1. Who may use the services

To access and utilize the Services, you must agree to enter into a legally binding contract with us and must not be prohibited from receiving services according to the laws of your jurisdiction. Additionally, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or any other legal entity, you confirm that you have the necessary authorization to do so and possess the authority to bind that entity to these Terms. In such cases, the terms "you" and "your" used in these Terms refer to the said entity.

2. Privacy policy

Our Privacy Policy outlines the manner in which we manage the information you provide to us when using our Services. By using the Services, you acknowledge and agree that you consent to the collection and utilization of this information as described in the Privacy Policy. This includes the transfer of such information to the United States, Ireland, and/or other countries for storage, processing, and use by us and our affiliates.

3. Content

You are solely responsible for your use of the Services and any Content you provide, ensuring compliance with applicable laws, rules, and regulations. It is important to only share Content that you feel comfortable sharing with others.

Any reliance or use of Content or materials posted through the Services, or obtained by you via the Services, is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted through the Services, nor do we endorse any opinions expressed through the Services. You understand that while using the Services, you may come across Content that could be offensive, harmful, inaccurate, or otherwise inappropriate. In some cases, there may be postings that are mislabeled or intentionally deceptive. It is crucial to recognize that all Content is the sole responsibility of the individual who originally shared it. We may not actively monitor or control the Content posted through the Services, and thus, we cannot assume responsibility for such Content.

We retain the right to remove any Content that violates the User Agreement. This includes, but is not limited to, instances of copyright or trademark infringement, intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

3.1 Grant of Content Rights

You maintain ownership of the rights to any Content you submit, post, or display on or through the Services. Your Content, including any incorporated audio, photos, and videos, is considered your property.

By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content through any media or distribution methods, both existing and developed in the future. This license includes the rights to curate, transform, and translate your Content. It authorizes us to make your Content accessible to the global community and allows others to do the same. You agree that this license enables us to provide, promote, and enhance the Services, as well as make your Content available to other companies, organizations, or individuals for syndication, broadcast, distribution, Retweet, promotion, or publication on other media and services. These additional uses by us or other entities do not entitle you to any compensation for the Content you submit, post, transmit, or make available through the Services, as your use of the Services is considered sufficient compensation for the Content and the granted rights.

We have guidelines in place for how ecosystem partners can engage with your Content on the Services. These guidelines are designed to foster an open ecosystem while respecting your rights. You understand that we may modify or adapt your Content as we distribute, syndicate, publish, or broadcast it, both independently and in collaboration with our partners. These modifications may be necessary to adapt the Content to different media formats.

By submitting, posting, or displaying Content on or through the Services, you represent and warrant that you possess or have obtained all the necessary rights, licenses, consents, permissions, power, and/or authority to grant the rights described herein for any Content you submit, post, or display. You further agree that your Content will not contain material that is subject to copyright or other proprietary rights unless you have the necessary permissions or legal entitlement to post such material and grant us the license outlined above.

4. Usage

Our Services are subject to constant evolution, which means they may change periodically at our discretion. We reserve the right to cease providing the Services, either permanently or temporarily, to you or to users in general. Additionally, we have the authority to establish limitations on usage and storage at our sole discretion, and we may remove or decline to distribute any Content on the Services, restrict the distribution or visibility of any Content, suspend or terminate user accounts, and reclaim usernames without incurring any liability towards you.

You agree not to misuse our Services, which includes activities such as interfering with the Services or accessing them through unauthorized means. You agree not to circumvent any technical limitations in the provided software or engage in reverse engineering, decompiling, or disassembling of the software, except where expressly permitted by applicable law. While accessing or using the Services, you are prohibited from the following activities:

1. accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our providers

2. probing, scanning, or testing the vulnerability of any system or network, or breaching or circumventing any security or authentication measures

3. accessing or searching the Services by any means other than our currently available interfaces, unless expressly allowed in a separate agreement with us (note: crawling the Services is permissible in compliance with the provisions of the robots.txt file, but scraping the Services without our prior consent is explicitly prohibited)

4. forging any TCP/IP packet header or any part of the header information in any email or posting, or using the Services to send altered, deceptive, or false source-identifying information; or

5. interfering with or disrupting the access of any user, host, or network, including sending viruses, overloading, flooding, spamming, or scripting the creation of Content in a manner that interferes with or burdens the Services.

We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to:

1. comply with applicable laws, regulations, legal processes, or governmental requests

2. enforce the Terms, including investigating potential violations

3. detect, prevent, or address fraud, security or technical issues

4. respond to user support requests; or

5. protect the rights, property, or safety of superhot.app, its users, and the public.

Unless otherwise stated in our Privacy Policy, we do not disclose personally-identifying information to third parties.

If you use paid features of the Services, you agree to the applicable Purchaser Terms of Services

4.1 Account

In order to access certain Services, it may be necessary for you to create an account. It is your responsibility to ensure the security of your account by using a strong password and restricting its usage to this specific account. We cannot and will not be held liable for any loss or damage resulting from your failure to comply with these guidelines.

You have control over most of the communications you receive from the Services. While we strive to provide you with the ability to manage your communication preferences, there may be certain essential communications that we need to send you, such as service announcements and administrative messages. These communications are considered an integral part of the Services and your account, and it may not be possible to opt-out of receiving them. If you have provided your phone number to your account and subsequently change or deactivate that phone number, it is important for you to update your account information to prevent us from communicating with anyone who obtains your old number.

4.2 License to use the services

We grant you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to utilize the software provided to you as part of the Services. This license is solely intended to enable you to use and benefit from the Services as provided on superhot.app, in accordance with these Terms.

The Services are protected by copyright, trademark, and other laws of the and other countries (including the United States). The Terms do not grant you the right to use the Superhot IE name or any Superhot IE trademarks, logos, domain names, distinctive brand features, or other proprietary rights. The exclusive ownership of the Services (excluding Content provided by users) belongs to us and our licensors, and this ownership will be maintained. Any feedback, comments, or suggestions you provide regarding Superhot IE or the Services are entirely voluntary, and we are free to utilize such feedback, comments, or suggestions as we see fit, without any obligation to you.

4.3 Ending these terms

You may end your legal agreement with us at any time by terminating your accounts and discontinuing your use of the Services. Go to your Account settings for instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:

1. you have violated these Terms or other community guidelines

2. you create risk or possible legal exposure for us

3. your account should be removed due to unlawful conduct

4. your account should be removed due to prolonged inactivity

5. our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 5, and 6. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.

5. Limitations of liability

5.1 The services are available "AS-IS"

Your usage and access to the Services, as well as any Content you interact with, are done so at your own risk. You acknowledge and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. The term "Superhot IE Entities" refers to Superhot LTD, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. To the maximum extent permitted by applicable law, THE SUPERHOT IE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Superhot IE Entities make no warranty or representation and assume no responsibility or liability for the following:

1. The completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content.

2. Any harm to your computer system, loss of data, or other harm resulting from your access to or use of the Services or any Content.

3. The deletion of, failure to store, or failure to transmit any Content and other communications maintained by the Services.

4. Whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

No advice or information, whether oral or written, obtained from the Superhot IE Entities or through the Services, will create any warranty or representation not expressly stated in these Terms.

5.2 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 OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SUPERHOT IE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SUPERHOT IE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

6. General

We reserve the right to update these Terms periodically. The changes will not apply retroactively, and the most current version of the Terms, which can always be found at https://superhot.app/l/terms-of-service, will govern our relationship with you. We will make efforts to notify you of significant revisions, such as through a service notification or an email sent to the email associated with your account. By continuing to access or use the Services after the revised Terms take effect, you agree to be bound by the updated Terms.

These Terms will be governed by the laws of the country of and European Union, excluding its choice of law provisions, for any dispute that arises between you and us. 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.

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.

If any provision of these Terms is deemed invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

7. Contact us

If you have any questions about these 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