Introduction

Welcome to Pokétwo, a service provided by HFYM LLC. We're glad to have you here! These terms of service (the "Terms of Service" or "Terms") are a binding contract between you and HFYM LLC (referred to as "HFYM", the "Company", "we", "us", or "our"). These Terms of Service describe the rules and conditions that govern your use of our website(s), product(s), bot(s), and related services (collectively, "Pokétwo" or the "Services"), and hereby incorporate our Privacy Policy located at https://poketwo.net/privacy (the "Privacy Policy").

By accepting these Terms of Service, or using or accessing our Services, you agree (i) that you are 13 years of age, (ii) if you are the age of majority in your jurisdiction, that you have read, understood, and agree to be legally bound by these Terms and Privacy Policy, and (iii) if you are under the age of majority in your jurisdiction, that your legal guardian has reviewed and agreed to the Terms and Privacy Policy. If you object to any of these terms, please do not use the Services.

Acceptable Use

The Services may only be used within the scope of what they are provided for, under these Terms and applicable law. By accessing the Services, you agree that you shall not use the Services in a manner that:

• violates these Terms, or any applicable laws, regulations, or contractual agreements, including, when relevant, the Discord Terms of Service, which can be found at https://discord.com/terms;
• infringes on the intellectual property rights of any party (including HFYM);
• is threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, obscene, or otherwise objectionable;
• jeopardizes the security of your or any other person's account (such as exposing login credentials);
• attempts, in any manner, to obtain passwords, accounts, or other private information from other users;
• interferes or attempts to interrupt the proper operation of the Services;
• exploits or publicly informs other members of any error or bug which gives an unintended advantage;
• involves programs or operations designed to falsely resemble or impersonate the Services to deceive other users;
• involves the development, distribution, or use of unacceptable software programs (as listed below);
• involves the unapproved exchange of Virtual Currency or Virtual Goods (as defined below) outside the Services; or
• condones, benefits from, or is otherwise in connection with any person who violates these Terms.

We reserve the right to terminate or suspend your access to the Services immediately, without prior notice, and under our sole discretion, for any or no reason whatsoever, including, without limitation, a violation of any of the foregoing, any other behavior deemed a violation of the Terms of Service, or sufficient reason to believe you have willingly and knowingly supported or condoned behavior from another user that violated the Terms of Service.

If you are unsure whether an action may violate the Terms of Service, please contact the Company for pre-approval.

Acceptable Software Programs

The Services are intended to be used by humans only. To ensure a fair and equitable experience for all users, you shall not develop, distribute, or use software programs that interact with the Services in a matter that:

• involves the automated sending of messages to influence the spawning of Pokémon ("autospamming");
• involves the automated catching of Pokémon ("autocatching");
• involves the automated use of the market or auction systems ("autosniping", "autobidding"); or
• otherwise automates interations with the Services, including the use of "selfbots" and other "auto" programs.

Virtual Currency and Virtual Goods

The Services may include opportunities to obtain virtual currency including "Pokécoins" and "Shards" ("Virtual Currency") or virtual goods including "Pokémon" and "Redeems" ("Virtual Goods"). Unless otherwise stated, such Virtual Currency and Virtual Goods are not tradable, exchangeable or redeemable against any traditional currency, any other digital currency, goods or any other values.

By purchasing or obtaining Virtual Currency or Virtual Goods, you acknowledge and agree that they may only be used within the Services for the purposes expressly authorized by the Company within the Services. You shall not transfer, purchase, sell, or exchange such Virtual Currency or Virtual Goods outside of the Services for value of any kind ("crosstrading", "third-party trading"). Examples of unacceptable behavior include, but are not limited to:

• the exchange of Virtual Currency or Virtual Goods for traditional currency, such as the U.S. Dollar;
• the exchange of Virtual Currency or Virtual Goods for cryptocurrency, such as Bitcoin or Ethereum;
• the exchange of Virtual Currency or Virtual Goods for any other paper or digital currency; and
• the exchange of Virtual Currency or Virtual Goods for currencies, goods, and other items within unapproved third-party services (as listed below), including, but not limited to, social media platforms, games, and other Discord bots.
  • An exception to the foregoing rule shall be made in cases where Virtual Currency or Virtual Goods are compensated as an incentive for users to use Discord's "server boosting" feature.

A violation of any of the foregoing may result in suspension of your access to the Services. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion.

Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. In case of contract or account suspension for any cause attributable to you, any and all unused Virtual Currency and Virtual Goods shall be forfeited and no refund shall be granted.

Approved Third-Party Services

Currently, the following services have been approved for third-party trading. The exchange of Virtual Currency or Virtual Goods for currencies, goods, or items within services not listed below is a violation of the Terms of Service.

• P2HB (Discord bot, Application ID: 818706022675120138)

Terms and Conditions of Sale

While we will not charge you a fee to use the basic functionality of the Services, certain products and services on the Services are provided on the basis of payment (the "Paid Services"). The fees, duration and conditions applicable to the purchase of such Paid Services are described below and in the dedicated sections of the Services.

Product Descriptions

Prices, descriptions or availability of products are outlined in the respective sections of the Services and are subject to change without notice. While products on the Services are presented with the greatest accuracy technically possible, representation on the Services through any means (including graphic material, images, colors, and sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Prices

Stated prices on the Services may not include sales and use taxes. However, users are informed during the purchasing process and before order submission, about any fees, taxes and costs that they will be charged. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.

Billing

We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe's Terms of Service at https://stripe.com/checkout/legal and their Privacy Policy at https://stripe.com/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor.

Refunds

WE DO NOT GUARANTEE ANY REFUNDS OR CREDITS FOR FEES ALREADY PAID FOR THE PAID SERVICES, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF YOUR TERMINATION OR CANCELLATION OF THE PAID SERVICES. WE MAY REFUSE A REFUND FOR ANY OR NO REASON WHATSOEVER, AT OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO MODIFY OUR REFUND POLICY AT ANY TIME.

Liability and Indemnification

Disclaimer of Warranty

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

Indemnification

You agree to indemnify and hold the Company harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorney's fees) arising from or in any way related to any claims relating to (i) your use of the Services (including any actions taken by a third party using your account), and (ii) your violation of these Terms.

Miscellaneous

Service Interruption

To ensure maximum performance and level of service, the Company reserves the right to interrupt the operation of the Services for maintenance at any time, informing users appropriately. The Company may also decide to terminate the Services altogether at any time. If the Services are terminated, the Company will cooperate with users to enable them to withdraw personal data in accordance with the law.

Additionally, the Services may not be available due to reasons outside the Company's reasonable control.

Changes to These Terms

The Company reserves the right to update these Terms of Service at any time. If our Terms change, we will post a notice on our site located at https://poketwo.net and/or notify you by email or other means. Unless we state otherwise, your continued use of the Services after we post modifications to the Terms constitutes your agreement to those changes. If you object to the changes, please do not continue using the Services.

Contacting Us

In the case of any questions or concerns regarding these Terms of Service, please send a message to support@poketwo.net, and we will do our best to resolve your concerns.