These Terms of Service ("Terms") govern your use of Hype, the marketplace operated by Hyper Attention Inc., a Wyoming corporation ("Hype", "we", "us"), through the Hype iOS app and the website at buildhype.app (together, the "Service"). By creating an account or using the Service you agree to these Terms. If you use the Service on behalf of a business, you represent that you have authority to bind that business.
Hype connects local businesses ("Businesses") with short-form video creators ("Creators"). Businesses post campaigns describing videos they want made; Creators apply, get hired, film, and deliver. Hype provides the marketplace, messaging, review tools, escrow, and payouts. Hype is not a party to the agreement between a Business and a Creator, except as described in Section 6 (Gig Agreements) and Section 7 (Payments).
You must be at least 18 years old to use the Service. You are responsible for your account credentials and for everything that happens under your account. Each person may hold one Creator account and each business one Business account. We may suspend or terminate accounts that violate these Terms, misrepresent themselves, or put other users at risk.
As a Creator you agree to: (a) film and deliver the videos described in a campaign brief by the delivery deadline; (b) disclose the paid relationship in every post using the platform's branded-content tools and a clear hashtag such as #ad, as required by the FTC and the platform; (c) only submit content you created, that you have the right to license, and that does not infringe anyone's rights or violate platform rules; (d) accurately report performance data when asked; and (e) not solicit or accept payment from a Business outside the Service for work sourced through Hype for twelve months after your last gig with that Business.
As a Business you agree to: (a) fund a campaign's full budget before it goes live; (b) describe deliverables, perks, and locations accurately; (c) review submitted videos within seven days of delivery and either approve them or request changes with a clear reason; (d) treat Creators with respect and provide safe filming conditions; and (e) not solicit Creators to work outside the Service for twelve months after a gig sourced through Hype.
Creators own the videos they make. When a Business approves a video, the Creator grants that Business a worldwide, perpetual, non-exclusive license to use, reproduce, and display the video and derivatives of it on the Business's own channels, website, and paid advertising, in connection with the campaign's subject. Creators also grant Hype a license to display submitted content within the Service (for example, in review tools and portfolios). Neither Business nor Hype may sell a Creator's content to third parties without the Creator's written consent.
When a Business hires a Creator, Hype generates a Gig Agreement for that engagement that restates the deliverables, timeline, compensation, perks, license, and disclosure duties from the campaign. Both parties must sign it electronically inside the Service before videos can be submitted or payments released. Your electronic signature on a Gig Agreement is binding, and each signed agreement is stored with a timestamp and a hash of its text so it cannot be altered afterward. These Terms are incorporated into every Gig Agreement; if they conflict, the Gig Agreement controls for that engagement.
Businesses add funds to a Hype wallet through our payment processor. When a campaign is posted, its full budget moves into escrow. Each time the Business approves a video, the per-video amount is released to the Creator's Hype balance immediately. Hype deducts a platform fee of three percent (3%) from each Creator payout. Perk reimbursements (receipts a Creator submits for a Business's stated perks) are reimbursed from escrow in full with no platform fee. Creators withdraw their balance to a bank account or card through our payment processor, subject to its identity verification and terms. Unspent campaign budget returns to the Business wallet when a campaign ends. Wallet balances are not interest-bearing and are not deposits.
Creators are independent contractors, responsible for their own taxes. Our payment processor issues tax forms where required. Businesses are responsible for any sales or communications taxes that apply to their purchases.
A Business may request one round of reasonable changes per video before approving it. If a Business does not act on a delivered video within fourteen days, Hype may treat it as approved and release payment. If the parties disagree about whether a video meets the brief, either may ask Hype to review; Hype will decide in good faith based on the brief and the Gig Agreement, and that decision is final within the Service. Chargebacks or payment reversals initiated outside the Service may result in account suspension.
Creators may connect their public social accounts so Hype can collect view counts and similar public statistics for videos made through the Service. Hype collects only publicly available data from those accounts and shows it to the Business that commissioned the video and to the Creator. See the Privacy Policy for details.
You may not: post campaigns for illegal products or services; require Creators to make false claims; harass, discriminate against, or endanger anyone; scrape or reverse-engineer the Service; create fake engagement; or use the Service to circumvent platform rules. We may remove content or campaigns that violate these rules.
Some Business features are offered as subscriptions purchased through the App Store. Subscription pricing, renewal, and cancellation are governed by Apple's terms and are managed in your Apple ID settings. Marketplace fees described in Section 7 apply regardless of subscription.
The Service is provided "as is." Hype does not guarantee that campaigns will attract applicants, that videos will perform, or that any user will fulfil their obligations. To the fullest extent permitted by law, Hype's total liability to you for any claim arising from the Service is limited to the fees Hype received from you in the twelve months before the claim. Hype is not liable for indirect, incidental, or consequential damages.
You may close your account at any time from Settings or by emailing us. Balances will be paid out or refunded according to Section 7 after any open gigs are settled. We may suspend or terminate accounts for violations of these Terms with notice where practical.
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Disputes that cannot be resolved informally will be brought in the state or federal courts located in Wyoming, and you consent to their jurisdiction.
We may update these Terms. Material changes will be announced in the app or by email at least fourteen days before they take effect. Continued use after that date means you accept the new Terms. Questions: legal@hyperattention.ai.