Terms of Use

1. Parties and Agreement

These Terms of Use ("Terms") form a legally binding agreement between you ("you", "User") and [OPERATOR ENTITY — e.g., HYPEGuide Ltd, a company incorporated in [BVI / Singapore] under registration number [XXX]] ("Company", "we", "us", "our"), the operator of the HYPEGuide mobile application (the "App") and the website at hypeguide.app (the "Website", and together with the App, the "Services").

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or policies we publish. These Terms apply whether you are a registered user or a visitor.

HYPEGuide is an independent third-party application. We have no affiliation with, endorsement from, or relationship with Hyperliquid Labs, Hyper Foundation, or any entity responsible for developing or operating the Hyperliquid decentralised exchange protocol. References to "Hyperliquid" in these Terms describe a third-party protocol that the App interfaces with.

2. Definitions

Term	Meaning
"App"	The HYPEGuide iOS mobile application, including all features, updates, and versions.
"Hyperliquid Protocol"	The decentralised perpetual futures exchange and spot trading protocol operated by Hyperliquid Labs / Hyper Foundation, accessed via its public APIs and smart contracts.
"Builder Code"	An on-chain attribution mechanism in the Hyperliquid Protocol that enables third-party applications (such as HYPEGuide) to earn a fee on orders routed through them.
"Builder Fee"	The fee charged by the Company via the Builder Code when you submit live trading orders through the App. Currently set at 0.05% of notional order value per trade.
"Wallet"	A self-custodial cryptocurrency wallet whose private keys are generated and stored exclusively on your device via the iOS Keychain.
"Live Trading"	The feature within the App that allows you to submit actual cryptocurrency perpetuals or spot orders to the Hyperliquid Protocol using your connected Wallet.
"Paper Trading"	A simulated trading feature that does not involve real funds, real orders, or real execution on any blockchain protocol.
"Market Data"	Prices, order book depth, funding rates, open interest, liquidation data, and other market statistics sourced from the Hyperliquid Protocol's public APIs or third-party providers.
"Restricted Person"	A person or entity ineligible to use the Services, as defined in Section 4.
"Content"	All text, data, graphics, logos, software, and other material made available through the Services.
"Digital Assets"	Cryptocurrencies, tokens, and other digital instruments traded on or tracked by the Services.

3. Eligibility and Account

To use the Services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction, if higher)
• Have full legal capacity to enter into a binding contract under the laws of your jurisdiction
• Not be a Restricted Person (see Section 4)
• Agree to these Terms in full

The App does not currently require creation of an account with us. Your "account" is effectively your Wallet. You are solely responsible for maintaining the security of your Wallet, private key, and seed phrase.

By using the App, you represent and warrant that you meet all eligibility requirements. If you do not, you must not use the Services. We reserve the right to terminate your access if we have reason to believe you do not meet eligibility requirements.

4. Geographic Restrictions

4.1 Restricted Persons

"Restricted Persons" means any person or entity who:

• Resides in, is a citizen of, is located in, or is incorporated in the United States of America (including its territories and possessions)
• Resides in or is subject to the laws of Ontario, Canada
• Is subject to economic sanctions administered by the US Office of Foreign Assets Control ("OFAC"), the United Nations Security Council, the European Union, His Majesty's Treasury of the United Kingdom, or equivalent authorities
• Is resident, located, or incorporated in any country or territory that is subject to comprehensive economic sanctions or trade embargoes, currently including but not limited to: Cuba, Iran, North Korea, Syria, Russia (to the extent sanctions apply), the Crimea, Donetsk, and Luhansk regions of Ukraine, or any other Specially Designated National or blocked person territory
• Is named on any sanctions list, including the OFAC SDN List, the EU Consolidated Sanctions List, or the UK Consolidated List of Asset Freeze Targets
• Is otherwise prohibited from accessing the Services by applicable law in their jurisdiction

4.2 User Representations

By using the Services, you represent and warrant that you are not a Restricted Person. You further represent and warrant that you will not:

• Use a virtual private network (VPN), proxy server, Tor network, or any other technology to disguise or misrepresent your location or circumvent geographic restrictions
• Access the Services on behalf of a Restricted Person
• Make false statements about your residency, citizenship, or compliance with applicable laws

4.3 No Solicitation of US Persons

Nothing in the App or Website constitutes an offer or solicitation to any person in any jurisdiction where such offer or solicitation is unlawful, including without limitation to US persons as defined under the US Securities Act 1933 and Commodity Exchange Act. The App is not registered with, and its operation has not been approved by, the US Securities and Exchange Commission, the Commodity Futures Trading Commission, or any US financial regulator.

4.4 Enforcement

We implement technical measures to detect and restrict access from Restricted Territories. You acknowledge that such measures may not be perfect and that your obligation not to use the Services if you are a Restricted Person is an absolute obligation not dependent on whether we successfully block your access.

5. The App and Services

HYPEGuide provides the following features (which may evolve over time):

• Market Data Dashboard: Real-time and historical market data for perpetual and spot markets on the Hyperliquid Protocol, including prices, funding rates, open interest, liquidation levels, and order book data.
• News and Sentiment: Aggregated crypto market news and sentiment indicators drawn from public sources. Sentiment scores are generated algorithmically and are not investment recommendations.
• Portfolio Tracking: Display of your wallet balances, positions, and trading history by reading publicly available on-chain data associated with your wallet address.
• Paper Trading: A simulated trading environment with no real funds or real executions. See Section 11.
• Live Trading: The ability to submit actual trading orders to the Hyperliquid Protocol via your self-custodial Wallet. See Sections 6 and 9 for fees and risk warnings.

We may add, modify, or remove features at any time without notice. We do not guarantee availability of any particular feature. Disruptions to the Hyperliquid Protocol itself (which is outside our control) may affect Live Trading functionality.

6. Builder Code and Fee Disclosure

6.1 What the Builder Code Is

The Hyperliquid Protocol includes a native on-chain mechanism called a "Builder Code" that allows third-party front-end applications and interfaces to earn fees on orders they route. HYPEGuide uses a Builder Code registered with the Hyperliquid Protocol under which the Company earns the Builder Fee on each order you submit through the App's Live Trading feature.

6.2 Fee Rate

The Builder Fee is currently set at 0.05% (5 basis points) of the notional value of each order. This rate applies to both perpetual and spot trades submitted through the App. The fee is collected at the time of order execution by the Hyperliquid Protocol and transferred on-chain to the Company's designated wallet address.

For example: if you submit a $10,000 notional long position, the Builder Fee is $5.00, in addition to Hyperliquid's own protocol fees.

6.3 Approval Mechanism

When you first use the Live Trading feature, you will be prompted within the App to approve the Builder Code and the maximum Builder Fee rate. You must affirmatively approve this before any live order is submitted. You may revoke approval at any time through your Wallet settings.

6.4 Fee Changes

We may adjust the Builder Fee from time to time. We will provide at least 14 days' notice of any increase via in-app notification before the increased rate takes effect. Your continued use of Live Trading after the notice period constitutes acceptance of the new fee rate. You can withdraw approval of the Builder Code at any time.

6.5 No Responsibility for Protocol Fees

The Builder Fee is separate from and in addition to the Hyperliquid Protocol's own trading fees, gas fees, funding rate payments, and liquidation fees. We have no control over Hyperliquid Protocol fees and are not responsible for them.

7. Not Financial, Investment, or Trading Advice

Specifically:

• We do not recommend that you buy, sell, hold, or trade any digital asset, perpetual contract, or financial instrument.
• Sentiment scores, market data summaries, and news aggregation are provided as information only and do not constitute recommendations.
• Paper trading performance does not predict, imply, or guarantee any results in live trading.
• No content on the Services should be relied upon in substitution for independent research or professional financial, legal, or tax advice.
• We are not a broker, dealer, investment adviser, financial planner, financial institution, or fiduciary.
• We do not hold any financial services licence, securities dealer registration, or equivalent authorisation in any jurisdiction.
• Any trading decisions you make are entirely your own. We are not responsible for any loss or gain arising from those decisions.

Before making any trading or investment decision, you should conduct your own research and, where appropriate, consult a qualified financial adviser.

8. Market Data Disclaimer

Market data displayed in the App is sourced primarily from the Hyperliquid Protocol's public APIs and, where applicable, third-party data providers. You acknowledge and agree that:

• Data may be delayed. API feeds, network latency, and data processing may result in prices or figures that do not reflect the current state of the market.
• Data may be inaccurate. Technical errors, API outages, incorrect upstream data, or system failures may result in incorrect data being displayed.
• Data may be incomplete. Not all market events, liquidations, or order book changes may be captured or displayed.
• Prices are indicative only. Displayed prices may differ from actual execution prices due to market impact, slippage, and protocol mechanics.
• Historical data does not predict future performance. Past market data is not indicative of future market behaviour.
• Funding rates and open interest figures are snapshots and may change between display and order execution.

We expressly disclaim any liability for losses arising from reliance on inaccurate, delayed, or incomplete market data.

9. Trading Risks and Risk Warnings

9.1 General Risk Warning

Digital asset trading involves significant risk, including but not limited to:

• High volatility: Digital asset prices can move dramatically within very short periods, including to zero.
• Leverage risk: Perpetual contracts on the Hyperliquid Protocol may involve leverage. Leverage amplifies both gains and losses. A small adverse price movement can result in the loss of your entire margin.
• Liquidation risk: If your position moves against you and your margin falls below the maintenance margin level, your position will be automatically liquidated by the Hyperliquid Protocol. Liquidation may occur at a worse price than the liquidation trigger level. You may receive little or no return of your margin.
• Funding rate risk: Perpetual contract positions accrue funding rate charges (which may be positive or negative) over time. Extended holding of positions may result in significant funding costs.
• Protocol deleveraging (ADL): The Hyperliquid Protocol may execute auto-deleveraging (ADL) of profitable positions in extreme market conditions. This may result in your positions being closed at prices you did not choose.
• Market manipulation and front-running: Decentralised exchange markets may be subject to wash trading, front-running, and other forms of manipulation outside our control.
• Smart contract risk: The Hyperliquid Protocol operates via smart contracts. Smart contracts may contain bugs, vulnerabilities, or be subject to exploits. We have no control over the Hyperliquid Protocol's smart contracts.
• Network and technical failure: Blockchain network congestion, API downtime, internet connectivity failure, or App malfunction may prevent you from placing, modifying, or closing orders at critical times. We are not responsible for losses arising from technical failures, including in the App itself.
• Regulatory risk: The legal status of digital assets and DEX trading varies by jurisdiction and is evolving. Regulatory changes may affect the availability or legality of certain activities.
• Irreversibility: On-chain transactions are irreversible. Mistaken transactions cannot be undone by us or by the Hyperliquid Protocol.

9.2 No Risk Management by HYPEGuide

We do not provide risk management, stop-loss execution, or position monitoring services. The App does not automatically close your positions. You are solely responsible for monitoring your positions and managing your risk at all times.

9.3 Past Performance

Any historical performance data, backtest results, paper trading results, or example trades shown in the App do not constitute a guarantee, promise, or indication of future results. Past performance is not indicative of future results.

10. Wallet Custody and Private Key Disclaimer

10.1 No Custody

The Company does not take possession, custody, or control of your digital assets, private keys, seed phrases, or recovery phrases at any time. When you submit a trade through the App:

• Your private key is used to sign the transaction locally on your device.
• Only the signed transaction is broadcast to the Hyperliquid Protocol.
• Your private key is never transmitted to our servers.

10.2 Your Sole Responsibility

You are solely and entirely responsible for:

• Securely storing and backing up your private key and seed phrase
• Ensuring you do not lose access to your seed phrase
• Preventing unauthorised access to your device, Wallet, or seed phrase
• Verifying the accuracy of every transaction before signing and submitting it
• Any and all transactions signed and submitted using your Wallet, including transactions you did not intend or authorise due to malware, scams, or other security breaches

10.3 No Recovery

If you lose your private key or seed phrase, your funds are permanently and irrecoverably lost. We cannot reset, recover, or restore access to your Wallet. There is no "forgot password" mechanism for a self-custodial wallet.

If you delete the App without first backing up your seed phrase, your funds will be permanently lost. We are not responsible for this outcome.

10.4 No Liability for Wallet Loss

We expressly disclaim all liability for loss of digital assets arising from:

• Loss of private keys or seed phrases
• Device loss, theft, or damage
• Unauthorised access to your device or Wallet
• User error in transaction signing or address entry
• Phishing attacks or social engineering targeting your seed phrase
• App deletion without seed phrase backup

11. Paper Trading

The App includes a Paper Trading feature that simulates trading activity using real market data but does not execute any actual orders on any blockchain or exchange.

• Paper Trading results do not involve real money, real assets, or real execution.
• Paper Trading simulations use indicative prices which may differ from actual execution prices. Simulated fill prices, slippage, and latency will not match live trading conditions.
• Profits or returns achieved in Paper Trading do not predict or guarantee equivalent results in Live Trading. Paper Trading should not be used as the sole basis for evaluating the suitability of a live trading strategy.
• Paper Trading data is stored locally on your device and may be lost if you delete the App or clear App data.
• No Builder Fee is charged on Paper Trading orders.

12. Limitation of Liability

12.1 Aggregate Liability Cap

To the fullest extent permitted by applicable law, the Company's total aggregate liability to you for all claims arising from or relating to the Services — regardless of the form of action — shall not exceed the greater of:

• (a) the total Builder Fees paid by you to the Company in the three (3) calendar months immediately preceding the event giving rise to the claim; or
• (b) USD $100 (one hundred US dollars).

12.2 Essential Basis

You acknowledge that the limitations of liability in this Section 12 are an essential element of the bargain between you and the Company, without which the Company would not provide the Services. The Services are provided free of subscription charge (other than Builder Fees on live trades), and the liability cap reflects that allocation of risk.

12.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. To the extent such laws apply to you, some of the above limitations may not apply. In those jurisdictions, liability is limited to the minimum extent permitted by law.

13. Disclaimer of Warranties

Your use of the Services is entirely at your own risk.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, licensors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Services
• Your breach of these Terms
• Your violation of any applicable law or regulation
• Your trading activity, including Live Trading and any resulting losses
• Any content or information you submit to us
• Your access to the Services from a Restricted Territory or in violation of Section 4
• Your negligence or wilful misconduct

15. Intellectual Property

15.1 Ownership

All intellectual property rights in the App, Website, and Services — including but not limited to software code, design, user interface, graphics, logos, trade marks, and any original content created by the Company — are owned by or licensed to the Company. Nothing in these Terms grants you any right, title, or interest in any intellectual property of the Company.

15.2 Limited Licence to Use

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on an Apple device you own or control, for your personal, non-commercial use.

15.3 Restrictions

You may not:

• Copy, reverse engineer, decompile, disassemble, or create derivative works of the App
• Remove or alter any copyright, trade mark, or proprietary notices
• Use any automated tools, bots, or scrapers to extract market data from the App at scale without prior written permission
• Sub-license, sell, resell, or otherwise transfer the App or your access rights to any third party
• Use the Company's name, logo, or trade marks without prior written consent

15.4 Third-Party Content

Market data, news articles, and other third-party content displayed in the App are the property of their respective owners. Nothing in these Terms grants you any rights to such third-party content beyond viewing it within the App.

15.5 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant the Company a perpetual, irrevocable, royalty-free licence to use, incorporate, and commercialise that feedback without restriction or compensation to you.

16. Third-Party Services

The Services interact with or link to third-party services, including:

• The Hyperliquid Protocol — a decentralised exchange protocol outside our control. We are not responsible for the Hyperliquid Protocol's availability, security, smart contract behaviour, fee changes, liquidation mechanisms, or any losses arising from using it.
• Market data and news providers — third-party sources for price data and news aggregation. We are not responsible for the accuracy of data sourced from third parties.
• Apple — the App is distributed via the Apple App Store and is subject to Apple's terms. See also Section 21.

We are not responsible for the privacy practices, availability, or content of any third-party service. Any interaction you have with a third party is at your own risk and governed solely by that third party's terms and policies.

17. Prohibited Uses

You agree not to use the Services to:

• Engage in market manipulation, wash trading, front-running, or any activity that artificially affects market prices
• Circumvent geographic restrictions using VPNs, proxies, or similar tools (see Section 4)
• Violate any applicable law or regulation, including securities laws, commodities laws, or sanctions laws
• Engage in money laundering, terrorist financing, or any other illegal financial activity
• Transmit malware, viruses, or other harmful code through the Services
• Attempt to gain unauthorised access to our systems, servers, or other users' accounts
• Use automated scraping tools to extract market data at scale without authorisation
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Services
• Use the App to process or facilitate transactions on behalf of third parties

18. Dispute Resolution and Binding Arbitration

18.1 Informal Resolution First

Before initiating any formal dispute resolution process, you agree to contact us at [CONTACT EMAIL] with a written description of the dispute, the relief you seek, and your contact details. We will attempt to resolve the dispute informally within 30 days. This informal resolution step is a prerequisite to arbitration.

18.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including disputes about the validity, enforceability, or scope of this arbitration agreement — shall be finally resolved by binding arbitration administered by the London Court of International Arbitration (LCIA) under the LCIA Arbitration Rules in force at the time of the dispute.

• Seat of arbitration: London, United Kingdom (or such other seat as agreed in writing by both parties)
• Language: English
• Number of arbitrators: One (1) sole arbitrator, appointed under the LCIA Rules
• Governing law of arbitration agreement: [BVI / Singapore law — to be confirmed by Chris]

The arbitrator's award shall be final and binding and may be enforced in any court of competent jurisdiction. The arbitration shall be conducted on a confidential basis.

18.3 Class Action Waiver

You and the Company agree that all disputes will be resolved on an individual basis only. You waive your right to participate in any class action, collective action, or representative action against the Company. The arbitrator has no authority to consolidate claims or preside over any class or representative proceeding.

18.4 Exceptions

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, pending the outcome of arbitration. Claims for infringement of intellectual property rights may be brought in court without first resorting to arbitration.

18.5 Time Limitation

Any claim arising from or relating to these Terms or the Services must be brought within one (1) year of the date on which you knew or should have known of the claim. Claims not brought within this period are permanently barred.

19. Governing Law and Jurisdiction

These Terms and any dispute arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of [BVI / Singapore — Chris to confirm], without reference to conflict of law principles.

Subject to Section 18 (Arbitration), the courts of [BVI / Singapore] shall have exclusive jurisdiction over any matter not submitted to arbitration.

If you are a consumer resident in a jurisdiction that provides mandatory consumer protection rights that cannot be excluded by contract, nothing in these Terms limits those rights.

20. Termination

20.1 Termination by You

You may stop using the Services and delete the App at any time. See Section 10.3 regarding the consequences of deleting the App without backing up your seed phrase.

20.2 Termination by Us

We may suspend or terminate your access to the Services, with or without notice, if:

• We reasonably believe you have violated these Terms
• We are required to do so by applicable law, court order, or regulator
• You are accessing the Services from a Restricted Territory
• Continued provision of the Services is no longer commercially viable
• The Hyperliquid Protocol is discontinued or becomes inaccessible

20.3 Effect of Termination

Upon termination: (a) your licence to use the App is revoked; (b) sections of these Terms that by their nature should survive (including without limitation Sections 7, 9, 10, 12, 13, 14, 15, 18, and 19) shall continue to apply; (c) termination does not affect any obligation you have to the Hyperliquid Protocol or any open positions — you remain responsible for managing these independently.

21. Apple App Store Provisions

The App is distributed via the Apple App Store. The following additional terms apply:

• These Terms are between you and the Company only. Apple is not a party to these Terms.
• Apple has no obligation to provide any maintenance or support for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of it, including: (a) product liability claims; (b) claims that the App fails to conform to applicable legal or regulatory requirements; or (c) claims arising under consumer protection or similar legislation.
• If a third party claims that the App infringes their intellectual property rights, the Company — not Apple — will be responsible for the investigation, defence, settlement, and discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• You must comply with all applicable third-party terms of agreement when using the App (e.g., you must not be in violation of your wireless data service agreement when using the App).

22. General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms specifically referenced herein, constitute the entire agreement between you and the Company relating to the Services and supersede all prior agreements, representations, and understandings.

22.2 Amendments

We may amend these Terms at any time by posting an updated version at hypeguide.app/terms and updating the "Last Updated" date. For material changes, we will provide at least 14 days' notice via in-app notification or email (if we hold your email address). Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance.

22.3 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed from the rest of the Terms, which shall continue in full force and effect.

22.4 No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

22.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor entity without your consent.

22.6 Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms to the extent caused by events beyond our reasonable control, including but not limited to: acts of God, war, terrorism, civil unrest, government action, power outages, internet disruptions, blockchain network failures, or acts of third parties.

22.7 Language

These Terms are written in English. If translated into another language, the English version shall prevail in the event of conflict.

22.8 No Fiduciary Relationship

Nothing in these Terms creates or implies any fiduciary relationship, partnership, agency, or employment relationship between you and the Company.

23. Contact

For questions, support, or legal enquiries relating to these Terms:

• Email: [CONTACT EMAIL]
• Website: hypeguide.app
• App: Settings > Support > Contact Us
• Registered address: [REGISTERED ADDRESS — BVI / Singapore]