Terms of Service

Please read these Terms of Service ("Terms") carefully. By downloading, accessing, or using the Hype Overlay software and related services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

Hype Overlay provides a software tool utilizing local computer vision to scan Trading Card Game (TCG) cards via webcam and display real-time pricing data and custom animations via Open Broadcaster Software (OBS) loops or similar broadcast tools.

2. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The Service, including all features, animations, and pricing data, is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

WE DO NOT GUARANTEE:

• That the Service will meet your specific streaming requirements.
• That the computer vision card recognition will be 100% accurate, error-free, or function correctly with all webcams, lighting conditions, or card types.
• That the financial valuation or market pricing data provided by the Service is accurate, up-to-date, or reliable.
• That the Service will be uninterrupted, timely, or completely secure.

3. Not Financial Advice

The pricing information and card valuations fetched by Hype Overlay (e.g., via PriceCharting or other third-party APIs) are strictly for entertainment and broadcast enhancement purposes only. Hype Overlay is NOT a financial tool, and any values presented are estimates that fluctuate rapidly. We are not responsible for any purchases, sales, or financial decisions you make based on the data displayed by the Service.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CREATORS, DEVELOPERS, OR AFFILIATES OF HYPE OVERLAY 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:

• Your access to, use of, or inability to access or use the Service.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party.
• Any errors or omissions in the computer vision scanning or pricing data.
• Any loss of income, revenue, sponsorships, or streaming audience due to software crashes, downtime, or OBS integration failures during a live broadcast.

In no event shall our aggregate liability for any claims relating to the Service exceed the amount you paid us over the past twelve (12) months or fifty US dollars ($50.00), whichever is greater.

5. Third-Party Services and APIs

Hype Overlay integrates with third-party software and systems, including but not limited to OBS, Stripe, and third-party pricing APIs (e.g., PriceCharting).

• We are not responsible for the availability or accuracy of third-party systems.
• If a third-party API changes its structure, goes offline, or alters its terms of service, it may break core functionalities of Hype Overlay. We are not liable for any such disruptions.
• You are responsible for complying with the Terms of Service of platforms where you broadcast (e.g., Twitch, YouTube, Kick).

6. Intellectual Property

Hype Overlay and its original content, features, and functionality (including animations, interface, and logic engine) are owned by the Hype Overlay developers.

Trademarks and Copyrights: Hype Overlay is an independent tool and is NOT affiliated with, endorsed by, sponsored by, or associated with Nintendo, The Pokémon Company, Creatures Inc., Game Freak, or any other Trading Card Game publishers. "Pokémon" and all related names and imagery are trademarks of their respective owners.

7. Subscriptions and Payments

If you utilize paid features of Hype Overlay, all transactions are processed securely via third-party gateways (e.g., Stripe).

• Refunds: All payments are non-refundable unless otherwise required by law.
• We reserve the right to modify subscription tiers, pricing, or the limits of the Free Tier at any time with prior notice.

8. User Conduct

You agree not to use the Service to:

• Broadcast illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content.
• Reverse engineer, decompile, or disassemble the Service or its local Vision Engine.
• Bypass or attempt to circumvent the licensing or payment mechanisms.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

11. Contact

If you have any questions about these Terms, please contact support through the appropriate channels listed on our website.