Terms & Conditions

Last Updated: May 15, 2024

Introduction

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the website https://hyperliquid.dev (the "Website") and services (collectively, the "Services") operated by HyperLiquid Developer Company ("we", "us", or "our").

Please read these Terms carefully before using our Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services.

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Services.

1. Use of Services

1.1 Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use our Services, and we reserve the right to change our eligibility criteria at any time.

1.2 Account Creation

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

1.3 Use Restrictions

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

  • In any way that violates any applicable local, national, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

2. Intellectual Property

2.1 Our Intellectual Property

The Services and their original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of HyperLiquid Developer Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HyperLiquid Developer Company.

2.2 User Content

You retain any and all of your rights to any content you submit, post, or display on or through the Services ("User Content"), and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Services. However, by posting User Content using the Services, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services.

You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

3. Service-Specific Terms

3.1 Blockchain Development Services

For clients engaging our blockchain development services:

  • Project Scope: The scope of work will be defined in a separate service agreement or statement of work. Any work outside this scope may require additional fees and a separate agreement.
  • Delivery Timeline: While we strive to meet all deadlines, blockchain development involves complex technological challenges that may affect timelines. We will communicate any potential delays promptly.
  • Code Ownership: Unless otherwise specified in a separate agreement, clients will own the custom code developed specifically for their project after full payment. However, we retain ownership of pre-existing code, frameworks, and tools used in development.
  • Third-party Services: Our development may utilize third-party services, libraries, or protocols. We cannot guarantee the continued availability or functionality of these third-party components.

3.2 Smart Contract Auditing

For clients engaging our smart contract auditing services:

  • Audit Limitations: Our audits aim to identify security vulnerabilities and code issues, but we cannot guarantee the discovery of all possible vulnerabilities or that the code is error-free.
  • Report Usage: Audit reports may be used by the client for their internal purposes. Public sharing of complete audit reports requires our written permission.
  • Code Changes: Our audit applies only to the specific version of code provided. Changes to the code after the audit may introduce new vulnerabilities.

3.3 Consultation Services

For clients engaging our consultation services:

  • Nature of Advice: Our consultations provide professional opinions and recommendations but do not constitute legal, financial, or investment advice.
  • Implementation: We are not responsible for the implementation of recommendations unless specifically engaged for implementation services.
  • Confidentiality: Information shared during consultations is subject to our confidentiality provisions in Section 6.

4. Payment Terms

4.1 Fees and Payment

Payment terms for our Services will be specified in separate service agreements or proposals provided to clients. Unless otherwise stated:

  • All fees are quoted in British Pounds (GBP) or United States Dollars (USD) as specified in the agreement.
  • For project-based work, we typically require a deposit before commencing work, with remaining payments due according to the payment schedule in the agreement.
  • For ongoing services, payment is typically due monthly in advance.
  • Invoices are payable within 14 days of issuance unless otherwise specified.

4.2 Late Payments

Late payments may incur interest at a rate of 1.5% per month (or the maximum rate permitted by law, if less). If payment is not received according to the agreed-upon schedule, we reserve the right to suspend services until payment is received.

4.3 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, and value-added taxes related to your purchase of our Services.

5. Termination

5.1 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

5.2 Termination of Service Agreements

Termination of specific service agreements will be governed by the terms specified in those agreements. Generally:

  • Either party may terminate with written notice if the other party materially breaches the agreement and fails to cure such breach within 30 days.
  • Early termination by the client may require payment of fees for work completed and a percentage of the remaining contract value as specified in the service agreement.
  • Upon termination, we will deliver all completed work for which payment has been received.

6. Confidentiality

"Confidential Information" means all non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

The Receiving Party agrees to:

  • Use the Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms or related service agreements.
  • Protect the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as it uses to protect its own confidential information, but in no event less than reasonable care.
  • Not disclose Confidential Information to any third party except with the Disclosing Party's prior written consent or as permitted under these Terms.

These confidentiality obligations do not apply to information that:

  • Is or becomes publicly available without breach of these Terms.
  • Was known to the Receiving Party prior to its disclosure by the Disclosing Party.
  • Was independently developed by the Receiving Party without access to or use of the Confidential Information.
  • Is rightfully received from a third party without a duty of confidentiality.
  • Is required to be disclosed by law, provided the Receiving Party gives the Disclosing Party advance notice (if legally permissible) and reasonable assistance to contest the disclosure.

7. Disclaimers

7.1 "As Is" and "As Available" Basis

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 No Guarantees

We make no warranty that:

  • The Services will meet your requirements.
  • The Services will be uninterrupted, timely, secure, or error-free.
  • The results that may be obtained from the use of the Services will be accurate or reliable.
  • The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

7.3 Blockchain Technology Risks

You acknowledge that blockchain technology and cryptocurrencies involve significant risks, including but not limited to:

  • Regulatory uncertainty and potential adverse regulatory actions.
  • Technical vulnerabilities inherent in blockchain protocols.
  • Market volatility and potential financial loss.
  • Security breaches despite reasonable security measures.

We cannot and do not guarantee the performance, security, or future viability of any blockchain networks, protocols, or cryptocurrencies involved in our Services.

8. Limitation of Liability

In no event shall HyperLiquid Developer Company, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services.
  • Any conduct or content of any third party on the Services.
  • Any content obtained from the Services.
  • Unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for any claim arising from or relating to these Terms or our Services, regardless of the form of the action, shall be limited to the amount paid by you to us during the six (6) month period preceding such claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless HyperLiquid Developer Company, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms.
  • Your use of the Services.
  • Your User Content.
  • Your violation of any rights of a third party.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause.

  • The number of arbitrators shall be one.
  • The seat, or legal place, of arbitration shall be London, United Kingdom.
  • The language to be used in the arbitral proceedings shall be English.

Notwithstanding the foregoing, we reserve the right to bring proceedings in the courts of any appropriate jurisdiction for injunctive or other equitable relief.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date at the top of these Terms.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new terms, please stop using the Services.

12. Contact Us

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

  • By email: [email protected]
  • By phone: +449969969243
  • By mail: Flat 92q Wayne Spur North Yasmine, ST16 3AP, United Kingdom