Term and Conditions

THESE TERMS OF USE ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE HYPERDOG.IO WEBSITE AND ITS ASSOCIATED SERVICES (COLLECTIVELY, THE "SERVICE"). THIS AGREEMENT IS BETWEEN YOU ("USER" OR "YOU") AND PERPETUAL LABS FZ-LLC TRADING AS “HYPERDOG” (THE "COMPANY" OR “HYPERDOG”), WHICH OPERATES THE HYPERDOG.IO WEBSITE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, WHICH ESTABLISH YOUR LEGAL OBLIGATIONS AND THE COMPANY'S RIGHTS CONCERNING THE SERVICE.

1. Conditions of Use

THE HYPERDOG.IO WEBSITE IS INTENDED FOR USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. By using the Hyperdog.io website, you confirm that you are at least eighteen (18) years old and you are deemed to have read and accepted these Terms exhaustively and unconditionally. If you are under eighteen (18) years old, you undertake to obtain the prior and express consent of a parent or legal guardian before you use the Services. The parent or legal guardian of a user under eighteen (18) years old undertakes to abide by these Terms and acknowledges to be responsible for the activities of the user on the Hyperdog.io website. In case of your disagreement, in whole or in part, with these Terms, you must immediately cease any and all use of the Hyperdog.io website.

2. Amendment to the Terms

The Terms may be updated from time to time as Hyperdog may deem necessary or useful. In the event you do not agree to the Terms, including as may be amended, you shall cease any and all utilization of the Services.

3 Access to the Hyperdog.io Website

You are personally responsible for all IT and telecommunications resources required to access the Services. HYPERDOG RESERVES THE RIGHT TO, WITHOUT NOTICE OR COMPENSATION TEMPORARILY OR PERMANENTLY CLOSE THE HYPERDOG.IO WEBSITE OR ACCESS TO ONE OR MORE SERVICES. HYPERDOG MAY CARRY OUT ANY CHANGES AND IMPROVEMENTS TO THE HYPERDOG.IO WEBSITE AND SERVICES THAT IT DEEMS NECESSARY.

4 Services

4.1 General Services

The Hyperdog.io website gives you access to Services including but not limited to functionalities, features, and services related to Hyperdog NFT collections and community engagement.

Token Gated Features: Access to specific services may, at a later point in time, only be available to owners of a Hyperdog NFT and require proof of ownership by connecting a supported blockchain-based digital wallet to the Hyperdog.io website ("Wallet"). Wallets are third-party products and services that are not affiliated, in any way whatsoever, with Hyperdog nor in its custody or control. Access and use of Digital Wallets are at the user’s own risk and discretion and subject to their own applicable terms. YOU ARE SOLELY RESPONSIBLE FOR YOUR WALLET SECURITY, INCLUDING ASSOCIATED PASSWORDS, SEED WORDS AND KEYS. HYPERDOG SHALL NOT, IN ANY EVENT WHATSOEVER, BE HELD RESPONSIBLE FOR ANY RISK ASSOCIATED WITH YOUR ACCESS AND/OR USE OF A WALLET. IN THE EVENT YOU LOSE OR CAN NO LONGER ACCESS YOUR WALLET, HYPERDOG CANNOT RETRIEVE YOUR HYPERDOG NFT FROM YOUR WALLET.

4.2 NFT Primary Sale Services on the Hyperdog.io Website

Primary sale of Hyperdog NFTs will take place via either the Hyperdog.io website or third party site, details of which will be published on hyperdog.io. You will be required to connect your Wallet to the Hyperdog.io website in order to, depending on the rights you have been granted on the primary sale, (i) where applicable, confirm your current ownership of a Hyperdog NFT, and/or (ii) where applicable, transfer to Hyperdog the applicable purchase price, and (iii) receive an NFT. The applicable purchase price of a Hyperdog NFT is set forth on the Hyperdog.io website and is binding at the time of purchase. Additional fees (including gas fees) may be required at the time of purchase to complete the sale. Hyperdog does not 1 monitor nor benefit from gas fees. Hyperdog will directly transfer the Hyperdog NFT you acquired to the supported Wallet you connected to the Hyperdog.io website, depending on the case and where applicable, upon confirmation of ownership of a Hyperdog NFT or upon receipt of the corresponding purchase price. ALL SALES COMPLETED ON THE HYPERDOG.IO WEBSITE ARE FINAL AND THE NFT, A DIGITAL PRODUCT, IS FOR THE PURPOSE OF DISTANCE SELLING LAWS THAT MAY OTHERWISE BE APPLICABLE TO YOU, DEEMED DELIVERED UPON TRANSFER TO YOUR WALLET. TO THE EXTENT THAT THEY MAY OTHERWISE BE AVAILABLE TO YOU, YOU WAIVE AND ACKNOWLEDGE THAT NO STATUTORY WITHDRAWAL, RETURN AND/OR REFUND RIGHTS APPLY.

4.3 NFT Secondary Sale on Third-Party Platforms

Users may resell and/or purchase Hyperdog NFTs on select third-party platforms, such as drip.trade (“Platforms”). Platforms dedicated to secondary sales are third-party services that are not affiliated with Hyperdog and which access and use are at user’s own risk and discretion and subject to their own applicable terms. Hyperdog may receive royalties on secondary sales as is customary. For details you can refer to the smart contract terms of the NFT itself. By reselling and/or purchasing a Hyperdog NFT on an authorized third-party platform, you agree to abide by these Terms.

5 Undertakings of the Parties

5.1 Users' Undertakings

Users shall not, directly or indirectly, without being expressly authorized by these Terms and/or the digital ownership assignment, or by prior written consent of Hyperdog, in any way whatsoever: (i) Copy, modify, communicate, transmit or create any derivative work, use, commercialize or reproduce all or part of the Hyperdog.io website and/or Hyperdog property, including but not limited to Hyperdog NFTs or any part thereof, and related intellectual property rights of Hyperdog, or register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any Hyperdog property; use the Hyperdog.io website or any Hyperdog property to create, endorse, support, promote or condone any 2 content, material or speech that is, or may be deemed to be by Hyperdog at its sole discretion, defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate; and, in general, access, download, upload, share, communicate any content and/or use the Hyperdog.io website or Hyperdog property in a way that may infringe the rights, including intellectual property rights, of Hyperdog or third parties, damage the reputation, rights and interests of Hyperdog, or falsely suggest an affiliation with or endorsement by Hyperdog. (ii) Decompile, disassemble the Hyperdog.io website, reverse engineer or attempt to discover or reconstruct the source code, the ideas on which it is based, the algorithms, the file formats or the programming or interoperability interfaces of the Hyperdog.io website except to the extent permitted by law, in any manner whatsoever. In the event the user wishes to obtain the information necessary to implement the interoperability of the Hyperdog.io website with other software developed or independently acquired by the user, for use in accordance with the destination of the Hyperdog.io website, the user undertakes to contact Hyperdog directly before doing so; (iii) Proceed alone, or with help of a third-party service provider, to correct any errors in and/or alter any content of the Hyperdog.io website in order to make it conform to her/his own purposes (Hyperdog alone reserves for itself the exercise of this right in accordance with exceptions provided by law); or integrate or combine the Hyperdog.io website with other software or documents or create composite or derivative works with help of all or parts of the Hyperdog.io website; and, in general, violate any law or regulation, or make any use of the Hyperdog.io website, services or Hyperdog property that may be deemed contrary to public order or unfair.

6 Security

6.1 Hyperdog.io Website Security

Hyperdog shall make its best efforts to deploy the necessary resources to ensure users’ access to and effective operation of the Hyperdog.io website. However, given the limitations 3 related to the internet, Hyperdog cannot guarantee that access and operation of the Hyperdog.io website will not be interrupted, such as in event of force majeure, malfunction of the users’ equipment, malfunctions of the users’ internet networks and/or maintenance operations designed to improve the Hyperdog.io website. The user hereby represents, warrants, and agrees that, when accessing and/or using the Hyperdog.io website and services, the user shall refrain from any act and/or omission which could, in any way whatsoever (i) jeopardize the security of the Hyperdog.io website; (ii) attempt, in any manner, to obtain passwords or other security information from any other user; (iii) violate the security of any computer network, or crack any passwords or security encryption codes; (iv) run any processes that interfere with the proper working of the Hyperdog.io website and services; (v) disturb, hinder and/or prevent the proper functioning of the Hyperdog.io website and services (such as, but not limited to, downloading viruses or malicious code whatsoever or by performing hacking activities of any nature or that otherwise interfere with the proper functioning of the Hyperdog.io website and services).

6.2 Malicious Third Parties

Malicious third parties may offer for sale NFTs counterfeiting Hyperdog property and/or falsely act as affiliated to or endorsed by Hyperdog. In case of doubt, refer to Hyperdog official communication and social media channels including X account @hyperdogHL. Your interactions with unrelated third parties are at your own risk and discretion. Hyperdog is not responsible, in any way whatsoever, for any act or omission of said malicious third parties, nor any adverse consequence resulting from your interactions with them.

7 Disclaimer

Hyperdog’s NFTs are inherently unique and not fungible with other crypto-assets. Each Hyperdog NFT is unique and exclusive to its owner. Hyperdog is not a provider of digital asset services including, but not limited to, services regarding initial coin offering; custody of digital assets on behalf of third parties or access to digital assets for the purpose of holding, storing, and transferring digital assets; the purchase and sale of digital assets in legal tender; the exchange of digital assets for other digital 4 assets; the operation of a digital asset trading platform; or any services related to third party order reception and transmission, third party portfolio management, advice, underwriting, guaranteed placement, and unguaranteed placement. Hyperdog does not provide asset intermediation services including, but not limited to, services related to the offer, to clients or potential clients, to acquire rights on one or more assets on the basis of the possibility of a direct or indirect financial return or similar economic effect. The user hereby represents, warrants, and agrees that any use of the Hyperdog.io website and Services, including any purchase of a Hyperdog NFT, is made for its sole personal collection, use, and enjoyment. User shall refrain from any act and/or omission which could, in any way whatsoever, be interpreted as or suggest that (i) the user is accessing or using the Hyperdog.io website and/or services, including purchasing a Hyperdog NFT, for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution, or that (ii) accessing or using the Hyperdog.io website and/or services, including purchasing a Hyperdog NFT, may constitute an opportunity to gain economic benefit or profit, or an investment, equity, or other ownership or profit-sharing interest in Hyperdog or its affiliates or business partners of any kind. In this regard, HYPERDOG MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO ANY FUTURE VALUE OR RESALE PRICE OF A HYPERDOG NFT. YOU ARE THE SOLE RESPONSIBLE FOR YOUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING TAX OBLIGATIONS IN RELATION WITH NFT AND CRYPTOCURRENCIES. PLEASE BE AWARE THAT CHANGES IN APPLICABLE LAWS AND REGULATIONS MAY IMPACT THE SERVICES AND YOUR RIGHTS AND OBLIGATIONS REGARDING YOUR HYPERDOG NFT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HYPERDOG, ITS RELATED ENTITIES, MEMBERS, DIRECTORS, OFFICERS, PERSONNEL AND AGENTS (HEREIN THE “HYPERDOG PARTIES” OR “WE”) MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, ANY SMART CONTRACT), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR 5 ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (IV) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. HYPERDOG ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH DIGITAL ASSETS OR OTHER ITEMS, OR ANY DIGITAL ASSETS OR ITEMS YOU INTERACT WITH WHEN USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL WRITTEN, OR OBTAINED FROM US OR THROUGH OUR SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE HYPEREVM NETWORK, OR ANY OTHER NETWORKS YOU INTERACT WITH, OR THROUGH WHICH OUR SERVICES OR DIGITAL PRODUCTS ARE MADE AVAILABLE THROUGH, INCLUDING THE METAMASK ELECTRONIC WALLET,OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, SUCH AFORESAID LOSSES INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK. HYPERDOG NFTS ARE INTANGIBLE ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE HEYPEREVM NETWORK (OR ANY OTHER NETWORK OR L2 HYPERDOG ASSETS HAVE REPRESENTATION ON). ALL DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE RECORD THEREOF ON THE DECENTRALIZED LEDGER 6 WITHIN THE CORRESPONDING NETWORK(S). THE HYPERDOG PARTIES HAVE NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY DIGITAL ASSETS. THE HYPERDOG PARTIES ARE NOT RESPONSIBLE FOR LOSSES DUE TO VULNERABILITY OR ANY KIND OF FAILURE OF BLOCKCHAINS OR ANY OTHER FEATURES OF OR INHERENT TO BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ABNORMAL BEHAVIOR OF SOFTWARE, VULNERABILITIES OF ANY KIND, ANY KIND OF FAILURE, LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ANY BLOCKCHAIN NETWORK OR INCLUDING FORKS, TECHNICAL NODE ISSUES, AND ANY OTHER ISSUES RESULTING IN LOSSES OF ANY SORT, INCLUDING OF ANY OF YOUR FUNDS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES AND THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF HYPERDOG’S CONTROL. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HYPERDOG PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD-PARTY SERVICE PROVIDERS, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WHETHER ONLINE OR OFFLINE WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT THE HYPERDOG PARTIES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. HYPERDOG PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. HYPERDOG MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE HYPERDOG PARTIES ARE NOT RESPONSIBLE FOR AND DO NOT TRANSFER LEGAL OWNERSHIP OF DIGITAL ASSETS OR ITEMS FROM SELLERS TO BUYERS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN 7 CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE OR YOUR USE OF OR YOUR USE OF OR INABILITY TO USE ANY HYPERDOG NFT PURCHASED FROM A SELLER. ANY INFORMATION PROVIDED BY OR ON BEHALF OF HYPERDOG IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO HYPERDOG NFTS. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE HYPERDOG PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

8 Warranty and Liability

8.1 Warranties

BY ACCESSING ANY OUR SERVICES YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING OUR SERVICES INCLUDING THE DIGITAL PRODUCTS WE MAKE AVAILABLE TO YOU ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL DEFAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Hyperdog makes no warranties whatsoever, regarding the Hyperdog.io website, the services, and any transaction involving, in whole or in part, Hyperdog NFT and/or cryptocurrencies, including, but not limited to, with regard to any risk associated with Hyperdog NFT, such as, risk of failure to transfer the NFT to the user due to an error, such as forgotten passwords, mistyped addresses or incorrectly constructed transactions, mining attacks, cybersecurity attacks, blockchain malfunctions or other technical errors, telecommunications failure, unfavorable regulatory determinations or actions in one or more jurisdictions (including with respect to NFTs and/or cryptocurrencies), taxation of NFTs or cryptocurrencies, personal information disclosure, uninsured losses, unanticipated risks, volatility risks, server failure or data loss, corrupted or otherwise inaccessible digital wallets, unauthorized access, inability to access, transfer or display the NFT, risks arising from third-party providers, including third-party providers that 8 may mint and/or store the NFT, and any damages arising from any unauthorized third-party activities, including without limitation the introduction of viruses or other malicious code, phishing attacks, Sybil attacks, fifty-one percent (51%) attacks, brute forcing changes to the protocol rules of the blockchain (i.e., "forks"), or other means of attack that may affect, in any way, the NFT. Hyperdog does not warrant that the user’s access and use of the Hyperdog.io website and the services will be uninterrupted, timely, and free from errors, malfunctions, viruses, and malicious codes of any kind whatsoever. No information provided on the Hyperdog.io website is ever guaranteed in any way whatsoever. USERS EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT ELECTRONIC COMMUNICATIONS MAY NOT BE FREE FROM INTERFERENCES WITH THIRD PARTIES. HYPERDOG SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, AND LOSS OF PROFIT, OF WHATEVER NATURE AND KIND, RESULTING FROM OR ARISING OUT OF SUCH INTERFERENCE WITH THIRD PARTIES THROUGH THE INTERNET NETWORK.

8.2 Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE HYPERDOG PARTIES FROM AND AGAINST ALL ACTUAL OR ALLEGED THIRD PARTY CLAIMS, DAMAGES, AWARDS, JUDGMENTS, LOSSES, LIABILITIES, OBLIGATIONS, PENALTIES, INTEREST, FEES, EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) AND COSTS (INCLUDING WITHOUT LIMITATION, COURT COSTS, COSTS OF SETTLEMENT, AND COSTS OF OR ASSOCIATED WITH PURSUING INDEMNIFICATION AND INSURANCE), OF EVERY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OR YOUR USE OF THE SERVICES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, WHETHER IN TORT, CONTRACT OR OTHERWISE (COLLECTIVELY, “CLAIMS”), INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY OR PERSONAL INJURY, THAT ARE CAUSE BY, ARISE OUT OF OR ARE RELATED TO (A) YOUR USE OR MISUSE OF THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY OR THROUGH THEM INCLUDING ANY HYPERDOG NTF (B) YOUR VIOLATION OF THESE TERMS OF USE, (C) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING ANOTHER USER. YOU AGREE TO PROMPTLY NOTIFY US OF ANY THIRD PARTY CLAIMS AND COOPERATE WITH THE ILLUVIUM PARTIES IN DEFENDING SUCH 9 CLAIMS. YOU FURTHER AGREE THAT THE HYPERDOG PARTIES SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD PARTY CLAIMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND US.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HYPERDOG PARTIES MAKE NO CLAIM, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY: i) FOR YOUR USE OF OUR SERVICES (OR ANY ONE OF THEM, OR ANY PART OF THEM); ii) FOR THE INFORMATION, PRODUCTS, AND/OR MATERIALS CONTAINED ON OR ACCESSED VIA OUR SERVICES, INCLUDING IN PARTICULAR HYPERDOG NFTS AND SMART CONTRACTS; iii) AS A RESULT OF THE INACCESSIBILITY OF OUR SERVICES (OR ANY ONE, OR PART OF THEM) AND/OR THE FACT THAT CERTAIN INFORMATION OR MATERIALS CONTAINED ON/WITHIN OUR SERVICES ARE INCORRECT, INCOMPLETE, INSECURE, UNSTABLE, UNRELIABLE OR NOT UP-TO-DATE; iv) FOR PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND ANYTHING ELSE PROVIDED BY A THIRD PARTY (INCLUDING BUT NOT LIMITED TO THIRD PARTY SOFTWARE) THAT IS ACCESSIBLE TO YOU THROUGH OUR SERVICES; v) FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES (INCLUDING MALICIOUS ACTORS THAT MAY EXPLOIT ANY PART OF THE SERVICES), OR YOUR TRANSACTIONS OR ANY OTHER INTERACTION WITH ANY SUCH THIRD PARTIES OR THIRD-PARTY SOFTWARE; vi) FOR THE QUALITY OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICE. ; 10 vii) FOR ANY SMART CONTRACT OR RELATED FAILURES, RISKS, OR UNCERTAINTIES ASSOCIATED WITH THE HYPEREVM NETWORK OR BLOCKCHAIN SUCH AS FORKS, TECHNICAL NODE ISSUES, REPUDIATED TRANSACTIONS, MIGRATIONS AND UPDATES OR ANY OTHER ISSUES CAUSING LOSSES; viii) FOR USER ERROR SUCH AS FORGOTTEN PASSWORDS OR SEED PHRASES AND YOUR STANDARDS OF PERSONAL SECURITY THAT MEAN YOU LOSE CONTROL OF YOUR TOKEN WALLET AND/OR THE TOKENS OR DIGITAL ASSETS DISPLAYED THEREIN, AND YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. NO CONSEQUENTIAL LOSS: WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HYPERDOG PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS AND ANY OTHER FORM OF ECONOMIC LOSS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR THE HYPERDOG NFTS. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS. REMEDIES: YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES AND THE DIGITAL PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM, INCLUDING BUT NOT LIMITED TO THE HYPERDOG NFTS IS TO CEASE USE. INVIOLABLE STATUTORY REMEDIES: SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR 11 IN PART. TO THE EXTENT THAT ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED, HYPERDOG PARTIES’ LIABILITY FOR DAMAGES UNDER THESE TERMS SHALL IN ALL CASES BE LIMITED TO, AND UNDER NO CIRCUMSTANCES SHALL EXCEED 1.00 USD AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF HYPERDOG PARTIES’ (AS CONVERTED INTO THE RELEVANT TOKEN UNITS OR DIGITAL OR FIAT CURRENCY, AS APPLICABLE). THE RELEVANT TIME JUNCTURE FOR DETERMINING THE CONVERSION RATE FOR THE CAPPED QUANTUM OF RECOVERY AVAILABLE TO YOU UNDER THIS CLAUSE IS AT THE TIME OF PURCHASE.

9 Miscellaneous

9.1 Breach of Terms

If the user’s utilization of the Hyperdog.io website is deemed in breach of the terms, Hyperdog reserves the right to limit, suspend, or terminate, temporarily or permanently, as of right, without any indemnification, compensation, or refund whatsoever being owed and without any prejudice to any legal action that Hyperdog may be entitled to, the user’s access to the Hyperdog.io website and/or the services available to the user. Hyperdog shall inform the user of its decision to suspend or limit the user’s rights and may, at its discretion, decide to restore the user’s rights.

9.2 Third Party Content

The Hyperdog.io website may display hypertext links redirecting the user to third party websites and/or applications. Hyperdog shall not be held liable, in any way whatsoever, in respect of any hypertext links to third parties that may be accessible on the Hyperdog.io website. In this respect, please note that Hyperdog neither has any control over the content published by such third parties nor monitors such content. As a result, Hyperdog shall in no event be held liable in respect of any content published by third parties whatsoever. The user is hereby invited to duly read the terms and conditions governing third-party websites and applications that the user may access by clicking on hypertext links displayed on the Hyperdog.io website and related website pages. In the event that any content posted on the Hyperdog.io website does not comply with these terms and/or infringes applicable legal and 12 regulatory provisions, in particular because it constitutes manifestly unlawful content (e.g., defamatory, denigrating or infringing on the user's intellectual property rights), any user may report such infringement by contacting Hyperdog using the information provided on the website.

9.3 Assignment

Hyperdog may transfer all or part of its rights and obligations under these terms to any entity, affiliate, subsidiary, or third party, including, but not limited to, in case of merger, division, partial asset transfer, or full or partial business disposal. The user shall not transfer all or part of its obligations under these terms, in any way whatsoever, without the express prior written agreement of Hyperdog.

9.4 Validity

In the event any one or more of the provisions of these terms are unenforceable, it shall be stricken from the applicable document, but the remainder of the terms shall remain in force. The provisions declared unenforceable shall be replaced by the provisions that are closest in meaning and scope to the initial provisions.

9.5 Electronic Communication In accordance with applicable law, the user acknowledges and agrees that information exchanged between the user and Hyperdog in electronic format (including via email) shall be deemed valid means of communication, notice, and proof, equivalent to information in paper format.

10 Applicable Law

The validity of these Terms and any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be governed, interpreted, and enforced in accordance with federal law of the United Arab Emirates. In the event of a dispute arising between the parties regarding the interpretation, execution, or termination of these Terms, the parties shall endeavor to resolve such issue through amicable means. Notwithstanding anything to 13 the contrary provided herein, the state or federal court of appropriate jurisdiction located in the United Arab Emirates shall be the venue for any formal disputes between user and Hyperdog.

11. Risk Warning

Hyperdog's services heavily rely on emerging technologies, such as the Hyperevm network. These technologies are experimental, speculative, and novel, and by no means fixed in terms of feature design and operation, and therefore there is uncertainty regarding the effects, operations, and risks thereof and the application of existing applicable laws thereto. By using the services, you explicitly acknowledge and accept these heightened risks. You understand and agree that your use of the Services and Hyperdog NFT is subject to certain risks, including without limitation the following non-exhaustive list of risks. These risks, as well as additional risks arising now and in the future, can be substantial. You should carefully consider the use of any of our services. You accept and acknowledge each of the following risks: ● Price and Liquidity: The price and liquidity of blockchain assets, including any of the Hyperdog Tokens, is extremely volatile and may be subject to fluctuations. Fluctuations in the price of any digital asset, including any Hyperdog NFT, could materially and adversely affect any one or all of the Hyperdog NFTs; ● Regulation: All digital assets including Hyperdog NFTs are largely unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions; ● Legislative and Regulatory Changes: Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of Hyperdog NFTs and the nature of the Services. We may be adversely impacted by one or more regulatory or legal claims, actions, inquiries, suits, investigations, fines, or judgments, which could impede or limit the ability of you to continue to use our services and to derive value in, and use of the Hyperdog Tokens; 14 ● Irreversibility of Transactions: Transactions involving Hyperdog NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable; ● Security of Private Keys: Users are solely responsible for the safekeeping of their private keys. We will not be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise, as well as accidental transactions; ● Dependency on Wallet and Blockchain Technology: To use Hyperdog NFTs, you must use non-custodial wallet software which allows you to interact with public blockchains, and rely on cryptography and technology such as blockchain for security and other features. Your use of a non-custodial wallet provider is governed by the applicable terms of service of that third party, and are not governed by these Terms. You are responsible for seeking independent, professional advice in relation to the cybersecurity of your blockchain and token activities; ● Market Dependence: The value of Hyperdog NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Hyperdog NFTs, and therefore the value of Hyperdog NFTs is subject to the potential for permanent or total loss of value should the market for any one of or all of the Hyperdog NFTs disappear; ● Vulnerabilities to Fraud and Cyber Attacks: Hyperdog’s services and smart contracts, including those that relate to the Hyperdog NFTs, are subject to the risk of fraud, counterfeiting, cyber-attacks, and other malicious behavior. Malicious individuals or organizations may target you and attempt to steal your Hyperdog NFTs you may hold or claim any Hyperdog NFTs that you may have earned or purchased. You are solely responsible for protecting yourself against such actions.

12. Hyperdog.io Intellectual Property

12.1 Ownership General

Unless otherwise indicated by Hyperdog in writing, the Services and all content and other materials contained on the website, including, without limitation, all Hyperdog NFT artworks, designs, text, graphics (whether still or moving), animations, pictures, information, 15 data, software, sound files, audiovisual effects, other files, and the selection and arrangement thereof (collectively, the "Content"), are the proprietary property of Hyperdog or our affiliates, or licensors, as applicable. The Hyperdog.io logos and any Hyperdog.io product, service name, logo, slogan, trademark, and service mark contained therein (the "Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the jurisdictions in which we make the services available. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Hyperdog.

12.2 Access to Services

Subject to your ongoing compliance with these Terms and eligibility to use the Services, you are hereby granted a limited, revocable, nonexclusive, non-transferable, non-assignable, non-sublicensable, "as is" right to access and use the Services and Content, excluding Hyperdog NFTs, for your own personal, non-commercial use; provided, however, that such right does not include any right to (i) sell, resell, or use commercially the services or Content, (ii) distribute, publicly perform, or publicly display any Content, (iii) modify or otherwise make any derivative uses of the services or Content, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the services or Content, except as expressly permitted by us, and (vi) use the services or Content other than for their intended purposes. We reserve all rights not expressly granted hereunder in and to the services and all components thereof, including without limitation the Content, and the Marks.

12.3 Hyperdog NFT - Fan Art Limited License

16 With respect to any NFT sold by Hyperdog or allowed for sale through an approved third party marketplace, the terms of this section shall apply and shall take precedence over any other terms. Hyperdog hereby grants you a non-exclusive, limited, revocable, royalty-free, worldwide right and license (with no right to sub-license) to use artwork contained within a Hyperdog NFT to create certain derivative works thereof in digital or tangible form ("Fan Art"), solely for personal, non-commercial use. Fan Art shall not include any Marks (including without limitation any Hyperdog.io logo), must be clearly and prominently designated in all manners and mediums as "Hyperdog Fan Art", and if displayed in any online format, must link to the Interface and directly to the precedent NFT art. If you are the then-current owner of any Hyperdog NFT, you are granted a limited license, subject to these Terms, to create Fan Art from such Hyperdog NFT and to use such Fan Art for non-commercial purposes.

12.4 Hyperdog NFT - Your rights to Visual IP

Each Hyperdog NFT embodies or includes certain artwork owned or licensed by Hyperdog (the "Artwork"). You acknowledge and agree that Hyperdog or our respective licensors own all legal right, title, and interest in and to the Artwork, and all Intellectual Property Rights therein. The rights that you have in and to the Artwork are limited to those expressly set forth in these Terms. Hyperdog and its licensors reserve all rights in and to the Artwork not expressly granted to you herein. The Visual IP is neither stored nor embedded in the Hyperdog NFT but is made accessible through the smart contract, which defines metadata, attributes and rules, and includes a pointer (URL or IPFS hash) to the location of the Visual IP. ALTHOUGH EACH HYPERDOG NFT ITSELF IS OWNED BY ITS THEN-CURRENT OWNER, THE VISUAL IP EMBODIED THEREIN IS LICENSED, PURSUANT TO THESE TERMS, AND NOT TRANSFERRED OR SOLD, TO SUCH OWNER. The rights that you have in and to the Visual IP are limited to those expressly set forth in these Terms. Hyperdog and its licensors reserve all rights in and to the Visual IP not expressly granted to you herein. HYPERDOG PROVIDES EACH NFT, LICENSES THE VISUAL IP TO THE THEN-CURRENT OWNER OF THE NFT, AND PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. HYPERDOG EXPRESSLY 17 DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSE TO CREATE AND DISPLAY THE VISUAL IP EMBODIED BY EACH HYPERDOG NFT IS AUTOMATICALLY AND ALWAYS TRANSFERRED WITH THE RESPECTIVE NFT AS PROVIDED IN THESE TERMS. OTHERWISE, THE LICENSE TO DISPLAY THE VISUAL IP EMBODIED BY EACH NFT IS NON-TRANSFERABLE. You acknowledge that the license granted to you in these Terms applies only to the extent that you lawfully purchased or acquired a Hyperdog NFT and, with respect to any such NFT, for so long as you own such NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Hyperdog NFT for any reason, the license granted in these Terms will immediately terminate with respect to such NFT without the requirement of notice, and you will have no further rights in or to the Visual IP embodied by such NFT. Furthermore, the license granted in these Terms will automatically terminate, with all rights returning to Hyperdog or our licensor (as applicable), if: (a) you breach these Terms, which shall include any unauthorized transfer or acquisition of an NFT; or (b) you engage in any unlawful business practice related to NFTs or the Services in general. In the event that you did not lawfully purchase or acquire a Hyperdog NFT, or upon any termination of the license granted in these Terms, Hyperdog may disable your access to the Visual IP and/or deny you access to any of our Services and/or any further benefits, services, or goods associated with the NFT.

Restrictions:

You agree that you will not, nor will you cause or permit any third party to, do or attempt to do, any of the following without our express prior written consent in each case: (i) modify, distort, or perform any other modification to the Visual IP in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Visual IP as a brand or trademark or to advertise, market, or sell any product or service (other than an authorized offering of an NFT itself); (iii) use the Visual IP in connection with images, videos, video games or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, 18 or consists of the Visual IP; (v) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Visual IP; (vi) use the Visual IP in connection with disparaging statements about Hyperdog and/or our affiliated companies, or otherwise damage the goodwill, value, or reputation of Hyperdog, or represent or imply that your exercise of the licenses granted hereunder is endorsed by us and/or our affiliated companies; (vii) otherwise utilize the Visual IP for your or any third party's commercial benefit (except as otherwise permitted herein (including an authorized offering of the NFT itself); viii) attempt to mint, tokenize, or create an additional cryptographic token representing the same or deceptively similar content to the Visual IP, determined by Hyperdog in our sole discretion; or (ix) falsify, misrepresent, or conceal the authorship of any content created using the Visual IP. These restrictions will survive the expiration or termination of licenses granted hereunder. Without limiting the foregoing, the license granted by these Terms does not include: (a) the right to use the Visual IP in connection with additional digital assets or items; or (b) the right to create derivative works of the Visual IP (except as otherwise permitted herein). You may not use or attempt to register any asset (including, without limitation, any domain names, social media accounts, or related addresses) that contains or incorporates any Visual IP, or any other representation, name, or mark that may be confusingly similar to any of Hyperdog’s intellectual property.

Transfer of NFTs:

As applicable, you may transfer to a third party any Hyperdog NFT that you lawfully own to a third party, subject to these Terms. If you transfer any NFT, you must make the transferee aware of, and you must cause any such transferee to agree in writing to comply with and be bound by these Terms.

Limited license applies to the current owner of a Hyperdog NFT:

You agree and acknowledge that the lawful ownership, possession, and title to a Hyperdog NFT is a necessary and sufficient condition precedent to receiving the limited license rights set out herein. Any subsequent transfer, dispossession, burning, or other relinquishment of a Hyperdog NFT will immediately terminate the former owner’s rights and interest in the license as provided by these Terms.