Terms of Service Effective Date: April 30, 2026 Last Updated: April 30, 2026 These Terms of Service ("Terms") are a binding agreement between you and Hyve Labs, Inc., a Delaware corporation ("Hyve," "we," "us," or "our"), governing your access to and use of the Hyve gaming platform at hyve.gg, the Hyve mobile application(s), and the games, content, and services we make available (collectively, the "Services"). PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 16) THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION 16.7, YOU AGREE THAT DISPUTES BETWEEN YOU AND HYVE WILL BE RESOLVED BY INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. By accessing or using the Services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services. --- 1. Eligibility You must be at least 13 years old (or the equivalent minimum digital age in your jurisdiction) to use the Services. If you are under the age of majority where you live, you may use the Services only with the consent of your parent or legal guardian, who agrees to be bound by these Terms on your behalf. By using the Services, you represent that you meet these requirements. The Services are not available to anyone previously suspended or removed from the Services by Hyve. --- 2. Your Account You may need to create an account to access certain features. You agree to: - provide accurate, current, and complete information at registration and keep it current; - maintain the confidentiality of your credentials and any access tokens; - accept responsibility for all activities under your account, including activities by others using your credentials with or without your authorization; - promptly notify us of any unauthorized access at support@hyve.gg. We may refuse, suspend, or terminate accounts at our discretion as described in Section 14. --- 3. License to Use the Services Subject to your compliance with these Terms, Hyve grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial entertainment. This license terminates automatically if you violate these Terms. You may not, and may not permit any third party to: - copy, modify, distribute, sell, lease, or create derivative works of the Services or any portion; - reverse engineer, decompile, disassemble, or attempt to derive the source code, except to the extent applicable law expressly permits; - bypass, disable, or interfere with security or technical measures; - use bots, scrapers, automation, or other unauthorized means to access the Services; - exploit bugs, glitches, or unintended behaviors for unfair advantage; - use the Services to develop a competing product; - use the Services for any illegal purpose or in violation of these Terms. --- 4. Virtual Items, Virtual Currency, and Purchases Some Services offer the ability to purchase, earn, or be granted virtual items, virtual currency, in-game goods, cosmetic content, season passes, or similar items (collectively, "Virtual Content"). 4.1 License only -- no ownership. Virtual Content is licensed, not sold. You receive only a limited, personal, non-exclusive, non-transferable, revocable license to access and use Virtual Content within the applicable game and Services. You do not have any ownership, title, or other proprietary interest in any Virtual Content. 4.2 No real-world value. Virtual Content has no real-world monetary value. Virtual Content cannot be redeemed for cash or any "real world" currency, transferred to other accounts, sold, exchanged, or used outside the Services, except as we expressly permit. Any apparent in-game "price" or "value" is for in-game purposes only. 4.3 No transfers. You may not sell, gift, trade, or transfer Virtual Content (or accounts) to or from any other person, including for real-world consideration, except where Hyve expressly enables such transfers within the Services. 4.4 Purchases. All purchases of Virtual Content or other paid features are processed by Apple, Google, or another third-party payment processor under its own terms. You authorize the charge of your selected payment method for the amount displayed at the time of purchase, plus any applicable taxes and fees. 4.5 No refunds. All purchases are final and non-refundable, except (i) as required by applicable law (including the right of withdrawal under EU consumer law, which you waive by accepting immediate digital delivery), or (ii) as the applicable payment processor or platform store (e.g., Apple, Google) provides under its own refund policies. Hyve does not directly process refunds for purchases made through the Apple App Store or Google Play; contact the applicable platform. 4.6 Subscriptions. Subscriptions auto-renew until cancelled. Cancel through your platform account (Apple ID, Google Play, etc.) at least 24 hours before the next billing date. Cancellation takes effect at the end of the current billing period; no partial-period refunds. 4.7 Pricing changes. We may change prices, available items, and the rules governing Virtual Content at any time. Material changes affecting active subscriptions will be communicated in advance. 4.8 Discontinuation. We may modify, suspend, or discontinue any part of the Services or any Virtual Content at any time, including ending a game's operation. Upon discontinuation, your license to affected Virtual Content terminates and you are not entitled to any refund or compensation for unused Virtual Content, except where required by applicable law. --- 5. User-Generated Content The Services may allow you to create, upload, post, transmit, or share content, including usernames, screenshots, voice and text chat, in-game communications, leaderboard entries, and other content (collectively, "User Content"). 5.1 Your responsibility. You are solely responsible for your User Content and the consequences of submitting it. You represent and warrant that you own or have all necessary rights to your User Content and that it does not violate these Terms or any law. 5.2 License to Hyve. By submitting User Content, you grant Hyve a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, translate, distribute, publish, publicly display, publicly perform, and create derivative works of your User Content in any media now known or later developed, for any purpose, including commercial purposes related to the Services and Hyve's business. To the extent permitted by applicable law, you waive any moral rights in your User Content. 5.3 No obligation. Hyve has no obligation to monitor, store, host, display, or distribute User Content, and may remove or refuse User Content at any time without notice. 5.4 Prohibited User Content. You may not submit User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, hateful, or otherwise objectionable; that infringes intellectual property or privacy rights; that contains malware or unsolicited advertising; that impersonates another person; or that contains personally identifying information of others without their consent. --- 6. Acceptable Use In addition to the restrictions in Sections 3 and 5, you will not: - cheat, exploit, or use unauthorized third-party software, mods, hacks, or assistance to gain an unfair competitive advantage; - engage in real-money trading or sale of accounts, items, or services without our written consent; - harass, threaten, dox, or otherwise harm other users; - attempt to access another user's account; - use the Services to send spam, chain letters, or unsolicited promotional content; - circumvent geographic, payment, or content restrictions; - engage in fraudulent transactions, chargeback abuse, or payment fraud; - violate any applicable law or regulation. We may, at our discretion, investigate suspected violations and take any action we deem appropriate, including warning, suspending, or terminating accounts; deleting or modifying Virtual Content; and reporting to law enforcement. --- 7. Intellectual Property The Services, including all software, code, art, audio, video, characters, names, story, dialog, themes, gameplay mechanics, designs, "look and feel," and trademarks (collectively, the "Hyve IP"), are owned by or licensed to Hyve and are protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in Section 3, no rights in the Hyve IP are granted to you. You may not use Hyve trademarks, logos, or trade dress without our prior written consent. Fan-content guidelines, where published, govern non-commercial fan use. --- 8. Copyright Complaints (DMCA) If you believe your copyrighted work has been infringed on the Services, send a notice to our designated agent including: (i) a physical or electronic signature; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material; (iv) your contact information; (v) a statement of good-faith belief that use is unauthorized; and (vi) a statement of accuracy under penalty of perjury. Designated DMCA Agent: Hyve Labs, Inc. -- Copyright Agent Email: support@hyve.gg We may terminate accounts of repeat infringers. --- 9. Third-Party Services The Services may interoperate with third-party services (e.g., Apple, Google, Meta, payment processors). Your use of those services is governed by their terms, not ours. Hyve is not responsible for third-party services and disclaims all liability for them. --- 10. Updates and Changes to the Services We may update, modify, or discontinue any part of the Services at any time without prior notice, including by adding or removing features, content, or Virtual Content. We are not liable to you or any third party for any modification, suspension, or discontinuation. --- 11. Beta and Pre-Release Features We may make beta, preview, or pre-release features available. They are provided "AS IS," may contain bugs, may change without notice, and may be removed at any time. You agree not to share, publish, or disclose information about beta features unless we expressly permit. --- 12. Disclaimers THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, HYVE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, that defects will be corrected, or that the Services will meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the maximum extent permitted. --- 13. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW: (a) Hyve and its affiliates, officers, directors, employees, agents, suppliers, and licensors are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, loss of goodwill, or business interruption, arising from or related to your use of the Services, even if advised of the possibility. (b) Hyve's aggregate liability to you for all claims arising from or related to the Services or these Terms is limited to the greater of (i) one hundred U.S. dollars ($100), or (ii) the total amount you paid to Hyve in the twelve (12) months preceding the event giving rise to the claim. (c) The limitations in this Section 13 apply regardless of the legal theory (contract, tort, statute, or otherwise) and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow these limitations; in those jurisdictions, this Section applies to the maximum extent permitted, and additional rights you have under applicable law are not affected. --- 14. Suspension and Termination 14.1 By you. You may stop using the Services or delete your account at any time. Closing your account does not entitle you to any refund of unused Virtual Content or pre-paid amounts, except as required by law. 14.2 By Hyve. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, for any reason or no reason, including (without limitation) if we believe you have violated these Terms, engaged in fraud, or otherwise exposed Hyve to risk or liability. Upon termination, your license to the Services and Virtual Content terminates. 14.3 Survival. Sections 4 (Virtual Items), 5.2 (Hyve license to User Content), 7 (IP), 8 (DMCA), 12-17, and any other provisions that by their nature should survive will survive termination. --- 15. Indemnification You agree to defend, indemnify, and hold harmless Hyve and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) any disputes between you and another user. We reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. --- 16. Dispute Resolution; Binding Arbitration; Class Action Waiver PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH HYVE BY BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF. 16.1 Informal resolution first. Before filing arbitration, you and Hyve agree to first attempt to resolve any dispute informally for at least 60 days. To start, send a written notice describing the dispute and proposed resolution to: Hyve Labs, Inc., Attn: Legal -- Disputes, 1101 Thorpe Ln #105-513, San Marcos, TX 78666, United States, with a copy to support@hyve.gg. 16.2 Binding arbitration. Except for disputes excluded in Section 16.5, you and Hyve agree that any dispute, claim, or controversy arising from or relating to these Terms or the Services ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time, except as modified here. The arbitrator will have exclusive authority to resolve all Disputes, including issues of arbitrability. 16.3 Class Action Waiver. YOU AND HYVE AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding. If a court decides this Class Action Waiver is unenforceable as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and decided in court; all other claims and remedies will remain in arbitration. 16.4 Severability of arbitration agreement. If any portion of this Section 16 (other than the Class Action Waiver) is found to be unenforceable, that portion will be severed and the remainder enforced. If the Class Action Waiver is found to be unenforceable, then this entire Section 16 (except this sentence) will be void. 16.5 Exceptions. Either party may bring an individual action in small claims court for Disputes within the court's jurisdiction. Either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights or unauthorized access to the Services. 16.6 Arbitration procedure. The arbitration will be conducted in English, in Wilmington, Delaware (or by phone or video at the consumer's option, or in the consumer's home county if a hearing is required). The arbitrator's decision will follow these Terms and applicable law and will be final and binding. Judgment may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs unless the arbitrator finds a claim or defense was frivolous or brought in bad faith. 16.7 Right to opt out of arbitration. You may opt out of the arbitration agreement (Sections 16.1-16.6) by sending a clear written notice to support@hyve.gg within 30 days after first accepting these Terms. Your notice must include your name, account email, and a statement that you wish to opt out of arbitration. Opting out of arbitration does not opt you out of the Class Action Waiver in Section 16.3. If you opt out, all other parts of these Terms (including governing law and venue) continue to apply. 16.8 Future changes. If we make any material change to this Section 16 in the future, you may reject the change by emailing support@hyve.gg within 30 days of the change taking effect. Your continued use after that period constitutes acceptance. 16.9 Time limit for claims. Any claim must be brought within one (1) year after the cause of action arose; otherwise it is permanently barred, except where applicable law prohibits this limitation. --- 17. Governing Law and Venue These Terms and any Dispute will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For Disputes not subject to arbitration under Section 16, you and Hyve consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection to venue or inconvenient forum, except where prohibited by applicable law (e.g., consumer protections in your home jurisdiction). If you reside in the EU, UK, or another jurisdiction whose mandatory consumer protection law grants you rights that cannot be waived, those rights apply notwithstanding the foregoing. --- 18. Apple-Specific Terms (iOS users) If you accessed the Services through Apple's App Store, the following additionally apply: - These Terms are between you and Hyve only, not with Apple. Apple is not responsible for the Services. - Your license is non-transferable and limited to use on Apple-branded devices you own or control. - Apple has no obligation to provide maintenance or support. - If the Services fail to conform to applicable warranty, you may notify Apple, which will refund the purchase price; to the maximum extent permitted, Apple has no other warranty obligation. - Hyve, not Apple, is responsible for any product liability claim, claim that the Services fail to conform to legal or regulatory requirements, claim under consumer protection law, or third-party intellectual property infringement claim. - Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. --- 19. Google Play-Specific Terms (Android users) If you accessed the Services through Google Play, your use is also subject to the Google Play Terms of Service and Google Play Developer Distribution Agreement, which take precedence to the extent of any conflict regarding payment processing or refunds for Google Play purchases. --- 20. Consumer Notices California users: under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210. --- 21. Changes to These Terms We may update these Terms from time to time. When we make material changes, we will provide notice (e.g., via the Services, email, or update to the "Last Updated" date) before the changes take effect. Your continued use after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Services. --- 22. General 22.1 Entire agreement. These Terms, together with the Privacy Policy and any policies referenced here, are the entire agreement between you and Hyve regarding the Services and supersede all prior agreements. 22.2 Severability. If any provision is found unenforceable, the remaining provisions remain in effect. 22.3 No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision. 22.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets. 22.5 Notices. We may give notice via the Services, email, or other reasonable means. Notices to us must be sent to support@hyve.gg. 22.6 Force majeure. We are not liable for delays or failures due to events beyond our reasonable control. 22.7 Headings. Section headings are for convenience and do not affect interpretation. --- 23. Contact Hyve Labs, Inc. 1101 Thorpe Ln #105-513, San Marcos, TX 78666, United States Email: support@hyve.gg Support: support@hyve.gg --- By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.