Welcome to HYPE!
We’re glad you’re here! You are reading the HYPE App Terms of Service provided by Nimblebot, LLC. HYPE is a social platform (the “Platform” also known as “HYPE”, “HYPE App”, “HYPE Social”, or “HYPE Social App”) provided by Nimblebot, LLC or one of its affiliates (”Nimblebot”, “we” or “us”). The following Terms of Service (”Terms”) govern our relationship with you as a user of the HYPE products and services, including our iOS and Android apps, website, and any HYPE web apps (collectively, we refer to these as our "Products"). Our Services are provided for private, non-commercial use. The Service includes all of the HYPE products, features, applications, services, technologies, and software that we provide to you.
Before you go, remember these terms form a legally binding agreement between you and us. Make sure to read them carefully! Note that section 1 and other sections in these Terms are largely based on “Terms best practices” we have noted in Nimblebot’s Terms of Service.
By accessing or using our Services, you confirm that you can form a binding contract with Nimblebot, LLC, that you accept these Terms, and that you agree to comply with them and all applicable laws. We want our Service to be as open and inclusive as possible; we also want it to be safe for all our community users. When you sign up for our Products, you must provide us with accurate and complete information to allow us to create, verify, and maintain your account. You are not permitted to use our Products if you are under the age of lawful consent under the laws of your country of residence.
By accessing or using our Services, you confirm that you can form a binding contract with Nimblebot, LLC, that you accept these Terms, and that you agree to comply with them and all applicable laws. You must be at least 18 years old or the legal age of majority in your jurisdiction to use HYPE.
Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device's applicable app store, and are incorporated herein by reference. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
Some of our Products may consist of software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to all upgrades.
Take into consideration that if you are using the Products on behalf of a business or some other entity, you represent and warrant that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to "you" and "your" in these Terms will mean both you as the end user and that business or entity). You are also agreeing that your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents, or contractors.
By opening an account with us and providing your mobile telephone number or email address, you agree that we may communicate with you via text messages or other electronic means to your mobile device. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your HYPE account information to ensure that your messages are not sent to the wrong person or to no one. Always keep in mind you can opt out of certain types of communications via your account settings.
So far so good? Great!!! You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
Print off or save a local copy of the Terms for your records.
HYPE includes different types of user roles with varying permissions, including administrative and organizational roles for managing clubs and campaigns. Role assignments, permissions, and responsibilities are determined by HYPE and may change at any time.
Our Community Guidelines are incorporated into and form part of these Terms. By using the Services, you agree to comply with the Community Guidelines at all times. Any violation of the Community Guidelines is a violation of these Terms and may result in suspension, restriction, or termination of your account or access to the Services.
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately to a member of the staff or to this email: dev@joinhype.co
Here at Nimblebot, we take safety and security very seriously. By agreeing to these Terms you are granting permission to HYPE staff to limit or disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. You are granting permission for HYPE staff to investigate data surrounding any actual or alleged violations. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to any Nimblebot or HYPE products) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our Community Guidelines), if you infringe other people's intellectual property rights, or where we are required to do so by law.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
If you no longer want to use our Services again and would like your account deleted, contact us at: dev@joinhype.co. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information that had been associated with that account.
We do not use names, or allow third-party partners to use names, for cross-app targeted advertising or advertising measurement purposes.
Our Products allow you and other community members inside the app around the world to interact with your thoughts, voices, and videos - and to interact with each other in real-time. They also allow you to post content, including audio content, visual images, visual videos, text, and symbols. Anything you say, post, or make available in our Products is referred to as "User Content."
As between you and Nimblebot, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the "HYPE Content"), are either owned or licensed by Nimblebot, LLC pursuant to Nimblebot, LLC or to HYPE, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the HYPE Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through partnerships, giveaways, sponsorships, Gifts, digital art, membership dues, and other revenue streams. Except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill, or value whatsoever.
The next section outlines that just because you are participating in the network does not entitle you to payment for that participation:
You acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the HYPE Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Nimblebot, LLC reserves all rights not expressly granted herein in the Services and the HYPE Content. You acknowledge and agree that Nimblebot, LLC may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE. YOUR USE OF SOUND RECORDINGS, MUSICAL WORKS, MEMES, AND PRIOR MEDIA IS AT YOUR OWN RISK AND SUBJECT TO DMCA AND OTHER REGULATIONS, AS HYPE DOES NOT HAVE A BASIS FOR SECURING RIGHTS TO THESE OR SIMILAR WORKS FOR INCORPORATION INTO USER GENERATED CONTENT.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. While HYPE staff or members may talk about "personal growth" or convene members interested in "personal growth" this is for general entertainment purposes only and you agree to undertake personal, financial, charitable, emotional, social, medical, psychological and other decisions under the care of professionals in the relevant area.
HYPE Social is a place for people to talk, tell stories, develop ideas, work on effective social impact, deepen friendships, and meet interesting new people around the world. As part of this community, you must follow our Community Guidelines when you use our Products.
Violations that occur within clubs or campaigns are treated the same as violations elsewhere on HYPE. Admins and Club Organizers may take action within their clubs, and HYPE may suspend accounts or remove clubs/campaigns that breach these Terms.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
You grant HYPE Social and its users a perpetual, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide license to use, store, display, reproduce, save, modify, create derivative works, publicly perform, and distribute your User Content for the purposes of using, operating, developing, providing, promoting, and improving our Products in any media formats or channels. Nothing in these Terms restricts other legal rights Nimblebot, LLC, HYPE, or its users may have to User Content, for example under other licenses, express or implied. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, our Community Guidelines, or other policies.
We call User Content that is made available to anyone using our Products "Public Content." This includes any content contributed in any sort of actions, clubs or streaming sessions that are available to anyone on HYPE App ("Public Content"). You grant HYPE App, its users, and its business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, publicly perform, and publicly display your Public Content in any form and in any media. When you create Public Content or speak in Public Stream, you also grant HYPE App, its users, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use your name, likeness, and voice for commercial and non-commercial purposes.
You represent and warrant to us that the User Content you contribute to HYPE App is either not subject to copyright or any other proprietary rights or that you have all necessary permissions, clearances, and authorizations to contribute the User Content to HYPE App and to grant us all of the rights that you grant to us under these Terms.
We have no obligation to edit or control User Content that is contributed to our Products. While we're not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including to provide and develop our Products or if we think your User Content violates these Terms, our Community Guidelines, or other policies.
We envision a future in which responding to, incorporating, and promoting others' User Content is a central part of the HYPE experience. As such, Nimblebot's terms on the matter are a good reference and are adapted and adopted herein as the official HYPE App policy:
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ("User Content") so long as said content adheres to ownership and copyright policy as outlined prior - or to accepted fair use standards at play in the United States and your local jurisdiction. Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the "Virtual Items Policy") and other elements provided by Nimblebot, LLC via the HYPE App ("HYPE Elements") onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes HYPE Elements, have not been verified or approved by us. The views expressed by other users on the Service (including through the use of virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third-party social media platforms such as Instagram, Facebook, YouTube, and Twitter), or to make contact with other users of the Services, you must comply with the standards set out at "Your Access to and Use of Our Services" above. You may also choose to upload or transmit your User Content, including content that includes HYPE Elements, on sites or platforms hosted by third parties. You may not however share User Content that incorporates others' User Content on third-party sites nor may you share others' User Content outside of the HYPE App community with friends, contacts, or any other person or entity, online or offline. The sole exception at this time is: content that was streamed to an open, external link available to non HYPE App members ("Public Streams"). If you decide to do this, you must comply with their content guidelines as well as with the standards set out in "Your Access to and Use of Our Services" above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty or any other claim. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty or any other claim against your public distribution of, loss of, or use of content.
Consider any User Content aside from Public Streams to be confidential and proprietary. For legal purposes, any User Content will be considered non-confidential and non-proprietary. Anything can happen and you should not rely on these Terms in order to protect the confidentiality of your likeness, opinions, contributions, or other User Content. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO's reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
By posting Public Streams to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at "Your Access to and Use of Our Services" above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
If you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to raise, you can send us a report to reports@joinhype.co
HYPE Staff will take reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, business plans, monetization strategies, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
i. Nimblebot, LLC and HYPE Staff have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
ii. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
iii. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
It's our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights. In keeping with the Digital Millennium Copyright Act, we'll respond quickly to claims of copyright infringement on HYPE App that are reported to our designated copyright agent, identified below.
If you're a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on our Products by completing the DMCA Notice of Alleged Infringement and sending it to our designated copyright agent. To submit a DMCA notice, just fill out our copyright complaint form: Submit a DMCA Notice
If you'd prefer not to use this form, please send the following information to our designated copyright agent:
Send your completed DMCA by email to:
HYPE Cats
Email Address: copyrights@joinhype.co
Note: Make sure to put this email in the "To" field. Emails to the "CC" field may not reach the appropriate HYPE member. This email address should only be used for copyright complaints. If you need to get in touch with us for any other reason, please visit our Knowledge Center.
When we get your DMCA notice, we'll take whatever action we determine is appropriate, which may include removing the reported content from our Products. If we remove content in response to a DMCA notice, we may notify the person who contributed it to HYPE so they have the opportunity to submit a counter-notice. We may also send a complete copy of the notice to others, as appropriate.
We try hard to make sure HYPE is a safe place for all users, and we expect you to do the same. By using our Products, you agree that you will comply with these Terms, including our Community Guidelines and any other policies HYPE makes available in order to maintain the safety of our Products. We reserve the right to remove any content from our Products for any reason or to limit its availability. We likewise reserve the right to terminate or suspend your account or limit its availability, for any reason.
We take reasonable technical, administrative, and organizational measures to protect the integrity and security of the Services and the information you provide. These measures may include encryption, access controls, and regular system monitoring.
However, no platform, system, or transmission over the internet is completely secure. We cannot and do not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.
You are responsible for maintaining the confidentiality of your account credentials, using caution when sharing personal information, and taking appropriate precautions to protect your devices and networks. Your use of the Services is at your own risk with respect to security.
Our Services include chat, direct messaging, and media-sharing features. Messages, photos, videos, and audio shared through these features are stored in our systems to deliver the Service, support moderation, and enforce our Terms and policies. Content may be reviewed if flagged, reported, or required by law.
Our Products may contain partnerships, partnership posts, public service announcements, fundraising campaigns, and other in-app media may involve actions, offers, joint promotions, or other as-of-yet undefined partnership deliverables.
These partnership actions may include links to third-party websites, services, special offers, fundraising platforms, or other events or activities that are not owned or controlled by Nimblebot, LLC. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services.
For any fundraising campaigns or similar activities:
If you access any third-party website, service, or content from our Products, you do so at your own risk, and you agree that HYPE will have no liability arising from your use of or access to any third-party website, service, or content.
We're improving our Products and creating new ones all the time. That means we may add or remove features, products, or functions of our Products, and we may also suspend or stop providing our Products. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.
HYPE may terminate or suspend this license and your access to our Products at any time, with or without cause or notice to you. HYPE may also limit your use of specific features in our Products with or without cause or notice to you. While we may give you reasonable notice beforehand, we can't guarantee that will be possible in any circumstances. Simply by way of example: we may deactivate your account due to prolonged inactivity, we may reclaim your username at any time for any reason, we may change the leadership or management of a group of HYPE members ("club") at any time.
You can terminate these Terms at any time and for any reason by writing to us to terminate your HYPE account, effective when you have reconfirmed and we have confirmed that the account is deleted. If you violate any provision of these Terms or our Community Guidelines, your authorization to access our Products terminates automatically.
Regardless of who terminates these Terms, both you and Nimblebot continue to be bound by Sections 3, and 9-13 of the Terms notwithstanding termination.
You acknowledge that the Services are in an early stage of operation and may undergo frequent changes, feature adjustments, or updates without notice. During this stage, the Services may experience outages, interruptions, performance issues, or data loss. We encourage you to maintain local copies of any important User Content or contributions you make, as we cannot guarantee permanent availability or preservation of any content stored on the Platform.
You agree, to the maximum extent permitted by law, to indemnify, defend, and hold harmless Nimblebot, LLC, HYPE Staff, and their respective officers, directors, employees, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits, or proceedings brought by third parties), relating to: (a) your access to or use of our Products; (b) your User Content; (c) your participation in political, advocacy, or activist activities on or through the Platform, including lawful speech and activism; (d) any dispute between you and any third party; or (e) your breach of any of these Terms.
Our Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
Nimblebot, LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Nimblebot, LLC takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Nimblebot, LLC does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO NIMBLEBOT WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
If you have a concern or dispute with Nimblebot, LLC or HYPE Staff, we would appreciate the opportunity to resolve it without having to resort to formal legal proceedings. You agree to notify HYPE in writing at legal@joinhype.co before filing any claims with a court or arbitration body so that we can attempt to resolve the issue with you. Your notice should include an explanation of your concern or dispute, how it arose, and what (if anything) you want HYPE to do to resolve it. If you and HYPE cannot resolve the dispute within 60 days of your notice, either you or we may file a formal proceeding in accordance with this Section 11.
Please read the following terms carefully because they require U.S. residents and HYPE to resolve all disputes through binding arbitration.
If you are a resident of the United States, you and Nimblebot, LLC agree that all claims between us, including any disputes arising out of or relating to these Terms or use of the Products, will be resolved through binding arbitration on an individual basis. There are two exceptions. First, for claims that qualify, you or Nimblebot, LLC can elect to have those claims heard in small claims court. Second, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents will be resolved in court. Any disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided below.
You can opt out of this agreement to arbitrate by sending a letter to Nimblebot, LLC at legal@joinhype.co stating that you wish to opt out of the arbitration agreement. You must send us your opt-out notice within 30 days of first registering your Nimblebot, LLC account or agreeing to these Terms, but if you previously agreed to a prior version of these Terms that provided for an arbitration opt-out, you do not have the opportunity to opt-out under this version of the Terms.
Any arbitration will be administered by JAMS pursuant to its employment arbitration rules & procedures (the "JAMS Rules"), which are available here. If these rules cannot be enforced for any reason, then you and Nimblebot, LLC will arbitrate the dispute utilizing JAMS comprehensive arbitration rules and procedures, or other rules the arbitrator deems appropriate for the dispute. The arbitration will be before a single arbitrator and conducted in English.
The arbitrator will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, and motions to dismiss and demurrers, applying the standards set forth for such motions under the California Code of Civil Procedure. The arbitrator will issue a written decision on the merits, the arbitrator will have the power to award any remedies available under applicable law, and the arbitrator may award attorneys' fees and costs to the prevailing party where permitted by applicable law. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof.
Subject to the Federal Arbitration Act's exclusive applicability to the enforcement of this agreement to arbitrate, you agree that the arbitrator will conduct any arbitration hearing or proceeding applying California substantive and decisional law and the California Code of Civil Procedure, including the California Civil Discovery Act. You agree that any arbitration under this agreement will be conducted in the county in which you live or such other mutually-agreed location. If the claim is for less than $10,000 (ten thousand U.S. dollars) (and doesn't involve injunctive relief), we will choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) through telephone or video calls, or (iii) by an in-person hearing under the JAMS rules in your county of residence.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HYPE Social ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the extent, any claim, dispute or controversy regarding Nimblebot, LLC or our Products isn't arbitrable under applicable laws or otherwise: you and Nimblebot, LLC both agree that any claim or dispute with HYPE Social will be resolved exclusively in accordance with Section 12.B. of these Terms.
To the extent that your jurisdiction allows mandatory arbitration by law, you agree to be bound to the above even if not a US Resident.
For any claims or disputes arising out of or relating to these Terms or use of the Products that are not resolved through binding arbitration under Section 12.A. of these Terms, you and Nimblebot, LLC agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Boston, Massachusetts, USA.
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. If the laws in your country require agreements with consumers to be governed by the local laws, then Section 13 does not apply to you.
If you access or use the Services from outside the United States, you are solely responsible for complying with all local laws and regulations applicable to you, including those related to online conduct, speech, content, and data privacy. You acknowledge that your use of the Platform may subject you to legal risks, restrictions, or obligations under the laws of your own jurisdiction, and you assume full responsibility for those risks. Nimblebot, LLC may comply with lawful data requests, court orders, or enforcement actions from any jurisdiction in which the Services are accessible, to the extent permitted by applicable law.
These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Nimblebot, LLC without restriction. Any attempted transfer or assignment in violation of the above will be null and void.
These Terms, together with the Privacy Policy, Community Guidelines, and any amendments and additional agreements you may enter into with Nimblebot, LLC in connection with our Products, constitute the entire agreement between you and Nimblebot, LLC concerning our Products. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and HYPE's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
This is a contract between you and Nimblebot LLC, with offices located at 625 Massachusetts Avenue Cambridge, MA 02139. Any reference to HYPE includes all worldwide subsidiaries.
These Terms are effective as of Aug 11, 2025.