Brands Influencer
Terms of use Brands

Last updated: 30.07.2023 - HYPED DMCC

Please read these terms and conditions carefully before using our service.

These Terms of Use constitute an electronic agreement between the User of the web-page to promote its goods and services as an ADVERTISER (hereinafter the “User”) and [HYPED DMCC., DMCC Business Centre, Unit no.: BA1076, Level no.: 1, Dubai, U.A.E.] (hereinafter “HYPED”) that applies to the User's use of this Application, any and all services, products and content provided by HYPED.

As used herein, “HYPED” refers to the company, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.

These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Application and use the services, products and content of HYPED, which shall govern the collaboration between the User and HYPED. Please read these Terms of Use carefully before agreeing to them.

The User is solely responsible for understanding and complying with any and all laws, rules and regulations of User specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of HYPED.

These Terms of Use incorporate HYPED's Privacy Policy as well as any other policies published on the web-page by reference, so by accepting these Terms of Use, the User agrees with and accepts all the policies published on the web-page.

Should the User not accept any of present terms of use, the User shall not access this web-page and shall not use any of the services, products and content provided by HYPED.

  1. Definitions
    1. Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
      1. Account: means an account registered by the User on the Platform;
      2. Advertiser: means the User who seeks to identify and employ suitable Influencers for the promotion, advertisement or marketing of their goods and services over the internet;
      3. Application: means HypeSociety app;
      4. Deposit: means a Transaction involving the transfer of Funds to an authorized account of third-party Service Providers, lawfully holding such Funds in Escrow until the Transaction is consummated;
      5. Escrow: means Funds kept in the custody of a third party and taking effect only when a specified condition has been fulfilled;
      6. Authorized Financial Institution: means any financial institution or payment service provider with which HYPED or the User interacts in the course or using the Platform, as applicable;
      7. Budget: means the amount of Funds stipulated either algorithmically by the Platform or determined by the Advertiser for a specific campaign introduced to the Platform;
      8. Funds: means the fiat currency utilized for payments to be effected hereunder, which shall be the United States Dollar (USD);
      9. Platform: means an application created by HYPED that allows the Users to offer their services as Influencers and Advertisers to engage them for the promotion of their goods and services;
      10. Influencer: means individuals with specific grades of followers on various social media platforms, indicatively: Instagram, Facebook, Youtube, Twitter, Snapchat, Tiktok, Telegram etc.;
      11. Service(s): means all and any service provided by HYPED, as set out at 2.1;
      12. Site: means the HYPED website at https://www.hypesociety.com;
      13. Transaction Confirmation: an exchanged, written acknowledgment that the transaction has been executed. It is in electronic form and records information such as the date, price, and commission, fees of the Transaction;
      14. Transaction: means the conclusion and consummation of the agreement between either the Advertiser and HYPED or the Influencer and Hyped in regard to the promotion of the Advertiser’s goods and services online through the Influencer;
      15. Transaction fee: means a fee which is payable to HYPED for each completed Transaction amounting to ten per cent (10%) of the stipulated Budget value, which may be reduced on the grounds of specific agreement with Advertisers;
      16. Transaction Price: means the total price paid by the Advertiser in respect to each Transaction performed via the Service;
      17. User: means a person or an entity that uses the Services as either Advertiser or Influencer, agrees to follow the Terms of Use and is a holder of an Account;
      18. Withdrawal: means a Transaction involving a transfer of Funds from the User's Account to the Authorized Financial Services Provider or User bank account or to an account opened in any other financial institution.
    2. Where the context so admits words denoting the singular shall include the plural and vice versa.
  2. Scope of services
    1. These Terms of Use cover the Services, which include allowing all Users of the Platform for the promotion of goods and services on the internet through Influencers’ accounts with various social-media platforms, all services provided in connection with the Transactions, the use of HYPED's Application, website, downloadable material from the HYPED Application, tools for executing Transactions and any other content, services, or features that HYPED may add in the future.
    2. HYPED has developed algorithms for the determination of potential suitability or adequacy of Influencers, which are based on third-party provided statistics and usage data. The Advertiser using such services does hereby acknowledge that HYPED disclaims any liability in the matter of selection of an Influencer, undertakes no declaration nor provides any warranty regarding marketability or suitability of the services of any Influencer to any purpose, whereas selection of an Influencer is entirely up to the Advertiser, whether Advertiser utilizes the algorithmic tool provided by HYPED or selects the Influencer directly. For avoidance of doubt, it is hereby explicitly acknowledged that selection of an Influencer by an Advertiser or HYPED in case “select for me” option is selected does not constitute a commitment otherwise obligation on the Influencer’s part to accept such appointment, which may only happen following an explicit acceptance by the Influencer. The Influencer may never be deemed obliged to accept the Advertiser’s suggestions regarding its marketing campaign and enjoys the freedom to utilize its own methods and exercise freedom of speech and expression. Should Advertiser not agree or be content with the Influencer’s performance, it does hereby waive any claim for a refund based on such grounds, provided that the Influencer actually fulfilled its contractual obligations.
    3. Depending on the User's place of residence, the User may not be able to use all the functions of the Application. It is the User's responsibility to follow those rules and laws in User place of residence and/or place from which the User accesses this Application.
    4. To the maximum extent permissible under the applicable law, neither HYPED nor any of its affiliates will be liable for (a) any loss arising from adhering to the User's written or oral instructions, (b) any loss that the User may suffer by reason of any decision made or other action taken by an account elected to be copied by the User; or (c) specifically any loss arising from any investment decision made or other action taken or omitted in good faith. Nothing in these Terms and Conditions will waive or limit any rights that the User may have under any applicable laws which may not be waived or limited.
  3. User rights and responsibilities
    1. The User has the right to enter and use the Application and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Application, the User agrees to accept and comply with the terms and conditions stated herein.
    2. The User undertakes to read the entire Terms of Use carefully before using the Application or any of the services provided by HYPED.
    3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
    4. The User undertakes to monitor all and any changes on User Account, including but not limited to the credits or debits effected.
    5. The User undertakes to immediately (i.e. right after the moment of discovery) inform HYPED about any unusual, suspicious, unclear, or abnormal changes on User Account. In case of late informing or non-informing, the User will be liable for the breach of the Terms of Use, and HYPED will have the right to take any further steps accordingly, including but not limited to report to the relevant and competent state authorities.
    6. The User agrees that, whenever the Transaction is effected, the Platform sends and receives the monetary sums to/from the Advertiser’s and the Influencer’s Accounts opened in their name and on their behalf with the Authorized Financial Services’ Provider.
    7. The User is responsible for safely storing any access safety features like OTPs, to ensure the inviolability of the User’s account and undertakes to notify HYPED immediately of any unauthorized use of User Account, or any other breach of security by email addressed to support@hypesociety.com. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by HYPED or any user of the Application.
    8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
    9. The User is responsible for any and all damage caused and all liability actions brought against HYPED for infringement of any third party rights or violation of any applicable laws.
    10. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death, or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
    11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status, and risk willingness.
    12. All added payment instruments to User’s Account, be it a credit card, debit card, apple-pay, google-pay, paypal, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.
    13. The User acknowledges that it shall be responsible for all instructions provided; the accuracy of all information sent via the internet in the User's name; and OTPs and any other personal identification means implemented to identify the User.
    14. The User acknowledges that HYPED may refuse to act upon any instruction from a User or any person authorized by the User if HYPED reasonably believes that the transaction, pursuant to the instruction submitted, will be in violation of e.g. usual market practice, and/or applicable law, including, but not limited to legislation on money laundering.
    15. The User acknowledges that HYPED cannot be held liable for the number of days passing between the transfer of funds from the User’s account with the Financial Services Provider until the time that the transferred funds are paid to the recipient.
  4. User representations and warranties
    1. By registering an Account, the User expressly represents and warrants that User:
      1. follows the rules and laws in User country of residence and/or country from which he /she accesses this Application and Services;
      2. has accepted these Terms of Use;
      3. is at least 18 years old and has the right to accept these Terms of Use;
      4. is of sound mind capable of taking responsibility for their own actions;
      5. shall comply with all local regulative provisions, restrictions and law in their country of residence and that they have verified that their use of the Services does not violate any such laws or regulations of any jurisdiction that applies to them.
    2. The User represents and warrants that it will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that it is duly authorized and have the capacity to enter into the Transactions.
    3. The User represents and warrants that funds deposited to the Account belong to the User and derived from legal sources.
    4. The User represents and warrants that it has sought and obtained independent legal and tax advice regarding the utilization of HYPED services contemplated hereby and that it is aware of its tax obligations in accordance with the legislation of its jurisdiction and shall comply with such, whereas HYPED disclaims any liability in connection to any User’s tax obligations.
    5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
  5. HYPED rights and responsibilities
    1. HYPED provides only the services contemplated hereby to the User unless otherwise agreed.
    2. HYPED accepts no obligation to provide advice, surveillance, information or recommendations in respect of any particular Influencer, budget related to any promotional activity or other advice regarding marketability or suitability for any purpose. All budget calculations or Influencer profiles proposed are purely indicative and created algorithmically, by computer programming and on the grounds of statistics provided by third-party providers.
    3. HYPED accepts no obligation to provide any advice to the User on any tax related matters. HYPED encourages the User to obtain independent advice from its financial advisor, auditor and/or legal counsel with respect to tax implications of the respective Services.
    4. HYPED shall have the right to refuse any Transactions at its own discretion, especially regarding goods and services it deems contrary to laws, customs or deontology or Influencers who do not comply with industry standards.
    5. HYPED may quote the User budget-related marketing prices. Notwithstanding this, the User agrees that HYPED has no obligation to quote prices to the User at any time.
    6. HYPED has the right to suspend the User's Account and block the User in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User or at any other time at HYPED’s discretion, without providing prior notice.
    7. HYPED undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use.
    8. HYPED's responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the funds transferred between participants and the Authorized Financial Services Provider.
    9. To the fullest extent permitted by law, HYPED is not responsible for any damages, unless the loss suffered is caused by a direct breach of the Terms of Use by HYPED. In no circumstances is HYPED responsible for loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss.
    10. HYPED is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our Application is unavailable at any given time.
    11. HYPED is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
    12. In the case of fraud, HYPED undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating fraud or any other illegal activity.
    13. Nothing in these terms excludes or limits the responsibility of HYPED for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
  6. HYPED representations and warranties
    1. HYPED shall provide the Services with reasonable care and skill and in accordance with these Terms of Use.
    2. All orders made on the Platform, will be managed in an anonymous manner so that Advertisers and Influencers are not acquainted with each other. The Budget is calculated on the basis of algorithmic calculations made by HYPED’s proprietary technology merely as an indicator to Advertisers on the Platform combined with the applicable Transaction fees.
    3. HYPED represents and warrants that once the orders to accept the Budget or engage Influencers have been placed, such orders may not be cancelled or reversed. All funds paid into respective Authorized Financial Services Provider Accounts will be held in each User Account and on the respective User's behalf.
  7. Intellectual property rights
    1. All content on this Application is the property of HYPED and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
    2. The trademarks, trade names, service marks and logos of HYPED and others used on the Application (hereinafter the “Trademarks”) are the property of HYPED and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Application belong to HYPED, with the exception of Material produced by Influencers the ownership of which intellectual property is explicitly retained by themselves. The Trademarks and other content on the Application should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any content from the Application on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
  8. User verification
    1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. If the User refuses to provide required documents and information under KYC, HYPED reserves the right to immediately terminate the Services provision to the User.
    2. The User undertakes to provide HYPED with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.
    3. The User hereby authorizes HYPED to, directly or indirectly (through third parties), make any inquiries we consider necessary to check the relevance and accuracy of the information provided for verification purposes.
  9. Account maintenance
    1. The Application is for the User's individual use only, i.e. for its own business. HYPED is vigilant in maintaining the security of the Application and the Service. By registering with HYPED, the User agrees to provide HYPED with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.
    2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
    3. The User agrees that it will not use any Account other than their own or access the Account of any other User at any time, or assist others in obtaining unauthorized access.
    4. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their OTPs, email, and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User's Account, HYPED may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
    5. Creation or use of the Accounts without obtaining a prior express permission from HYPED will result in the immediate suspension of all respective Accounts, as well as all transactions initiated. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users' Accounts. Termination is not an exclusive remedy for such a violation and HYPED may decide to take further action against the User.
    6. In case it has been more than six (6) months since the User signed in with User Account or made the Funds deposit, HYPED has the right to qualify this Account as abandoned. In that case abandoned accounts may be deactivated.
  10. Transactions
    1. The Platform allows Advertisers to seek suitable Influencers for their projects to market goods and services, determine their marketing budgets according to the campaign-type they wish to employ and make such projects visible to suitable Influencers who may utilize the Platform to express interest and eventually be chosen, either algorithmically or directly by Advertisers to be employed with such Projects. The Platform also offers the possibility of algorithmically calculating the budget for marketing campaigns and distribute cost among suitable Influencers, should the Advertisers choose to employ this option.
    2. In case the Advertiser selects the option “select for me” it shall be deemed to authorize HYPED to manage the budget they have stipulated for their marketing, i.e. select suitable Influencers and distribute the budget amongst them.
    3. Advertisers shall determine within the framework of their marketing strategy if products need to be sent to Influencers for their promotional services. Should that be the case, it shall be obligatory for Advertisers to comply with such obligation within three (3) calendar days, unless otherwise stipulated in respective marketing strategies and failure to do so shall mean the delay of any services to be rendered by Influencers in the matter until such products have been actually received by them, whereas complete default on that obligation shall provide HYPED the right to terminate respective Transaction, in which case all payments effected shall be forfeited.
    4. Every campaign shall remain online for a period of four (4) calendar weeks by default, unless the budget is depleted prior to completion of four weeks. Should Advertiser cancel or terminate such campaign for any reason whatsoever, with the exception of significant breach of HYPED obligations hereunder, the Advertiser shall not be entitled to a refund of any amounts paid for marketing services already provided by Influencers.
    5. Should the actual expenses incurred to HYPED for a specific budget be less than the Funds deposited by Advertisers, they shall be entitled to receiving credits equivalent to the surplus amount, to be utilized for the next budgeted marketing project. Each credit point shall be worth one USD and the credits shall be valid for a period of six (6) calendar months following such credit being issued.
    6. Except the case of Advertiser’s failure to comply with clause 10.2 above, i.e. send the products, Advertiser shall be deemed in breach of its obligations hereunder, thus forfeiting all amounts already paid in case:
      - Its repost is removed and disappears not being able to get re-posted any more for confirmation purposes;
      - If songs not available any more because of any reason from the side of music distributors;
      - If the Brand account is not available anymore on respective platform, i.e. is blocked or deactivated;
    7. HYPED undertakes that each service shall be online for specific periods of time and undertakes the following in respect of various content types:
      a. Stories shall remain posted for twenty-four (24) hours;
      b. Posts, Post Carousels and Reels shall remain online for one (1) calendar month;
      c. Any brand shall be “followed” for a period of two (2) calendar months;
      d. Walk-In services by Influencers in events, after check-in with their QR code;
      e. Story reposts shall remain online for twenty-four (24) hours;
      f. Audio stories shall remain online for twenty-four (24) hours;
      g. Post Carousel shall consist of a minimum of three (3) pictures and shall remain online for one (1) calendar month;
      h. Reels shall remain online for one (1) calendar month;
    8. The User recognizes that any Transaction contemplated hereby, either Advertisers’ orders or Influencers’ proposing and/ or accepting employment hereunder should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such Transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Advertiser and Influencer requirements under the sole condition of availability of Funds with the Authorized Financial Services Provider. The User acknowledges that only the Confirmation made available to the User constitutes HYPED's confirmation of the consummation of a Transaction.
    9. The User acknowledges and agrees that deposits of Funds may be delayed due to some Authorized Financial Services Provider verifications and checks. Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
    10. The User shall be responsible for (i) all orders and instructions provided; (ii) the accuracy of all information sent via the internet in the User’s or any other participant’s name; and (iii) OTPs and any other personal identification means implemented to identify the User.
    11. In case the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify HYPED of this fact and follow the instructions sent by HYPED. Otherwise, HYPED reserves the right to freeze the Account until the end of investigation.
    12. HYPED may be forced to cancel or recall already executed Withdrawal Transaction at a request of the Authorized Financial Services Provider regarding the settlement of such Transactions. In such cases the User is obliged to cooperate with HYPED in order to discover the reasons for such request.
  11. Transaction fee
    1. The User agrees to pay HYPED the Transaction Fee for each completed Transaction.
    2. Prior to entering any Transaction, the User must consider the Transaction Fee set forth in the Definitions’ section above. The Transaction Fee may be reduced on the grounds of discount marketing strategies, on the grounds of specific agreements.
    3. The Transaction fee amount is automatically charged off in the currency indicated in the Definitions’ section above. Provision is made to be able to settle such Transaction Fees or payments hereunder in selected cryptocurrencies.
    4. Should V.A.T. be applicable due to any change of the laws, or new interpretation of the current V.A.T. laws in the U.A.E., all Transaction Fees shall be burdened with applicable V.A.T., currently calculated at five per cent (5%).
    5. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by HYPED from time to time and such changes shall become effective the moment they are posted on the Application.
  12. Illegal transactions
    1. HYPED reserves the right to suspend or terminate the User’s Account at any time if HYPED believe there is reasonable basis to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
    2. It is strictly forbidden to use the Account for any illegal purposes. HYPED will report any suspicious activity to the relevant law enforcement.
    3. The User shall ensure that they do not use the Services for the transactions relating to:
      1. money laundering, terrorist financing, proliferation of weapons of mass destruction;
      2. human trafficking;
      3. any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
      4. any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
      5. archeological findings;
      6. drugs, narcotics or hallucinogens;
      7. weapons of any kind;
      8. illegal gambling services;
      9. Ponzi, pyramid or any other “get rich quick” schemes;
      10. goods that are subject to any trade embargo;
      11. media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
      12. body parts or human remains;
      13. protected animals or protected plants;
      14. weapons or explosive materials; or
      15. any other illegal goods, services or transactions.
  13. Account security
    1. The User is responsible for maintaining the confidentiality of their Account's credentials, including, but not limited to any access safety features like OTPs, email, wallet address, balance and of all activity including Transactions made through the Account.
    2. HYPED personnel will never ask the User to disclose their OTPs or other access safety features. Any message the User receives or website that he/she visits that asks for the OTP, other than the HYPED Application, should be reported to HYPED. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
    3. If the User has any security concerns about User Account, login details, OTPs or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to contact customer support. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, OTPs or other security features. Any undue delay in notifying HYPED may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed User Account, the User should also contact an appropriate government agency and report the incident.
    4. The User must take reasonable care to ensure that User e-mail account(s) are secure and only accessed by the User, as User e-mail address may be used to reset access safety features s or to communicate with the User about the security of the Account.
    5. HYPED cannot be liable for the breaching of an e-mail account resulting in unauthorized transactions executed with proper confirmation. In case any of the e-mail addresses registered with the User's Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact User e-mail service provider.
    6. Irrespective of whether the User is using a public, a shared or User own computer to access the Account, the User must always ensure that User login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or OTPs to be stored by the computer he/she is using.
  14. Termination of the terms of use
    1. The User may terminate the Terms of Use and close their Account at any time, following settlement of any pending transactions.
    2. The User also agrees that HYPED may, by giving notice, at its sole discretion terminate User access to the Application and to User Account, including without limitation, HYPED right to: limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Application and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Application if HYPED think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, HYPED may, in appropriate circumstances and at its discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Application or another User's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by HYPED, acting at its sole discretion.
    3. HYPED also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of thirty (30) days or more and/or to modify or discontinue its Application or Service. The User agrees that HYPED will not be liable to them or to any third party for termination of their Account or access to the Application.
    4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions.
    5. HYPED will send the credit balance of the User's Account to him/her, however in some circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. HYPED will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.
  15. Services availability
    1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
    2. HYPED will strive to keep the Application up and running; however, all online services suffer from occasional disruptions and outages and HYPED is not liable for any disruption or loss the User may suffer as a result. Thus, HYPED does not provide any guarantees that access to the Application will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
    3. HYPED will use reasonable endeavors to ensure that the User can normally access the Application in accordance with the Terms of Use. HYPED may suspend use of the Application for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
  16. Financial or legal advice
    1. HYPED does not provide any financial, investment or legal advice in connection with the Services provided by HYPED. HYPED may provide information on the budget for marketing campaigns to be determined or calculation of Influencer remuneration based on statistical evidence gathered by third- parties, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to engage in Transactions is the User's decision and HYPED will not be liable for any loss suffered.
  17. Taxation
    1. The User undertakes to pay all User taxes and duties, which result from the use of HYPED Services and should be paid according to the User's state of residence regulations.
    2. HYPED is not responsible for any violation made by the User due to User obligation to calculate and pay taxes and duties.
    3. The User acknowledges that HYPED does not provide any advice to the User on any tax related matters. HYPED encourages the User to obtain independent advice from its financial advisor, auditor and/or legal counsel with respect to tax implications of the respective Services. (10)
  18. Notices and communication
    1. HYPED reserves the right to send notices to and communicate with the User by any means of communication available to HYPED, considering the contact details provided by the User.
    2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.
    3. The main official information channel of HYPED is the ...
  19. Governing law and dispute resolution
    1. These Terms of Use shall be governed by and construed in accordance with the laws applicable in the Emirate of Dubai, U.A.E., unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this Application and these Terms of Use shall be submitted to the courts of the emirate of Dubai. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
  20. Limitation of liability
    1. IN NO EVENT SHALL HYPED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS APPLICATION, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APPLICATION, (III) THE SERVICES FOUND AT THIS APPLICATION OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APPLICATION, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS APPLICATION OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APPLICATION, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS APPLICATION OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APPLICATION, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS APPLICATION OR THE SERVICES FOUND AT THIS APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT HYPED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS APPLICATION OR THE SERVICES FOUND AT THIS APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL HYPED'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS APPLICATION OR THE SERVICES FOUND AT THIS APPLICATION.
  21. Indemnity
    1. The User agrees to protect, defend, indemnify and hold harmless HYPED and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by HYPED directly or indirectly arising from (i) the User's use of and access to this Application or the Services found at this Application; (ii) the User's violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User's violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User's use of this Application or the Services found on this Application.
  22. Modifications and amendments
    1. HYPED reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Application. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that HYPED shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.
  23. Force majeure
    1. If HYPED is unable to perform the Services outlined in the Terms of Use due to factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, HYPED will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
  24. Links to third-party websites
    1. This Application and the Services found at this Application may contain links to third-party websites that are not owned or controlled by HYPED. HYPED assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, HYPED does not censor or edit the content of any third-party websites. By using this Application or the Services found at this Application, you expressly release HYPED from any and all liability arising from the User's use of any third-party website. Accordingly, HYPED encourages the User to be aware when the User leaves this Application or the Services found at this Application and to review the terms and conditions, privacy policies and other governing documents of any other website that User may visit.
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