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Version 2.0 · Effective 2026-08-30 · Governing law: Florida

Terms of Use

Version 2.0 · Effective date of this version: August 30, 2026

These Terms of Use ("Terms") are between you and Alun Creative LLC, a Florida limited liability company d/b/a Hypear ("Hypear," "we," "us," "our"). By creating an account, accepting these Terms online, or otherwise using the Hypear platform (the "Platform"), you accept them. If you do not agree, do not use the Platform.

Hypear is an introduction service. Brands post jobs. Creators keep profiles and apply. The two message each other. The contract, the work, the money, and any dispute are directly between them. Hypear charges no fee of any kind, holds no money, supplies no contract, and takes no part in the deal.

Read these first. These Terms include a release of claims against Hypear (Section 9.9), a limit on our liability (Section 11), an indemnity you give us (Section 12), and an agreement to arbitrate individually, with no class actions and a 30-day opt-out (Section 17). If you have a Project already funded into Platform escrow, Section 1.6 and the Escrow Terms named there govern it, not these Terms.

1. Who we are, and how these Terms work

Who you are contracting with, what the words mean, and how these Terms change.

1.1 Operating entity. The Platform is operated by Alun Creative LLC, a Florida limited liability company doing business as Hypear. "Hypear AI" and "Hypear" mean the same entity. The Platform includes hypear.ai and related sites and tools.

1.2 Definitions. "Brand" means a person or entity using the Platform to look for creative work. "Creator" means an independent professional using it to offer AI-assisted creative work. "Project" means any arrangement of any kind between a Brand and a Creator who met through the Platform, formed on or off it, however paid for. "Deliverable" means any work product a Creator agrees to provide, or provides, for a Project. "Hypear Parties" means Hypear and its members, managers, officers, employees, agents, and licensors. If you use the Platform in both roles, the terms for each role apply to you in that role.

1.3 What these Terms do not cover. They govern your use of the Platform. They do not govern any Project. Your own agreement with the other user does.

1.4 Acceptance. By creating an account, checking the acceptance box and selecting "Agree & continue" (or any equivalent affirmative action), or otherwise using the Platform, you accept these Terms and the Privacy Policy incorporated by reference (Section 15.1). Acceptance is effective as described in Section 19.

1.5 Changes. We may update or replace these Terms, will give notice of material changes by email or in-platform, and may require you to accept the new version before continuing. Continued use after the effective date is acceptance. Changes do not reduce a right that had already accrued to you, except as expressly provided in Section 9.9, which you agree operates as to all periods.

1.6 Projects funded through Platform escrow. A Project that was funded into Platform escrow before the effective date of these Terms is an "Escrow Project" until all obligations arising from it are finally resolved, including the final resolution of any payment reversal, chargeback, refund, or clawback affecting funds Hypear held for it. These Terms do not apply to an Escrow Project.

Each Escrow Project is governed by the Brand's and the Creator's own signed agreement and, as between each of them and Hypear, by Terms of Use version 1.2, effective August 27, 2026 (the "Escrow Terms"), which remain in force for that Escrow Project notwithstanding Section 20.4. The Escrow Terms are published in full at hypear.ai/legal/terms-of-use-v1-2 and are available on request from legal@hypear.ai. Hypear retains a tamper-evident record of the exact text each user accepted, matched by content hash. Where the Escrow Terms and these Terms could both apply to the same matter, the Escrow Terms control as to that Escrow Project, and these Terms control as to all other use of the Platform.

Reversals and clawbacks. If a payment Hypear received or held for an Escrow Project is later reversed, charged back, or refunded, the user who received the corresponding funds will repay Hypear that amount on written notice, and Hypear may set the amount off against any funds it holds for that user. This obligation survives completion of the Escrow Project, termination of these Terms, and closure of your account.

Going forward. Hypear does not accept new funds into escrow and will not hold money for a Project again.

2. What Hypear is and is not

The whole service, and the things Hypear does not do. The most important section here.

2.1 What Hypear does. Hypear operates an introduction service. A Brand can publish a job post. A Creator can keep a profile and apply to one. The two can message each other. Hypear also provides an AI assistant (the "Agent," Section 7). That is the whole service. Once a Brand and a Creator decide to work together, they contract with each other, and pay each other, directly and away from the Platform.

2.2 Hypear charges no fee. Hypear charges no fee of any kind. No commission, percentage, placement fee, finder's fee, success fee, or subscription, for any introduction, application, hire, or Project. Hypear receives nothing out of anything a Brand and a Creator agree or pay each other, and does not set, suggest, or approve any price or rate. Nothing you do here creates a payment obligation to Hypear. The one exception is a fee already earned on an Escrow Project funded before the effective date of these Terms, which Section 1.6 carves out of these Terms entirely.

2.3 Hypear holds no money. Hypear does not collect, hold, transmit, disburse, or take custody of any payment between users, and is not a bank, money-services business, money transmitter, payment processor, or escrow agent (Section 9.4). The one exception is an Escrow Project, which Section 1.6 carves out of these Terms entirely.

2.4 Hypear is not a party, and supplies no contract. Hypear is not a party to any Project. It is not the author, producer, agency, employer, employment agency, agent, representative, partner, or service provider of any Brand, Creator, or Deliverable. It does not create, review, or approve any Deliverable and takes no title to and no possession of any work product. Hypear supplies no contract, statement of work, form, or template, and does not draft, review, approve, verify, vouch for, or endorse any agreement between users, its contents, its signing, or any signer's authority. Hypear is not responsible for a missing term in your agreement, for its enforceability, or for the absence of any agreement at all, and to the maximum extent permitted by law disclaims all liability relating to any agreement between users.

2.5 Hypear does not match, recommend, or select. Hypear does not match Brands with Creators. It does not recommend, shortlist, rank by merit, endorse, or vouch for anyone. Ordering, featuring, and emailing job posts are administrative and editorial acts (Section 4.5), not recommendations. Hypear does not vet users (Section 10.3). Choosing who to contact, apply to, hire, or work for is entirely yours.

2.6 We can change or withdraw any feature. Hypear may add, change, limit, suspend, or discontinue any part of the Platform at any time, for any reason, with or without notice, and without liability to you. Nothing here promises that any feature will keep existing.

3. Eligibility and accounts

Who may use the Platform, and what your account obliges you to do.

3.1 Age and capacity. You must be at least 18 and legally able to contract. This applies to every user in either role.

3.2 Entities. If you accept for a company, you represent you can bind it, "you" means that entity, and you accept in a representative capacity, not individually (Section 19). The Platform is for business use.

3.3 Your account. Keep your credentials confidential. You are responsible for everything done under your account, including by anyone you let use it. Email support@hypear.ai if you suspect unauthorized access. You may not sell, rent, or transfer your account.

3.4 Accurate information. Give accurate, current, complete information when you register, and keep it current.

4. Job posts, profiles, applications, and messages

What the Platform does, what we may do with what you post, and why we are not watching.

4.1 Job posts. If you post a job you represent that it is a genuine opportunity, that the description, budget, timing, and company details are accurate, and that you may offer the work. You will not post anything deceptive or unlawful, or that discriminates on the basis of race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. You are responsible for complying with every law that applies to advertising for work, including equal-opportunity, pay-transparency, and job-advertising laws wherever your post can be seen.

4.2 Creator profiles, and what "certified" means here. Creator sign-up may be limited to members of The AI Creators Hub, a paid training program run by Alun Creative on a separate website at aluncreative.com/hub, and to people we invite. Completing that program means a person finished a course. Nothing more. It is not a test, a grade, an assessment of skill, an audit of experience, a verification of anything a person says about themselves, a license, a background check, or a recommendation. Hypear does not certify anyone's ability. New Creator accounts start Pending and become visible to Brands only after an administrator approves them. Approval is an administrative act only. It is not vetting, verification, certification, endorsement, or any representation that a Creator or their work meets any standard. We may decline or revoke approval at our discretion.

4.3 Applications. An application is an expression of interest from that Creator to that Brand. It is not an offer by Hypear, not a booking, and no promise that a Brand will reply, hire, or pay. No Brand has to reply to or hire anyone.

4.4 Messages. Messages are between the users who send and receive them. We do not monitor them, but may access, preserve, or disclose them where we reasonably believe it necessary for safety, abuse or fraud, enforcement, or the law (Section 15.4). Carrying or storing a message does not make Hypear a party to anything said in it, a witness to it, or a guarantor of it.

4.5 Editorial discretion. Hypear may, in its sole discretion and without notice, approve, edit for clarity and length before publishing, decline, order, feature, unpublish, or remove any job post, profile, or application, and may distribute a job post to Creators by email or otherwise. We need not publish, distribute, or keep publishing anything. Everything we do under this Section is administrative and editorial only, and Section 10.3 applies to it.

4.6 No duty to monitor. Hypear has no obligation to monitor, screen, review, edit, or remove anything, or to investigate any user, post, or report. We may do those things at our discretion and may do them inconsistently. Doing any of them once, or often, creates no duty to do them again, to do them for anyone else, or to do them at all in any other case.

5. Acceptable use, reporting, and conduct away from the Platform

What you must not do here, including copying the directory in bulk, and how to report a problem.

5.1 This is the Platform's acceptable-use policy (the "AUP"). You may not, and may not let anyone using your account:

(a) use the Platform unlawfully or in breach of any third-party right;

(b) post content that is infringing, harmful, defamatory, obscene, hateful, deceptive, or otherwise unlawful, or that you lack the rights to provide;

(c) misrepresent your identity, credentials, qualifications, experience, portfolio, affiliation, or authority, or impersonate anyone;

(d) fabricate reviews, endorsements, testimonials, metrics, or credentials, or misleadingly present AI-generated material as human-authored or another person's work as your own;

(e) collect, copy, compile, store, or export user profiles, job posts, contact details, or other Platform content in bulk, by any means, automated or manual, including scraping, crawling, harvesting, bots, or copying entries by hand, or sell, license, publish, or supply any such compilation to anyone, except with our prior written permission;

(f) use contact details obtained here to send unsolicited marketing, mass recruiting, or spam;

(g) circumvent or interfere with any access control, authentication, rate limit, or security mechanism, or probe or test the vulnerability of any Platform system;

(h) transmit malware or otherwise disrupt the Platform;

(i) copy, modify, reverse engineer, or create derivative works from the Platform, or use it or data from it to build, train, or run a competing or derivative product; or

(j) harass, threaten, abuse, defame, or stalk any user or Hypear personnel, or behave unprofessionally toward other users here.

5.2 What 5.1(e) and 5.1(f) are not. Those clauses protect the directory as a dataset: no bulk collection, no resale, no harvesting contacts for spam. They do not restrict in any way your right to work with, hire, be hired by, contact, or pay anyone you meet through the Platform. You may do all of that, directly and away from the Platform, at any time and at no cost (Section 18). Nothing in this Section is, or may be read as, a no-circumvention, non-solicitation, exclusivity, or fee-on-direct-engagement obligation.

5.3 Reporting. Report concerns about a user to support@hypear.ai. We may, but need not, investigate or act on any report, and Section 4.6 applies. If you believe you are in danger, contact emergency services first.

5.4 Conduct away from the Platform. We may remove, suspend, or terminate any account for breach of these Terms or for conduct away from the Platform that we reasonably believe puts other users at risk. We are not obliged to look for such conduct.

5.5 Consequences. Breach of this Section is a material breach and grounds for removal, suspension, or termination under Section 13.

6. Your content, our IP, and feedback

You keep your content and give us permission to display it.

6.1 Your uploaded content. You retain ownership of all original content you upload, including portfolio items, samples, profile information, project materials, and messages ("User Content"). By uploading User Content you grant Hypear a non-exclusive, worldwide, royalty-free license, sublicensable to our service providers solely to operate the Platform, to host, display, reproduce, transmit, and adapt it solely as necessary to operate, maintain, secure, and improve the Platform and to provide the services to you. This license ends when you remove the User Content or delete your account, subject to Section 15.2, except that it continues, for as long as necessary, for User Content you have already sent or made available to another user through a message, job post, or application, so that Hypear can keep and display that item in the receiving user's account and records. Removing content or deleting your account does not unsend, retrieve, or delete any copy another user already has.

6.2 AI-assisted content you post. If your User Content was made with AI tools, you represent that you own or are licensed to use the outputs, that posting them infringes no third-party right, and that you understand rights in AI outputs may be unsettled. Hypear disclaims all liability for IP disputes arising from AI-assisted User Content you post.

6.3 Hypear IP. The Platform software, design, interfaces, name, and marks are owned by Alun Creative LLC or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose while these Terms are in effect. All other rights are reserved.

6.4 Feedback. If you send us ideas or suggestions about the Platform, you grant Hypear a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without restriction, attribution, or payment. Feedback is not confidential.

6.5 Deliverables are not covered here. Intellectual property in a Deliverable is governed solely by the Brand's and the Creator's own agreement. These Terms assign nothing and Hypear is not a link in the chain of any transfer. The one exception is an Escrow Project (Section 1.6).

7. AI features and the Agent

The Agent is software, not a person, and nothing it says is a recommendation.

7.1 The Agent is AI, not a human. The Agent helps users build profiles and portfolio content and supports Platform features. You are talking to software. If you ask whether it is a human or an AI, it will tell you it is an AI. No Hypear employee answers as the Agent.

7.2 Nothing it says is advice or a recommendation. Agent output is a suggestion generated by software. It is not legal, tax, financial, employment, or professional advice; not a recommendation, endorsement, ranking, or referral of any Brand, Creator, or Project; and not a representation, warranty, or statement of fact by Hypear about any user, credential, portfolio, price, or opportunity. If the Agent mentions or describes another user, that is not a recommendation and not a check of anything that user has said. The Agent does not vet users, and neither does Hypear (Section 10.3).

7.3 Output may be wrong. AI output can be inaccurate, incomplete, out of date, or fabricated. Verify anything you intend to rely on before you rely on it. We do not warrant its accuracy, completeness, or fitness for any purpose, and you use it at your own risk.

7.4 What it does with what you type. Conversations with the Agent are transmitted to and processed by our AI providers, currently including OpenAI, LLC, under those providers' API terms, and Hypear is not responsible for a provider's data handling beyond its own obligations as an API customer. The Agent extracts structured facts ("memories") from your conversations and stores them to personalize later sessions, which may include your skills, preferences, and background. Ask support@hypear.ai to delete them at any time. Do not type anything into the Agent you would not want stored and processed this way.

8. Confidentiality between users

A duty you and the other user owe each other. Not a promise from Hypear.

8.1 Keep what you receive to yourself. When another user sends you non-public information through the Platform, including a brief, brand assets, unreleased plans, pricing, or samples, you will not disclose it to anyone else, and will not use it for anything except the Project it relates to. This applies from the moment you receive it, even if the two of you never reach an agreement, and lasts for three years, or for as long as the information is a trade secret under applicable law.

8.2 What you are free to do with it. You may use what you receive to evaluate the opportunity, prepare and send an application or quote, negotiate, and do the work, and you may keep a copy in your ordinary business records. None of that is a breach. You may also share it with your own staff and contractors who need it and are under equivalent obligations, and with your legal, accounting, insurance, and other professional advisers under a duty of confidence, and you remain responsible for what they do with it.

8.3 What this Section does not cover. It does not cover information that is or becomes public through no fault of yours, that you already had without a duty of confidence, that you receive from someone else who owed no duty of confidence, or that you develop independently. This Section does not apply to a job post or other content the discloser published to the Platform's directory or to Creators generally. You may disclose what the law or a court requires, and where you are allowed to, you will tell the other user first so they can seek protection.

8.4 Who can enforce this, and who cannot. The user who disclosed the information may enforce this Section directly against the user who received it, as an intended third-party beneficiary. Hypear is not a party to that duty. Hypear does not monitor, police, guarantee, or enforce it, cannot control what another user does with what you send them, and cannot get your information back for you. A breach is a dispute between users under Section 9.7, and you release Hypear in respect of it under Section 9.9. If you need more protection than this Section gives you, sign a non-disclosure agreement directly with the other user before you share anything sensitive.

8.5 Non-public Platform information. Do not misuse non-public information about the Platform that you learn through using it, including unreleased features and security information. Your personal data is handled under the Privacy Policy (Section 15.1), not this Section.

9. Dealing with other users

What you must do for yourself, because Hypear does none of it, and your release of Hypear.

9.1 You deal directly. Any Project is a direct contract between you and the other user. Hypear is not a party to it, gets nothing out of it, and owes nothing under it.

9.2 What you must do for yourself. Before you rely on, hire, work for, pay, or send anything to another user, you are solely responsible for:

(a) verifying anything that user has said in a profile, job post, application, or message, including identity, company details, credentials, experience, portfolio, and samples;

(b) deciding whether they suit your needs, using whatever interviews, tests, references, background checks, license checks, and insurance checks you think appropriate;

(c) assessing their reputation, reliability, financial standing, and ability to pay or perform;

(d) negotiating and signing your own agreement with them, and getting your own legal advice on it; and

(e) arranging payment directly between yourselves, and bearing the risk of it.

9.3 Put your agreement in writing. We recommend, but do not require, that a Brand and a Creator sign a written agreement before work starts, covering at least scope, deliverables, revisions, timing, price, payment terms, IP ownership, confidentiality, and how either side can exit. Hypear supplies no contract or template and will not review yours (Section 2.4). If you start work without one, you accept the consequences.

9.4 Payment is between the two of you. Every payment for a Project is made directly between the Brand and the Creator, on terms they agree, away from the Platform, and at their own risk. Hypear does not hold, escrow, process, guarantee, advance, insure, collect, recover, refund, or reverse any payment, does not verify that any payment was agreed, made, received, or due, and has no visibility into what a Brand and a Creator pay each other. If you are not paid, are underpaid, are paid late, or pay for work you do not receive, your recourse is against the other user under your agreement with them, not against Hypear.

9.5 If you are a Brand. For every Project:

(a) Your materials. You represent and warrant that the brand assets, briefs, reference materials, and other materials you supply to a Creator or upload here (the "Brand Materials") do not infringe or misappropriate any third party's rights, and that you have all rights necessary to provide them and to have them used in a Deliverable.

(b) You are the advertiser. You are solely responsible for the truth, substantiation, and legal compliance of any claim, testimonial, or representation in content you publish, including AI-generated content, and for making all AI disclosures and other disclosures required by the FTC or other applicable law. Hypear is not the advertiser and does not review or approve your published content.

(c) Worker classification. You engage each Creator as an independent contractor of the Brand, not as an employee of the Brand and not as an employee, contractor, or agent of Hypear. You are solely responsible for, and represent and warrant the correctness of, any worker-classification determination about your engagement of a Creator, and for any resulting tax, withholding, benefits, wage-and-hour, or other employment obligation.

9.6 If you are a Creator.

(a) Your profile. You represent and warrant that your portfolio, samples, credentials, and experience are accurate and your own work, and that you have any necessary third-party consents, for example model releases and music licenses, for content you post.

(b) Your work. For every Deliverable you agree to provide, or provide, for any Project, whether or not it was arranged, contracted, or paid for through the Platform, you represent and warrant to the Brand and to Hypear that (i) the human-authored portions are original to you and do not knowingly infringe any third party's rights, and you have not intentionally included infringing material; (ii) you hold the rights and licenses to any AI tools, stock, fonts, or assets used; and (iii) you will make all AI disclosures required by law and will not fabricate testimonials or endorsements.

(c) Your business. You are an independent business, not an employee, agent, or contractor of Hypear. You control your own methods, tools, hours, and rates, choose which projects to accept, and may work for anyone else, including competitors and other platforms.

9.7 Disputes between users are yours. Any dispute about scope, quality, timing, payment, ownership, confidentiality, or anything else in a Project is between the Brand and the Creator, under their own agreement. Hypear does not adjudicate disputes between users, does not decide who is right, guarantees no outcome, and has no obligation to intervene or help. If we do help, it is a courtesy, and Section 4.6 applies.

9.8 Safety and assumption of risk. You deal with other users at your own risk. We do not control the conduct of any user, online or in person. If you meet another user in person, travel, share personal information, or enter anyone's premises, you assume the risk of doing so. Hypear is not responsible for any injury, loss, damage, harassment, threat, theft, or other harm caused by any user.

9.9 Release of Hypear. In recognition of the fact that Hypear is not a party to any agreement between users, holds no money for one, supplies no contract for one, and charges no fee for one, you irrevocably and unconditionally waive, release, and forever discharge the Hypear Parties from every claim, demand, cause of action, damage, cost, expense, and liability of any kind, known or unknown, suspected or unsuspected, for all periods, past and future, arising out of or relating to (a) any Project, dispute, transaction, communication, or dealing between you and any other user, and (b) any act or omission of any other user. You further covenant not to sue the Hypear Parties, and not to name, join, or implead them, in any proceeding arising out of or relating to a dispute with another user. This release runs in favor of the Hypear Parties and their successors and assigns, and binds you and your successors and assigns. Nothing in this Section releases the Hypear Parties from liability for their own gross negligence or willful misconduct, or from any liability that cannot be released by law.

Unknown claims. If you are a California resident you expressly waive California Civil Code section 1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any analogous law in any other applicable jurisdiction.

10. Disclaimers

What we do not promise, about the software and about the people on it.

10.1 "As is." THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Platform will be uninterrupted, error-free, or secure. Every disclaimer in this Section 10 runs in favor of each of the Hypear Parties.

10.2 No warranty about people. THE HYPEAR PARTIES MAKE NO WARRANTY OR REPRESENTATION AS TO THE IDENTITY, CHARACTER, HONESTY, SKILL, QUALIFICATIONS, SOLVENCY, OR CONDUCT OF ANY USER, as to the truth of anything any user says here, as to the quality, safety, legality, timeliness, or completion of any work, or as to the making or timing of any payment. The product is an introduction. An introduction is not an assurance about the person introduced.

10.3 Hypear does not vet users. The Hypear Parties do not verify, vet, background-check, screen, audit, or investigate any Brand or Creator, or any statement, credential, portfolio item, sample, identity, company detail, insurance, license, or qualification a user provides. Approving a Creator account, approving or publishing a job post, listing, ordering, featuring, or distributing anything, and making any introduction, are administrative and editorial acts only (Section 4.5). None of them is a recommendation, endorsement, certification, guarantee, or any representation that a user is qualified, skilled, honest, solvent, insured, licensed, available, or suitable, or that anything a user says about itself is true. Your diligence is yours (Section 9.2).

10.4 No warranty about outcomes. We do not promise you will find a Creator, receive an application, get a reply, be hired, be paid, or achieve any result.

10.5 No warranty about ownership or copyrightability. Purely AI-generated material may not be protectable by copyright in the United States, because copyright protects human authorship. Hypear makes no representation or warranty as to the ownership, originality, validity, or copyrightability of any Deliverable or any part of one. Any such representation comes from the Creator under Section 9.6(b), never from Hypear.

10.6 User content is authored by users. Hypear is an interactive computer service and is not the publisher or speaker of information provided by another information content provider (Section 230 of the Communications Act, 47 U.S.C. § 230). Nothing Hypear does under Section 4.5 or Section 4.6 makes it the author or source of anything a user posts or sends.

11. Limitation of liability

A cap on what we can owe you. It is low, because the service is free.

11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HYPEAR PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, DATA, OR GOODWILL, arising out of or relating to these Terms or the Platform, even if advised of the possibility, whether the claim is in contract, tort, statute, or otherwise.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HYPEAR PARTIES' TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms or the Platform will not exceed the GREATER OF (a) the amounts, if any, you actually paid Hypear in the three (3) months before the claim arose, or (b) ONE HUNDRED US DOLLARS (US $100). You acknowledge that Hypear charges you nothing (Section 2.2) and that this allocation of risk is a basis of the bargain.

11.3 These caps and exclusions do not apply to liability that cannot be limited by law, or to (i) the Hypear Parties' gross negligence or willful misconduct, or (ii) your indemnity obligations under Section 12.

11.4 Savings. Where a jurisdiction does not allow some exclusion or limitation in Sections 10 and 11, those Sections apply to the fullest extent permitted there, and the rest stays in effect.

12. Your indemnity, and how an indemnity works

What you cover if a third party brings a claim over your conduct, and how the process works.

12.1 Procedure (applies to every indemnity here). The party seeking indemnification (the "Indemnified Party") will: (a) give the indemnifying party (the "Indemnifying Party") prompt written notice of the claim, and failure to give prompt notice relieves the Indemnifying Party only to the extent it is actually prejudiced; (b) give the Indemnifying Party sole control of the defense and settlement; and (c) provide reasonable cooperation at the Indemnifying Party's expense. The Indemnifying Party may not settle in a way that imposes any non-monetary obligation, payment, or admission of fault on the Indemnified Party without its prior written consent, not to be unreasonably withheld. The Indemnified Party may take part in the defense with its own counsel at its own expense. "Losses" means losses, damages, liabilities, settlements, costs, and reasonable attorneys' fees resulting from a covered claim.

12.2 Your indemnity. You will defend, indemnify, and hold harmless the Hypear Parties from any third-party claim, demand, suit, or proceeding, and all resulting Losses, to the extent arising out of or relating to:

(a) your User Content, Brand Materials, brief, job post, profile, portfolio, samples, or credentials, including any breach of Sections 3.4, 4.1, 6.2, 9.5(a), 9.6(a), or 9.6(b), and any misstatement of your identity, credentials, qualifications, or experience;

(b) any Deliverable you create or supply, including any claim that it infringes or misappropriates a third party's rights;

(c) any advertising claim, testimonial, substantiation, or required disclosure or failure to disclose in content you publish, and your use of any Deliverable;

(d) any Project, including any dispute with the other user, and any claim that a Creator is or was your employee or any other misclassification claim arising from your engagement of a Creator; or

(e) your breach of these Terms, including the AUP, or your violation of law or of any third party's rights.

This indemnity applies to every Project, whether or not it was arranged, contracted, or paid for through the Platform, and follows the procedure in Section 12.1. It does not apply to Losses to the extent they arise from the Hypear Parties' own gross negligence or willful misconduct, and it does not apply where indemnification is barred by law.

12.3 Hypear gives no indemnity. Hypear does not defend, indemnify, or hold harmless any user for anything. If you believe the Platform itself infringes anyone's rights, or you are unhappy with it for any reason, your primary remedy is to stop using the Platform and close your account, and any other claim is subject to Sections 10, 11, and 17.

13. Suspension, termination, and survival

Either of us can end this at any time, and what keeps applying afterwards.

13.1 Term and termination. These Terms start when you first accept them. Either party may terminate these Terms and close your account at any time, for any reason or none, on notice given in-platform or by email. That right is not conditioned on breach or on any cure period. Separately, either party may terminate immediately if the other materially breaches these Terms, and Hypear may terminate immediately for a breach of Section 5.

13.2 Suspension and removal. We may suspend, limit, unpublish, or remove your account, posts, or content immediately and without notice if we reasonably believe your use creates a security, legal, or fraud risk, breaches the AUP or the law, harms or is likely to harm another user, or involves conduct of the kind described in Section 5.4.

13.3 Effect on your dealings with other users. Termination does not terminate or change any Project or any agreement you have with another user. That agreement continues or ends under its own terms, and Hypear is not a party either way. After termination you may not use the Platform to post, apply for, or message about work.

13.4 Survival. These survive termination, account closure, and any assignment under Section 20.1: Sections 1.2, 1.3, 1.6, 2, 3.2, 5 (as to conduct before termination), 6.1 (as to content already sent), 6.3, 6.4, 8, 9, 10, 11, 12, this Section 13.4, 14 to 20, and anything else that by its nature should survive.

14. Copyright and IP complaints (DMCA)

How to report infringing material, and how to dispute a removal.

14.1 Policy. Hypear respects intellectual-property rights and responds to clear notices of alleged infringement under the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

14.2 Designated agent. Notices of claimed infringement should be sent to Hypear's designated copyright agent: Copyright Agent, Alun Creative LLC d/b/a Hypear, Parkland, Florida, USA; email: dmca@hypear.ai.

14.3 Notice of infringement. A valid notice must include substantially: (a) a physical or electronic signature of the owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it on the Platform; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf.

14.4 Counter-notice. If your material was removed and you believe the removal was a mistake or misidentification, you may submit a counter-notice to the designated agent including substantially: (a) your signature; (b) identification of the removed material and its prior location; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake or misidentification; (d) your name, address, and phone number; and (e) consent to the jurisdiction of the federal district court for your district (or, if outside the U.S., any district in which Hypear may be found) and to accept service from the person who gave the original notice. We may restore the material in accordance with the DMCA.

14.5 Repeat-infringer policy. Hypear will, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who are repeat infringers.

15. Privacy, communications, third parties, and legal process

Where the privacy terms are, what we email you, and when we hand information over.

15.1 Privacy Policy. Our handling of personal data is described in the Privacy Policy at hypear.ai/privacy, incorporated by reference.

15.2 Deletion and retention. Delete your account any time by emailing support@hypear.ai. We then delete or de-identify your personal data within a reasonable period, ordinarily within 60 days of verifying the request, except where the law requires or permits longer retention (Section 15.1), including for fraud prevention or an open dispute, in routine backups until they expire, or where the data is already aggregated or anonymized beyond reversal. Content already sent to another user is subject to Section 6.1. Anything cached by search engines or copied by others is outside our control.

15.3 Communications. We send service messages about your account, posts, applications, and messages; these are part of the service while your account is open. We may also send marketing and job-alert emails, which you can stop with the unsubscribe link, at hypear.ai/unsubscribe, or by emailing support@hypear.ai. You consent to receive communications electronically.

15.4 Third parties and legal process. The Platform relies on third-party services and may link to sites we do not control, and we are not responsible for them. We may access, preserve, and disclose your information and content where we reasonably believe it necessary to comply with law or legal process, to enforce these Terms, to prevent fraud or security problems, or to protect the rights or safety of Hypear, our users, or the public.

16. Sanctions and taxes

Two short compliance points.

16.1 Restricted parties. You represent that neither you nor any entity you act for is on any OFAC Specially Designated Nationals list or other applicable restricted-party list, or is located or resident in a comprehensively sanctioned country or territory, and that you will comply with applicable sanctions, anti-money-laundering, and export-control laws.

16.2 Taxes. Each party handles its own taxes. Hypear does not withhold, report, or issue any tax form for anything a Brand and a Creator agree or pay each other, and gives no tax advice.

17. Governing law and dispute resolution

Florida law, mediation first, then individual arbitration, with a 30-day opt-out.

17.1 Governing law. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

17.2 Mediation then arbitration. The parties will first attempt good-faith mediation for 30 days. Any dispute not resolved in mediation will be settled by binding arbitration before a single arbitrator under the rules of JAMS or the American Arbitration Association, using their expedited rules for claims under US $250,000, seated in Broward County, Florida.

17.3 Carve-outs. Notwithstanding Section 17.2, claims of intellectual-property infringement and requests for injunctive or emergency relief may be brought in court. Either party may instead bring an individual claim in small-claims court in Broward County, Florida, or in the small-claims court of the claimant's home jurisdiction, if it qualifies there.

17.4 Class-action waiver. Each party waives any right to participate in a class action lawsuit or class-wide or representative arbitration. Disputes will be resolved only on an individual basis.

17.5 30-day arbitration opt-out. You may opt out of the arbitration agreement and class-action waiver in this Section 17 by sending written notice to legal@hypear.ai within 30 days after you accept this version of these Terms. The notice must state your name, your account email, and that you opt out of arbitration. If you opt out within that window, Sections 17.2 and 17.4 do not apply to you, and disputes will be resolved in the state or federal courts located in Broward County, Florida, to whose jurisdiction you consent. Opting out does not affect Sections 17.1, 17.3, 17.6, 17.7, or 17.8, or any other part of these Terms. A valid opt-out under an earlier version still applies; you need not opt out again.

17.6 Prevailing-party fees. The prevailing party is entitled to its reasonable attorneys' fees and costs, subject to Section 17.8.

17.7 Limitations period. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Platform must be brought within one (1) year of the events giving rise to it. Where applicable law does not permit that period to be shortened by contract, the shortest period the law does permit applies.

17.8 Arbitration costs. For any claim seeking US $10,000 or less, Hypear will pay all JAMS or American Arbitration Association filing, administrative, and arbitrator fees beyond the first US $100, and will pay the mediator's fee for the mediation required by Section 17.2. Section 17.6 does not run in Hypear's favor against an individual on a claim of US $10,000 or less, except where the claim was frivolous or brought for an improper purpose.

17.9 Coordinated filings. If 25 or more substantially similar arbitration demands are filed against Hypear by or with the assistance of the same counsel or coordinated representatives within a 60-day period, the administrator's mass-arbitration or coordinated-proceeding rules apply. The parties will select no more than ten (10) bellwether cases to proceed first, and the remaining demands are stayed. After the bellwethers conclude, the parties will attempt global mediation for 60 days before any stayed demand proceeds. Any limitations period, including the period in Section 17.7, is tolled for a stayed demand while the stay lasts.

18. Release of no-circumvention obligations

You may work with anyone you meet here. Hypear has permanently given up every claim to a fee for it.

18.1 Waiver, release, and covenant not to sue. Effective August 27, 2026, Hypear, for itself and for its successors and assigns, irrevocably and unconditionally waives, releases, and forever discharges:

(a) each Brand and each Brand's affiliates, officers, managers, employees, and agents; and

(b) each Creator and each Creator's affiliates, officers, employees, and agents,

from every no-circumvention, non-solicitation, exclusivity, off-platform-transaction, fee-on-direct-engagement, and liquidated-damages obligation, and from every claim, demand, cause of action, and all Losses of any kind, known or unknown, for all periods, past and future, arising out of or relating to any such obligation. This waiver and release covers every such obligation wherever it appears, including in any prior version of these Terms, in any prior Hypear Terms of Service, in the Brand Master Agreement and the Creator Master Agreement, and in the Hypear Project Agreement / Statement of Work template and any statement of work executed from it, including the limb of any provision that makes Hypear an intended third-party beneficiary for the purpose of enforcing a no-circumvention right. Hypear further covenants not to sue, and not to fund, assist, or encourage any claim by any other person against, any Brand or Creator in respect of any released obligation. This Section applies to every version of these Terms and to all periods, past and future. For clarity, it does not release Hypear's right to a fee already earned on an Escrow Project (Section 1.6).

18.2 What this means for you. You are free to contact, hire, work with, and be paid by any Brand or Creator you met through the Platform, directly and away from the Platform, at any time. Hypear will make no claim to any fee, commission, damages, or other amount for any such arrangement, and entering into one is not a breach of these Terms. Nothing in Section 5.1 limits this.

18.3 This release survives everything. Section 18.1 survives indefinitely: termination of these Terms, closure of your account, any later version of these Terms, and any assignment, merger, reorganization, financing, or sale under Section 20.1. It binds Hypear's successors and assigns. No later version of these Terms and no other agreement revives, restores, or preserves any obligation released by it.

19. Electronic acceptance and signature

Clicking accept is your signature, and you sign for your company, not for yourself.

19.1 You agree that checking the acceptance box and selecting "Agree & continue," taking any equivalent affirmative action in-platform, creating an account, or otherwise assenting electronically has the same legal effect as a handwritten signature, and you consent to transact electronically under applicable e-signature law, including the U.S. E-SIGN Act and the Florida Electronic Signature Act. If you accept for an entity you represent you are authorized to bind it and accept in a representative capacity, not individually. Hypear's electronic record of acceptance, a tamper-evident record of the version accepted, the time of acceptance, and the accepting party's identity, is the operative signature. No signature page and no Hypear countersignature is required.

20. General provisions

The standard closing terms.

20.1 Assignment. You may not assign these Terms without our prior written consent, except that a Brand may assign to a successor to all or substantially all of its business or assets that assumes these Terms in writing. A Creator's services are personal and a Creator may not assign without our consent. Hypear may assign to an affiliate or in connection with a merger, reorganization, financing, or sale of the Hypear business. Any assignment is subject to Section 18, which binds Hypear's successors and assigns.

20.2 Notices. Notices to you may be given in-platform or by email to your account address. Notices to Hypear go to legal@hypear.ai or its principal place of business. Notice is effective on delivery, or when sent for email and in-platform notice, absent a bounce.

20.3 Severability and waiver. An unenforceable provision is modified to the minimum extent needed to be enforceable or, failing that, severed, and the rest stays in effect. Not enforcing a provision is not a waiver of it.

20.4 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Hypear about the Platform, and supersede all prior understandings on that subject, including the prior Brand Master Agreement, the prior Creator Master Agreement, and any prior Hypear Terms of Service or Terms of Use. Nothing in this Section revives any obligation released by Section 18. These Terms do not govern your relationship with any other user. This Section does not supersede the Escrow Terms, which continue to govern each Escrow Project (Section 1.6).

20.5 Independent relationship. Nothing here creates a partnership, joint venture, agency, franchise, or employment relationship between us. A Creator is not Hypear's employee, contractor, or agent, and a Brand is not Hypear's employee or agent. Hypear does not employ, engage, supply, place, procure, represent, or manage any Creator, and does not act for either user in dealing with the other.

20.6 Third-party beneficiaries. The Hypear Parties may enforce Sections 9.9, 10, 11, and 12. Hypear is an intended third-party beneficiary of each agreement between a Brand and a Creator solely to enforce the limits on its role, responsibility, and liability. Hypear asserts no third-party-beneficiary right, and will assert none, in respect of any no-circumvention, non-solicitation, exclusivity, or liquidated-damages obligation in any agreement, form, or template, including the Hypear Project Agreement / Statement of Work template. Those rights are released (Section 18). A user who discloses non-public information to another user may enforce Section 8 as described there. There are no other third-party beneficiaries.

20.7 Force majeure. Neither party is liable for a failure or delay in performing an obligation caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, labor disruption, government action, and the failure of a utility, network, hosting, telecommunications, payment, or AI provider. The affected party will use reasonable efforts to resume performance. This Section does not excuse an obligation to pay an amount already due.

20.8 Contact. support@hypear.ai for general questions, legal@hypear.ai for legal notices, dmca@hypear.ai for copyright notices. Alun Creative LLC, Parkland, Florida, USA.

21. What changed in version 2.0

A short summary. The sections above control.

  • Hypear is an introduction service and charges no fee. Job posts, profiles, applications, and messaging are the whole product, and the contract, the payment, and any dispute sit directly between the Brand and the Creator (Sections 2, 9).
  • You do your own diligence, release Hypear from disputes with other users, and owe confidentiality directly to the user who sent you information (Sections 8, 9.2, 9.9). Every user accepts version 2.0 afresh.
  • An Escrow Project stays under the Escrow Terms (Section 1.6), and Hypear's release of every no-circumvention and fee-on-direct-engagement obligation is permanent (Section 18).
Terms of Use - Hypear AI | Hypear AI