Terms of Service

Last updated / Effective date: October 16, 2026

These Terms of Service ("Terms") form a binding legal agreement between you ("you", "your", or the "User") and HyperFX ("HyperFX", "we", "us", or "our"), the operator of the website located at https://hyperfx.pro and any related applications, content, features, and services (collectively, the "Service").

Please read these Terms carefully. They contain important provisions about the nature of the Service, the absence of any financial advice, the high risks of trading, disclaimers of warranties, limitations of our liability, and how disputes are resolved.

1. Acceptance of the Terms

1.1. By accessing or using the Service, creating an account, clicking "I agree" (or a similar control), or by subscribing to or paying for any plan, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all documents incorporated by reference, including our Privacy Policy, Cookie Policy, Refund Policy, Risk Disclosure, and Affiliate Disclosure.

1.2. If you do not agree to these Terms, you must not access or use the Service.

1.3. If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

1.4. We may publish additional rules, guidelines, or policies for specific features. Those are incorporated into these Terms by reference. If there is a conflict, the feature-specific terms control for that feature unless stated otherwise.

2. Definitions

"Account" means the registered account that gives you access to the Service.
"Content" means all information, text, data, charts, analysis, feeds, software, and other materials made available through the Service.
"User Content" means information you submit or retain through supported Service features, including confirmed instrument/timeframe selections, journal entries, notes and historical records. You retain the rights described in Section 9.
"AI Output" means any analysis, summary, score, signal-like information, or other result generated by automated or machine-learning systems in response to your inputs or to third-party data.
"Subscription" means a paid plan that grants access to specified paid features for a defined period or on a lifetime basis.
"Crypto Payment Processor" means the third-party, non-custodial cryptocurrency payment processor we use to accept payments in cryptocurrency.

3. Eligibility, Minimum Age (18+), Sanctions, and Export Compliance

3.1. The Service is intended only for individuals who are at least eighteen (18) years old (or the age of legal majority in your jurisdiction, if higher). By using the Service, you represent and warrant that you meet this requirement.

3.2. You represent and warrant that you are legally permitted to access and use the Service, and to access information about crypto and forex markets, in your country, region, and jurisdiction, and that your use does not violate any law or regulation applicable to you.

3.3. The Service is not directed to, and may not be used by, any person located in a jurisdiction where access to or use of the Service, or the receipt of information about crypto or forex markets, would be unlawful or would subject us to any registration or licensing requirement. You access the Service on your own initiative and are solely responsible for compliance with local laws.

3.4. We may, at our discretion, refuse the Service, restrict features, or block access from any jurisdiction or to any person.

3.5. Sanctions and denied-persons representation. You represent and warrant that you are not, and are not owned or controlled by or acting on behalf of any person who is: (a) the subject or target of any economic or trade sanctions administered or enforced by the U.S. Office of Foreign Assets Control (OFAC), the U.S. Department of State, the United Nations Security Council, the European Union or any of its member states, the United Kingdom (including HM Treasury), or any other relevant authority; (b) listed on any government list of sanctioned, denied, blocked, or debarred persons (including the OFAC Specially Designated Nationals and Blocked Persons (SDN) List); or (c) located, organized, or ordinarily resident in any country or territory that is itself the subject of comprehensive sanctions or an embargo. You agree not to use the Service for or on behalf of any such person or in any such territory. We may screen you against applicable sanctions and denied-party lists, and we may suspend, restrict, block, or terminate your access at any time, with or without notice, to comply with applicable sanctions or other laws.

3.6. Export and trade controls. The Service, and any related software and technology, may be subject to export, re-export, and trade-control laws and regulations of one or more countries. You agree to comply with all applicable export, re-export, sanctions, and import laws and regulations, and you represent and warrant that you will not access, use, export, re-export, or transfer the Service in violation of them, including for any prohibited end use or to any prohibited destination or person.

4. Description of the Service — Information and Education Only

4.1. Nature of the Service. HyperFX provides market-data analysis for a user-confirmed crypto or forex instrument and timeframe, token research and wallet-connected trading tools on eligible routes, a private analysis history, a journal and educational materials. Current Analyze checks live OHLCV and can return LONG, SHORT or NO TRADE; it does not accept a chart screenshot as the current analysis workflow. Outputs are informational, not personalized advice or a promise of returns. Public performance reporting is not currently published.

4.2. No financial advice. All Content and AI Output is provided for general informational and educational purposes only. It is not, and must never be treated as, financial, investment, trading, legal, tax, accounting, or other professional advice. See Section 15 (No Financial Advice) for the full and controlling disclaimer, which applies to your entire use of the Service.

4.3. No personalized recommendations. Nothing in the Service is tailored to your individual objectives, financial situation, or risk tolerance. The Service does not provide personalized recommendations, portfolio management, asset management, or any solicitation or offer to buy, sell, hold, or transact in any asset.

4.4. No guarantees. We make no guarantee of any kind regarding profit, performance, accuracy, completeness, timeliness, or outcomes. Past performance and any past, hypothetical, simulated, or tracked results do not indicate or guarantee future results.

4.5. AI limitations. AI Output may be incomplete, inaccurate, outdated, biased, or simply wrong, and may appear authoritative while being incorrect. You must independently verify all information before relying on it.

4.6. Third-party and tracked data. Information derived from third parties — including market data and the tracking of public traders' statements or prediction accuracy — is provided "as is", is not verified or endorsed by us, and may be inaccurate, incomplete, or out of date.

4.7. Wallet-connected software; no custody of trading assets. The Terminal may connect to a wallet you control, request third-party quotes, prepare transaction data, relay transactions you have signed and display their confirmation status. Trading requires your authorization; HyperFX does not ask you to disclose a seed phrase or private key and does not become the trading counterparty. A quote, risk check or submitted transaction is not a guarantee of execution, finality or price. Slippage, network fees, token approvals and third-party protocol risks remain relevant. Payments for HyperFX products or disclosed platform fees are separate from custody of assets in your trading wallet.

4.8. Changes to the Service. The Service is evolving. We may add, modify, suspend, or remove features, content, or functionality at any time, with or without notice.

5. Account Registration and Security

5.1. Registration. To access certain features you must create an Account and provide accurate, current, and complete information. You agree to keep your information up to date.

5.2. Credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must not share your Account or allow any other person to use it.

5.3. Per-user access. Unless a plan expressly permits otherwise, an Account is for a single user. Access is granted on a limited, non-exclusive, non-transferable, non-sublicensable, and revocable basis, subject to the limits of your plan.

5.4. Unauthorized use. You must notify us promptly at support@hyperfx.pro of any unauthorized use of your Account or any other security breach. We are not liable for any loss arising from unauthorized use of your Account.

5.5. Accuracy and verification. We may, but are not obligated to, verify any information you provide and may suspend or terminate Accounts containing false, misleading, or fraudulent information.

6. Subscriptions, Credit Packs, Free and Paid Tiers, Billing, and Crypto Payment

6.1. Current plans and preserved historical purchases. New purchases offer Complete: USD 69 for 30 days, paid once for that access period, and Lifetime: USD 299 once, with the quotas and scope shown at checkout. Complete does not automatically renew. Eligible accounts may also purchase the analysis credit packs displayed at checkout. Historical Start, Pro, Elite, Founder and legacy Lifetime entitlements remain governed by the accepted purchase terms; their presence in an account is not a new public offer. Any applicable regional offer, tax and final payable amount are disclosed before payment.

6.2. Payment methods and transaction details. Use only the asset, network, destination and amount displayed on your current checkout or invoice. Cryptocurrency payments may use a direct on-chain invoice or an available third-party payment processor; a processor is not required for every purchase. HyperFX does not collect payment-card details. The invoice states its expiry and confirmation requirements. Confirmed blockchain transfers generally cannot be reversed by the network, but this does not remove the seller’s refund obligations or your mandatory consumer rights. You are responsible for verifying the network, address, amount and network fees before authorizing payment.

6.3. No automatic renewal or automatic debit. A Complete purchase pays for one 30-day period. Continuing paid access requires a separate purchase and payment you authorize. Lifetime and credit packs are also one-time purchases. Creating an account, connecting a wallet or starting a free preview does not authorize recurring charges or debit your wallet. A voluntary renewal of an eligible historical plan requires its own checkout; this wording does not change rights already fixed in an earlier purchase.

6.4. Stopping and cancellation requests. You do not need to cancel Complete to prevent an automatic charge: there is no automatic renewal. If you do not buy another period, paid access ends at the end of the period already purchased. You may stop using the Service or contact support@hyperfx.pro to request cancellation, withdrawal or a refund under the Refund Policy. Stopping use does not by itself create a refund or waive any mandatory consumer right.

6.5. Price changes. A new price is shown before a new purchase; it does not retrospectively alter a completed purchase or create a new payment obligation. Existing paid periods and preserved historical purchase rights are not shortened by a new advertised price. We will provide any notice required by applicable law.

6.6. Taxes on fees. Prices may exclude applicable taxes, VAT, or duties on your subscription, which may be added at checkout or charged separately. You are responsible for all such taxes on your subscription, other than taxes based on our net income.

6.7. Taxes on your trading and investment activity. You are solely responsible for determining, reporting, withholding, and paying any and all taxes, levies, and duties arising from your own trading, investment, or other financial activity, including any gains, losses, or income relating to crypto-assets or forex. HyperFX does not provide tax advice, tax reporting, tax forms, or cost-basis or transaction records for your trading activity, and is not responsible for your tax compliance.

6.8. Free previews, promotions and referral credits. A free preview or trial does not automatically convert into paid access and does not authorize a charge. Any later purchase requires your express payment authorization. Promotional pricing and referral credits apply on the disclosed offer terms, have no cash value, are non-transferable and may be modified or withdrawn subject to existing purchase rights and mandatory law. Affiliate commissions earned by HyperFX from third parties are addressed in Section 12.

6.9. Refunds. Refunds, cancellations, and any EU right-of-withdrawal terms are governed by our separate Refund Policy, which is incorporated into these Terms by reference.

6.10. Failed payments. If a payment fails, we may suspend or downgrade your access until payment is successfully made.

7. Acceptable Use and Prohibited Conduct

7.1. You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

(a) use the Service in any way that violates any applicable law or regulation, or that infringes the rights of others;

(b) copy, reproduce, resell, redistribute, publicly display, sublicense, or otherwise commercialize any Content, AI Output, or paid features, in whole or in part, except as expressly permitted;

(d) scrape, crawl, harvest, data-mine, or use bots or automated means to access or extract data from the Service, except as we expressly authorize;

(e) reverse engineer, decompile, disassemble, or attempt to derive the source code, models, or underlying technology of the Service, except to the extent such restriction is prohibited by law;

(f) interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, its servers, or networks, or bypass any security or rate-limiting measures;

(g) upload or transmit any malware, malicious code, or harmful component;

(h) upload, post, or transmit any User Content that is unlawful, infringing, defamatory, fraudulent, deceptive, abusive, obscene, or that you do not have the right to submit;

(i) use the Service to provide financial advice to third parties, to operate a competing service, or to misrepresent the Service or any Content or AI Output as professional or regulated advice;

(j) impersonate any person or entity or misrepresent your affiliation; or

(k) use the Service in any manner that could damage, disable, or impair the Service or interfere with any other party's use of it.

7.2. We may investigate suspected violations and may take any action we consider appropriate, including removing content, restricting features, and suspending or terminating Accounts.

8. Intellectual Property

8.1. Our IP. The Service, including its software, design, text, graphics, logos, trademarks, databases, AI models and systems, feeds, and all Content we provide (excluding User Content and third-party content), is owned by or licensed to HyperFX and is protected by intellectual property and other laws. All rights not expressly granted are reserved.

8.2. Limited license to you. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service and its Content for your own personal, internal, non-commercial use.

8.3. Restrictions. You may not use our trademarks, branding, or Content without our prior written consent, except as permitted by these Terms or applicable law.

8.4. Feedback. If you provide suggestions or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you.

9. User-Generated Content and License You Grant

9.1. Ownership. As between you and us, you retain all rights you hold in your User Content, including your submitted parameters, journal entries, notes and historical records. We do not claim ownership of your User Content.

9.2. License you grant. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and create derivative works from your User Content solely to the extent necessary to operate, provide, secure, maintain, and improve the Service for you, including generating AI Output from your inputs. This license lasts only as long as needed for those purposes and ends when your User Content is deleted, subject to reasonable backup retention and Section 19 (survival) and our Privacy Policy.

9.3. Your responsibility and warranties. You are solely responsible for your User Content. You represent and warrant that you own or have all necessary rights to your User Content and to grant the license above, and that your User Content does not infringe any third-party rights or violate any law. You should not upload confidential information you are not permitted to share, or any personal data of third parties without a lawful basis.

9.4. Automated processing. Supported inputs may be processed by automated systems to provide the requested output, which may be inaccurate. You remain responsible for your use of it. Any optional AI-provider processing, analytics or model-training use is subject to the Privacy Policy, applicable law and the necessary permissions; this clause does not activate a retired image-upload feature or authorize unrestricted use of private account data.

9.5. Removal. We may remove, disable, or refuse any User Content that we reasonably believe violates these Terms or applicable law, or that exposes us or others to liability.

9.6. No obligation to store. We are not a backup service. You are responsible for keeping your own copies of your User Content.

10. Third-Party Links, Content, and Services

10.1. The Service may contain links to, or integrations with, third-party websites, platforms, brokers, exchanges, data providers, and content (including publicly available content from third-party creators and platforms). These are provided for convenience and information only.

10.2. We do not control, endorse, verify, or assume responsibility for any third-party site, platform, product, service, or content, including its accuracy, legality, security, or availability. Your dealings with any third party are solely between you and that third party, and are subject to that third party's own terms and policies.

10.3. We are not liable for any loss or damage arising from your use of, or reliance on, any third-party site, content, product, or service, including any broker or exchange.

10.4. Third-party platform compliance. Where the Service references or tracks publicly available third-party content, we endeavor to do so in accordance with applicable third-party platform terms and law. Claims of copyright or other intellectual-property infringement are handled under the notice-and-takedown procedure set out in Section 11.

11. Copyright Policy and DMCA Notice-and-Takedown

11.1. Respect for intellectual property. We respect the intellectual-property rights of others and expect users to do the same. We respond to clear notices of alleged copyright infringement that comply with applicable law, including the U.S. Digital Millennium Copyright Act (DMCA), and we may remove or disable access to material that is alleged to be infringing.

11.2. Designated agent. Notices of claimed copyright infringement should be sent to our designated agent:

Designated Copyright Agent: HyperFX (owner of hyperfx.pro)
HyperFX
Email: support@hyperfx.pro
Address: HyperFX — owner of the domain hyperfx.pro (contact: support@hyperfx.pro)

11.3. Required elements of a takedown notice. To be effective, a takedown notice must be in writing and include substantially the following: (a) a physical or electronic signature of the copyright owner or a person authorized to act on its behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and that is to be removed, with information reasonably sufficient to locate it (such as the URL or specific location within the Service); (d) your contact information, including name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on its behalf.

11.4. Counter-notification. If you believe your material was removed or disabled by mistake or misidentification, you may send a counter-notification to our designated agent that includes substantially the following: (a) your physical or electronic signature; (b) identification of the material that has been removed or disabled and the location at which it appeared before removal; (c) a statement, made under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the courts in the jurisdiction in which the owner of hyperfx.pro is established (or, where you are located outside that jurisdiction, of an appropriate federal or otherwise competent court) and that you will accept service of process from the person who submitted the original notice or its agent. Upon receipt of a valid counter-notification, we may restore the removed material as permitted by applicable law.

11.5. Repeat-infringer policy. In appropriate circumstances and at our discretion, we will disable, suspend, or terminate the Accounts of users who are determined to be repeat infringers of intellectual-property rights.

11.6. Misrepresentation. Under the DMCA and similar laws, any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages.

12. Affiliate and Referral Links; Endorsement Disclosure

12.1. The Service may contain affiliate or referral links to third-party brokers, exchanges, or other services. When you sign up for or transact with such third parties through these links, we may earn a commission or referral fee, at no additional cost to you.

12.2. The presence of an affiliate or referral link, or the listing or ordering of any third party, does not constitute an endorsement, recommendation, or guarantee of that third party, and may be influenced by the compensation we receive. You should conduct your own independent due diligence before using any third party.

12.3. Material-connection and endorsement disclosure. Consistent with the U.S. Federal Trade Commission's (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising and similar consumer-protection rules, we disclose that we may have a material connection (such as a financial or commission-based relationship) with third parties whose products or services are linked, listed, mentioned, or referenced through the Service. Any testimonials, reviews, examples, or results presented are individual experiences, are not typical, are not verified, and are not a promise or guarantee that you will achieve the same or any similar result.

12.4. We are not responsible or liable for the conduct, security, fees, solvency, or any acts or omissions of any linked broker, exchange, or other third party, or for any loss you incur in dealing with them. Further details are set out in our Affiliate Disclosure, which is incorporated by reference.

13. Public Trader Observations and Historical Commentary

13.1. Public trader and Smart Money features may show timestamped public positions, transactions or other source observations. Display alone does not establish a complete account history, verified profit, cost basis or a win rate. Historical public statements may be retained as records; current public performance reporting is not published.

13.2. Coverage, source and verification limits must be read with each observation. Third-party data can be incomplete, delayed or wrong and is not an endorsement of a person or their statements. Following an address or alert does not authorize a trade, and an observation is not a recommendation to copy it.

14. Risk Warning (Crypto and Forex)

14.1. High risk. Trading and investing in crypto-assets and foreign exchange (forex) involve a substantial and high risk of loss and are not suitable for everyone. These activities are appropriate only for persons who fully understand the risks involved.

14.2. Loss of capital. A person engaging in such activity may lose some, all, or — where leverage or margin is involved — more than their initial capital. These markets are suitable only for capital a person can afford to lose entirely; HyperFX does not advise on whether, when, or how much you should trade or invest, and any such decision is yours alone.

14.3. Leverage and volatility. Leverage and margin amplify both gains and losses. Crypto markets in particular are highly volatile and prices can move sharply and rapidly against a position.

14.4. No guarantees; past performance. No representation is made that any information, AI Output, strategy, or tracked result will produce profits or avoid losses. Past, hypothetical, simulated, or back-tested performance does not indicate future results. Any hypothetical or simulated results have inherent limitations, including the benefit of hindsight and the absence of real money at risk. There are no "typical" results.

14.5. Funds at third parties. You should not assume that funds held at any third-party broker or exchange are insured or guaranteed against loss, misappropriation, hacking, or insolvency. HyperFX makes no representation about any third party's protections, safeguards, or arrangements.

14.6. Not exhaustive. This statement cannot disclose all of the risks of crypto and forex markets. You are solely responsible for evaluating the risks of any decision you make.

15. No Financial Advice (Important)

15.1. THE SERVICE PROVIDES INFORMATION, EDUCATION, AND TOOLS ONLY. IT DOES NOT PROVIDE FINANCIAL, INVESTMENT, TRADING, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE.

15.2. Nothing on or through the Service — including any Content, AI Output, chart analysis, journal feature, strategy or setup feed, or tracking of public traders — is, or should be construed as, advice, a recommendation, an inducement, or a solicitation or offer to buy, sell, hold, or transact in any asset, security, crypto-asset, currency, or financial product.

15.3. Not investment research, investment advice, or a financial promotion. No Content, AI Output, or feed is intended to be, and none should be relied upon as, "investment research," "investment advice," a "personal recommendation," an "inducement to engage in investment activity," or a "financial promotion" within the meaning of any applicable law or regulatory regime, including the rules of the UK Financial Conduct Authority (FCA) and the MiFID and MiCA frameworks in the EU. HyperFX does not solicit users in any particular country or region. You access the Service on your own initiative and remain responsible for determining whether access and use are lawful where you are located. The Service is not approved, issued, or reviewed by any regulated firm or financial authority.

15.4. No advisor-client or fiduciary relationship is created by using the Service. HyperFX does not represent itself as a licensed broker, exchange, custodian or investment adviser. Wallet-connected software can perform the user-authorized functions described in Section 4.7; this is distinct from custody or discretionary management of your trading assets. No regulatory authorization is claimed unless expressly identified in writing.

15.5. Nothing on the Service is tailored to your individual circumstances, objectives, financial situation, or needs.

15.6. You are solely responsible for your own decisions and for any consequences of those decisions. You should obtain independent advice from a qualified and, where applicable, licensed financial, legal, and tax professional before making any decision, and you must independently verify all information before relying on it.

15.7. Any testimonials, examples, or results shown are not typical, are not verified, and are not a promise or guarantee of any similar outcome.

16. Disclaimer of Warranties ("As Is")

16.1. THE SERVICE, ALL CONTENT, AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

16.2. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

16.3. Without limiting the above, we do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) any Content or AI Output will be accurate, reliable, complete, current, or fit for any purpose; (c) defects will be corrected; or (d) the Service is free of viruses or other harmful components.

16.4. No advice or information, whether oral or written, obtained from us or through the Service, creates any warranty not expressly stated in these Terms.

16.5. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, some of the above exclusions may not apply to you, and you may have additional rights under mandatory consumer-protection law that these Terms do not override.

17. Limitation of Liability

17.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HyperFX, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, TRADING OR INVESTMENT LOSSES, DATA, GOODWILL, OR BUSINESS, WHETHER OR NOT FORESEEABLE AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE, ANY CONTENT, OR ANY AI OUTPUT.

17.2. Without limiting the above, we are not liable for any loss arising from any decision you make, or action you take or refrain from taking, in reliance on the Service, any Content, any AI Output, or any third-party content, broker, or exchange.

17.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED USD UNITS (E.G., USD 100).

17.4. The limitations and exclusions in this Section apply to the maximum extent permitted by law and regardless of the basis of the claim. Some jurisdictions do not allow certain limitations or exclusions of liability, including for death or personal injury caused by negligence, fraud, or other liability that cannot lawfully be excluded; nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Where liability cannot be fully excluded, our liability is limited to the minimum extent permitted by law.

18. Indemnification

18.1. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless HyperFX and its affiliates and their respective directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law (including sanctions or export-control laws); (d) your infringement of any third-party right; or (e) any decision, transaction, or trade you make.

18.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us.

19. Suspension and Termination

19.1. By you. You may stop using the Service and may cancel your subscription or close your Account at any time, as described in Section 6 and our Refund Policy.

19.2. By us. We may suspend, restrict, or terminate your access to the Service or your Account, in whole or in part, with or without notice, if: (a) you breach or we reasonably believe you have breached these Terms or any applicable law; (b) your use creates risk or legal exposure for us or others; (c) we are required to do so by law, by sanctions or export-control obligations, or by a third-party provider (including our crypto payment processor); or (d) we discontinue the Service. We may also terminate for convenience on reasonable notice where permitted by law.

19.3. Effect of termination. On termination, your license and right to access the Service end. Subject to applicable law and our Refund Policy, fees already paid are non-refundable except where required by law. We may delete your Account and User Content after a reasonable period; where feasible and required, we will provide a reasonable window for you to export your User Content before deletion. Our handling of personal data on termination is described in our Privacy Policy.

19.4. Survival. Provisions that by their nature should survive termination will survive, including Sections 3.5–3.6 (sanctions and export), 8 (Intellectual Property), 9.3 (your warranties), 11–18, this Section 19.4, and Sections 22–28.

20. Modifications to the Service and to These Terms

20.1. Service. We may modify, suspend, or discontinue all or part of the Service at any time, with or without notice, and are not liable to you or any third party for doing so, subject to applicable law and our Refund Policy.

20.2. Terms. We may update these Terms from time to time. We will post the updated Terms with a revised "Effective date" and, for material changes, will provide reasonable notice (for example, by email or in-product notice) before they take effect. Your continued use of the Service after the updated Terms take effect constitutes acceptance. If you do not agree, you must stop using the Service and may cancel as described above.

21. Communications and Notices

21.1. You consent to receive communications from us electronically, including transactional and service-related messages. Marketing communications are subject to your consent where required and you may opt out at any time.

21.2. We may give notices to you via the email associated with your Account or by posting within the Service. You may send notices to us at support@hyperfx.pro.

22. Governing Law and Dispute Resolution

22.1. Governing law. These Terms and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes) are governed by the laws of the jurisdiction in which the owner of hyperfx.pro is established, without regard to its conflict-of-laws rules.

22.2. Venue. Subject to any mandatory rights you have as a consumer under the law of your country of residence, you and we agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction in which the owner of hyperfx.pro is established to resolve any dispute.

22.3. Informal resolution. Before commencing any formal proceeding, you agree to first contact us at support@hyperfx.pro and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

22.4. Consumer rights. Nothing in this Section deprives you of the protection of any mandatory provisions of consumer-protection law in your country of residence.

23. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it will be severed, and the remaining provisions will continue in full force and effect.

24. Waiver

No failure or delay by us in exercising any right under these Terms is a waiver of that right. Any waiver must be in writing to be effective and applies only to the specific instance.

25. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

26. Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility failures, third-party service or provider failures (including our crypto payment processor, blockchain networks, hosting, or data providers), cyberattacks, or market disruptions.

27. Entire Agreement; Order of Precedence; Language

27.1. Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, Risk Disclosure, Affiliate Disclosure, and any feature-specific terms, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject.

27.2. Precedence. In the event of a conflict between these Terms and a document incorporated by reference, these Terms control unless the other document expressly states otherwise.

27.3. Language. These Terms may be made available in multiple languages (including English, Russian, and Spanish). In the event of any conflict or inconsistency between language versions, the English version prevails, except where mandatory local law requires otherwise.

28. Contact

If you have any questions about these Terms, please contact us at:

HyperFX
Email: support@hyperfx.pro
Website: https://hyperfx.pro
Address: HyperFX — owner of the domain hyperfx.pro (contact: support@hyperfx.pro)

By using the Service, you acknowledge that you have read and understood these Terms, including the Sanctions and Export Compliance provisions (Section 3), the Risk Warning (Section 14), the No Financial Advice clause (Section 15), the Disclaimer of Warranties (Section 16), and the Limitation of Liability (Section 17).