Terms of Service

1. About Hypear AI and These Terms

Hypear AI is a two-sided marketplace that connects brands with AI-native creative professionals. The Platform is operated by Alun Creative LLC, a Delaware limited liability company ("Hypear AI," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of hypear.ai and any related services (collectively, the "Platform").

By creating an account or otherwise using the Platform you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Platform.

2. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into a binding contract to use the Platform. By registering you represent that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@hypear.ai if you suspect unauthorized access.

3. Creator Accounts

Creator accounts are available by invitation to professionals certified by Alun Creative's AI Creators Hub program. By creating a creator account you agree to:

• Accurately represent your skills, experience, and portfolio at all times.
• Upload only work that is your original creation, AI-assisted content for which you hold the necessary rights, or work you are otherwise legally permitted to display.
• Represent that you have secured any necessary third-party consents (e.g., model releases, music licenses) for content you post.
• Behave professionally toward brands and other users in all Platform communications.

Newly created creator accounts start in a Pending state and are only visible to brands after an administrator approves the account. We reserve the right to decline or revoke approval at our sole discretion.

4. Brand Accounts

Brand accounts are created when a brand submits a creative brief through the Platform. By creating a brand account you agree to:

• Provide accurate company information and honest project descriptions.
• Post only genuine project opportunities.
• Communicate respectfully with creators through the Platform.

5. Content and Intellectual Property

Your content: You retain ownership of all original content you upload to the Platform, including portfolio items, project materials, and messages. By uploading content you grant Hypear AI a non-exclusive, worldwide, royalty-free license to display, reproduce, and transmit your content solely as necessary to operate, maintain, and improve the Platform. This license ends when you remove the content or delete your account, subject to Section 12 below.

AI-assisted content: If your portfolio includes work created with the assistance of AI tools, you represent that (a) you or your organization own or are licensed to use the resulting outputs, (b) uploading and displaying such work does not infringe any third-party intellectual property rights, and (c) you understand that IP ownership of AI-generated outputs may be unsettled in some jurisdictions and that Hypear AI disclaims all liability for IP disputes arising from AI-assisted content you post.

Hypear AI IP: The Platform software, design, brand, and all Hypear-generated content are owned by Alun Creative LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from our platform without our written permission.

6. AI Agent Features

Hypear AI provides an AI-powered assistant (the "Agent") to help creators build profiles and portfolio content. By using the Agent you acknowledge and agree that:

• Your conversations with the Agent are transmitted to OpenAI, LLC and processed under OpenAI's API usage policies. Hypear AI is not responsible for OpenAI's data handling beyond our contractual obligations as an API customer.
• The Agent extracts structured facts ("memories") from your conversations and stores them in our database to personalize future sessions. These memories may include information about your skills, preferences, and professional background.
• You can request deletion of your AI memories at any time by contacting support@hypear.ai.
• Agent outputs are suggestions only. Hypear AI does not warrant the accuracy, completeness, or fitness of any Agent-generated content for any particular purpose.

7. Platform Moderation

We reserve the right to review, moderate, and remove any content that violates these Terms or that we determine, in our sole discretion, is harmful, inaccurate, deceptive, or otherwise inappropriate. We may also suspend, restrict, or permanently terminate accounts that violate these Terms without prior notice. Account moderation statuses include Pending (under review), Active (approved), Hidden (creator-controlled), and Suspended (platform-enforced). Suspended accounts cannot access the Platform or apply to opportunities.

8. Prohibited Conduct

You may not:

• Use the Platform for any unlawful purpose or in violation of any applicable law.
• Upload harmful, offensive, defamatory, or infringing content.
• Misrepresent your identity, credentials, or affiliation.
• Attempt to scrape, harvest, or collect user data without authorization, including through automated means.
• Interfere with or disrupt the Platform's infrastructure or security.
• Circumvent any access controls or authentication mechanisms.
• Transmit any viruses, malware, or other harmful code through the Platform.

9. Fees and Payments

The Platform currently operates without charging transaction or subscription fees. Future pricing terms, if any, will be disclosed in advance and will require your affirmative acceptance before taking effect. Any fees charged will be governed by additional terms we will provide at that time.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Hypear AI is a marketplace. We are not a party to any agreement between brands and creators. We do not guarantee the quality, safety, or legality of any work arranged through the Platform, and we are not responsible for any disputes between brands and creators.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALUN CREATIVE LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).

12. Account Deletion and Data Retention

You may delete your account at any time by contacting support@hypear.ai. Upon deletion we will remove your personal data within 30 days except where retention is required by applicable law, for legitimate fraud-prevention purposes, or where data has been included in aggregated or anonymized datasets that cannot reasonably be reversed. Portfolio content publicly referenced in third-party systems (e.g., cached by search engines) is outside our control.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes we will notify you by email or by a prominent notice on the Platform. Continued use of the Platform after the effective date of revised Terms constitutes your acceptance of those changes.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law principles. Any dispute arising under or related to these Terms will first be subject to good-faith negotiation for 30 days. If not resolved, disputes will be submitted to binding arbitration under the rules of the American Arbitration Association in Broward County, Florida. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Contact

Questions about these Terms? Contact us at support@hypear.ai. Alun Creative LLC, Parkland, Florida, USA.