Terms of Service

TERMS OF USE FOR WORKERS

These Terms of Use (the "Worker Terms") govern workers' ("Workers," "you," or "your") access to and use of Hype, Inc. d/b/a Hype ("Hype," "we," "us," or "our") offerings and related services (the "Worker Gig Program"), which are accessible via our websites and applications (collectively, the "Platform"). By accessing and using Hype's Platform, you agree to comply with these Worker Terms.

If you are a client user listing on the Platform ("Client"), these Worker Terms do not apply to you. Instead, please refer to separate Terms of Use for Clients.

You may not use Hype if you do not agree to the version of the Worker Terms posted on the Platform at the time that you access Hype.

Please note: These Worker Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. For more information, please review the "Dispute Resolution" section below.

2. Eligibility

You may use the Platform and participate in the Worker Gig Program only if you:

(i) as an individual: (A) are capable of forming a binding contract with Hype, and (B) are not otherwise barred from using the Platform or participating in the Worker Gig Program under applicable law; and/or

(ii) as a representative of an entity: (A) have full power and authority to enter into the Worker Terms and bind that entity, and (B) the execution, delivery, and performance of the Worker Terms have been duly authorized by all necessary actions and do not violate the applicable entity's organizational documents.

You may not use Hype if we have terminated your account or banned you.

3. Relationship Between Hype, Workers, and Clients

Hype is a marketplace where Clients and Workers can identify each other and enter into agreements for Workers to perform services for Clients ("Gig Services"). Hype is purely an intermediary platform for Workers and Clients to identify one another.

Hype does not employ or otherwise engage Workers to perform Gig Services.

To provide Gig Services, you must execute a services contract directly with the Client (a "Services Contract") in a form substantially similar to the sample Worker-Client contract available through the Platform.

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Worker Terms between Hype and you, Hype and the Client, or the Client and you.

Clients may send invites to Workers through the Platform. You are solely responsible for your interactions with Clients, including information you disclose, and Hype does not screen or vet Clients.

You acknowledge and agree that Hype is not a party to any Services Contract.

4. Account Creation and Security

All information you provide during account creation must be accurate. Hype reserves the right to terminate accounts created with false information.

You are responsible for safeguarding your account credentials. If your account is compromised, Hype may suspend or restrict access to protect you and the Platform.

5. Confidentiality

You may be exposed to confidential information from Clients ("Client Confidential Information"). You agree not to disclose such information without Client consent, except as necessary to perform Gig Services.

Confidentiality obligations do not apply to information that is:

(i) public without your fault,

(ii) lawfully obtained from another source,

(iii) independently developed without access to Client Confidential Information.

6. Use of the Hype Platform

You agree to use Hype only for lawful purposes. You may not:

• Impersonate others or misrepresent affiliations.
• Create fraudulent or duplicate accounts.
• Post misleading, defamatory, or unlawful content.
• Harass, threaten, or abuse other users.
• Post pornographic, violent, or exploitative content.
• Engage in spam, phishing, scraping, or automated account creation.
• Infringe third-party rights.
• Interfere with Platform operations or introduce harmful software.

7. Rights to Hype Content

Hype and its licensors retain ownership of the Platform and its content. You are granted a limited, revocable license to use Hype for personal use related to the Worker Gig Program.

Trademarks and service marks of Hype may not be used without our written permission.

8. Rights to Worker Content

By submitting content ("Worker Content") on Hype, you grant us a limited, non-exclusive, royalty-free license to use, reproduce, display, and distribute such content solely to operate the Platform.

9. Deliverables; IP Ownership

Deliverables created for a Client under a Gig Service are the property of the Client, unless otherwise agreed. Background intellectual property you own remains yours, but you grant Clients a license to use it if incorporated into Deliverables.

10. Payment Terms

Payments are facilitated exclusively through the Platform. Clients may deposit funds into escrow, and payments will be released upon completion of Gig Services.

Workers are responsible for their own tax obligations. Hype may issue IRS Form 1099-MISC where applicable.

11. Indemnification

You agree to indemnify Hype and its affiliates against claims arising from your breach of these Worker Terms, including misclassification issues.

12. Warranty Disclaimer & Limitation of Liability

The Platform is provided "as is." Hype disclaims warranties of merchantability, fitness, and non-infringement.

Hype is not liable for indirect, incidental, or consequential damages. Total liability is limited to $100.

13. Enforcement

Hype may review and remove content, suspend accounts, or take legal action for violations of these Worker Terms.

14. Term & Termination

These Worker Terms remain effective as long as you use the Platform. Hype may terminate accounts at any time.

15. Dispute Resolution

Claims may only be brought individually, not as class actions.

Disputes are governed by Delaware law.

Disputes will be resolved by binding arbitration (AAA rules).

Each party waives jury trial rights.

16. General Provisions

These Worker Terms constitute the entire agreement between you and Hype. They may not be assigned by you but may be assigned by Hype. If any provision is invalid, the remainder still applies.