy Policy or supplemental terms is found illegal or unenforceable by a court of competent jurisdiction, that provision shall be ineffective only to the extent necessary, without affecting the validity of the remaining provisions.
Hyperkani may assign or delegate these Terms, the Privacy Policy and other applicable policies in whole or in part to another person or entity.
You may not assign or delegate your rights or obligations without Hyperkani’s prior written consent.
Hyperkani may publish additional or supplementary policies or terms relating to specific Services, such as forums, contests or loyalty programs.
These Terms, the Hyperkani Privacy Policy, supplemental policies and documents expressly incorporated by reference constitute the entire agreement between you and Hyperkani regarding the Services and supersede prior understandings relating to the same subject matter.
Effective January 1, 2020 for California residents: the California Consumer Privacy Act requires certain rights concerning personal information.
As Hyperkani does not track you between its Services, please check each individual Hyperkani Service you use to determine how to adjust privacy settings for that Service.
Hyperkani does not sell your personal information to third parties without your prior consent (opt-in).
Failure by Hyperkani to require or enforce strict performance of any provision of these Terms or the Privacy Policy does not constitute a waiver of Hyperkani’s rights.
Hyperkani may notify you through the Services or other communication methods using contact information you provide.
Notices required under these Terms should be addressed to:
Hyperkani may seek injunctive or other equitable relief where permitted by applicable law in the event of a breach or anticipated breach of these Terms.
Hyperkani shall not be liable for delays or failure to perform resulting from causes outside its reasonable control, including unforeseen circumstances, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of transportation, fuel, energy, labor or materials.
Our games maintain a zero-tolerance policy toward any and all forms of Child Sexual Abuse and Exploitation (CSAE).
This includes, but is not limited to:
Users are strictly prohibited from engaging in or promoting activity related to CSAE, CSAM or other illegal content in our games, including within chat features.
We provide mechanisms for users to report suspicious content or behavior. If you encounter content that violates this policy, please report it using the applicable report-player functionality.