Terms of Service

Creator acknowledges and agrees that:

• Creator is an independent contractor
• Creator is not an employee, agent, or representative of Hyper
• Creator has no authority to bind Hyper or any Merchant

Creator operates as an independent economic participant within the Hyper platform.

Creator acknowledges that Hyper:

• Allocates campaigns algorithmically
• Does not guarantee campaign assignments
• Does not guarantee earnings

All participation is performance-based and non-guaranteed.

Creator is solely responsible for:

• All content published
• All claims, statements, and representations
• Compliance with applicable laws

Including, without limitation:

• Advertising laws
• Consumer protection laws
• Intellectual property laws

Creator agrees to comply with all applicable disclosure requirements, including those of the Federal Trade Commission.

This includes:

• Clear disclosure of sponsored content
• Truthful representation of experiences

Failure to comply may result in:

• Payment forfeiture
• Account suspension or termination

Creator acknowledges:

• Compensation is based solely on Influence Units (IU)
• IU is determined by Hyper's proprietary systems
• IU calculation is final and binding

No Guarantee

Creator understands: Hyper does not guarantee any level of earnings, campaign allocation, or income.

Creator grants Hyper a:

• Worldwide
• Royalty-free
• Perpetual
• Irrevocable

license to:

• Use
• Reproduce
• Display
• Analyze
• Distribute

any content created in connection with the Platform.

Creator shall not:

• Use bots or artificial engagement
• Manipulate metrics
• Misrepresent products or services
• Engage in unlawful or deceptive practices

Hyper may, at its sole discretion:

• Allocate or not allocate campaigns
• Adjust measurement methodologies
• Withhold or reverse payments
• Suspend or terminate Creator accounts

Creator acknowledges:

• Hyper does not create contracts between Creator and Merchants
• Creator interacts with Merchants at their own risk

Hyper is not responsible for:

• Merchant conduct
• Merchant products or services
• Any dispute between Creator and Merchant

Creator acknowledges that:

• Participation may involve physical visits to merchant locations
• Hyper is not responsible for any physical harm

Including:

• Injury
• Illness (including food poisoning)
• Property damage

Creator agrees to indemnify and hold harmless Hyper from any claims arising from:

• Creator content
• Creator conduct
• Violations of law
• Third-party claims

To the fullest extent permitted by law: Hyper shall not be liable for any damages arising from:

• Creator participation
• Platform usage
• Campaign outcomes

Hyper may terminate Creator access at any time.

Upon termination: Pending payments may be withheld pending review.

Merchant acknowledges that Hyper:

• Provides infrastructure for influence allocation
• Does not guarantee outcomes
• Does not act as an agency

Merchant is purchasing measured influence outcomes, not services from specific creators.

Merchant acknowledges:

Hyper does not guarantee:

• Sales
• Revenue
• Customer traffic
• ROI

All campaigns are probabilistic and performance-based.

Merchant acknowledges that:

• Creators are independent third parties
• Creators are not employees or agents of Hyper

Hyper does not:

• Control creator behavior
• Approve creator content

Merchant acknowledges that:

• Creator-generated content may impact brand perception
• Content may be positive, neutral, or negative

Hyper is not responsible for:

• Reputational impact
• Messaging interpretation
• Public reaction

Merchant is solely responsible for:

• Product quality
• Food safety
• Compliance with health regulations
• Customer experience

Merchant acknowledges:

Hyper is not responsible for:

• Injuries occurring at merchant locations
• Illness related to merchant products
• Any real-world interaction

Merchant funds campaigns by purchasing Influence Units (IU) in advance. The prepaid balance is denominated in IU; the dollar value is determined at the time of purchase by the prevailing IU price.

Each measured creator post draws IU from Merchant’s balance. Merchant authorizes:

• Continuous debit of measured IU from the prepaid balance
• Auto-reload of additional IU via the saved payment method when balance falls to or below the configured threshold (if Auto-Reload is enabled)
• Settlement of any negative balance arising from creator posts that exceed the prepaid amount, via the saved payment method or via a Stripe-issued invoice payable on standard terms

If a creator post performs beyond the prepaid balance and Auto-Reload is not enabled or fails, Merchant agrees that the resulting negative balance is owed to Hyper and authorizes Hyper to collect it via the saved payment method or by issuing an invoice payable within seven (7) days. Merchant may opt to finance settlement via Buy-Now-Pay-Later (e.g., Stripe Capital) where available.

Refund policy: prepaid IU is non-refundable and does not expire. Unused balance carries forward indefinitely and may be applied to any future Hyper campaign.

Auto-Reload represents a recurring authorization to charge the saved payment method. Merchant may disable Auto-Reload at any time in the Hyper dashboard; doing so does not waive any prior charges or outstanding balance.

Merchant agrees:

• Payments are processed via third-party providers (e.g., Stripe)
• Hyper is not responsible for payment processing failures

Merchant is responsible for:

• Funding the IU balance
• Maintaining a valid payment method on file

Merchant acknowledges that Hyper:

• Determines Influence Units (IU)
• Controls measurement systems
• Has final authority over performance metrics

Merchant agrees to indemnify Hyper from claims arising from:

• Merchant products or services
• Customer injuries or illness
• Regulatory violations

To the fullest extent permitted: Hyper shall not be liable for:

• Campaign performance
• Business losses
• Reputational damage

Hyper may terminate Merchant access at any time.

Campaigns may be:

• Suspended
• Cancelled