Terms of Service

These Terms of Service, including the addenda below (collectively, the “Terms”), form a binding agreement between you and Hyper Collective Inc. (“Hyper,” “we,” “us,” or “our”).

By accessing or using Hyper’s website, web application, dashboards, onboarding flows, messaging interfaces, creator tools, merchant tools, campaign tools, referral tools, payment flows, or other services (collectively, the “Platform”), you agree to be bound by:

• these Terms;
• Hyper’s Privacy Policy;
• any campaign agreement, creator collaboration terms, merchant billing terms, referral program terms, promotional credit terms, or other written terms that you accept through the Platform or that Hyper expressly issues for a specific program or campaign; and
• any applicable third-party terms, including payment processor and social platform terms.

If you do not agree, you may not access or use the Platform.

You represent and warrant that:

• you are at least 18 years old;
• you have legal authority to enter into these Terms;
• if you use the Platform for a business, restaurant, brand, company, or other organization, you have authority to bind that organization; and
• all information you provide to Hyper is accurate, complete, and kept current.

“Account” means a Platform account, merchant profile, creator profile, connector profile, or other authenticated access point.

“Campaign” or “Brief” means a merchant-approved marketing collaboration, restaurant campaign, creator opportunity, or similar activation administered through the Platform.

“Campaign Terms” means the campaign-specific agreement, approval screen, billing authorization, collaboration instructions, incentive terms, promotional credit terms, payout terms, or other terms applicable to a particular Campaign.

“Amplification” means an eligible Creator action, repost, stitch, story, post, or other distribution activity intended to help a Campaign or piece of content spread further, if and when Hyper makes that earning path available under applicable Campaign Terms.

“Assessment Data” means creator, merchant, campaign, content, audience, locality, fit, preference, performance, reliability, observation, classification, or similar evidence and analysis used by Hyper to understand Users and support matching, allocation, Campaign preparation, safety, fraud review, and Platform operation.

“Connector” means a person or business that introduces prospective Merchants, Creators, venues, communities, or other participants to Hyper under a referral or network incentive program. A Connector may also be a Creator if approved for creator participation, but those roles are separate.

“Creator” means an individual or business approved by Hyper to participate in creator collaborations, produce or publish content, amplify content, or otherwise generate measured influence through the Platform.

“Creator Earnings” means amounts payable to a Creator for eligible creator activity, including Influence Earnings and any separately authorized Referral Earnings or other incentive earnings.

“Hyper Share” means the portion of Merchant-paid IU revenue retained by Hyper after the applicable Creator Influence Earnings. Unless Campaign Terms or Referral Program Terms state otherwise, Hyper’s standard current share is 40% of IU revenue. Referral Earnings may be funded from Hyper Share even when calculated by reference to gross eligible IU revenue.

“Influence Earnings” means Creator Earnings based on verified Influence Units generated by eligible creator activity.

“Influence Unit” or “IU” means Hyper’s proprietary measurement unit for verified influence, calculated from platform-reported or otherwise verified engagement, reach, and related signals under Hyper’s measurement methodology.

“Launch Match,” “Promotional Credit,” or “Credit” means a promotional, discretionary, or campaign-specific contribution, match, discount, credit, or incentive issued by Hyper under express written terms.

“Merchant” means a restaurant, venue, brand, business, or authorized representative that uses the Platform to create, approve, fund, or manage Campaigns.

“Prepared Activation Package” means a pre-authentication, admin-prepared, sales-assisted, or concierge-prepared opportunity, restaurant profile, Campaign draft, creator-interest summary, potential creator match summary, Launch Match presentation, Presence summary, or similar package prepared for a prospective Merchant to review before verified claim and Campaign authorization.

“Referral Earnings” means amounts payable under an applicable referral or network incentive program for eligible referred Merchants, Creators, Connectors, Campaigns, or other qualifying activity.

“Referral Program Terms” means the program-specific rules that govern referral eligibility, rates, duration, attribution, vesting, payment timing, fraud review, and payout conditions.

“User” means any person or entity that accesses or uses the Platform, including Creators, Merchants, Connectors, administrators, invitees, applicants, visitors, and account holders.

Hyper provides technology, operational workflows, creator allocation, campaign administration, influence measurement, payment routing, referral attribution, and related infrastructure for local creator marketing.

Hyper is not a restaurant, food provider, social media platform, bank, payroll provider, tax advisor, insurance provider, or legal advisor.

Hyper may, depending on the Campaign or program:

• recruit, approve, invite, and allocate Creators;
• prepare Campaign drafts, merchant profiles, creator suggestions, or activation materials;
• classify Creators, Merchants, leads, Campaigns, audiences, content, and fit signals for decision-support, matching, allocation, fraud prevention, safety, and product operation;
• administer Campaign workflows;
• measure IU;
• route Merchant charges and Creator payouts through payment processors;
• offer promotional Credits or Launch Match incentives under specific written terms;
• administer referral and network incentive programs; and
• enforce Platform rules, integrity standards, and disclosure requirements.

Hyper does not guarantee sales, revenue, customer visits, foot traffic, orders, profit, virality, creator availability, creator performance, social media platform distribution, or any particular business outcome.

The prior statement that Hyper is not a “broker or intermediary” is replaced by this section. Hyper is not acting as a licensed broker, talent agency, employment agency, financial institution, or fiduciary unless a separate written agreement expressly says otherwise. Hyper may still facilitate introductions, Campaign administration, creator allocation, referral attribution, payment routing, and related Platform activity as described in these Terms.

You must provide accurate account, tax, payment, business, social media, and contact information when requested.

You may not:

• create an Account for another person or business without authorization;
• impersonate another person, restaurant, Creator, Merchant, Connector, or organization;
• use another User’s Account;
• transfer your Account without Hyper’s consent;
• bypass onboarding, verification, payment, tax, or fraud controls; or
• use the Platform if you are barred by applicable law or sanctions rules.

Hyper may require identity, business, account, social media, tax, payment, or authority verification before allowing access to certain features, Campaigns, payments, payouts, referral programs, or promotions.

Prepared Activation Packages, draft Campaigns, preview links, claimed profiles, creator suggestions, or admin-created records do not create an authenticated Merchant Account, authorize charges, publish a Campaign, allocate a Creator, or bind a Merchant unless an authorized Merchant representative expressly accepts the applicable terms and required authorizations.

Different Users may participate as Creators, Merchants, Connectors, applicants, invitees, administrators, or visitors. A single person may hold more than one role only if approved by Hyper and only under the terms applicable to each role.

Merchants use the Platform to create, approve, fund, and manage Campaigns. Merchants are Hyper customers in the ordinary business sense when they buy Platform services or fund Campaigns, but these Terms use “Merchant” as the legal role for restaurants and businesses.

Creators are independent economic participants who may earn Influence Earnings and, where separately eligible, Referral Earnings or other incentive earnings. Creator participation is not guaranteed. Hyper does not guarantee any Campaign assignment, IU level, payout amount, income level, or frequency of opportunities.

Hyper’s assessment, classification, and matching systems are intended to understand where Creators may fit best, not to impose one universal creator-quality threshold. Hyper may restrict access for safety, fraud, legal, sanctions, age, payment, tax, platform-integrity, or similar reasons, but ordinary fit assessments are decision-support signals for allocation and Campaign preparation rather than automatic admission gates.

Connectors introduce eligible prospects or participants to Hyper under applicable Referral Program Terms. A Connector is not automatically a Creator, Merchant, employee, agent, franchisee, sales representative, broker, or legal representative of Hyper.

No User may bind Hyper, another User, a Merchant, a Creator, or a Connector unless Hyper expressly grants that authority in writing.

The parties intend Creators and Connectors to participate as independent businesses or independent economic participants, not as employees of Hyper. However, worker classification is determined by applicable law and the actual facts of the relationship, not only by labels in these Terms.

Nothing in these Terms is intended to waive any non-waivable employment, labor, wage, tax, workers’ compensation, unemployment insurance, consumer protection, privacy, or similar legal rights. Hyper may update operational practices, eligibility rules, documentation, or program structure to support lawful classification and compliance.

Creators and Connectors are expected to:

• control the manner and means of their own content creation, subject to Campaign requirements, Platform integrity rules, legal compliance, and disclosure obligations;
• provide their own tools, devices, accounts, transportation, and workspace;
• choose whether to accept eligible opportunities when offered, unless specific Campaign Terms say otherwise;
• remain free to work with other brands, platforms, businesses, agencies, or marketplaces, subject to confidentiality, conflict, and platform-integrity rules; and
• be responsible for their own taxes, licenses, insurance, expenses, and legal compliance.

A Campaign begins only when the applicable Merchant or authorized representative has accepted the Campaign Terms, including any billing authorization, payment method authorization, Campaign goal, Campaign scope, creator allocation rules, promotional Credit terms, and applicable addenda.

Hyper uses proprietary systems to calculate IU. IU may consider platform-reported or otherwise verified reach, views, likes, comments, shares, saves, engagement, timing, attribution, fraud signals, location relevance, content eligibility, and other factors determined by Hyper.

Hyper’s methodology is confidential. Hyper may update measurement methods prospectively to improve accuracy, fraud prevention, product performance, or compliance.

Hyper may require social account connection, post submission, platform API access, screenshots, URLs, creator certifications, merchant confirmations, or other evidence to verify Campaign activity and IU.

If Hyper cannot reasonably verify required evidence, the applicable post, collaboration, Campaign activity, or referral activity may be delayed, rejected, adjusted, deemed ineligible, or paid differently under the applicable Campaign Terms or Referral Program Terms.

Hyper may provide dashboards, reports, or support channels for Users to raise measurement or payment questions. Hyper’s good-faith determination of IU, eligibility, fraud signals, attribution, and payout calculations is final except where applicable law requires otherwise or where Hyper confirms a correction.

Hyper may collect, create, update, and use Assessment Data to classify Creators, Merchants, Campaigns, audiences, locations, content styles, preferences, requirements, fit, and performance signals.

Assessment Data may be incomplete, stale, wrong, subjective, or unavailable. Missing evidence should not be treated as a negative unless Hyper expressly states that a specific requirement is mandatory for a Campaign, safety rule, fraud control, legal obligation, payment requirement, or platform-integrity reason.

Hyper may use Assessment Data to recommend, prioritize, allocate, invite, route, or withhold specific Campaign opportunities, but Assessment Data does not guarantee access, allocation, Creator acceptance, Merchant acceptance, Campaign performance, or earnings.

Hyper may refresh Assessment Data periodically or when underlying evidence, Campaign requirements, creator content, social data, or Merchant needs change. Hyper may hide, deprecate, or recalculate older scores or classifications when the underlying evidence changes.

Hyper may prepare outreach-safe opportunity packages for prospective Merchants before the Merchant creates or claims an Account. These packages may include recorded creator interest, self-reported creator relationship signals, potential creator matches, draft Campaign recommendations, public restaurant information, public social or web signals, Launch Match presentations, or other activation materials.

Recorded creator demand and potential creator matches are different:

• Recorded demand means Hyper has saved evidence that one or more Creators expressed interest, connection, or relevant context for a specific restaurant or location, subject to freshness, permission, privacy, and review limits.
• Potential matches means Hyper has identified Creators who may fit a restaurant or Campaign based on available Assessment Data, locality, content, preferences, or other signals, but interest, availability, and participation are not confirmed.

Hyper will not intentionally present potential matches as confirmed interest. Creator interest does not guarantee Creator availability, Creator acceptance, Merchant approval, Campaign launch, or Campaign performance.

Prepared Activation Packages may be unlisted, time-limited, revocable, and excluded from indexing. A review link is not ownership verification and does not give the recipient access to private account data. Claiming or activating a package requires the verification, acceptance, billing, and authorization steps Hyper requires at that time.

Payments and payouts are processed through third-party providers, including Stripe or other providers Hyper may use. You agree to comply with applicable processor terms, onboarding, identity verification, tax documentation, bank account requirements, charge authorization requirements, dispute rules, and payout requirements.

Hyper is not a bank, money transmitter, stored value provider, escrow agent, custodian of funds, or financial institution unless applicable law says otherwise.

Merchant billing depends on the Campaign Terms accepted for each Campaign. A Merchant is not charged merely for creating an Account unless specific paid services are expressly accepted.

For Campaigns using card-on-file billing, the Merchant authorizes Hyper and its payment processor to charge the saved payment method for verified Campaign spend, true-ups, settlement amounts, and other amounts described in the applicable Campaign Terms.

For Campaigns using a minimum, balance, invoice, prepaid, or legacy billing model, the accepted Campaign Terms or applicable Merchant Agreement controls.

Unless Campaign Terms expressly state that a budget, goal, limit, or cap is a hard spending cap, a Campaign goal guides allocation and does not limit final billing for verified influence from accepted or in-flight collaborations.

Pausing or lowering a goal stops or changes future allocation only as stated in the Campaign Terms. It does not cancel amounts already owed for accepted, delivered, verified, or in-flight Campaign activity.

Creator payout timing, payout rates, eligibility, adjustments, and verification requirements are governed by these Terms and the applicable Campaign Terms or Creator Agreement.

The current standard public creator Influence Earnings rate is $30 per verified IU for eligible creator posts, unless the applicable Campaign Terms state a different rate.

Payout timing may include an initial payout around day 14 after posting and a final top-up around day 30 after posting, but exact timing is not guaranteed. Bank arrival times depend on payment processors and financial institutions.

If Hyper offers Amplification, each eligible Amplification may be treated as its own measurable creator activity and may earn at the rate stated in the applicable Campaign Terms. Hyper does not guarantee that Amplification will be available, allocated, accepted, measured, or paid unless the applicable Campaign Terms expressly say so.

Any Credit, Launch Match, discount, guarantee, match, minimum, bonus, promotional offer, or similar incentive applies only if Hyper expressly provides written terms for that offer.

If Hyper offers a first-Campaign Launch Match, the offer applies only under the promotional terms shown for that Campaign. The applicable terms must state the eligible Campaign, maximum match, expiration, whether the match reduces Merchant charges or funds additional Campaign capacity, whether unused amounts expire, and any fraud, refund, chargeback, or cancellation treatment.

Unless the applicable promotional terms state otherwise:

• Credits have no cash value;
• Credits may be applied only to eligible Campaign charges;
• Credits are not transferable;
• Credits are not refundable;
• Credits may expire;
• Credits do not create a guaranteed Campaign result, payout, Merchant saving, Creator earning, or referral earning;
• Hyper may revoke unused Credits for fraud, abuse, ineligibility, mistake, chargeback, or violation of these Terms; and
• reviewing a Prepared Activation Package, draft, proposal, or opportunity does not grant a Credit unless the Merchant completes all required steps and accepts the applicable terms.

Any guaranteed payout, minimum earnings, guaranteed match, or make-good must be expressly stated in the applicable Campaign Terms or promotional terms. General sales, onboarding, or marketing language does not create a guarantee.

Merchant charges are non-refundable except as required by law or expressly stated in the applicable Campaign Terms.

If a Merchant payment fails, is reversed, is refunded, or is subject to a chargeback, Hyper may:

• retry the payment method;
• invoice the Merchant;
• pause new allocations;
• suspend the Merchant Account;
• offset amounts from future credits or balances;
• delay discretionary or unvested referral payouts; and
• pursue lawful collection.

A Merchant payment failure does not automatically reduce earned Creator Influence Earnings for eligible verified creator work, unless the applicable Campaign Terms or Creator Agreement expressly conditions the payout on Merchant collection and applicable law allows that condition.

Referral Earnings are subject to the separate vesting, refund, chargeback, fraud, and eligibility rules in Section 8.

Hyper may operate referral, ambassador, connector, network-growth, or similar incentive programs. These programs are separate from IU-based creator compensation unless the applicable terms expressly combine them.

Creators, Connectors, Merchants, or other approved participants may be eligible to earn Referral Earnings under applicable Referral Program Terms.

Unless a written Referral Program Term, signed agreement, or campaign-specific offer says otherwise, the current standard referral economics are:

• Restaurant / Merchant referral: 9% of gross eligible referred Merchant Campaign IU revenue.
• Creator referral: 6% of gross eligible referred Creator-generated IU revenue.
• Duration: 12 months from the referred participant’s first eligible revenue-generating Campaign activity, unless the applicable Referral Program Terms define a different start date.
• Source of payment: Referral Earnings are funded by Hyper from Hyper Share, not deducted from Creator Influence Earnings and not added as a Merchant surcharge.
• No compounding: Referral Earnings do not generate additional referral commissions, override commissions, multilevel payments, downstream commissions, or commissions on other Referral Earnings.

Example: if a Campaign produces eligible IU revenue, the referral percentage applies to gross eligible IU revenue for the relevant referred Merchant or Creator activity, while the payment is funded by Hyper from Hyper Share. The referral percentage does not apply to taxes, processor fees, refunds, credits, chargebacks, non-IU amounts, Creator Influence Earnings, or other Referral Earnings unless Referral Program Terms expressly state otherwise.

To be eligible for Referral Earnings, the referring participant must:

• be approved by Hyper for the applicable referral program;
• use Hyper’s approved referral link, invite code, attribution method, or written introduction process;
• comply with these Terms, Referral Program Terms, advertising laws, privacy laws, messaging laws, and disclosure requirements;
• avoid misleading, deceptive, spammy, coercive, or unauthorized outreach;
• avoid self-referrals, duplicate referrals, circular referrals, fake accounts, shell accounts, or collusive referrals;
• provide required tax and payout information;
• remain in good standing at the time Referral Earnings vest and are paid; and
• satisfy any additional requirements stated in the Referral Program Terms.

Hyper may reject or reassign attribution if there are competing claims, stale referrals, duplicate referrals, preexisting sales activity, preexisting waitlist records, fraud signals, missing consent, or other attribution uncertainty.

Referral Earnings are not earned when a link is clicked, an introduction is made, a lead is created, a draft package is prepared, or a prospect signs up.

Unless applicable Referral Program Terms say otherwise, Referral Earnings vest only after:

• the referred Merchant or Creator is approved by Hyper;
• the referred participant completes required onboarding and verification;
• the eligible Campaign activity occurs;
• the related IU revenue is verified;
• the related Merchant payment is successfully collected and is no longer subject to ordinary refund, reversal, chargeback, or fraud review holds as determined by Hyper; and
• the referring participant remains eligible and in good standing.

Hyper may pay vested Referral Earnings on a periodic payout schedule. Hyper may delay payout for fraud review, attribution review, tax documentation, payment processor review, chargeback windows, sanctions screening, or legal compliance.

Referral Earnings are calculated net of refunds, chargebacks, reversals, promotional Credits funded by Hyper, taxes, payment processor fees, disputed amounts, ineligible IU, fraudulent activity, and amounts not actually retained by Hyper unless Referral Program Terms expressly state otherwise.

If Referral Earnings are paid and the underlying revenue is later refunded, reversed, charged back, deemed fraudulent, deemed ineligible, or otherwise adjusted, Hyper may offset, deduct, claw back, or net the overpayment against future payouts to the extent permitted by law and the applicable program terms.

Anyone promoting Hyper, referring Merchants, referring Creators, making endorsements, posting testimonials, or encouraging others to join Hyper must clearly disclose any material connection to Hyper, including the possibility of receiving Referral Earnings, free products, Credits, bonuses, or other benefits.

Disclosures must be clear, conspicuous, hard to miss, and placed in the referral message, social post, email, landing page, direct message, video, or other communication where the endorsement or referral appears. Platform-provided disclosure tools may be used, but they may not be enough by themselves.

Hyper may require specific disclosure language, review referral materials, reject misleading claims, suspend referral privileges, withhold unpaid Referral Earnings, or terminate participation for noncompliance.

Referral participants may not make misleading income claims, guaranteed earnings claims, guaranteed restaurant result claims, guaranteed creator result claims, or claims that Hyper is risk-free. Any example, testimonial, case study, or expected earning claim must be truthful, substantiated, and include required disclosures and limitations.

Creators are solely responsible for the content they publish, including captions, images, videos, audio, stories, live content, reposts, comments, tags, hashtags, claims, ratings, endorsements, and replies.

Creators must:

• publish only truthful statements that reflect their honest opinions, beliefs, and actual experiences;
• keep required posts, accounts, and post metrics public and measurable through the required measurement window, currently through day 30 after posting unless Campaign Terms state otherwise;
• clearly and conspicuously disclose sponsored, paid, gifted, hosted, incentivized, or materially connected content;
• use required disclosures such as “#ad,” “Ad,” “Paid partnership,” “Paid collaboration through Hyper,” “Hosted by [Merchant] through a paid Hyper collaboration,” or other disclosure language required by Hyper or applicable law;
• comply with FTC endorsement, testimonial, and review rules and guidance;
• comply with social platform rules;
• avoid fake reviews, fake testimonials, fabricated experiences, undisclosed paid reviews, review gating, review suppression, misleading ratings, and deceptive engagement practices;
• not claim they visited, purchased, ate, drank, used, or experienced a Merchant’s products or services unless true;
• not make objective claims about food safety, health, nutrition, allergens, medical benefits, pricing, availability, ownership, awards, or other factual matters unless accurate and substantiated; and
• not publish content that violates intellectual property, privacy, publicity, consumer protection, advertising, alcohol, cannabis, tobacco, health, contest, sweepstakes, or other applicable laws.

Creators are not required to make positive statements they do not believe. If a Creator’s actual experience is not one they can truthfully recommend or describe as positive, the Creator should contact Hyper before posting so Hyper can review the Campaign situation with the Creator and Merchant.

Merchants must not instruct Creators to omit disclosures, make false claims, post fake reviews, suppress negative opinions, or misrepresent their experience.

Hyper may provide Campaign guidance, suggested talking points, creative prompts, hashtags, disclosure language, or examples. Creators remain responsible for final content and legal compliance.

You retain ownership of content you own, subject to the licenses granted in these Terms and any applicable Campaign Terms.

You grant Hyper a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, perform, distribute, analyze, measure, excerpt, adapt, create derivative works from, and otherwise use content, data, names, handles, images, videos, posts, Campaign materials, logos, Merchant information, and Creator information that you submit, connect, publish, authorize, or make available in connection with the Platform for the following purposes:

• operating, measuring, improving, and securing the Platform;
• administering Campaigns;
• verifying IU, attribution, eligibility, compliance, and fraud signals;
• reporting Campaign results;
• routing payments and payouts;
• promoting Hyper, Campaigns, Creators, Merchants, case studies, or Platform features, subject to applicable law and any Campaign Terms;
• maintaining records and enforcing these Terms; and
• developing analytics, models, and aggregated or de-identified insights.

Unless Campaign Terms expressly grant broader rights, Merchant may view Campaign content and reports for internal evaluation and may reshare creator content only using the social platform’s native sharing features in a manner that preserves attribution and complies with platform rules.

Paid advertising usage, whitelisting, dark posting, boosting, editing, website usage, menu usage, print usage, out-of-home usage, perpetual brand library usage, or sublicensing of Creator content requires express permission in Campaign Terms or a separate written license.

Merchant grants Hyper the right to use Merchant names, logos, trademarks, addresses, menus, public business information, Campaign materials, photos, and other submitted or public-facing materials to operate and promote Campaigns, identify the Merchant on the Platform, prepare Campaign drafts, and report results.

If you provide suggestions, ideas, feedback, or improvements, Hyper may use them without restriction or compensation.

Merchants are solely responsible for:

• the quality, safety, legality, pricing, availability, and fulfillment of their food, beverages, products, services, premises, events, and customer experience;
• health, safety, alcohol, employment, accessibility, tax, food service, consumer protection, and other regulatory compliance;
• honoring any Merchant-approved offer, invitation, comp, discount, event access, or experience;
• ensuring Campaign information is accurate;
• identifying any rules, restrictions, safety issues, age restrictions, dress codes, allergen warnings, filming restrictions, or venue requirements;
• obtaining any required permissions for filming on premises where legally required;
• treating Creators, Connectors, Hyper personnel, and customers safely and lawfully; and
• paying all amounts owed under applicable Campaign Terms.

Merchants acknowledge that Creator content may be positive, neutral, negative, mixed, delayed, less polished than brand-produced advertising, or different from Merchant expectations. Hyper does not guarantee brand sentiment, content tone, reach, engagement, customer visits, sales, or revenue.

Hyper is a technology and campaign administration platform. Offline interactions may involve restaurant visits, food and beverage consumption, travel, events, filming, customer interactions, and other real-world activity.

Users participate in offline activity at their own risk. Hyper is not responsible for:

• food safety, contamination, allergies, illness, injury, death, or property damage;
• premises conditions;
• travel, parking, transportation, or neighborhood conditions;
• interactions between Users, Merchant staff, customers, or third parties;
• Merchant products or services; or
• conduct outside Hyper’s direct control.

Nothing in this section limits liability where limitation is prohibited by law.

You may not:

• use bots, fake traffic, fake followers, fake engagement, engagement pods, purchased engagement, misleading analytics, or manipulated metrics;
• submit false, altered, duplicate, recycled, stolen, AI-generated, or misleading evidence;
• misrepresent identity, location, authority, eligibility, tax information, social accounts, Merchant affiliation, or referral attribution;
• self-refer or create circular referral arrangements;
• create fake Accounts or duplicate Accounts;
• manipulate IU, Campaign results, referral attribution, payouts, Credits, chargebacks, or reviews;
• harass, threaten, defame, discriminate, or engage in abusive behavior;
• violate social platform terms;
• reverse engineer, scrape, probe, attack, or disrupt the Platform;
• use the Platform for unlawful, deceptive, unsafe, or infringing activity; or
• help others do any of the above.

Hyper may investigate suspected fraud, abuse, or violations. During review, Hyper may suspend access, pause Campaigns, delay payouts, withhold unpaid amounts, reverse Credits, reject referrals, adjust IU, remove content, require documentation, or terminate participation.

Hyper will not use fraud review as a pretext to avoid paying amounts that are already earned, vested, non-disputed, and legally payable.

Users are responsible for their own taxes, filings, licenses, deductions, insurance, expenses, and financial records.

Hyper or its payment processors may request tax forms, including Form W-9, Form W-8, or other documentation. Hyper or its payment processors may issue tax forms, including Form 1099-NEC, Form 1099-K, Form 1042-S, or other forms where required.

Hyper may withhold, delay, or block payments if required tax documentation is missing or if withholding is required by law.

Hyper does not provide tax advice. Users should consult their own tax advisors.

Use of the Platform is governed by Hyper’s Privacy Policy at https://thehyper.co/legal/privacy.

Hyper may process data for:

• Account creation and verification;
• Campaign matching and allocation;
• IU measurement and reporting;
• fraud detection and security;
• referral attribution;
• payment and payout processing;
• tax compliance;
• product improvement;
• support and communications; and
• legal compliance.

Hyper uses automated systems, including artificial intelligence, to support matching, allocation, measurement, fraud detection, optimization, and reporting. Automated outputs may affect visibility, allocation, payment review, referral attribution, and payout review.

Users must not provide personal information about others unless they have the right to do so.

Hyper may send service communications by email, in-product messages, phone, SMS, WhatsApp, or other channels as permitted by law and your communication choices.

Hyper Collective Inc. is the sender of its SMS messaging program. SMS consent is optional and is not required to use Hyper. Creating an Account, signing in, accepting these Terms, or accepting Campaign Terms does not by itself enroll you in SMS messages.

By providing your phone number and separately giving affirmative SMS consent, you agree to receive recurring SMS messages from Hyper related to your account, onboarding, creator visits, Campaign updates, performance reports, reminders, payouts, billing, and customer support.

• Message frequency varies.
• Message and data rates may apply.
• Reply STOP to unsubscribe at any time. After you reply STOP, one final confirmation message may be sent; no further SMS messages will follow unless you opt in again.
• Reply HELP for assistance, or contact hello@thehyper.co.
• You may also manage text messages in account settings where available.

Hyper’s handling of mobile numbers and SMS consent data is described in the Privacy Policy.

Users conducting referral outreach must comply with all email, SMS, telemarketing, privacy, anti-spam, platform, and advertising laws. Users may not send unauthorized bulk messages, misleading messages, messages without required disclosures, or messages to people who have not consented where consent is required.

The Platform may depend on third-party services, including social media platforms, payment processors, analytics providers, cloud providers, messaging providers, and identity verification providers.

Hyper is not responsible for third-party platforms, outages, API changes, moderation decisions, account suspensions, payment delays, payout failures, bank delays, processor holds, social media distribution, or third-party terms.

Users must comply with all applicable third-party terms.

The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, Hyper disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, and error-free operation.

Hyper does not warrant that:

• the Platform will be uninterrupted, secure, or error-free;
• Campaigns will achieve any result;
• Creators will be available or will perform as expected;
• Merchants will provide any particular experience;
• IU, dashboards, reports, or predictions will be error-free;
• social platforms will provide complete or stable data;
• any content will remain available; or
• referral programs, Credits, rates, or promotional offers will remain available prospectively.

Some jurisdictions do not allow certain disclaimers, so some disclaimers may not apply to you.

To the maximum extent permitted by law, Hyper and its officers, directors, employees, contractors, affiliates, investors, agents, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, lost business opportunity, reputational harm, personal injury, property damage, or business interruption, even if advised of the possibility.

To the maximum extent permitted by law, Hyper’s total aggregate liability for all claims arising out of or related to the Platform, Campaigns, referrals, Credits, content, or these Terms will not exceed the greater of:

• the amounts you paid to Hyper in the three months before the event giving rise to the claim; or
• $100.

For Creators or Connectors who have not paid Hyper fees, Hyper’s total aggregate liability will not exceed unpaid earned amounts that Hyper determines are vested, non-disputed, legally payable, and owed to that Creator or Connector, plus $100.

Nothing in these Terms limits liability that cannot be limited by law, including liability for intentional misconduct where not waivable.

You agree to defend, indemnify, and hold harmless Hyper and its officers, directors, employees, contractors, affiliates, investors, agents, and service providers from and against claims, damages, liabilities, losses, penalties, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your content;
• your products, services, premises, events, or customer experience;
• your use or misuse of the Platform;
• your violation of these Terms;
• your violation of law;
• your infringement or misappropriation of intellectual property, privacy, publicity, or other rights;
• your misleading endorsement, referral, testimonial, review, income claim, or disclosure failure;
• your tax, employment, wage, insurance, licensing, or regulatory obligations;
• your fraud, abuse, or misconduct; or
• your offline interactions with other Users or third parties.

Hyper may control the defense of any indemnified claim. You may not settle a claim in a way that imposes obligations on Hyper without Hyper’s written consent.

You may stop using the Platform at any time. Merchants remain responsible for amounts owed for accepted, delivered, verified, or in-flight Campaign activity under applicable Campaign Terms.

Hyper may suspend, restrict, or terminate access to the Platform, Campaigns, referral programs, Credits, or Accounts if Hyper believes you violated these Terms, pose a risk, created legal exposure, provided inaccurate information, failed verification, failed payment, triggered fraud concerns, or engaged in unlawful or abusive conduct.

Upon termination:

• rights granted to you under these Terms end;
• provisions intended to survive will survive;
• pending Campaign activity may be canceled, paused, or completed as determined by Hyper and applicable Campaign Terms;
• unpaid amounts may be reviewed, withheld, paid, offset, or reversed according to these Terms and applicable law; and
• earned, vested, non-disputed, legally payable amounts will not be forfeited solely because Hyper later changes these Terms.

Hyper may update these Terms from time to time. Hyper will provide notice of material changes by posting the updated Terms, updating the effective date, sending notice, requiring clickwrap acceptance, or another reasonable method.

Changes apply prospectively unless legally required or expressly accepted by the affected User.

Hyper will not use a Terms update to retroactively reduce Creator Influence Earnings or Referral Earnings that were already earned, vested, non-disputed, legally payable, and calculated under then-applicable terms.

Your continued use of the Platform after updated Terms become effective constitutes acceptance, except where Hyper requires express acceptance.

Before filing a formal claim, you agree to email hello@thehyper.co with your name, Account email, a description of the dispute, and the relief requested. The parties will try in good faith to resolve the dispute informally for 30 days.

Except for claims that may not be arbitrated as a matter of law, disputes arising out of or relating to these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules.

Arbitration will take place in Los Angeles County, California, unless the parties agree otherwise or the arbitrator permits remote proceedings.

To the maximum extent permitted by law, you and Hyper waive the right to a jury trial and the right to bring, join, or participate in a class action, collective action, consolidated action, private attorney general action, or representative action.

Either party may seek injunctive or equitable relief in court for intellectual property misuse, unauthorized access, confidentiality breaches, fraud, or other urgent harm. Either party may also bring an individual claim in small claims court if eligible.

If any part of this Section is found unenforceable, the rest remains effective to the maximum extent permitted by law.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except where federal law governs or where applicable law requires otherwise.

You may not use the Platform if you are located in, organized under the laws of, or ordinarily resident in a sanctioned jurisdiction, or if you are listed on or owned or controlled by someone listed on a restricted party list.

You may not use the Platform for prohibited exports, sanctions violations, money laundering, terrorist financing, or unlawful activity.

These Terms, together with the Privacy Policy and applicable Campaign Terms, Referral Program Terms, promotional terms, and payment processor terms, constitute the entire agreement between you and Hyper regarding the Platform.

If any provision is unenforceable, the remaining provisions remain in effect.

Hyper’s failure to enforce a provision is not a waiver.

You may not assign these Terms without Hyper’s consent. Hyper may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, or by operation of law.

Headings are for convenience only.

This Creator Agreement supplements the Terms and applies to Creators.

Creator participates as an independent economic participant and not as an employee, agent, legal representative, franchisee, partner, or joint venturer of Hyper or any Merchant. Worker classification depends on applicable law and the facts of the relationship, not labels alone.

Creator has no authority to bind Hyper or any Merchant.

Creator may be required to complete identity verification, social account connection, payout onboarding, tax documentation, location verification, content review, audience review, or other eligibility steps.

Hyper may approve, reject, waitlist, suspend, or remove Creators from Platform access only for Platform needs, legal compliance, safety, age, sanctions, payment, tax, fraud review, platform integrity, or eligibility requirements. Campaign fit may affect whether a Creator is recommended, invited, prioritized, or allocated for a particular Campaign, but ordinary Campaign fit is not by itself a basis to restrict general Platform access.

Hyper may allocate Campaign opportunities through automated systems, manual review, administrative preparation, Merchant criteria, creator location, audience relevance, historical performance, content fit, availability, fraud signals, and other factors.

Creator is not guaranteed Campaign assignments, visibility, IU, earnings, income, or continuing access.

Hyper may use creator classification and Assessment Data to determine where Creator is likely to fit best. These assessments support allocation and Campaign fit; they are not a promise that Creator will receive any particular opportunity and are not intended to restrict ordinary Platform access except for safety, fraud, legal, payment, tax, platform-integrity, or similar reasons.

Creator controls Creator’s own content creation, schedule, tools, accounts, style, voice, and business activity, subject to accepted Campaign Terms, Platform rules, disclosure obligations, legal compliance, and Merchant-specific requirements disclosed before acceptance.

Creator may reject Campaign opportunities unless specific accepted Campaign Terms provide otherwise.

Creator is free to provide services to others, including other brands, restaurants, agencies, and platforms, subject to confidentiality, conflicts, exclusivity only if expressly accepted in Campaign Terms, and legal compliance.

Creator compensation is not limited solely to IU-based Influence Earnings.

Creators may earn:

• Influence Earnings based on verified IU generated by eligible creator activity;
• Amplification Earnings if Hyper offers eligible amplification opportunities under applicable Campaign Terms;
• Referral Earnings under approved referral or network incentive programs;
• bonuses, guarantees, minimums, Credits, adjustments, or other incentives only when expressly stated in applicable written terms; and
• other amounts Hyper expressly authorizes in writing.

The current standard public Influence Earnings rate is $30 per verified IU for eligible creator posts, unless Campaign Terms state otherwise.

Referral Earnings are governed by Section 8 and any applicable Referral Program Terms. Referral Earnings are separate from Influence Earnings and are funded by Hyper from Hyper Share unless the applicable Referral Program Terms state otherwise.

Hyper does not guarantee any level of earnings, Campaign allocation, income, or referral revenue.

Creator payouts may occur in stages, including an initial payout around day 14 and a final top-up around day 30 after posting, if the collaboration is eligible and verified. Payout timing is not guaranteed and may depend on platform data, fraud review, payment processor review, bank timing, tax documentation, and Campaign Terms.

Creator is responsible for all Creator content and must comply with Section 9. Creator must clearly disclose paid, sponsored, hosted, gifted, incentivized, referral-compensated, or otherwise materially connected content.

Hyper may provide required disclosure language. Failure to use required disclosures may result in payment delay, payment adjustment, payment forfeiture where lawful and stated in Campaign Terms, content rejection, Campaign removal, suspension, or termination.

Creator must keep eligible Campaign posts and required post metrics public and measurable through the applicable measurement window. A deleted, private, hidden, materially edited, unverifiable, or noncompliant post may be ineligible for some or all payment for that post to the extent permitted by law and applicable Campaign Terms.

Creator is not required to fake enthusiasm or make a recommendation Creator does not honestly hold. If Creator cannot truthfully complete the expected post after a Campaign visit or experience, Creator must contact Hyper before posting or claiming payment so Hyper can review next steps.

Creator grants Hyper the license described in Section 10. Merchant usage rights are limited as described in Section 10 unless Campaign Terms grant broader rights.

Creator must not:

• manipulate engagement or IU;
• use bots, fake traffic, fake followers, fake comments, engagement pods, or purchased engagement;
• submit false evidence;
• make false or misleading claims;
• fail to disclose material connections;
• publish fake reviews or fabricated experiences;
• violate Merchant safety rules disclosed in Campaign Terms;
• harass Merchant staff, customers, Hyper staff, or other Users; or
• violate applicable law or platform rules.

Creator acknowledges that Campaign participation may involve physical visits, food and beverage consumption, travel, filming, and interactions with others. Creator participates at Creator’s own risk, subject to non-waivable legal rights.

Creator is responsible for Creator’s own taxes, expenses, insurance, equipment, transportation, meals outside Campaign Terms, licenses, and business records. Hyper or its payment processors may request tax documentation and issue tax forms where required.

Hyper may suspend or terminate Creator access for violation, fraud risk, safety risk, legal risk, ineligibility, inactivity, or Platform needs. Pending payments may be reviewed and handled under these Terms, Campaign Terms, Referral Program Terms, and applicable law.

This Merchant Agreement supplements the Terms and applies to Merchants.

Merchant uses Hyper to create, approve, fund, and manage Campaigns for measured local creator influence.

Merchant is buying Platform-administered Campaign access, allocation, measurement, reporting, and payment routing for verified influence. Merchant is not hiring any specific Creator unless Campaign Terms expressly create a direct arrangement.

Hyper does not guarantee sales, revenue, customer visits, foot traffic, orders, reservations, profitability, reviews, ratings, social media followers, reach, engagement, virality, or ROI.

Campaigns are probabilistic and performance-based. Hyper measures platform-reported or otherwise verified influence signals, not guaranteed visits, customers, sales, or revenue.

Merchant is not charged to create an Account unless Merchant accepts a paid service or Campaign Terms.

Each Campaign is governed by the Campaign Terms accepted for that Campaign. Campaign Terms may include the Campaign goal, IU price, payment method authorization, billing model, Credit terms, creator allocation rules, pause rules, settlement timing, minimums, caps if any, true-up timing, and other Campaign-specific provisions.

For Campaigns expressly enrolled in card-on-file installment billing:

• Merchant saves a payment method and authorizes off-session billing.
• Verified influence is currently priced at $50 per IU unless Campaign Terms state otherwise.
• Hyper may initiate charges as verified Campaign spend reaches $100 increments, with smaller true-up and settlement charges as described in Campaign Terms.
• The monthly Campaign goal starts at $500 unless Campaign Terms state otherwise.
• The Campaign goal guides allocation and is not a spending cap unless Campaign Terms expressly say it is.
• Merchant authorizes payment for all verified spend on accepted collaborations, including amounts above the goal and amounts verified after Merchant pauses new allocations.
• Failed payments do not cancel amounts owed.
• New allocations may pause if payment fails or funding checks are not satisfied.

Existing Campaigns, prepaid Campaigns, invoiced Campaigns, legacy minimum Campaigns, custom enterprise Campaigns, or special Campaigns retain their accepted billing agreement unless Merchant expressly accepts migration to a different model.

Signing an updated Merchant Agreement does not retroactively convert existing Campaigns, charge a card, publish a Campaign, allocate Creators, change prior minimums, change prior caps, or modify balances unless the Merchant expressly accepts those changes.

Credits, Launch Match, or promotional incentives apply only when expressly offered and accepted under written terms. Reviewing a Prepared Activation Package, profile, opportunity, or Campaign draft does not charge Merchant, publish a Campaign, allocate Creators, or grant a guaranteed Credit unless all required acceptance steps are completed.

If Merchant receives a Launch Match offer, the Campaign screen or promotional terms should identify the Merchant investment, the Hyper match, the total Campaign capacity if applicable, and the conditions for applying, expiring, reducing, reversing, or canceling the match.

Creators are independent participants and are not Merchant employees or agents unless Merchant separately creates such a relationship outside Hyper.

Merchant must not:

• control Creator content beyond accepted Campaign requirements;
• require undisclosed advertising;
• require false positive reviews;
• suppress honest opinions;
• retaliate against Creators for lawful truthful statements;
• demand ownership or paid ad rights unless granted in Campaign Terms;
• require unsafe conduct; or
• discriminate, harass, threaten, or mistreat Creators.

Merchant is solely responsible for Merchant products, services, premises, staff, safety, food handling, alcohol service, allergen practices, customer experience, legal compliance, and Campaign information.

Merchant must identify material restrictions or risks before Campaign approval, including age restrictions, filming restrictions, comp limitations, blackout dates, allergen concerns, safety rules, access restrictions, or special instructions.

Merchant is responsible for maintaining a valid payment method and paying all amounts owed under applicable Campaign Terms.

If payment fails, Merchant authorizes Hyper and its payment processor to retry the payment method and/or invoice Merchant. Merchant must pay outstanding invoices within the time stated in the invoice or Campaign Terms.

Merchant may receive Campaign reports showing verified impact, posts, Creator activity, and spend. Merchant must raise billing or measurement disputes promptly through the support channel provided by Hyper. Hyper may investigate and correct confirmed errors.

Merchant indemnifies Hyper as stated in Section 20, including for claims arising from Merchant products, services, premises, staff, customer interactions, food safety, health regulations, advertising instructions, Merchant materials, Campaign approvals, or payment disputes.

Hyper may suspend or terminate Merchant access, pause allocations, cancel Campaigns, or require additional verification for violation, fraud risk, payment failure, safety risk, legal risk, or Platform needs. Merchant remains responsible for amounts owed for accepted, delivered, verified, or in-flight Campaign activity.

This Connector Agreement supplements the Terms and applies to Connectors and anyone participating in Hyper referral or network incentive programs.

Connector introduces eligible prospects to Hyper under applicable Referral Program Terms. Connector is not an employee, agent, franchisee, broker, legal representative, or exclusive sales representative of Hyper unless a separate written agreement signed by Hyper says otherwise.

Connector has no authority to bind Hyper, quote custom terms, approve Merchants, approve Creators, promise Campaign results, promise Credits, promise payouts, or modify Hyper terms.

Connector may earn Referral Earnings only if the applicable Referral Program Terms are satisfied. Current standard referral economics are described in Section 8.2 unless a written Referral Program Term states otherwise.

Connector must clearly disclose any material connection to Hyper and the possibility of receiving Referral Earnings or other benefits when promoting Hyper, referring prospects, making introductions, posting about Hyper, or making endorsements.

Connector must not use spam, purchased lists, scraped personal data, misleading messages, unauthorized texts, unlawful telemarketing, false claims, fake urgency, fake affiliation, or pressure tactics.

Connector must comply with email, SMS, privacy, advertising, platform, and referral laws.

Referral Earnings do not compound. Connector does not earn on other referral commissions, downstream referral commissions, or multilevel activity unless Hyper expressly creates a lawful written program with separate terms.

Hyper may reject, adjust, withhold, offset, or claw back Referral Earnings for fraud, self-referral, duplicate attribution, chargebacks, refunds, reversed payments, ineligible Campaign activity, misleading claims, missing disclosures, tax documentation failures, or violation of these Terms.

Hyper may suspend or terminate Connector participation at any time. Termination does not forfeit Referral Earnings that are already earned, vested, non-disputed, legally payable, and calculated under applicable terms, but unvested or ineligible Referral Earnings may be canceled.