Terms & Conditions
Effective Date: January 10, 2025
Summary for Parents and Users
Hyperactive Games’ Active Minds game bundle is an interactive, AI-powered educational platform designed primarily for children ages 5–12, with parental oversight and involvement. This User Agreement sets out the rights and responsibilities of all users, including account creation, acceptable use, privacy and data protection, intellectual property, payment terms, and dispute resolution. We strive to create a safe, educational, and fun environment while ensuring full compliance with global data protection and child safety laws such as COPPA, GDPR, KVKK, APPI, PDPA, and PIPA. Parents are encouraged to read this Agreement thoroughly before allowing their children to use our services.
1. Acceptance of the User Agreement
By accessing or using the Hyperactive Games website (https://hyperactive.games), mobile application, or any related services (collectively, the “Service”), you (the “User”) agree to be bound by this User Agreement (“Agreement”) and our Privacy Policy. If you do not agree with these terms, you must not use our Service.
2. Eligibility and Account Creation
2.1 Eligibility
• The Service is intended for children ages 5–12, their parents, educators, and other authorized users.
• Users under the age of 13 must have verifiable parental consent to create an account and use the Service.
2.2 Account Registration
• Users are required to register using accurate, current, and complete information.
• Accounts may be created using an email address and password, or via third-party authentication services (e.g., Apple or Google Sign-In).
• Parents or guardians must review and consent to all terms on behalf of any child under the applicable age limit.
3. Parental Consent and Responsibility
• Parental Consent:
For users under the age of 13, explicit parental consent is required before any personal data is collected or processed. By creating an account for a child, you (as the parent or legal guardian) acknowledge and agree to all provisions in this Agreement and our Privacy Policy.
• Parental Responsibility:
Parents are responsible for monitoring their child’s use of the Service, ensuring compliance with this Agreement, and contacting us with any questions or concerns regarding the child’s data or behavior on the platform.
4. Privacy and Data Protection
• Our collection, use, and protection of personal data are governed by our Privacy Policy which is incorporated herein by reference.
• We collect personal data (such as profile names, email addresses, IP addresses, device information, and in-game performance data) to provide, personalize, and improve the Service.
• The processing of data is based on explicit parental consent, legitimate interests, and legal obligations. Users have rights under applicable data protection laws (e.g., GDPR, KVKK, COPPA, APPI, PDPA, and PIPA) to access, correct, or delete their data.
• Hyperactive Games does not share personal data with third parties for marketing purposes without explicit consent, except as detailed in the Privacy Policy.
5. Acceptable Use and User Conduct
5.1 Acceptable Use
• Users agree to use the Service solely for its intended educational purposes.
• The Service must not be used for any unlawful, harmful, or unauthorized activities.
5.2 Prohibited Conduct
• Unauthorized access, data mining, or any attempt to disrupt the integrity of the Service.
• Uploading, sharing, or disseminating content that is illegal, offensive, or harmful.
• Misconduct in any multiplayer or interactive features, including harassment, cheating, impersonation, or disruptive behavior.
• Any behavior that violates community guidelines or interferes with other users’ experiences.
5.3 Community Guidelines
• Users (and parents) must ensure that all shared content (comments, game data, user-generated content) adheres to our standards for respectful and constructive interaction.
• Inappropriate or harmful content is strictly prohibited, and such conduct may result in immediate suspension or termination of the account.
6. User-Generated Content
• Ownership and License:
Users retain ownership of the content they create. However, by posting or sharing content on the Service, you grant Hyperactive Games a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute the content for the purpose of operating and promoting the Service.
• Content Standards:
Users must ensure that any content submitted does not contain harmful, offensive, or illegal material. Hyperactive Games reserves the right to remove any user-generated content that violates these standards without notice.
7. Intellectual Property Rights
• All intellectual property rights, including copyrights, trademarks, and proprietary technology, related to the Service and its content are owned exclusively by Hyperactive Games or its licensors.
• Users are prohibited from copying, modifying, distributing, reverse-engineering, or otherwise exploiting any part of the Service without express written consent.
• The content provided on the Service is for personal, non-commercial use only unless otherwise specified.
8. Payment, Subscription, and Billing Terms
8.1 Payment Terms
• Certain features of the Service may be available via paid subscriptions or in-app purchases.
• Pricing and payment methods may vary based on the platform or region (e.g., through Apple, Google, Stripe, or Iyzico).
8.2 Billing and Refunds
• Subscription fees, if applicable, are billed automatically according to the selected plan. Users may cancel auto-renewal at any time.
• Refund and cancellation policies are subject to the terms and conditions of the respective payment processor and any additional policies published on our website or within the app.
9. Termination and Suspension
• Hyperactive Games reserves the right to suspend or terminate any account at its sole discretion, including but not limited to violations of this Agreement, misuse of the Service, or any conduct deemed harmful to other users.
• In the event of termination, access to the Service will be revoked, and any data may be deleted in accordance with our data retention policies.
10. Disclaimers, Limitation of Liability, and Indemnification
10.1 Disclaimers
• The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.
• Hyperactive Games does not guarantee uninterrupted, error-free service. The educational content provided is not a substitute for formal schooling, and parental supervision is recommended.
10.2 Limitation of Liability
• In no event shall Hyperactive Games be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the use of the Service, including loss of data or interruption of service.
10.3 Indemnification
• Users agree to indemnify, defend, and hold harmless Hyperactive Games, its affiliates, officers, and employees from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from their use of the Service or violation of this Agreement.
11. Dispute Resolution and Governing Law
11.1 Dispute Resolution
• In the event of any disputes arising from or relating to this Agreement, the parties agree to first attempt to resolve the dispute through informal negotiations or mediation.
• If a resolution cannot be reached, the dispute will be submitted to arbitration or legal proceedings as determined by the governing law.
11.2 Governing Law
• This Agreement is governed by and construed in accordance with the laws of the designated jurisdiction. Given the global nature of our service, disputes may be resolved in a jurisdiction agreed upon by the parties (for example, Australia or another mutually acceptable location), while ensuring compliance with all applicable regulations (COPPA, GDPR, KVKK, APPI, PDPA, and PIPA).
12. Modifications to the Agreement
• Hyperactive Games reserves the right to modify or update this Agreement at any time. Users will be notified of significant changes through the Service or via email.
• Continued use of the Service following any changes indicates acceptance of the modified Agreement.
13. Contact Information
If you have any questions, concerns, or requests regarding this Agreement, please contact us at:
• Email: hello@hyperactive.games
• Postal Mail:
Trueyogi Wellness Teknoloji Ticaret ANONİM ŞİRKETİ
Mustafa Kemal Mh. Dumlupınar Blv. No:280G/1260
METU Technopolis, Çankaya
Ankara, TURKEY
By accessing or using the Hyperactive Games Service, you acknowledge that you have read, understood, and agree to be bound by this User Agreement, including all terms related to privacy, acceptable use, intellectual property, payments, and dispute resolution. If you do not agree with any part of this Agreement, please do not use our Service.
Please review this draft and let me know if there are any additional clauses or details you would like to include or modify.