Terms of Service for HypurrFi
By using HypurrFi ("Service"), you agree to these Terms of Service ("Terms"). If you disagree, do not use the Service.
1. Service Description
HypurrFi is a digital asset lending market on HyperEVM, operated by Last Labs Inc., a Delaware S-Corp. It incorporates USDXL, an overcollateralized hybrid synthetic dollar.
2. Account Registration
- Provide accurate details when registering.
- You’re responsible for securing your account and all its activities.
3. Use of Service
- Use the Service lawfully and per these Terms.
4. USDXL Synthetic Dollar
- What is USDXL?: USDXL is an overcollateralized hybrid synthetic dollar intended to target a particular value. However, its value is not guaranteed to be pegged to $1 USD or any other currency. It may vary due to market conditions or other factors.
- Your Responsibility: You accept all risks of using USDXL, including:
- Value changes from market volatility or depegging.
- Potential smart contract issues.
- No Assurance: Last Labs Inc. does not promise USDXL’s value, stability, or performance. You use it at your own risk.
5. Risks and Disclaimers
- Risks You Accept: Using the Service and USDXL involves risks like:
- Loss from borrower defaults, market shifts, or USDXL value drops.
- Blockchain or smart contract failures (e.g., bugs or hacks).
- As-Is Service: The Service and USDXL are provided "as is," with no warranties on accuracy, reliability, or uptime.
- No Liability: Last Labs Inc. isn’t responsible for losses from:
- Your use of the Service or USDXL.
- Technical failures or third-party actions.
- USDXL value fluctuations.
- Your Duty: You bear all risks of lending, borrowing, and using USDXL. We’re not a lender, borrower, or advisor and don’t guarantee outcomes.
6. Limitation of Liability
- Scope: To the maximum extent allowed by law, Last Labs Inc. isn’t liable for indirect, special, or consequential damages, or loss of profits or funds from using the Service or USDXL.
7. Indemnification
- You agree to protect Last Labs Inc. and its team from claims, damages, or costs (including legal fees) tied to your use of the Service, USDXL, or breaches of these Terms.
8. Governing Law
- Delaware law governs these Terms, ignoring conflict of law rules.
9. Dispute Resolution
- Arbitration: Disputes go to binding arbitration in Delaware, individually.
- No Class Actions: You waive class action rights.
- Court Option: Either party can seek injunctive relief in Delaware courts.
10. Changes to Terms
- We may update these Terms. Continued use means you accept the changes.
11. Additional Provisions
- Full Agreement: These Terms are the complete deal between us.
- Uncontrollable Events: We’re not liable for delays from unforeseen events (e.g., cyberattacks).
- Severability: Invalid provisions don’t affect the rest.
12. Card Issuer has no relationship to The HypurrFi Protocol and other DeFi protocols
The HypurrFi Protocol and other DeFi protocols that may be used to access credit from time to time (collectively, "The DeFi Protocols") are decentralized finance platforms that operate on the blockchain network and extend credit to you based on criteria established solely by The DeFi Protocols. Issuer is not party to The DeFi Protocols terms and conditions. Issuer does not originate or extend credit to you in connection with The DeFi Protocols services but instead issues you a Card and the right to access credit extended through The DeFi Protocols credit transactions. The DeFi Protocols are solely responsible for their credit services, including evaluation, approval, and denial of your credit application. Issuer has no responsibility for, and does not in any way participate in, The DeFi Protocols credit transaction.
You understand that by using the Card you are agreeing that the Issuer does not have any affiliation or liability related to any interactions between you and The DeFi Protocols. The DeFi Protocols, including your access and use of those services, are governed by your separate terms of service for the App or The DeFi Protocols, and you acknowledge Issuer is not a party to either of those Agreements. By using the App, you understand that you are not buying or selling digital assets from either the card issuer or Platform Partner. You understand that Issuer is not affiliated with and has no relationship to The DeFi Protocols or any assets that are loaned by The DeFi Protocols. Any fees associated with The DeFi Protocols accrue to providers in The DeFi Protocols and neither the Issuer or Platform Partner have control over those fees. You also understand that the Issuer does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents.
You acknowledge and agree that you will access and use the Services of the App, including, without limitation, The DeFi Protocols at your own risk and will not hold Issuer or its affiliates responsible for any interaction with The DeFi Protocols. Should you have any issues with a transaction that is not a Card purchase, you should refer to your terms of service with either the App or The DeFi Protocols. Should you have any issue with a transaction completed with your Card, please contact Issuer through the customer service channels listed in your cardholder agreement.
13. Contact Us
- Questions? Contact us at https://golast.typeform.com/to/P6s0813o