Hydra Cloud Gift Terms

1. Object of the Contract

1.1. These terms govern the purchase and activation of Hydra Cloud gifts offered by Hydra Launcher, the trade name of the Brazilian legal entity Hydra Software LTDA, a Limited Liability Company headquartered at Avenida Paulista, No. 1636, Room 1504, São Paulo, SP, Brazil. The company was established on August 12, 2024, and is registered under the National Registry of Legal Entities (CNPJ) No. 56.480.159/0001-05.

1.2. For these terms, the Buyer is the user who purchases a Hydra Cloud gift, and the Recipient is the user account selected to receive and activate it.

1.3. The gift grants the Recipient access to Hydra Cloud for the duration selected at checkout, subject to these terms, the Hydra Launcher Terms of Use, and the Privacy Policy.

2. Gift Purchase and Eligibility

2.1. A Buyer may purchase a one-time Hydra Cloud gift lasting 1 or 3 months. The applicable price, currency, duration, and payment method will be displayed before the Buyer confirms payment.

2.2. The platform determines whether a Recipient is eligible at the time the gift is created. Among other requirements, the Recipient must be a valid Hydra Launcher user who accepts Cloud gifts and is not prevented from receiving a gift because of account, relationship, or existing direct-subscription restrictions.

2.3. The Buyer is responsible for checking the Recipient's identity and account before confirming the purchase. A mistake in the selected Recipient does not create a right to transfer or reassign a confirmed gift.

2.4. The Buyer may include an optional personal message. The message must comply with applicable law and the Hydra Launcher Terms of Use and must not contain unlawful, abusive, infringing, or harmful content.

3. Payment, Cancellation, and Refunds

3.1. A Hydra Cloud gift is a one-time purchase. It does not create an automatically renewing subscription and does not charge the Recipient.

3.2. A payment may be canceled only while it is pending and only when the payment provider supports and confirms the cancellation. A cancellation request does not take effect if payment has already been confirmed.

3.3. Once payment is confirmed, the gift is final, irreversible, non-transferable, and non-refundable. Neither the Buyer nor the Recipient may decline, cancel, exchange, or convert the gift into money, credit, or another product, except when a refund, withdrawal, or other remedy is required by applicable law.

3.4. Nothing in these terms excludes or limits any consumer right that cannot lawfully be waived.

4. Delivery and Activation

4.1. After payment is confirmed, Hydra Launcher makes the gift available to the Recipient and may notify the Recipient through the platform or by email.

4.2. The Recipient must manually accept the gift before the gifted Hydra Cloud period begins. A paid gift remains available for acceptance and does not expire merely because it has not yet been accepted.

4.3. If the Recipient already has active Hydra Cloud access obtained from another gift, the new gift period is added after the end of the existing gifted period. Multiple eligible gifts may therefore accumulate.

4.4. Changes made after payment to account settings, gift preferences, relationships between users, or account status do not automatically cancel, transfer, or refund a paid gift. Account deletion does not create an automatic right to a refund.

5. Description of the Gifted Service

The gifted Hydra Cloud period includes the same service features and operational limitations applicable to the Hydra Cloud plan, including:

• Cloud Saving: Automatic storage of game files in system-mapped folders, with up to 2 backups per game and a maximum storage capacity of 500MB per backup. The contents of mapped folders may be stored without distinguishing or filtering files unrelated to the game.
• Profile Achievements: Storage and display of unlocked game achievements on the Recipient's public profile, subject to applicable profile and privacy settings.
• VikingFile Downloads: Resolution of supported VikingFile links to facilitate downloads through Hydra Launcher, subject to fair-use, technical, and third-party availability limitations.

The end of the gifted period ends the Recipient's access to paid Hydra Cloud features unless the Recipient has another active entitlement. It does not create an automatic renewal or payment obligation.

6. Obligations of the Parties

6.1. Hydra Launcher Obligations: Hydra Launcher will use reasonable efforts to keep the gifted service operational, except in cases of force majeure, maintenance, technical failures, or circumstances beyond its reasonable control.

6.2. Buyer Obligations: The Buyer must provide accurate purchase information, select the intended Recipient, use an authorized payment method, and comply with applicable laws and platform terms.

6.3. Recipient Obligations: The Recipient must use Hydra Cloud lawfully and is responsible for ensuring that stored or downloaded content is legally obtained and does not infringe third-party rights.

7. Third-Party Services and Limitation of Liability

7.1. Some Hydra Cloud functionality depends on third-party infrastructure or services, including payment providers and VikingFile. Hydra Launcher does not control those third parties and does not guarantee the continued availability, speed, content, or operation of their services.

7.2. Hydra Launcher is not responsible for data loss, system failures, unavailable third-party files, interruptions, damages, or losses resulting from use of the service, except where responsibility cannot be excluded under applicable law or in cases of proven intent or bad faith.

7.3. Hydra Launcher does not guarantee that backup files are error-free or undamaged. The Recipient is responsible for verifying the integrity and legality of stored and downloaded content.

8. Privacy and Data Protection

8.1. Personal data of the Buyer and Recipient will be processed in accordance with the Hydra Launcher Privacy Policy, Brazil's General Data Protection Law (LGPD), and other applicable regulations.

8.2. Hydra Launcher may process the Buyer and Recipient account information, the personal message, payment details, and contact information necessary to process, deliver, notify, and activate the gift. Payment information may also be processed by the selected payment provider under its own terms and privacy policy.

9. Modification of These Terms

9.1. Hydra Launcher reserves the right to change these terms. Users will be informed at least 30 days in advance of material changes where required or applicable.

9.2. Changes do not remove an already paid Recipient's gifted duration. Continued use of the service after changes take effect constitutes acceptance to the extent permitted by applicable law.

10. Jurisdiction and Governing Law

These terms are governed by the laws of the Federative Republic of Brazil. The courts of São Paulo, SP, are elected as the competent forum to resolve disputes arising from these terms, without limiting any forum or consumer right that cannot lawfully be waived.