1. Paid service

If you choose to sign up for and use a Paid Service, your usage and any related transactions are subject to the following:

1. The terms and conditions outlined in this document, referred to as the "Superhot IE Purchaser Terms of Service," which include the specific terms and conditions applicable to each Paid Service you purchase (listed below).

2. The applicable Superhot IE Terms of Service, Superhot IE Privacy Policy, and all policies incorporated therein, collectively referred to as the "Superhot IE Terms of Service."

Together, the Superhot IE Purchaser Terms of Service and the Superhot IE Terms of Service constitute the "Terms" mentioned in this document. In this context, "Superhot IE" refers to the Superhot IE entity that provides the Paid Services to you.

Please carefully read and understand the Superhot IE Purchaser Terms of Service, including the applicable terms, conditions, and exceptions.

IF YOU RESIDE IN THE UNITED STATES, THESE TERMS CONTAIN IMPORTANT INFORMATION THAT APPLIES TO YOU REGARDING THE RESOLUTION OF DISPUTES THROUGH COURT (NO ARBITRATION), INCLUDING A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS AND YOUR RIGHT TO OPT OUT. ADDITIONALLY, THESE TERMS LIMIT YOUR ABILITY TO BRING CLAIMS AGAINST SUPERHOT IE MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCUR. THESE PROVISIONS AFFECT YOUR RIGHTS AND OBLIGATIONS IN THE EVENT OF A DISPUTE WITH Superhot IE. PLEASE REFER TO SECTION 6 UNDER GENERAL TERMS FOR DETAILED INFORMATION REGARDING THESE PROVISIONS.

1.1 Acceptance

By using or accessing any Paid Service(s) provided by Superhot IE, submitting payment, and/or clicking on a button to make a one-time purchase or recurring subscription payments, you agree to be bound by these Terms. If you do not understand or accept any part of the Terms, you may not use or access any Paid Services.

1.2 Parents and children

To purchase and use a Paid Service, you must meet the following criteria:

1. Be at least 18 years old or of the legal age of majority as determined by the laws of your jurisdiction.

2. Have explicit consent from your parent or guardian to purchase and use the Paid Service if you are under the legal age of majority.

If you are a parent or legal guardian and you allow your child (or a child under your guardianship) to purchase or use a Paid Service, you acknowledge that the Terms apply to you, and you agree to abide by them. You are responsible for your child's activities on the Paid Services and ensuring their compliance with the Terms. As stated in the "Who May Use the Services" section of the Superhot IE Terms of Service, you must be at least 13 years old to use the Superhot IE Service.

1.3 Entities

If you are accepting these Superhot IE Purchaser Terms of Service and using the Paid Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you have the authority to do so and bind the entity to these Superhot IE Purchaser Terms of Service. In such cases, the terms "you" and "your" used in these Superhot IE Purchaser Terms of Service refer to the entity.

1.4 Contracting entity

The entity with which you enter into this Superhot IE Purchaser Terms of Service is Superhot LTD, . This entity will provide the Paid Services to you.

2. Changes to terms, paid services and pricing

2.1 Revision of Terms

Superhot IE reserves the right to make changes to these Superhot IE Purchaser Terms of Service periodically. These changes will not apply retroactively, and the most up-to-date version of the Superhot IE Purchaser Terms of Service can be found at https://superhot.app/l/purchaser-terms-of-service. This version will govern your use of the Paid Services and any associated transactions. If we modify or revise these Terms after you have agreed to them (for instance, after purchasing a subscription), we will provide you with advance notice of any significant revisions. Such notification may be provided electronically, including through service notifications or emails sent to the email address linked to your account. By continuing to access or use the Paid Services after the revised Terms take effect, you agree to be bound by the updated Superhot IE Purchaser Terms of Service. If you do not agree to these terms or any future revisions, please refrain from using or accessing the Paid Services.

2.2 Changes to Paid Services

Our Paid Services are subject to ongoing evolution. Therefore, they may be modified or changed at our discretion, either permanently or temporarily, with or without prior notice. We reserve the right to cease providing the Paid Services, including specific features within the Paid Services, to you or to users in general. Superhot IE shall not be held liable to you or any third party for any alterations, suspension, or discontinuation of the Paid Services. The particular terms and conditions provided below for each specific Paid Service outline the process for canceling a subscription or, where applicable, requesting a refund.

2.3 Pricing Changes

Prices for the Paid Services, including recurring subscription fees, may be modified from time to time. Superhot IE will give reasonable advance notice of any significant price changes for the Paid Services. In the case of subscription services, the price changes will take effect at the start of the subsequent subscription period following the date of the price adjustment. If you do not agree with a price change, you have the right to reject the change by canceling your subscription to the relevant Paid Service prior to the revised price coming into effect.

3. Payment terms

Superhot IE provides various payment options, which may differ depending on the Paid Service, your device and/or operating system, your geographic location, or other factors. These payment options may include the use of "In-app payment" functionality provided by Google or Apple, or making a web payment through Superhot IE's third-party payment processor, Stripe (www.stripe.com - hereafter referred to as "Stripe").

By making a payment, you explicitly agree to the following:

1. To pay the listed price for the Paid Service, including any additional amounts related to applicable taxes, credit card fees, bank fees, foreign transaction fees, foreign exchange fees, and currency fluctuations.

2. To comply with any relevant terms of service, privacy policies, legal agreements, or restrictions (including age restrictions) imposed by Google, Apple, or Stripe (as Superhot IE's third-party payment processor) in connection with your chosen payment method. For example, if you opt to make a payment using Apple's in-app purchasing functionality, you agree to adhere to any relevant terms, requirements, and/or restrictions set by Apple.

Any personal data you provide in relation to your use of the Paid Services, including payment information, will be processed in accordance with the Superhot IE Privacy Policy. Superhot IE may share your payment information with payment services providers for purposes such as payment processing, fraud prevention, dispute resolution (e.g., chargebacks or refunds), and other activities related to accepting credit and debit cards. It is your responsibility to ensure that your banking, credit card, debit card, and/or other payment information is accurate, complete, and up to date at all times.

If you make a payment for a Paid Service, we may receive transaction-related information, such as the timing of the transaction, subscription expiration or auto-renewal details, the platform used for the purchase, and other relevant information. Superhot IE will not be held responsible or liable for any errors or delays caused by payment processors, Apple's App Store or the Google Play Store, your bank, your credit card company, or any payment network.

For specific payment terms applicable to each Paid Service, including subscription renewals and other important details, please refer to the Terms and Conditions provided for that particular Paid Service.

4. Rules

4.1 Application of the Superhot IE Terms of Service

It is essential that you adhere to and comply with the Superhot IE Terms of Service at all times. The Superhot IE Terms of Service applies to your use of the Superhot IE Service, including the Paid Services and features. Failure to comply with the Superhot IE Terms of Service, or if Superhot IE believes you have violated it, may result in the cancellation of your Paid Services. Such cancellation is in addition to any enforcement action Superhot IE may take against you as per the Superhot IE Terms of Service. In such cases, you may lose the benefits of your Paid Services, and any amounts you have paid (or pre-paid) for the Paid Services will not be eligible for a refund.

4.2 Grounds for Termination of Access to Paid Services

Superhot IE reserves the right to suspend or terminate your access to Paid Service(s) or cease providing you with all or part of the Paid Services (without incurring any liability) at any time and for any reason. This may include, but is not limited to, the following reasons:

1. Superhot IE believes, at its sole discretion, that you have violated the Terms or that your use of the Paid Service(s) would infringe applicable laws.
2. Superhot IE is obligated or directed to do so by a competent court of law, regulatory authority, or law enforcement agency.
3. Superhot IE encounters unexpected technical or security issues.
4. Superhot IE believes you have violated the Superhot IE Terms of Service.
5. Your actions pose a risk or potential legal exposure to Superhot IE.
6. Your account should be removed due to unlawful conduct.
7. Your account should be removed due to prolonged inactivity.
8. The provision of the Paid Services to you (either in whole or in part) is no longer commercially viable, at Superhot IE's sole discretion.

4.3 Non-Refundable Transactions

All payments made for Paid Services are final and non-refundable or exchangeable, unless required by applicable law. We do not guarantee the nature, quality, or value of a Paid Service or its availability. Refunds or credits will not be provided for any unused or partially used Paid Service, such as a partially used subscription period.

4.4 Non-transferability of paid services between Superhot IE accounts

Each purchase of a Paid Service is specific to a single Superhot IE account. This means that your purchase applies solely to the account you used when acquiring the Paid Service and does not extend to other accounts you may have access to or control over. If you have multiple accounts and desire access to Paid Services on each account, you must individually purchase the Paid Service for each account.

4.5 Restrictions and Obligations:

1. Eligibility: You may only purchase and utilize a Paid Service if it is legally permitted in your country, and if you reside in a country supported by Superhot IE for that specific Paid Service. Superhot IE reserves the right to limit access or purchase of Paid Services in certain countries at its discretion. The list of supported countries may be modified by Superhot IE from time to time.
2. Superhot IE's Discretion: We reserve the right to refuse transactions for Paid Services, as well as to cancel or discontinue the sale or use of a Paid Service, at our sole discretion.
3. Account Usage: You are not permitted to allow others to use your Superhot IE account to access any Paid Service that they have not personally ordered.
4. Prohibited Persons: If you are a Prohibited Person with whom U.S. persons are prohibited from transacting under economic sanctions, including sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control or any other applicable sanctions authority, you are not allowed to purchase or use a Paid Service. Prohibited Persons include individuals located in, citizens of, or ordinarily residents in Cuba, Iran, the Crimea Region of Ukraine, North Korea, and Syria. By using or purchasing a Paid Service, you represent and warrant that you are not a Prohibited Person.
5. Lawful Use: You affirm that you will use the Paid Services solely for lawful purposes and in accordance with the Terms.

5. Taxes & Fees

You are responsible for paying any applicable taxes, duties, tariffs, and fees associated with the purchase of Paid Services. This includes taxes that must be paid to either Superhot IE or a third-party payment processor. These taxes may include, but are not limited to, VAT, GST, sales tax, withholding tax, and any other relevant taxes. Depending on your location, Superhot IE may have the responsibility to collect and report transaction taxes arising from your purchase of Paid Services.

You grant Superhot IE permission to disclose your account and personal information to relevant tax authorities as required to fulfill our obligations for tax collection and reporting. This ensures compliance with applicable tax regulations.

6. General

6.1 Contact Information

If you have any questions regarding the Paid Services or these Terms, you can visit the Superhot IE Paid Services Help Center for more information. If you have already purchased a Paid Service, you can also contact us through the support link available in the navigation menu of your Superhot IE account under the payment or subscription settings. If you have additional questions, you can use the "Help with paid features" form to contact us.

6.2 Disclaimers

Your access to and use of the Paid Services is at your own risk. Superhot IE provides the Paid Services on an "as is" and "as available" basis. Superhot IE disclaims all warranties and conditions, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. Superhot IE does not warrant the completeness, accuracy, availability, timeliness, security, or reliability of the Paid Services, nor does it guarantee that the Paid Services will meet your requirements or be available uninterrupted, secure, or error-free. You are responsible for your use of the Superhot IE Service, including the Paid Services, and any Content you provide.

6.3 Limitation of liability

To the maximum extent permitted by applicable law, the Superhot IE Entities shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, resulting from your access to or use of the Paid Services. This includes any conduct or content of any third party posted through the Paid Services, any content obtained from the Paid Services, and unauthorized access, use, or alteration of your transmissions or content. The aggregate liability of the Superhot IE Entities is limited to the greater of one hundred U.S. dollars ($100.00) or the amount you paid Superhot IE, if any, in the past six months for the Paid Services giving rise to the claim. These limitations of liability apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, even if the Superhot IE Entities have been informed of the possibility of such damage. The term "Superhot IE Entities" refers to Superhot IE, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors.

Please note that applicable law in your jurisdiction may not allow for certain limitations of liability. To the extent required by applicable law in your jurisdiction, the above limitation of liability does not apply to the Superhot IE Entities' liability for fraud, fraudulent misrepresentation, death or personal injury caused by their negligence, gross negligence, and/or intentional conduct. To the fullest extent allowed under applicable law, the Superhot IE Entities' maximum aggregate liability for any non-excludable warranties is limited to one hundred U.S. dollars ($100.00).

7. Conflicts & dispute resolution

In the event of a conflict between the provisions of this Superhot IE Purchaser Terms of Service and the Superhot IE User Agreement, the provisions of this Superhot IE Purchaser Terms of Service take precedence solely with respect to your use of a Paid Service.

THIS SECTION APPLIES TO YOU ONLY IF YOU LIVE IN THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

7.1 General

This section specifically applies to individuals residing in the United States. It governs the agreement between you and Superhot IE regarding superhot.app's features or products covered by these Terms. Subject to the exceptions outlined in this section, both you and Superhot IE agree to exclude arbitration as a way to resolve any disputes, claims, or controversies arising from or related to these Terms, the marketing of Paid Services, and/or your participation in the Paid Services (referred to as "Dispute" or collectively as "Disputes").

7.2 Initial dispute resolution

Most disputes can be resolved informally between you and Superhot IE. If you have already purchased a Paid Service, our support team is available via the support link in the navigation menu of your Superhot IE account under the payment or subscription settings to address any concerns regarding the Paid Services. Please provide a brief description of your concerns, contact information, and the specific relief you seek. Both parties are required to engage in good faith in this informal process regarding any Dispute.

7.3 Excluding arbitration

We do not agree to engage in any form of arbitration for dispute resolution. Any disputes or claims arising out of or in connection with our services or these Terms will be subject to the exclusive jurisdiction and venue of the courts located in Amtsgericht Berlin Charlottenburg, Berlin, Germany. By using our services, you agree to submit to the personal jurisdiction of these courts.

7.4 Filing process and costs

Both parties acknowledge that they have the right to sue in court and that each party covers their own costs of litigation.

7.5 Location

Any disputes relating to these Terms or the Services will be exclusively brought in the federal or state courts located in Amtsgericht Berlin Charlottenburg, Berlin, Germany. By accepting these Terms, you consent to the personal jurisdiction of these courts and waive any objection regarding an inconvenient forum.

7.6 Class action waiver

Both you and Superhot IE agree that any claims can only be brought in individual capacities and not as part of a class action or other representative action. The parties expressly waive the right to file or seek relief on a class basis. The court may not consolidate proceedings or claims of more than one person unless both parties agree in writing, and the court may not preside over any representative or class proceeding.

7.7 Severability

If any part of this Dispute Resolution Agreement cannot be enforced for a particular claim or remedy (such as injunctive relief), that claim or remedy will be severed and must be brought in a court of proper jurisdiction.

7.8 Changes

We will provide 60 days' notice of any material changes to this Dispute Resolution Agreement. Changes will become effective on the 60th day and will only apply to claims arising after that date.

7.9 Choices of law

These Terms will be governed by the laws of the country of Germany and the European Union for any dispute that arises between you and us.

7.10 Survival

This Dispute Resolution Agreement remains in effect even after the relationship between you and Superhot IE ends, including cancellation of or unsubscribing from any services or communications provided by Superhot IE.

8. Contact us

If you have any questions about these Purchaser Terms of Service, You can contact us:

• By email: support@superhot.app

• By visiting this page on our website: https://superhot.app/l/purchaser-terms-of-service