Effective Date: 30th July 2026
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you" or "your") and Editorji Technologies Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 01st Floor, Khasra No. 360, M.G. Road, Sultanpur, New Delhi – 110030 ("Editorji", "Hypp", "we", "our" or "us"), governing your access to and use of the Hypp website, software, APIs, products, features and related services (collectively, the "Platform").
Hypp is a technology enabled Creator Media Exchange designed to connect Brands, Creators and Agencies through a unified digital platform for planning, executing, managing and measuring creator led campaigns. The Platform provides technology, tools, workflows and other platform-enabled services that facilitate creator discovery, campaign management, collaboration, performance measurement and commercial engagements between Users.
By accessing, browsing, registering for, or otherwise using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms, together with our Privacy Policy and any other policies, guidelines or supplemental terms that may be published by us from time to time and are incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue access to and use of the Platform.
Where you access or use the Platform on behalf of a company, partnership, agency or any other legal entity, you represent and warrant that you are duly authorised to bind such entity to these Terms. In such cases, references to "you" or "User" shall include both you and the entity you represent, and both shall be jointly and severally responsible for compliance with these Terms.
By accessing, browsing, registering for an account, clicking to accept these Terms, or otherwise using the Platform, you acknowledge that you have read, understood and agree to be legally bound by these Terms, as amended from time to time.
Your continued access to or use of the Platform following any modification to these Terms constitutes your acceptance of such revised Terms. If you do not agree to these Terms or any subsequent modifications, you must immediately discontinue your use of the Platform.
You may access or use the Platform only if:
Where a User accesses or uses the Platform on behalf of a Brand, Agency or any other legal entity, such User represents and warrants that they possess all necessary authority to bind such entity to these Terms.
The relevant entity shall be responsible for all acts, omissions, transactions and obligations arising from the use of the Platform through its authorised representatives, employees, contractors or agents.
You agree to provide complete, accurate and current information during registration and throughout your use of the Platform and shall promptly update such information whenever it changes. Hypp reserves the right to request additional information or supporting documentation at any time for verification, compliance, fraud prevention, security or regulatory purposes.
The Platform may not be used by any person or entity:
Hypp reserves the right to refuse registration, suspend access, or terminate any account that does not satisfy the eligibility requirements set out in these Terms.
Hypp is a technology enabled Creator Media Exchange owned and operated by Editorji Technologies Private Limited. The Platform enables Brands, Agencies and Creators to participate in a unified ecosystem for planning, executing, managing and measuring creator led marketing campaigns.
Rather than functioning solely as an influencer marketplace, the Platform enables Brands to procure measurable campaign outcomes including reach, views, engagement and other campaign objectives through a network of onboarded and verified Creators. The Platform uses technology, data-driven processes and automated tools to facilitate creator discovery, campaign execution, performance tracking, optimisation and reporting.
The Platform may provide manual, assisted or automated campaign management capabilities and such additional products, tools, workflows and services as Hypp may introduce from time to time.
Hypp operates as an independent technology platform and Creator Media Exchange that facilitates the creation, management, execution and optimisation of creator led marketing campaigns. Hypp may utilise manual processes, automated systems, algorithms, artificial intelligence, machine learning models or other technologies to recommend, rank, shortlist, match, allocate or otherwise facilitate the participation of Creators in Campaigns and to optimise campaign performance.
Unless expressly agreed by Hypp in writing for a specific engagement, Hypp does not act as:
Nothing contained in these Terms creates any employment, partnership, agency, fiduciary, joint venture or similar relationship between Hypp and any User, or between Users solely by virtue of their use of the Platform.
Subject to these Terms, Hypp may provide one or more of the following services through the Platform:
The availability of any feature or service may vary depending upon the User category, subscription plan, campaign requirements, jurisdiction, stage of platform development or other operational considerations.
Campaigns made available through the Platform may be initiated by Brands or their authorised Agencies. Creators may independently apply for, accept or participate in Campaigns made available through the Platform.
Hypp operates as an enabler and facilitates Campaigns by onboarding and verifying Creators, recommending, ranking, matching or allocating Creators to Campaigns, distributing campaign briefs, facilitating communications, monitoring campaign execution, tracking campaign performance, generating reports and providing such other services.
Any recommendation, ranking, matching or allocation of Creators by us is generated through data provided by you, manual processes, automated systems, algorithms, artificial intelligence or other technologies and is intended solely to facilitate Campaign execution. Hypp does not guarantee that any Creator will be selected for, invited to or participate in any Campaign, nor does it guarantee any minimum volume of Campaigns, earnings, reach, engagement or other commercial outcomes.
Except where Hypp is expressly engaged under a separate written agreement to provide managed services, we do not negotiate or determine the commercial terms agreed between Users and is not a party to any commercial arrangement entered into between Users solely by reason of operating the Platform.
The Platform may display or generate campaign budgets, estimated media values, creator pricing, estimated campaign outcomes, projected reach, engagement estimates, performance forecasts or other commercial information to facilitate campaign planning, creator matching, budgeting, optimisation and reporting.
Unless expressly confirmed by the relevant User in connection with a specific Campaign or otherwise agreed in writing, such information is indicative, estimated or system generated in nature and shall not constitute a binding quotation, offer, acceptance, guarantee or commitment by Hypp or any User.
Hypp may utilise historical campaign data, creator performance metrics, algorithms, AI and other technologies to generate recommendations, estimates or projections. Such recommendations and estimates are provided solely for planning and decision making purposes and should not be construed as guarantees of actual campaign performance or commercial outcomes.
Users remain solely responsible for reviewing, negotiating and agreeing upon the final commercial terms governing any Campaign.
Users remain solely responsible for:
Hypp does not supervise, direct or control the manner in which Users perform their obligations outside the functionality and services made available through the Platform.
While Hypp endeavours to provide a reliable and efficient Media Exchange, Hypp does not represent, warrant or guarantee:
Any estimates, analytics, audience insights, performance metrics, recommendations, projections or other information made available through the Platform are provided solely for informational and operational purposes and should not be construed as guarantees, warranties or commitments regarding future performance, commercial outcomes or campaign success.
Hypp continually develops and improves the Platform and may, at its discretion, add, modify, suspend or discontinue any feature, functionality or service, including the introduction of subscription services or other commercial offerings.
Where the introduction of any new feature materially affects Users' rights or obligations under these Terms, we may update these Terms or publish supplemental terms governing the use of such feature. Hypp may also impose reasonable limits on access to particular features or discontinue certain functionalities where required for operational, legal, security or commercial reasons.
For the purposes of these Terms, the following terms shall have the meanings assigned to them below:
Words importing the singular shall include the plural and vice versa, references to one gender shall include all genders, and references to a person shall include an individual or legal entity, unless the context otherwise requires. Headings are inserted for convenience only and shall not affect the interpretation of these Terms.
To access certain features of the Platform, a User must create an Account using one of the registration methods made available by Hypp from time to time, including email and password, mobile number with one-time password (OTP), or supported third-party authentication services.
Hypp may modify, introduce or discontinue any registration or authentication method at its discretion.
Users shall ensure that all information provided during registration and throughout their use of the Platform is accurate, complete and up to date.
Users are responsible for promptly updating their Account information whenever there is a material change affecting their identity, contact details, business information or eligibility to use the Platform.
Users acknowledge that information provided during registration may be used for account verification, creator profiling, campaign matching, performance analysis, payment processing and other legitimate Platform operations.
To maintain the security, integrity and lawful operation of the Platform, Hypp may require Users to complete identity, business or other verification processes before granting access to certain features or services.
Users agree to provide such information or documentation as may reasonably be required for verification purposes. Failure to complete a required verification process may result in restricted access to certain Platform features, suspension of the Account or refusal of access to the Platform.
The collection, use and processing of personal data for verification purposes shall be governed by the Privacy Policy.
Users are solely responsible for maintaining the confidentiality of their login credentials and for all activities carried out through their Account.
Users shall promptly notify us of any actual or suspected unauthorised access to or use of their Account. Hypp shall not be responsible for any loss or damage resulting from a User's failure to safeguard their Account credentials.
Users shall not:
Where an Account is created or operated on behalf of a Brand, Agency or any other legal entity, the individual creating or operating the Account represents and warrants that they are duly authorised to act on behalf of such entity.
The relevant entity shall remain responsible for all activities conducted through its authorised Account.
Hypp may temporarily restrict, suspend or refuse access to an Account where:
Where reasonably practicable, Hypp may provide the User with an opportunity to rectify the relevant issue before taking such action.
Users may close their Account at any time by following the procedures made available on the Platform.
Closure of an Account shall not affect any rights, obligations, liabilities, payments, disputes or other matters that accrued prior to the effective date of such closure, all of which shall survive until fully resolved in accordance with these Terms.
Following Account closure, Hypp may retain, delete, anonymise or otherwise process Account information in accordance with its Privacy Policy, Applicable Laws and legitimate business, operational or legal requirements, including for compliance, fraud prevention, dispute resolution, enforcement of legal rights and record-keeping purposes.
Users acknowledge that closure of an Account may result in the loss of access to certain information, Campaign history, messages, documents or other content associated with the Account, except to the extent retention or continued access is required under Applicable Laws or expressly permitted by Hypp.
Campaigns may be created by Brands or their authorised Agencies through the Platform or, where applicable, by us on behalf of a Brand based on information, instructions or requirements provided by such Brand.
A Campaign may include details such as its objectives, target audience, platforms, timelines, deliverables, commercial terms, performance requirements, content guidelines and any other information that Hypp or the Brand considers necessary for its execution.
Brands are solely responsible for ensuring that Campaign information, instructions and requirements are accurate, complete, lawful and do not infringe the rights of any third party.
Hypp operates a technology enabled Creator Media Exchange and may facilitate the administration and management of Campaigns through manual processes, automated systems, algorithms, AI Features and other technologies.
Without limiting the foregoing, we may provide features and services relating to:
Creators may browse, apply for, accept or participate in Campaigns made available through the Platform, subject to applicable eligibility criteria, Campaign requirements and Platform policies.
Hypp may recommend, rank, match, shortlist, allocate or otherwise facilitate the participation of Creators in Campaigns using manual review, automated systems, algorithms, AI Features or other technologies.
Unless expressly agreed otherwise in writing, Hypp does not guarantee that any Creator will be recommended, shortlisted, matched, allocated or selected for any Campaign, nor does it guarantee that any Brand will engage any particular Creator.
Campaign Briefs shall set out the objectives, deliverables, timelines, commercial terms, content guidelines and other applicable Campaign requirements.
We may assist in generating, formatting, distributing or managing Campaign Briefs through manual processes, AI Features or other Platform functionalities.
Creators remain solely responsible for ensuring that all deliverables submitted by them comply with the applicable Campaign Brief, Platform policies and Applicable Laws.
We may monitor Campaign performance through the Platform and may provide performance metrics, analytics, reports, recommendations, creator rankings, optimisation suggestions or other operational insights.
Where enabled on the Platform, we may recommend or implement operational adjustments, including creator recommendations, creator substitutions, budget allocation, delivery optimisation or other measures intended to improve Campaign performance.
Such recommendations, analytics or optimisation measures are provided solely to facilitate Campaign execution and shall not constitute guarantees of performance or commercial outcomes.
Unless otherwise expressly agreed in writing, the participating Users shall remain solely responsible for agreeing upon the commercial terms governing their respective Campaigns, including deliverables, timelines, usage rights, approvals, compensation and other applicable commercial arrangements.
Where we provide payment facilitation or other managed services, such services shall remain subject to these Terms and any additional terms notified by us from time to time.
Campaigns may be modified, suspended or cancelled by the relevant Users or by us where reasonably necessary to:
Hypp shall not be liable for any loss arising from the modification, suspension or cancellation of a Campaign undertaken in accordance with these Terms or Applicable Laws.
A Campaign shall be regarded as completed when the agreed deliverables have been fulfilled, the applicable approvals (if any) have been obtained, and the participating Users otherwise acknowledge or the Platform records that the Campaign has concluded.
Completion of a Campaign through the Platform does not constitute an acceptance, endorsement, certification or guarantee by Hypp of the Campaign, its deliverables, performance, commercial outcomes, compliance with Applicable Laws, or the accuracy, quality or legality of any associated Content.
Where payment facilitation services are made available through the Platform, Campaign completion shall not by itself constitute confirmation that any payment has been released, settled or finally processed, and any payment shall remain subject to the applicable payment terms, verification procedures and Platform policies.
Users shall access and use the Platform in compliance with these Terms, all applicable laws, regulations, industry standards and any applicable Platform policies. Users are solely responsible for ensuring that their activities conducted through or in connection with the Platform comply with all legal and regulatory requirements applicable to them. Users shall use the Platform only for lawful purposes and shall not engage in any activity that interferes with, disrupts or adversely affects the operation, security or integrity of the Platform.
Users shall ensure that all information, content, representations and materials provided through the Platform are true, accurate, complete and not misleading. Users shall promptly update any information that becomes inaccurate or materially changes.
Users shall not, directly or indirectly:
Each User remains solely responsible for:
Users are encouraged to promptly report any suspected fraud, misuse, security incident, infringement or violation of these Terms that comes to their attention. We reserve the right to investigate such reports and take such action as it considers appropriate, including restricting access to the Platform or removing content, without prior intimation.
Brands shall ensure that all Campaigns, Briefs, instructions, materials and other information submitted through the Platform comply with these Terms, Applicable Laws and all applicable advertising, consumer protection and industry standards. Brands shall not require or encourage Creators to engage in any activity that is unlawful, misleading, deceptive or otherwise prohibited.
Brands are responsible for ensuring that all Campaign information, including objectives, deliverables, timelines, eligibility criteria, commercial terms and other requirements, is accurate, complete and not misleading.
Where any Campaign details materially change, the Brand shall promptly notify us and, where applicable, the affected Creator(s).
Brands represent and warrant that they own, control or have obtained all rights, licences, permissions and approvals necessary to use and provide all trademarks, logos, product images, creative assets, promotional materials and other content made available in connection with a Campaign.
Brands shall be solely responsible for ensuring that such materials do not infringe the intellectual property, privacy or other rights of any third party.
Brands shall ensure that their Campaigns comply with all applicable advertising, marketing, endorsement and disclosure requirements, including any guidelines issued by statutory or self-regulatory authorities applicable to the relevant jurisdiction. Where disclosures, disclaimers or mandatory statements are required, the Brand shall clearly communicate such requirements to participating Creators.
Brands acknowledge that Hypp facilitates Campaigns through the Platform but does not guarantee the availability, suitability or performance of any Creator. The final decision to engage a Creator remains with the Brand, and the Brand shall independently assess whether a Creator is suitable for the Campaign.
Brands shall:
Brands remain solely responsible for all commercial decisions relating to their Campaigns, including the approval of Campaign participants, deliverables and commercial terms. Where the Platform provides recommendations, rankings, matching or other technology-enabled assistance, such assistance is provided solely to facilitate Campaign execution and does not transfer responsibility for such decisions on Hypp.
Hypp's involvement in facilitating or managing Campaigns through the Platform shall not be construed as an endorsement, representation or guarantee of any User, Campaign, deliverable or commercial decision.
Where we reasonably believes that a Brand has breached these Terms or engaged in conduct that may expose the Platform, its Users or any third party to legal, regulatory, operational, financial or reputational risk, we may, without prior notice where reasonably necessary, suspend or remove the relevant Campaign, restrict or suspend the Brand's access to the Platform, place any associated payments on hold (where applicable), require corrective action, or take any other action permitted under these Terms. Such action shall be without prejudice to any other rights or remedies available to Hypp under these Terms, Applicable Laws or in equity.
Creators shall maintain accurate and up-to-date profile information on the Platform and ensure that any information relating to their identity, social media presence, professional experience and other relevant details is not false or misleading.
Creators shall participate only in Campaigns that they are capable of performing and shall use reasonable efforts to fulfil the agreed deliverables, timelines and Campaign requirements. Where a Creator becomes aware of any circumstance that may affect their ability to perform a Campaign, they shall promptly notify us.
Creators remain solely responsible for all content created, published or submitted in connection with a Campaign.
Creators shall ensure that such content:
Creators shall act professionally and in good faith in their dealings with Hypp, Brands, Agencies and other Users. Creators shall not engage in abusive, threatening, discriminatory, fraudulent or otherwise inappropriate conduct while using the Platform.
Creators acknowledge that Hypp facilitates Campaigns and related commercial engagements through the Platform but does not guarantee Campaign invitations, recommendations, selection, engagements or commercial opportunities. Creators remain solely responsible for their participation in Campaigns and for complying with the applicable Campaign requirements, deliverables and commitments accepted by them.
An Agency using the Platform on behalf of a Brand or Creator represents and warrants that it has the necessary authority to act for and bind the relevant Brand/ Creator in relation to the Campaigns, instructions and activities carried out through the Platform. Hypp may rely on any instructions, approvals or communications received from an Agency acting on behalf of a Brand/ Creator unless notified otherwise.
Agencies shall:
An Agency shall be responsible for all instructions, approvals, representations and communications submitted through its Account.
Where an Agency acts beyond the authority granted by a Brand/ Creator, we shall not be responsible for any resulting dispute between the Agency and the Brand and/or Creator.
An Agency shall promptly notify us if its authority to represent a Brand/ Creator is suspended, limited or terminated. Hypp may request reasonable evidence of an Agency's authority at any time and may suspend or restrict access to the relevant Account until such authority is verified.
Unless otherwise restricted by applicable law or written agreement, an Agency may represent multiple Brands/ Creators through the Platform.
The Agency shall ensure that it manages each Brand/ Creator independently and avoids any actual or potential conflict of interest that may adversely affect Campaign administration or the legitimate interests of its clients.
Without prejudice to any other rights available under these Terms, we may suspend or restrict an Agency's access to the Platform where it reasonably believes that:
Where payment functionality is made available through the Platform, we may facilitate the collection, receipt, administration, processing, settlement and, where applicable, temporary holding or release of payments between Brands and Creators in connection with Campaigns. We may engage one or more regulated payment gateways, banking partners or other third-party payment service providers for processing payments through the Platform.
The availability of payment functionality shall be subject to these Terms, Applicable Laws and any additional terms or operational requirements communicated by Hypp from time to time. However, we are not a bank, payment system operator, escrow agent or trustee.
Where payment facilitation is available, Brands shall ensure that all payments relating to a Campaign are made through the payment methods approved or made available by Hypp. We may decline to commence, continue or complete a Campaign until the applicable payment requirements have been satisfied.
A Brand shall not be entitled to require Hypp to release any payment unless the applicable payment has been successfully received and verified. Failure to comply with this Clause may result in suspension of the relevant Campaign, withholding of Campaign deliverables, suspension of the Brand's Account or any other action permitted under these Terms.
Subject to these Terms, Hypp may facilitate the release of payments to a Creator upon:
Nothing in these Terms shall require Hypp to release any payment where it reasonably believes that doing so would violate Applicable Laws, these Terms or any applicable Platform policy.
Users acknowledge and agree that they shall not be entitled to any interest, investment return or other compensation in respect of any amounts temporarily received, administered, processed or held through the Platform.
Hypp may temporarily place any payment on hold where it reasonably believes that:
Any payment hold shall continue until the relevant issue has been resolved or Hypp otherwise determines that the payment may be processed.
Where a dispute arises regarding Campaign completion, deliverables or payment entitlement, Hypp may temporarily withhold the disputed amount until the dispute is resolved or such other action is considered appropriate under the circumstances.
Hypp may, but shall not be obligated to, facilitate discussions between the affected Users with a view to resolving the dispute. Hypp's decision to facilitate a dispute shall not constitute an assumption of responsibility for determining the contractual rights or liabilities of the Users.
Where a Campaign is cancelled, terminated or otherwise fails to proceed, Hypp may process refunds, reverse payments or adjust payment allocations where permitted under the applicable Campaign terms, Platform policies, Applicable Laws or the instructions of the relevant Users. Nothing in this Clause shall require Hypp to refund any amount where the relevant User is not contractually or legally entitled to such refund.
To the extent permitted under Applicable Laws, Hypp may deduct or set off any amount owed by a User to Hypp against any payment otherwise payable to such User through the Platform.
Hypp may engage one or more regulated payment gateways, banking partners or other third-party payment service providers to facilitate payment processing.
Users acknowledge that payment processing may also be subject to the terms and conditions of such third-party service providers.
Hypp shall not be responsible for delays, failures or interruptions caused solely by such third-party providers, except to the extent resulting from Hypp's own negligence or wilful misconduct.
Each User shall be solely responsible for determining, reporting and paying all taxes, duties, levies or other statutory obligations applicable to amounts paid or received by such User in connection with the Platform or any Campaign.
Where required under Applicable Laws, Hypp may deduct, collect, withhold or remit taxes, duties or other statutory levies before processing any payment.
Users shall provide such tax information or documentation as Hypp may reasonably require for compliance with Applicable Laws and represent that such information is complete and accurate.
The payment records maintained by us in relation to transactions processed through the Platform shall, in the absence of manifest error, constitute prima facie evidence of the relevant payment transaction. Users may notify Hypp of any suspected payment discrepancy within the period specified by us, following which we may review the relevant records.
Hypp and its licensors retain all rights, title and interest in the Platform, including its software, technology, designs, trademarks, logos, databases, content, features and all associated Intellectual Property Rights. Except as expressly permitted under these Terms, no User acquires any ownership rights in the Platform.
Each User retains ownership of the intellectual property, trademarks, logos, content and other materials owned or licensed by such User and made available through the Platform. Nothing in these Terms transfers ownership of any Intellectual Property Rights between Hypp and any User or between Users.
By uploading or making any content available through the Platform, each User grants Hypp a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, transmit, adapt (solely for technical compatibility) and otherwise use such content to the extent reasonably necessary to:
This licence shall continue only for so long as reasonably necessary for the foregoing purposes or as otherwise required by applicable law.
Unless otherwise agreed in writing between the relevant Users, Hypp does not claim ownership of Campaign deliverables and is not responsible for determining or enforcing ownership or licensing arrangements between Brands and Creators.
If a User provides suggestions or feedback relating to the Platform, we may use such feedback without restriction or obligation to compensate the User.
Hypp may make available artificial intelligence powered features to assist Users in creating, refining or editing Campaign Briefs and other related content ("AI Features"). The AI Features are intended solely as productivity tools and are designed to assist Users in preparing draft content.
Users acknowledge that content generated through the AI Features may be incomplete, inaccurate or unsuitable for a particular Campaign. Users remain solely responsible for reviewing, modifying, approving and verifying all AI-generated content before publishing, sharing or relying upon it.
Hypp does not represent or warrant that AI generated content:
Users shall exercise independent judgment before using any AI generated content.
The AI Features, including the underlying technology, software, algorithms, models, prompts, workflows and related Intellectual Property Rights, are owned by or licensed to Hypp or its licensors. Subject to these Terms, Users retain ownership of the final Campaign Briefs and other content created, edited or submitted by them through the Platform.
To improve, develop, test, monitor and enhance the AI Features and the Platform, Hypp may use prompts, instructions, inputs, feedback and other information submitted by Users (except use of identifiable confidential information or personal data without express consent of the User), while using the AI Features together with AI generated outputs, in accordance with Applicable Laws and the Privacy Policy.
Where reasonably practicable, Hypp may aggregate, anonymise or de-identify such information before using it for analytics, service improvement, model evaluation, quality assurance, research, security, fraud prevention or product development purposes.
Hypp may modify, improve, suspend or discontinue any AI Feature at any time. Hypp does not guarantee the uninterrupted availability, performance or continued functionality of any AI Feature. Nothing in this Clause transfers ownership of a User's content to Hypp or permits Hypp to use such content in a manner prohibited by Applicable Law or the Privacy Policy.
Users shall not use the AI Features to generate or assist in generating content that:
Hypp reserves the right to restrict or suspend access to the AI Features where it reasonably believes that they are being misused.
Your collection, use, storage, disclosure and other processing of personal data through the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.
For the purposes of these Terms, "Confidential Information" means any non-public business, commercial, financial, technical or operational information disclosed by a User or Hypp in connection with the Platform or a Campaign, whether in written, electronic, oral or any other form, including Campaign Briefs, marketing strategies, pricing, commercial terms, product information, business plans and other proprietary information.
Confidential Information does not include information that:
Each User agrees to:
Confidential Information may be disclosed where:
The obligations of confidentiality set out in this Section shall survive the suspension, termination or expiry of these Terms and shall continue for so long as the relevant Confidential Information remains confidential or until such information ceases to qualify as Confidential Information under Clause 14.1, unless a longer period is required under Applicable Law or agreed in writing between the relevant parties.
Hypp may temporarily suspend, restrict or limit a User's access to the Platform, in whole or in part, where it reasonably determines that:
Hypp may terminate or permanently deactivate a User's Account where:
Nothing in these Terms shall prevent us from immediately suspending or terminating access to the Platform without prior notice where we reasonably consider such action necessary to:
Upon suspension or termination:
A User may discontinue use of the Platform and terminate its Account at any time by following the account closure process made available by Hypp. Termination shall not affect any rights, obligations or liabilities accrued prior to the effective date of termination.
To the fullest extent permitted under Applicable Laws, Hypp shall not be liable for any suspension, restriction or termination of a User's access to the Platform where such action is taken in accordance with these Terms, Applicable Laws or to protect the legitimate interests of the Platform, its Users or third parties.
The Platform and all features, Content, AI Features and services made available through it are provided on an "as is" and "as available" basis.
To the fullest extent permitted under Applicable Laws, we disclaim all representations, warranties and conditions, whether express, implied or statutory, including any warranties relating to merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, accuracy, reliability or suitability of the Platform.
Without limiting the foregoing, we do not represent or warrant that:
Except as expressly provided in these Terms or under a separate written agreement, Hypp operates solely as a technology enabled Creator Media Exchange and is not a party to the underlying commercial arrangement between Users.
Hypp may facilitate Campaign administration, communications, payment processing and other Platform services but does not guarantee the performance, quality, legality, commercial success or payment obligations of any User.
Hypp is entitled to rely upon the information, representations, instructions, payment details, Campaign Briefs, Creator profiles, audience metrics and other materials provided by Users and shall not be responsible for independently verifying their accuracy or completeness unless it has actual knowledge that such information is false, fraudulent or materially misleading.
Users acknowledge that their interactions and commercial arrangements with other Users are undertaken at their own risk, and Hypp is not responsible for monitoring or guaranteeing the conduct or performance of any User except to the extent as expressly provided in the Terms.
To the fullest extent permitted under Applicable Laws, Hypp, its affiliates, directors, officers, employees, licensors and service providers shall not be liable for any:
To the fullest extent permitted under Applicable Laws, Hypp's aggregate liability arising out of or in connection with these Terms or the use of the Platform shall not exceed:
Nothing in these Terms shall exclude or limit any liability that cannot lawfully be excluded or limited under Applicable Laws.
The User agrees to defend, indemnify and hold harmless Hypp, its affiliates, directors, officers, employees, licensors and service providers from and against any claims, actions, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or relating to:
Nothing in this Section shall limit or exclude any liability that cannot be lawfully excluded or limited under Applicable Laws.
These Terms, together with the Privacy Policy, Cookie Policy and any other policies or supplemental terms expressly incorporated by reference, constitute the entire agreement between Hypp and the User regarding the use of the Platform.
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect in accordance with Applicable laws.
No failure or delay by Hypp in exercising any right or remedy under these Terms shall constitute a waiver of such right or remedy and will not preclude Hypp from its subsequent exercise.
Hypp may assign, transfer its rights and obligations under these Terms in connection with a merger, acquisition, corporate restructuring, subject to Applicable laws.
These Terms and any dispute, controversy or claim arising out of or in connection with these Terms or the Platform shall be governed by and construed in accordance with the laws of India.
The parties shall endeavour to resolve any dispute arising out of or relating to these Terms through good faith discussions. If the dispute is not resolved within thirty (30) days from the date on which written notice of the dispute is received by the other party, either party may refer the dispute to arbitration in accordance with Clause 17.3. Nothing in this Clause shall prevent the parties from resolving a dispute through mediation or any other mutually agreed alternative dispute resolution mechanism.
Any dispute, controversy or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, performance or termination, shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. If the Parties fail to mutually agree upon the appointment of the sole arbitrator within thirty (30) days of a written request by either Party to commence arbitration, the sole arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi, India. The arbitration proceedings shall be conducted in the English language. The arbitral award shall be final and binding on the Parties.
Nothing in this Section shall prevent Hypp from seeking interim, injunctive or equitable relief before any court of competent jurisdiction to protect its intellectual property, confidential information, Platform security, payment rights or other legal rights pending the resolution of any dispute.
Subject to this Clause 17, the courts at New Delhi, India shall have exclusive jurisdiction over all matters arising out of or relating to these Terms, including applications for interim or conservatory relief and the recognition or enforcement of any arbitral award.
To maintain a safe, professional and trustworthy Platform, all Users shall comply with Hypp Community Standards and other platform policies as will be updated from time to time. Users shall not use the Platform to engage in conduct that is unlawful, abusive, defamatory, harassing, fraudulent or otherwise inconsistent with the intended purpose of the Platform or these Terms. Hypp may remove content, restrict Campaigns, suspend Accounts or take such other action as it reasonably considers necessary where a User violates such Community Standards or related platform policies.