Terms of Service

Terms of Service for Hypermax

Last Updated: August 2025

These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "User") and the entity or entities responsible for deploying and maintaining the Hypermax protocol (collectively, "Hypermax," "we," "us," or "our"). These Terms govern your access to and use of the Hypermax protocol, websites, smart contracts, documentation, and associated decentralized technologies (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN FULL, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES.

Article 1. Purpose and Scope of the Agreement

1.1 These Terms govern your access to and interaction with the decentralized financial infrastructure made available by Hypermax, including but not limited to:

  • (i) SmartETFs;

  • (ii) Funding Rate ETFs;

  • (iii) Convertible Debt Tokens (CDTs);

  • (iv) HMX governance token and associated veHMX locking mechanisms;

  • (v) permissioned issuance and redemption systems; and

  • (vi) all interfaces facilitating interaction with smart contracts deployed primarily on the HyperEVM network.

1.2 Hypermax is a software protocol and infrastructure provider. It does not act as a broker-dealer, exchange, custodian, investment adviser, or financial institution. The Services are limited to the deployment and maintenance of decentralized applications and associated interfaces that facilitate self-directed user interactions with autonomous smart contracts.

1.3 Nothing in these Terms or in your use of the Services constitutes a solicitation, recommendation, endorsement, or offer by Hypermax to buy or sell any securities or other financial instruments. Hypermax does not provide legal, financial, tax, or investment advice, and no communication or information provided via the Services shall be construed as such.

Article 2. Definitions

User: Any natural person, legal entity, or other party that accesses, interacts with, or utilizes the Services. Services: Includes, but is not limited to, the Hypermax smart contracts, front-end applications (e.g., https://hypermax.ai, https://app.hypermax.ai), APIs, documentation, and all technical components and user interfaces affiliated with the protocol. SmartETFs: Onchain ETFs that issue tradable share tokens representing exposure to predefined, automated investment strategies. Funding Rate ETFs: Onchain, non-rebasing bearer tokens representing diversified exposure to perpetual funding yields across major assets. HMX: The native token of Hypermax, designed as levered beta to HYPE and convertible into veHMX for governance rights. Convertible Debt Tokens (CDTs): Onchain bearer tokens replicating convertible bond dynamics, with structured downside protection and conversion terms into HMX. Wallet: A self-custodial software tool allowing users to interface with blockchains by signing cryptographic messages and transactions.

Article 3. Nature of the Services

3.1 Decentralized Architecture: The Services are deployed via immutable smart contracts on public, permissionless blockchains. Hypermax does not control or interfere with smart contract execution once deployed.

3.2 Interface Functionality: Hypermax provides web-based frontends that facilitate user interaction with deployed smart contracts. These interfaces are non-custodial and do not perform execution, matching, or discretionary operations on behalf of users.

3.3 KYC-Gated Issuance/Redemption: While SmartETF, Funding Rate ETF, HMX, and CDT tokens are freely tradable bearer assets onchain, only wallet addresses that have completed Know-Your-Customer (KYC) and Anti-Money Laundering (AML) procedures and have been added to an onchain allowlist may participate in issuance and redemption of such tokens.

3.4 Freely Tradable Tokens: Once minted, SmartETF, Funding Rate ETF, HMX, and CDT tokens are transferable onchain without restriction. Hypermax does not control or limit peer-to-peer transfers of these bearer assets.

3.5 Non-Custodial Design: Users retain full control over their private keys and wallet interactions. Hypermax has no access to or control over any user-held digital assets.

3.6 No Solicitation or Promotion: Hypermax does not advertise, solicit, or recommend the use of SmartETFs, Funding Rate ETFs, HMX, or CDTs as financial or investment products. Use of the Services is initiated solely at the discretion of the User.

Article 4. Eligibility and Sanctions Compliance

4.1 You may not use the Services if you are a citizen or resident of a jurisdiction subject to comprehensive sanctions by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), including but not limited to: Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, Donetsk People’s Republic (DNR), and Luhansk People’s Republic (LNR).

4.2 The Company reserves the right to restrict access to the Services through measures including IP address geofencing, wallet address screening, and geolocation filtering in order to comply with applicable law and internal risk controls.

Article 5. Wallets, Access, and Authentication

5.1 Use of the Services requires a blockchain-compatible, self-custodial wallet. The Company does not store passwords, private keys, or seed phrases. Users bear sole responsibility for safeguarding access to their wallets.

5.2 The Company is not responsible for any loss, theft, or compromise of digital assets resulting from wallet mismanagement, phishing attacks, malware, or other security breaches.

Article 6. Fees and Costs

6.1 The Services may involve transaction fees, including but not limited to: (i) Blockchain network gas fees; (ii) Protocol-level performance or management fees as encoded in smart contracts; (iii) Fees imposed by third-party wallet providers.

6.2 All such fees are non-refundable, and the User assumes full responsibility for understanding and paying any and all applicable fees.

Article 7. Assumption of Risk

7.1 By using the Services, you acknowledge and agree that:

  • Blockchain-based applications are experimental and subject to significant technological, regulatory, and market risks;

  • Token values may be volatile and subject to complete loss;

  • Smart contract failures, exploits, forks, or other protocol risks may result in irreversible loss of funds;

  • You are solely responsible for ensuring that your use of the Services complies with applicable law.

7.2 The Company makes no representation or warranty as to the accuracy, reliability, or future performance of any asset, token, or yield strategy accessed through the Services.

Article 8. Disclaimers

8.1 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 The Company is not a registered broker-dealer, investment adviser, exchange, or bank. No materials provided through the Interface constitute financial advice.

Article 9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

9.2 THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED USD $100.

Article 10. Intellectual Property

10.1 All trademarks, content, designs, and documentation associated with the Services are the proprietary property of the Company or its licensors. Unauthorized use, reproduction, or distribution is strictly prohibited.

10.2 You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for their intended purpose.

Article 11. Modifications and Termination

11.1 The Company may revise these Terms at any time by posting an updated version on its Website. Continued use of the Services after such updates constitutes acceptance of the revised Terms.

11.2 The Company reserves the right to suspend or terminate access to the Services in the event of violations of these Terms, applicable law, or security concerns.

Article 12. Governing Law and Jurisdiction

12.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea.

12.2 Any dispute or claim arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the Seoul Central District Court.

Article 13. Severability

13.1 If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from the Terms and shall not affect the validity or enforceability of any remaining provisions.

PreviousCommunity Channels

Last updated