1. Introduction

These terms and conditions (these “Terms”) constitute a binding legal agreement between each individual, entity, group or association (“Users”, “You”) who views, interacts, links to or otherwise uses or derives any benefit from https://hyperlend.finance (the “Site”, “Website” or the “Interface”) and Hyperlend Inc (the owner/operator of the Site) and each of its successors and assigns (the “Site Operator”, “HyperLend”, “We”, “Our” or “Us”).

The Interface provides access to a permissionless lending protocol (“Protocol”) on the public and distributed blockchain Hyperliquid (the “Blockchain”), that allows users to transact using smart contracts (“Smart Contracts”). The Interface is one, but not the exclusive, means of accessing the Protocol.

Please read these Terms carefully before using the Interface. These Terms apply to any person accessing the Interface and by using the Interface you agree to be bound by them. If you do not want to be bound by them, you should not access the Interface. By using the Interface in any capacity, you agree that you have read and understood these Terms.

This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

2. Modification of the Terms

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://hyperlend.finance/tos. You accept that by doing so, we provide you with sufficient notice of such change.

All modifications will be effective when they are posted, and your continued accessing or use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.

3. Eligibility

By accessing and using our Interface you represent and warrant to us that:

• You are at least 18 years old, or the legal age in your jurisdiction, with no legal impediment or incapability, capable of using the services and participating in any token distribution.

• You have read and understood the risks of using the Interface, and that you are solely responsible for your actions.

• You are acting on your own account as principal and not as trustee, agent or otherwise on behalf of any other persons or entities.

• You have had the opportunity to take legal, financial, accounting or other advice that you deem appropriate prior to using the Interface.

• You will only use the Interface with legally obtained digital assets that belong to you, and with full legal and beneficial title to any such assets.

• Your access may be restricted based on your jurisdiction. You must not use the Interface if you are located in, or a citizen or resident of, any Restricted Territory, including Afghanistan, Belarus, Cuba, Hong Kong, Iran, Iraq, North Korea, Russia, Syria, Ukraine, United Kingdom, United States, Venezuela and other jurisdictions where use would be illegal or violate applicable law.

• You have not used any virtual private network (VPN) or other means to disguise or manipulate your geographical location to access the Services from a restricted territory.

• Your access and use of the Services will fully comply with all applicable laws and regulations, and you will not use the Services to conduct, promote, or facilitate any illegal activity.

4. Privacy Policy

The Website may directly or indirectly collect and temporarily store personally identifiable information for operational purposes, including identifying blockchain or IP addresses that may indicate use from prohibited jurisdictions or by sanctioned persons. From time to time we use third-party service providers, like Google Analytics, which may receive or independently obtain your personal information from publicly-available sources. By accessing and using the Interface, you understand and consent to our Privacy Policy.

We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the Interface, and may share it with blockchain analytics providers solely to promote the safety, security, and integrity of the Interface. When you use the Interface, you are interacting with the Blockchain, which provides transparency into your transactions. HyperLend does not control and is not responsible for any information you make public on the Blockchain.

5. Access to the Protocol

The Interface provides access to the Protocol on the Blockchain, and is one, but not the exclusive, means of accessing it. We do not broker trading orders on your behalf, nor facilitate the execution or settlement of your trades, which occur entirely on the Blockchain.

The Interface is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. This Agreement does not create or impose any fiduciary duties on us. Using the Protocol may require that you pay a fee, such as gas charges on the Blockchain. HyperLend has no control over the Blockchain or any transactions, and cannot reverse or refund any amounts paid in error.

6. Duties of the User

You acknowledge and agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the Interface, and accept that it is your responsibility to assess whether use of the Interface is lawful in your jurisdiction. As a condition to accessing or using the Interface, you will only use the Services for lawful purposes and in accordance with these Terms, will ensure all information you provide is current, complete and accurate, and will maintain the security and confidentiality of your cryptographic private keys. Please report any fraud or circumvention to [email protected].

7. Prohibited Activities

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:

• Intellectual Property Infringement — activity that infringes any copyright, trademark, patent, right of publicity or privacy, or other proprietary rights.

• Anti-Money Laundering — violation of any applicable anti-money laundering, anti-terrorist financing, privacy and data collection laws.

• Cyber Attack — activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any system.

• Fraud and Misrepresentation — activity that seeks to defraud us or any other person, including providing false, inaccurate or misleading information.

• Market Manipulation — activity that violates any law concerning the integrity of trading markets, including spoofing and wash trading.

• Harm of Other Users — use that could interfere with, disrupt, or inhibit others from enjoying the Interface or the Protocol.

• Any Other Unlawful Conduct — activity that violates any applicable law, rule, or regulation of any relevant jurisdiction.

8. Assumption of Risk

By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks of cryptographic and blockchain-based systems, and that blockchain-based transactions are irreversible. Markets for digital assets are highly volatile, and the cost and speed of transacting may increase dramatically at any time.

Your use of the Interface involves certain risks, including without limitation: that any Smart Contracts you interact with are your own responsibility and liability; that access to your digital assets may be suspended, terminated or delayed; that if you are a borrower and your collateral declines below the required threshold, other users may seize your collateral; that technical problems, cyber attacks or other events may cause loss of funds; and that the Interface or Protocol may be suspended or terminated for any or no reason. We are not responsible for any of these variables or risks and cannot be held liable for any resulting losses.

9. Third-Party Links

The Interface may contain hyperlinks or references to third party websites, provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink does not mean that we endorse that third party’s website, products or services.

10. Intellectual Property Rights

We are the owner of all intellectual property rights in the Interface and the material published on it, protected by copyright laws. You agree not to monitor, use or copy our web pages without our prior consent. You retain ownership of all copyright in data you upload, and grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish and send this data in any manner.

11. Non-Solicitation; No Investment Advice

All transactions you submit through the Interface are considered unsolicited, meaning you have not received any investment advice from us and we do not conduct a suitability review of any trades. All information provided by the Interface is for informational purposes only and should not be construed as investment advice. You alone are responsible for determining whether any transaction is appropriate for you, and we recommend you seek independent financial advice before making any decision.

12. Disclaimers

The Interface is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including the warranties of merchantability and fitness for a particular purpose. Your use of the Interface is at your own risk. We reserve the right to limit the availability of the Interface to any person, geographic area or jurisdiction, and to terminate your access at any time in our sole discretion.

13. No Warranties

We do not guarantee that the Interface will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Interface, and should use your own virus protection software.

14. Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (a) your access and use of the Interface; (b) your violation of any term of this Agreement, the right of any third party, or any applicable law; and (c) any other party’s access and use of the Interface with your assistance or using any device or account you control.

15. Limitation of Liability

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interface.

Under no circumstances shall our aggregate liability exceed the amount you paid to us in exchange for access to and use of the Interface, or 3,000 (three thousand) USD, whichever is greater, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.

16. Assignments

We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through a third-party, and may assign any or all of our rights and obligations under these Terms to any third-party.

17. Severability

If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, it will be severed from these Terms, leaving the remainder in full force and effect. All disclaimers, indemnities and exclusions shall survive termination and continue to apply during any suspension or period during which the Interface is not available.

18. Governing Law; Dispute Resolution

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Republic of Panama as to all matters, including validity, construction, effect, enforceability, performance and remedies.

Settlement Negotiations. If you have a potential legal dispute, you shall first contact us at [email protected] describing the nature of the dispute and providing all relevant documentation. If so elected by us, you shall use commercially reasonable efforts to negotiate a settlement within 60 days.

Mandatory Binding Arbitration. All claims, disputes and controversies arising out of or relating to these Terms shall be resolved by confidential, binding arbitration seated in London and conducted in English pursuant to the Commercial Arbitration Rules of the London Chamber of Arbitration and Mediation. The award or decision of the arbitrator shall be final and binding.

Waiver of Jury Trial. Each party irrevocably waives any right to trial by jury in any action arising out of or related to these Terms. Confidentiality of Arbitration applies except as necessary to enforce rights or as required by law.

19. Waivers

With respect to all persons and entities, regardless of whether they obtained or used the Interface for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding.

20. Entire Agreement

These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Interface, HyperLend and its functionalities, and supersede any prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.

Contacting Us

Should you have any question about these Terms, or wish to contact us for other reasons, please do so by sending us an email at [email protected].