Privacy Policy & Terms of Service

2. Disclaimer of Warranties ("AS IS" & "AS AVAILABLE")

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITES, SOFTWARE APPLICATIONS, DIGITAL GAMES, CODE ARTIFACTS, CONTENT, AND DOCUMENTATION PROVIDED BY HOOLYP ARE DELIVERED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

HOOLYP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, HOOLYP MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BUSINESS OBJECTIVES; (B) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, BUG-FREE, OR ERROR-FREE; (C) DEFECTS WILL BE DETECTED OR CORRECTED; OR (D) THE SERVERS, CODE, OR COMMUNICATIONS USED IN CONNECTION WITH THE SERVICES ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. YOU USE AND RELY UPON THE SERVICES AT YOUR SOLE RISK AND DISCRETION.

3. Limitation of Liability & Monetary Damages Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOOLYP, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, INDEMNITY, OR OTHERWISE) FOR ANY:

• Indirect, incidental, consequential, special, exemplary, or punitive damages;
• Loss of profits, revenue, contracts, anticipated savings, or commercial opportunity;
• Loss of data, corruption of databases, loss of goodwill, reputation, or business interruption;
• Device malfunction, computer failure, network downtime, or system outages; or
• Cost of procurement of substitute goods, technology, or services.

THE FOREGOING EXCLUSIONS APPLY REGARDLESS OF WHETHER HOOLYP HAS BEEN INFORMED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SPECIFIED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or incidental/consequential damages. In such jurisdictions, Hoolyp's liability shall be limited to the maximum extent permissible under applicable law.

4. Mandatory Binding Individual Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS.

5. User Indemnification

You agree to defend, indemnify, and hold harmless Hoolyp, its founders, officers, directors, employees, contractors, agents, licensors, and affiliates from and against any and all claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or resulting from:

• Your breach or alleged breach of any term, condition, or representation in this Agreement;
• Your access to or misuse of the websites, digital games, or Services;
• Your violation of any applicable federal, state, local, or international law, statute, or regulation;
• Your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, or other proprietary rights of any third party; or
• Any fraudulent, willful, or negligent acts or omissions by you or anyone using your device.

Hoolyp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hoolyp in asserting any available defenses.

6. Intellectual Property & Acceptable Use

Studio Intellectual Property: All website text, visual branding, graphics, typography, interactive story mechanics, animated illustrations (including the Hoolyp fox mascot), sound effects, game code, mechanics, shaders, and visual designs are the proprietary property of Hoolyp or its licensors and are protected by United States and international copyright, trademark, and unfair competition laws. You acquire no right, title, or interest in any Hoolyp IP other than a personal, revocable, non-exclusive, non-transferable license to access the public website and play games as intended.

Acceptable Use Restrictions: When accessing or using any Service, you agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any mobile game or platform software;
• Scrape, crawl, harvest, or index our websites or APIs using automated bots or headless scripts without written authorization;
• Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful code;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any server, computer, or database connected to our Services; or
• Use the Services for any unlawful, fraudulent, defamatory, or abusive purpose.

7. App Store Developer Terms (Apple App Store & Google Play)

If you download or access our mobile applications or games through the Apple App Store or Google Play Store, the following supplemental terms apply:

• Sole Contract: You acknowledge that this Agreement is between you and Hoolyp only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Hoolyp, not Apple or Google, is solely responsible for the applications and their content.
• Maintenance & Support: Hoolyp is solely responsible for providing any maintenance and support services for the apps. Apple and Google have no obligation whatsoever to furnish any maintenance or support services.
• Purchases & Refunds: All in-app purchases are billed and processed directly through the respective platform (Apple or Google). To request a refund for an iOS purchase, you must follow Apple's procedures at reportaproblem.apple.com. For Android, requests are handled via your Google Play account history. Consumable items used during gameplay cannot be restored once consumed.
• Third-Party Beneficiary: You acknowledge and agree that Apple, Google, and their respective subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce this Agreement against you as a third-party beneficiary.

8. Information We Collect

Hoolyp believes in radical data minimization. We do not require you to create an account, register a username, or provide your real name or personal credentials to browse our website or play our mobile games.

9. How We Use Information & Non-Sale Declaration

We use collected information solely for legitimate operational and technical purposes:

• To provide, operate, debug, and maintain our websites, apps, and games;
• To evaluate and respond to studio client inquiries and schedule project consultations;
• To restore digital entitlements and prevent purchase fraud;
• To deliver voluntary ad experiences and measure campaign stability; and
• To comply with applicable legal, accounting, and regulatory obligations.

10. California Privacy Rights (CCPA / CPRA & CalOPPA)

If you are a California resident, the California Consumer Privacy Act ("CCPA") as amended by the California Privacy Rights Act ("CPRA") provides you with specific rights regarding your personal information:

• Right to Know: You may request the categories and specific pieces of personal information collected about you in the preceding 12 months.
• Right to Delete: You have the right to request deletion of your personal information, subject to statutory exceptions. Local save data can be deleted immediately by uninstalling the application.
• Right to Correct: You have the right to request correction of inaccurate personal information.
• Right to Non-Discrimination: We will never discriminate against you, deny you services, or alter pricing for exercising your privacy rights.
• Do Not Sell or Share: We do not sell or share personal information for cross-context behavioral advertising.

To exercise any California privacy rights, email your request to privacy@hoolyp.com with the subject line "California Privacy Request."

11. European Union & UK Privacy Rights (GDPR & UK GDPR)

For users located in the European Economic Area (EEA), United Kingdom, or Switzerland, we process personal data under the following legal bases:

• Contractual Necessity: To fulfill project agreements and deliver apps requested by you;
• Consent: Where you provide express consent (such as mobile tracking consent via App Tracking Transparency or consent management platforms); and
• Legitimate Interests: To secure our systems, prevent fraud, and monitor application stability.

You possess statutory rights under the GDPR, including the right of access, rectification, erasure ("right to be forgotten"), restriction of processing, data portability, and the right to object. You also have the right to lodge a complaint with your national Data Protection Authority (DPA) or the UK Information Commissioner's Office (ICO).

12. Children's Privacy (COPPA Compliance)

Our website, consulting services, and digital applications are directed to general audiences aged 13 and older (or 16 and older in the EEA/UK). We do not knowingly collect, solicit, or maintain personal information from children under the age of 13.

If we discover that a child under 13 has provided us with personal information without verified parental consent, we will promptly delete that information from our records. If you believe your child has submitted personal information to us, please notify us immediately at privacy@hoolyp.com.

13. Data Security, Retention & Third-Party Services

We employ industry-standard technical and organizational security measures—including TLS 1.3 encryption for data in transit and strict access controls—to safeguard information. While no digital system is completely impenetrable, our architecture minimizes risk by refusing to store sensitive passwords, payment credentials, or unnecessary personal identifiers.

We retain contact submissions only as long as necessary to complete client discussions or satisfy tax, accounting, and legal requirements. Diagnostic records are aggregated and periodically purged.

14. Governing Law, Severability & Entire Agreement

Governing Law: This Agreement and any dispute arising out of or related to your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and all remaining provisions of this Agreement shall remain in full force and effect.

Entire Agreement & No Waiver: This Agreement constitutes the complete and exclusive understanding between you and Hoolyp regarding the public website, digital games, and general services, superseding all prior oral or written agreements. Hoolyp's failure to enforce any right or provision shall not constitute a waiver of future enforcement of that or any other right.

Modifications: We reserve the right to revise or update this Agreement at any time. When updates are published, we will revise the "Last Updated & Effective Date" at the top of this page. Your continued use of any Service following the posting of revised terms constitutes your acceptance of the changes.

15. Contact Information & Legal Inquiries

If you have any questions, legal notices, dispute communications, or privacy requests regarding this Agreement, please contact our designated legal and privacy desk: