HYPERFUND SERVICE AGREEMENT

SERVICE AGREEMENT

 

This Agreement is entered into between you (hereinafter referred to as “Member”) and HyperFund and HyperTech Group (hereinafter referred to as “Vendor”). By accessing, downloading, using or clicking on “I agree” to accept any Services provided by Vendor (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in this Agreement. This Agreement comprises this Service Agreement and incorporates by reference the attached Code of Conduct and Social Media Guidelines, all of which together comprise this Agreement (hereinafter referred to as “Agreement”).

Vendor has agreed to provide services to the Member on the terms and conditions set out in this Agreement, and Member considers that the Vendor has the proper and necessary qualifications, experience and abilities to provide services to Member.

Therefore, in consideration of the matters described above, the receipt and sufficiency of which consideration is hereby acknowledged, the Member and the Vendor agree as follows:

1. Scope of Work

The Vendor is to provide the Member with the following services (the “Services”):

1. The Member may apply for an account through the Vendor’s website and the Vendor will accept such an application creating the “Trading Account”, under the following terms: (i) the Vendor has received confirmation that the Member has agreed to enter into this Agreement (such confirmation can be made by clicking “Sign Up” button or link on the Vendor’s website (the “Website”), followed by a completed application form (if applicable) and all other Member information, the provision of which may be required by the Vendor. The Member confirms that member’s information is full, accurate and complete. If there is a change in the information provided by the Member, the Member must notify the Vendor immediately. Through the acquisition of a membership via the Member’s computer or Internet compatible devices for the Member’s personal/internal purposes, the Member shall be granted a membership which is revocable, limited, non-exclusive and non-transferable (other than as a result of the death of the member and any relevant will or probate processes in the member’s country). The Member will not transfer, assign, or enable others to make any use of the license, and/or give the Member’s access codes to anyone. Any damage caused to the member, the Vendor and any third party due to breach of this Agreement by the Member, shall be under the Vendor’s sole responsibility.

2. The Member authorizes the Vendor to rely and act on any order, request, instruction or other communication given or made (or purporting to be given or made) by the Member or any person authorized on the Vendor’s behalf, without further inquiry on the part of the Vendor as to the authenticity, genuineness authority or identity of the person giving or purporting to give such order, request, instruction or other communication. The Member will be responsible for and will be bound by all obligations entered into or assumed by the Vendor on behalf of the Member in consequence of or in connection with such orders, requests, instructions or other communication. The Vendor reserves the right, but is not obligated to the following: to set, at its absolute discretion, limits and/or parameters to control the Member’s ability to place orders or to restrict the terms on which a Transaction may be made. Such limits and/or parameters may be amended, increased, decreased, removed or added to by the Vendor.

3. Vendor will provide educational resources such as text, graphics, photos, audio and video files, virtual live training, and documents for the Member. The educational resources provided shall be subject to availability, and shall focus primarily on cryptocurrency and blockchain education, terminologies and concepts, and the Member is expressly prohibited to use these resources for resale or commercial purposes. Beginner resources begin at the 300 HU membership level, Intermediate resources begin at the 2000 HU membership level, and Advanced resources begin at the 5000 HU membership level.

4. Provided that Member constantly complies with the express terms and conditions stated in this Agreement, Member shall receive rewards (hereinafter known as “HU”) from the Vendor on a periodic basis. The expected Rewards are estimated to be between 0.3% and 1% (as determined by Vendor in its sole discretion) of the Member’s membership amount in HU, equivalent to USDT, per 24-hour period, to commence the day following membership acquisition. Memberships begin at a minimum of 300 HU, as exchanged from Member’s 300 USDT, and come in increments of 300, 2000 and 5000 HU and multiples therefore. As rewards are earned, they may be left on account, redeemed, or they may be used to reinvest up to additional membership, known as a “rebuy”. This will enable the Member to accumulate Rewards, acquire additional memberships at their discretion, or to redeem specified cryptocurrency tokens or vouchers through the Vendor’s platform, or other third-party platforms as may be designated by the Vendor in its sole discretion.

5. When Member decides to redeem rewards with cryptocurrency tokens through Vendor’s platform, Member recognizes that with Vendor allowing Member to redeem rewards for designated tokens that Vendor may determine which such tokens shall be available and how they may be offered to Members. The decision of which tokens and for how long they will be offered for redemption of HU for tokens shall be at the sole discretion of Vendor. Redemption of HU rewards to tokens shall be based on the external market price recorded in the HyperFund system for that cryptocurrency compared to USDT. Vendor and Member recognize that cryptocurrency tokens are subject to significant price fluctuations due to market unpredictability. Member recognizes that token prices may rise or fall from time of redemption to the Member’s own exchange of that token on the Member’s chosen external exchange. HyperFund does not bear any liability or responsibility for the price fluctuation of the released tokens. 

6. At the sole discretion of the Vendor, the Vendor may introduce to the Member access to additional services beyond the education and membership rewards offered by HyperFund, including other products and services of the HyperFund or HyperTech Group or other third-party platforms which may include discounted pricing, preferential rates, and non-discounted access to other platforms. Member understands and agrees that these optional services are not a part of the membership, other than the membership includes awareness of such optional services. Member agrees that Vendor in this respect is merely providing introductions, and Vendor is not recommending any or all such optional products or services. Member understands and agree that Member’s decision to proceed with such products and services is Member’s own discretional decision and Member should have acquired independent professional advice in relation to the same. Vendor’s introduction of these optional products or services to the Member is conditional upon Member satisfying all terms and conditions of those third parties, and Vendor makes no guarantee that Member can qualify. There is no guarantee that this type of introduction by the Vendor will be automatically supplied to the Member, and Member acknowledges that such services may require additional KYC, disclosures, applications and other requirements, and also may not be available in all countries. Member also agrees that one member’s acceptance or rejection for additional services is not an affirmation or indication that Member may likewise be accepted. 

2. Terms of Service  

Subject to the terms of this Agreement, these terms and conditions will remain in full force and effect until the completion of the Services.

 1. Acquiring a Membership.

The Member shall acquire cryptocurrency on their own exchange or wallet and transfer the said cryptocurrency to the Member's own cryptocurrency wallet address inside the HyperFund back office as provided by the Vendor for the purpose of exchanging it for HU. The cryptocurrency shall be chosen by Vendor in its sole discretion. Vendor is not in the exchange or wallet business nor in the business of providing financial guidance or advice in any way, nor is Vendor in the business of providing specific training or support regarding specific exchanges or wallets the Member may use to acquire their own cryptocurrency in their country.

2. Member Services.

- Vendor shall make available the education and instructional content for Member to understand and execute operations as required to accomplish the Member's aims from the membership.

- Vendor shall issue a receipt based on the membership acquired by the Member. Receipt shall be sent to the Member’s email address of record.

- Vendor shall generate Rewards for the Member in the amount of HU from 1.5X to 4X (as determined by Vendor in its sole discretion) of the Membership level acquired by the Member, depending on the membership package the Member acquires and the amount of HU acquired by the Member.

3. Limits of Membership.

Member understands that the cryptocurrency exchanged for HU is the exclusive property of the Vendor, and Member is only entitled to the membership and has no further entitlement to the original cryptocurrency exchanged for HU.

4. Vendor’s Best Efforts.

The Membership is on a best effort basis and, like any project, there is a risk of loss of all funds and rewards. The world of cryptocurrencies is highly volatile, can involve risk of loss, and may not be suitable for all persons. Risks include but are not limited to: market risks, system risks, cybersecurity, transaction processing risks, regulatory risks, trading risks, risks or mistakes made by yourself, business failure, and others. Opinions, market data and recommendations are subject to change without notice. Past results are not indicative nor a guarantee of future performance. There is no recommendation by Vendor to acquire any membership, product or service. Members make their own decisions, based on Member's own due diligence. Vendor recommends each Member seek the advice of a suitably qualified professional before deciding, if Member is unsure.

5. Arbitrage/cancellation of orders and transactions

The Vendor does not allow actions or non-actions by the Member or any person authorized on the Member’s behalf based on arbitrary calculations or other methods that are based on exploitation of different systems or platforms malfunction, delay, error etc. The Vendor is entitled, by its own discretion, to cancel any transaction that has been executed due or in connection with an error, system malfunction, breach of the Agreement by Member etc. The Vendor’s records will serve as decisive evidence to the correct quotes of the world capital markets and the incorrect quotes given to the Member; The Vendor is entitled to correct or cancel any trade based on or according to.

Repayment of any funds by the Vendor to the Member will be in the same currency and to the same wallet from which the funds were originally transferred, unless the Vendor has decided, by its own discretion, to return the funds to a different Member’s wallet address.

6. Eligibility.

By registering to use a HyperFund Account, Member represents and warrants that (i) as an individual, Member is at least 18 or is of legal age to form a binding contract under applicable laws; (ii) as an individual, or legal person, Member has full legal capacity and sufficient authorizations to enter into these Terms; (iii) Member takes responsibility and has determined that the acquisition of this membership is lawful in the country or territory in which the Member resides, and holds Vendor harmless for its decision to acquire this membership; (iv) Member has not been previously suspended or removed by Vendor for cause; (v) Member’s use of Vendor’s Services will not violate any and all laws and regulations applicable to Member; (vi) Member warrants that they have not and will not accept fiat currency for the purpose of providing USDT to someone else’s membership account; (vii) if at any time Vendor discovers that Member is in violation of AML/CTF or other applicable laws, access to membership Rewards account may be restricted or blocked indefinitely or terminated, and Member may be reported for both criminal and civil penalties.

7. Withdrawals.

The Member will have no claim against the Vendor and will not hold the Vendor responsible for any delay and/or differences originating from credit companies, banks or other financial institutions, rates calculation and/or commission and/or any other debit.

In the case of the Member giving an instruction to withdraw funds from their Trading Account, the Vendor shall pay the specified amount (css any transfer charges, if applicable) once an instruction has been accepted and if at the moment of payment, the Member’s margin requirements have been met. The withdrawal procedure takes 4 hours to 7 business days once Member’s documentation has been submitted and approved. The Vendor may cancel the Member’s withdrawal order, if, as per the Vendor’s discretion, the remaining funds (after withdrawal) are not sufficient to secure open Position(s) in the Trading Account.

The Vendor does not charge brokerage fees or commission for executing trades.

8. No Advice.

- The Member represents that it has been solely responsible for making their own independent appraisal and investigation into the risks of any Transaction. The Member represents that they have sufficient knowledge, market sophistication and experience to make their own evaluation of the merits and risks of any Transaction. The Vendor does not advise its Members in regards to the expected profitability of any Transaction, and any tax or other consequences. The Members acknowledges that they have read and understood the Risk Disclosure Document which sets out the nature and risks of Transactions to which this Agreement relates.

- Where the Vendor does provide market commentary or other information: (a) this is incidental to the Member’s relationship with the Vendor. (b) it is provided solely to enable the Member to make their own investment decisions.

- The Member acknowledges that the Vendor shall not, in the absence of fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Member arising from any inaccuracy or mistake in any information given to the Member.

- The Vendor is under no obligation to assess the appropriateness of any Transaction for a Member, to assess whether or not the Member has the necessary knowledge and experience to understand the nature of and risks associated with Transactions. All risks related to the above are under the sole responsibility of the Member.

- Any tax applying to the Member and/or resulting from the Member’s trading activity, including trading profits and/or trading losses and/or any charges and/or deductions, shall be under the Member’s full and sole responsibility. The Member shall personally report and pay any personal, federal, state and local tax liability s/he is obligated to, if applicable. The Vendor serves as a mediator only and does not collect deduct, pay or withhold tax from the Member. The Vendor reserves the right, if ordered by an official entity, to deduct tax from the Member and deliver it to the proper tax authority as ordered by the official entity.

9. Know Your Customer (KYC) Requirements.

At the exclusive discretion of the Vendor, Member may be required to provide KYC information to the Vendor including but not limited to passport or national identity, photograph, date of birth, or other forms of identification. Member may also be required to provide information related to the source of the cryptocurrency used to exchange for the HU used to acquire the membership. Member also understands that optional services may and often do include separate KYC information and additional details.  

10. Recourse

The acquisition of a membership from the Vendor shall be with full acknowledgement that Vendor’s activities are on a best-efforts basis and past performance is not a guarantee of future performance. Member understands that Vendor’s blockchain activities include multiple sources of revenue, historically generating in excess of the minimum of 0.3% per day per membership Rewards expected by Member. In the event that such activities by the Vendor fail to produce the minimum of 0.3% per day per membership Rewards expected by Member, the Vendor will ensure membership Rewards expectations are met by liquidating digital portfolios of the Vendor in excess of 100,000,000 USD as and when Vendor deems it necessary to meet such shortfall.

11. Independent Member.

Each party is acting independently under this Agreement. There is no employer / employee relationship. The parties agree that this Agreement does not create a joint venture or a partnership between them.

12. THE SERVICES OF THE VENDOR ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND THE VENDOR MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE VENDOR DOES NOT WARRANT THAT ANY AFFILIATED SOFTWARE, SERVICES OR COMMUNICATION THAT MAY BE OFFERED OR USED BY THE MEMBER SHALL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE VENDOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM TRADING OR THE USE OF THE VENDOR’S SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

13. Notice.

All Vendor notices or updates or requests pertinent to the terms of this Agreement, including any required revisions, and/or enforcement action will be given in writing and delivered to the Member electronically via email address registered with Vendor or in the back office of the Vendor’s membership site, or both, at Vendor’s discretion. A general notice in the Vendor’s back office as provided to each member is considered as a personal notice to the Member. All of Member’s notices or requests or responses to the Vendor will be given in writing in English, and delivered to Vendor at admin@hyperfund-investments.com.

14. Time is of the Essence.

No extension or variation of this Agreement will operate as a waiver of this provision. Time is of the essence in this Agreement.

15. Non-Refundable.

Member understands that once cryptocurrency has been sent to their Member wallet address provided by Vendor, and exchanged for HU, no refund is possible. Membership Rewards will be earned in accordance with this Agreement. Deposit of USDT to Member’s wallet address provided by Vendor is acknowledgement of the nonreversible nature of that exchange and cannot be reversed.

16. Integration.

This Agreement contains the entire Agreement and understanding by and between the Member and the Vendor and no representations, warranties, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect.

 17. Choice of Law.

This Agreement and the performance under this Agreement and all suits and special proceedings under this Agreement, shall be held and construed in accordance with and governed by the laws and regulations of the United States. If you are located outside of the United States, you use or access the Site solely at your own risk and initiative. The content, material and information contained on the Site do not constitute an offer or solicitation and may not be treated as an offer or solicitation (i) in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation: (iii) if the person making the offer or solicitation is not qualified to do so. The securities offered on this Site can be marketed only in certain jurisdictions. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. This Site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this site available to you. You should satisfy yourself before accessing the Site that we would be allowed to advertise investment products to you under the law of the jurisdiction in which you reside. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction, including the one in which you reside.

18. Assignability and Severability.

Vendor may revise its corporate structure from time to time, and at its own sole and exclusive discretion assign the performance and fulfilment of some or all of the Services under this Agreement to another company under this group, whether education, rewards or otherwise. If Member is unhappy with such changes, Member may simply cease doing any rebuys and cease to be a member following the receipt of its last membership reward under this Agreement.  

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.

 3. CODE OF CONDUCT:

   This Code of Conduct is an integral part of this Service Agreement, and Member understands that any breach of this Code of Conduct is considered as a breach of this Service Agreement and can result in disciplinary action or even termination.

  As a member of the HyperCommunity and as a user of the HyperFund membership platform who is sharing the benefits of the Vendor’s growth, there are some standards that the Member must uphold as a member of the platform and community. The HyperTech Group, including HyperFund, has a commitment to innovate the blockchain industry, build great products and services, and attract loyal users. Respect for our users, for the opportunity, and for each other are foundational components to our success, and this is something we need to support every day.

Who Must Follow Our Code?

All members of the HyperCommunity who have either acquired an initial membership or a rebuy must follow this Code of Conduct.

Integrity

Our reputation as a conglomerate of companies that people can trust is by far our most valuable asset. It is up to the community and our team to ensure that we continually earn that trust. If there is any suspicion of wrongdoing amongst our community members such as poaching members, defamation, fraud or deception, money laundering, stacking of memberships to capture accelerated rewards to the detriment of the sponsor tree, abuse or other acts that violate laws or violation of best practices in the community toward our members and corporate team, we call upon the community members to inform the Vendor to help us uphold the highest integrity. If any such wrongdoing exists, and the Member has failed to maintain integrity, Member may have their account restricted until such activity is investigated and rectified.

Competition

For those who are building a community or inviting other members to the opportunity, it is absolutely forbidden to pose as the Vendor or to use any of the Vendor’s trademarked or copyrighted marketing materials, logos, or support channels to promote other businesses or to use any of the Vendor’s trademarked or copyrighted marketing materials or logos in unapproved marketing efforts without express permission from Vendor. Member understands and agrees that it will never use the HyperFund trademark or copyrighted materials, logos or other materials.

Anyone found in violation of the above will receive one warning and any subsequent offenses may result in a permanent ban from the Vendor’s support channels and membership and/or appropriate legal action, depending on the severity of the offense.

Abuse or Misuse of the Referral Rewards Plan / Multiple Personal Accounts

For those who are building a community and seeking to rise in the ranks of HyperFund, it must be clearly understood that the ranks of Expert, Professional, and VIP1-5 are accelerated rewards for building the Community. It is an abuse of the rewards plan to use your own multiple accounts to qualify for any of these ranks from the Vendor. Such use of your own accounts clearly is not building the Community, and Member can have no legitimate expectation of receiving Community building rewards for activity that is not actually community-building. It is also a clear standard in the networking community that if a member stacks multiple accounts beneath that member that are only theirs, they are earning rewards on themselves and they are depriving those above their original position of rewards that should be going to those uplines as accelerated rewards. It must be understood that anyone abusing the rewards plan with multiple accounts, either for the purpose of qualifying for rank in whole or in part, or stacking multiple memberships under their original membership, is violating this Code of Conduct and Service Agreement and any additional financial benefits should be returned to the Vendor. Also, multiple positions will be collapsed into a single original position owned by Member.

Defamation

Our community members who are actively benefiting from the HyperFund platform are to uphold the Code of Conduct and are forbidden from publicly sharing any misleading or defamatory remarks about HyperFund, or any other companies/platforms owned by the HyperTech Group. This constitutes fair warning to all of our active and paid members.

Anyone found in violation of the above will receive one warning and a temporary account suspension for 1 week. A repeat offense will result in account termination without warning.

Anti-money Laundering and Counter-terrorism Financing (AML/CTF)

By entering into the Privacy Policy and Service Agreement, Member undertakes that Member will not knowingly do anything to put Vendor in breach of any law in relation to Anti-Money Laundering and Counter-Terrorism Financing (“AML/CTF Laws”), including, but not limited to: acting as a money broker or related criminal activities, fake deposits, taking “fees” for helping prospective members become a member, or accepting fiat currency from individuals with whom you have no prior relationship. In no case should you accept fiat currency in exchange for USDT or other cryptocurrency, even for someone with whom you have a close family or personal relationship, in excess of the equivalent of 1,000 USDT without getting specific approval in advance from the HyperFund Office of Compliance, which will not approve the same without full KYC and proof of source of funds. Member undertakes to notify Vendor if you are aware of anything that would put Vendor or Member in breach of the AML/CTF Laws. Likewise, if Member has been asked by a sponsoring member to make payments to that sponsoring member, that person should be reported to the HyperFund Office of Compliance. Additionally, from time to time, Vendor may require further information and/or documentation to assist with this process.

Account Suspension and Termination

For the avoidance of doubt, if an account is suspended, it will mean that the Member will not be able to withdraw or to make rebuys under the current plan.

If an account is terminated, it will mean that the Member’s conduct has breached this Agreement, and all unaccrued benefits of membership, including any remaining payment of membership rewards, will be forfeited by the Member.

Conclusion

We at the HyperFund and the HyperTech Group rely on our Community’s and our corporate team’s good judgment to uphold a high standard of integrity for ourselves and for the Vendor. We expect all of our corporate team and our Community members to follow the Code of Conduct to the letter. We do understand that sometimes, doing the right thing is not an easy call, so if you are unsure of what to do or need some guidance, please do not hesitate to consult our Community members or the management team for more clarity. The Compliance Office is also available for advice and questions.

SOCIAL MEDIA GUIDELINES FOR COMMUNITY BUILDERS:

These Social Media Guidelines are an integral part of this Service Agreement, and Member understands that any breach of these Social Media Guidelines is considered a breach of this Service Agreement and can result in disciplinary action or even termination.

We at HyperFund and the HyperTech Group are committed to ensuring our community builders are successful and providing the resources they need. When joining our community as a community builder, it is absolutely imperative to ensure that everything you are saying on social media is accurate and properly represents HyperFund and the HyperTech Group.

To that effect, we have created these simple guidelines for everyone to help you and every member to grow the community effectively and in a compliant manner.

DO:

-Share your referral link or company-provided website with your social media contacts in private messages ONLY;

-Refer to our official channels for message guidance;

-Invite your social media contacts privately to our approved Corporate Presentations;

-Answer legitimate questions (provided you know the answer) using the correct terminology for the HyperFund membership;  

-Utilize your referrer or an Expert or above rank in your line of referral in HyperFund to answer questions.

-Refer to official guidance if you are in any way unsure;

-Direct people to official HyperCommunity channels, presentations and FAQs if required.

-Study the Vendor’s official presentations and use official materials and the precise language approved by the Vendor to describe the Vendor and the associated companies of the Group.

 DO NOT:

-Make any public presentations without first being approved by the Office of Compliance of the Vendor, and only by using Vendor’s pre-approved Standard Presentation materials.

-Impersonate the HyperTech Group, HyperCommunity or HyperFund trademark, name, logo or other official representations;  

-Use the Vendor’s brand or logo in profile imagery (without explicit written permission from Vendor);

-Use the Vendor’s brand, name or logo on personal social media accounts, personal web domains, OR hosted group chats (without explicit written permission from Vendor);

-Post or make income claims of any kind;  

-Allow abusive or defamatory comments on your posts;

-Post misleading or inaccurate information;  

-Post defamatory comments about HyperFund, HyperCommunity, HyperTech Group,

HyperMining, HyperPay, Blockchain Global, Collinstar Capital, or parts of the HyperTech Group, or Vendor’s Community members;  

-Promote products from a rival organization to known affiliate partners;

Please take action as soon as possible if necessary.

The publication of this Agreement constitutes fair warning to all HyperFund Community Builders who are in current violation of these guidelines. Member must take immediate action to rectify any shortcomings or violations.

Anyone found in violation of these rules relating to Social Media by our Compliance team or other affiliates may be subject to warning and subsequent termination or blacklist upon repeat violations.

 Now that you know what to do and what not to do, it’s time to get out there and use social media in a clean and effective way to help us build the world’s strongest blockchain community.

*****  

All of the above Service Agreement, Code of Conduct, and Social Media Guidelines comprise the Agreement, effective as stated.