TERMS OF SERVICE
Completion Period - the time in which the Order is completed with a ready to be sent Video as the final result.
Video - a video starring the Influencer with the Content entered into Hype Me by the User, being the subject of the Order.
Hype Me - a service available in the mobile application "Hype Me App" or at the website under the address www.hypemeapp.co, whose owner and administrator is the Service Provider.
Influencer - a natural person whose image is used in the Video.
Consumer - a natural person entering into a legal transaction with an entrepreneur (i.e. with the Service Provider), which is not directly related to their business or professional activity.
Account - free of charge Service provided electronically by the Service Provider; part of Hype Me assigned to the User.
Recipient - a person or persons designated by the Service Recipient as the audience of the Video.
Terms of Service - these Terms of Service for the provision of Services via Hype Me.
Content - personalised texts provided by the User, which are elements of the Video.
Agreement - an agreement for the provision of Services concluded between the Service Provider and the Service Recipient, the general provisions of which are set out in these Terms of Service.
Services - services provided electronically by the Service Provider under the Agreement, consisting in providing access to Hype Me functionalities, in particular the functionalities enabling the User to receive the Video with the Influencer and Content selected by the User and sharing this Video with the Recipients
Service Recipient - the User or an entity represented by the User on behalf of whom the Account is created and for whom the Order is placed.
Service Provider - Hype Me sp. z o.o. with its registered office in Warsaw, ul. Kolejowa 5/7, entered in the Register of Businesses of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Business Division of the National Court Register, under KRS [National Court Register] No.: 0000759647, NIP [VAT No.]: 5272872892, REGON [National Official Business Register No.]: 381890458.
User - a natural person having full or limited legal capacity, using Hype Me as specified in the Terms of Service.
Order - a statement of intent of the User leading directly to the conclusion of the Video agreement and laying down its essential terms and conditions, including details about the form of the Video, Recipient and Content, as well as the choice of the Influencer.
II. PRELIMINARY PROVISIONS
- These Terms of Service define the terms and conditions of using Hype Me and performing the Services for the Users, as well as the rights and obligations of the Users and the Service Provider, including the complaint procedure.
- As part of Hype Me, the Service Provider makes these Terms of Service available free of charge to each User before the conclusion of the Agreement, and also – at their request – in such a way that enables to download, view and save these Terms of Services by means of an ICT system used by the User.
- The User may use Hype Me only after having read the Terms of Service and having accepted the terms and conditions specified therein. If the User fails to accept the Terms of Service, they are not allowed to use Hype Me.
- The Service Provider represents that as part of the sale of Videos, a portion of the fee paid by the User shall be used for charity purposes and be provided to a foundation or other entity that supports charity designated by the Influencer.
III. GENERAL TERMS AND CONDITIONS FOR THE USE OF SERVICES
- The following Services are provided as part of Hype Me: maintaining and providing Account functionalities, creating and sharing Videos, storing Videos and sending notifications concerning the Recipients.
- In order to use all functionalities of Hype Me, the following minimum technical requirements must be met on the part of the User:
a) an Android or iOS mobile device with Internet access to enable Hype Me interface to be displayed correctly;
b) an active e-mail account;
c) Chrome, Firefox, Internet Explorer, Safari or Opera web browser installed and updated to the latest version;
d) installed Hype Me mobile application.
- It is forbidden to use Hype Me contrary to the provisions of these Terms of Service, applicable law, principles of morality or rules of social coexistence. The User is forbidden to provide illegal content.
- The Service Provider does not place on Hype Me offers made in electronic form as defined in the Civil Code. In particular, the provisions relating to making offers in electronic form shall not apply.
- Hype Me and its elements, including design and content, as well as images of Influencers, are protected by copyright and/or other intellectual property rights. These elements may not be reproduced, distributed or published by the User, in whole or in part, without the consent of the Service Provider or Influencer determined by the functionalities of the Services. In particular, the Agreement does not allow the User to reproduce, distribute, rent out, sell or otherwise redistribute, directly or indirectly, whether for a fee or free of charge, elements of Hype Me without Service Provider’s knowledge. Should the above provisions be violated by the User, the Service Provider shall have the right to request payment of liquidated damages in the amount of PLN 5.000,00 zł (PLN five thousand) for each violation. Payment of the liquidated damages shall not preclude the Service Provider from seeking redress on general terms where the amount of the damage exceeds the amount of liquidated damages.
- The Service Provider shall have the right to change the elements and functionalities of Hype Me or Services. However, the Service Provider promises that these changes shall not impair the quality of Services.
- Detailed principles governing the operation of Hype Me and individual Services are available in dedicated mobile application tabs and on the website at https://hypemeapp.co.
- Subject to the sections below, Users may be natural persons who are at least 18 years of age and have full legal capacity.
- If the User is between 13 and 18 years of age, they may use the Services to the extent that they may acquire rights and make commitments in accordance with the law applicable to the Service Recipient. If the law applicable to the User requires the consent of a legal guardian to use the Services, the legal guardian must give their consent for the conclusion of the Agreement and the use of the Services at the latest by the time of conclusion of the Agreement.
- The legal guardian of the User who is between 13 and 18 years of age shall be required to submit, at the Service Provider’s request, the consent for the conclusion of the Agreement and the use of the Services.
- To create an Account and conclude the Agreement, the User must complete the Account registration procedure. Registration is initiated by means of the registration form available on Hype Me on the Hype Me website. Then, the User shall follow Hype Me prompts.
- If the Account is not created for a natural person, by sending an account registration application, the User declares that they act on behalf of the Service Recipient who is a legal person or other organisational unit, and that they are duly authorised to act on behalf of and for the Service Recipient.
- Upon confirmation by the Service Provider of account registration, an Agreement for an indefinite period of time is concluded between the Service Recipient and the Service Provider, provided that the User is duly entitled and/or authorised. If the User is not entitled or authorised to the required extent, the conclusion of the Agreement shall be ineffective.
- After the Account has been created, the following free of charge Services shall be provided to the User: sending notifications concerning Recipients, access to Orders and storing information about Recipients.
- The Account contains the User’s data provided by the User during registration. The User shall keep these data up to date and true throughout the term of the Agreement. If these data change in the future, the User shall immediately update them using the appropriate Account editing form.
- The User may not assign the rights and obligations under the Agreement without the consent of the Service Provider sent in electronic form.
- The User must not use the Accounts of other Users and make their Account available to other persons.
- The Account may be deleted by the User at any time by submitting a relevant statement of intent to the Service Provider (by e-mail with the reservation that it must be the same e-mail address as the one used by the User at the time of Account registration) to email@example.com. Requesting the Account to be deleted shall be tantamount to termination of the Agreement.
- Termination of the Agreement shall be effective upon receipt of such a statement by the Service Provider. The Service Provider shall delete the Account within 3 business days.
- Orders may be placed by Users with an active Hype Me account. The purpose of the Order is to conclude a Video agreement, i.e. an agreement for the provision of the Service involving the creation and sending the Video to the User via Hype Me.
- The User prepares the Order by selecting the elements of the Service, in particular by entering the Content and selecting the Influencer. After completing the Order, the User approves it and sends it to the Service Provider by activating the “Book” button, and then make payment in the amount corresponding to the remuneration under the VIdeo agreement.
- When placing the Order, until the payment is made it is possible for the User to detect and correct errors in the Order and to change it via Hype Me. Then, the User cannot change the details of the Order.
- When placing the Order, the User submits an offer to the Service Provider to conclude a Video agreement on the terms and conditions specified by the User in the Order. The User may also submit such an offer on behalf of and for the Service Recipient. By placing an Order, the User agrees to the commencement of services of creating and sending the Film to the User before the expiry of the withdrawal period from the Video agreement, as well as declares, that has been informed about the loss of the right to withdraw from the Video agreement, pursuant to the content of art. 38 point 13 of the Act of 30 May 2014 on consumer rights. The conclusion of the Video agreement shall take place by the acceptance of this offer by the Influencer representing the Service Provider, at the moment when the User receives a confirmation of the terms and conditions of the Order in the Hype Me.
- The content of the concluded Video agreement shall be recorded, secured and made available to the User via Hype Me in the User Account and shall be sent to the User’s e-mail address provided by the User when placing the Order. A digital document confirming the conclusion of the Video agreement shall be sent to the User who placed the Order, received a statement concerning the acceptance of the offer by the Influencer representing the Service Provider and received the Video. An invoice or bill shall be issued at the User's request.
- The Order Completion Period shall be a maximum of 14 (fourteen) days. The Completion Period shall begin at the moment of the acceptance of the offer.If the Order is not completed within the specified time limit, the remuneration paid under the Video agreement will be immediately (no later than within 1 business day) returned to the User's bank account from which the payment was made.
- Upon completion of the Order, the User shall receive the Video in the appropriate panel of the Hype Me Account. The Recipient may view and/or download the Video within 12 months from the end of the Order Completion Period. After this date, the Video that has not been downloaded shall be deleted.
- The Recipient and the User may use the Video only as part of permitted private use. Any attempt to change the way of sharing the Video or to use the Video or Influencer’s image in any other way, in particular, but not exclusively for commercial, promotional and marketing purposes, shall constitute a violation of the Terms of Service. Should the above provisions be violated by the User, the Service Provider shall have the right to request payment of liquidated damages in the amount of PLN 5.000,00 (PLN five thousand) for each violation. Payment of the liquidated damages shall not preclude the Service Provider from seeking redress on general terms where the amount of the damage exceeds the amount of liquidated damages.
- Up-to-date information on special risks associated with the use of the Services, digital content functionalities and protection measures is available on Hype Me.
- Access to the Internet is required to view the Video that has not been downloaded. Fees for the Service do not include Internet data costs related to the use of the Service, which shall be borne by the User/Recipient according to the rates charged by their Internet service provider.
- It shall be possible to view the downloaded Video only using fully operational equipment that ensures the interoperability of digital content with electronic equipment.
- The User shall have the right to express their opinion about the Influencer by evaluating them using a rating scale of 1 to 5 (where 1 is the lowest and 5 the highest rating), as well as by adding a comment on the recording made by Influencer.
VIII. PRICES AND PAYMENTS
- The use of the Services provided by the Service Provider as part of Hype Me is subject to payment on the terms and in the amount specified in the price list. Prices are given in gross amounts.
- The total price of the Order is calculated according to the choices made by the User in the Order form, using the rates specified in this form. The binding price is given to the User in the summary of the Order.
- The User makes payments via the external electronic payment system.
- An electronic sales document in the form of an invoice or bill is issued at the User's request
- Prices and costs given in Hype Me may be subject to change (e.g. in the course of a promotional campaign). Terms and conditions of the Order cannot be changed in relation to the User who submitted an offer as provided for in the previous sections of the Terms of Service, before making a price change.
- The User adds their own materials to the Video in the form of written text for the purpose of preparing the Video of the appropriate content by the Influencer. All materials entered by the User into Hype Me constitute Content. By entering Content, the User represents and warrants that:
a) they are the owner or lawful owner of the Content, at least to the extent required to be bound by the provisions of these Terms of Service;
b) the Content does not infringe the rights of third parties;
c) the use and disposal of the Content as part of the Services does not infringe the rights of third parties;
d) they shall release the Service Provider from liability for any claims of persons holding the rights to the Content, in particular copyright, who may assert their rights in connection with the use of the Content on Hype Me, and undertakes to fully satisfy them and cover all costs incurred by the Service Provider in this respect.
- For the avoidance of doubt, when posting the Content on Hype Me, the User grants the Service Provider a license, without territorial restrictions and time-limited to the duration of the Video agreement, with sub-licensing rights, to such Content in order to perform the Service and in the following fields of use:
a) recording and reproduction of Content - production of specific pieces of the work, including printing, reprographic, magnetic recording and digital technique,
b) marketing of the original or copies of the Content,
c) public performance, display, reproduction, broadcasting and rebroadcasting, as well as making the Content publicly available in such a way that everyone can have access to it at a place and time of their choice.
- The User must not include in their Order Content that:
a) infringes the rights or personal rights of third parties;
b) contains threats, incites to aggression or contains elements of unjustified violence;
c) constitutes materials that may be used for unlawful, misleading, malicious or discriminatory purposes;
d) is manifestly contrary to the rules of social coexistence or common moral and social norms or netiquette rules;
e) contains vulgar language and phrases that may in any way destroy someone’s dignity;
f) serves marketing or commercial activities;
g) destroys Influencer’s reputation or dignity;
h) promotes hatred based on race, nationality, religion or belief;
i) violates the privacy of others;
j) is pornographic or otherwise inappropriate for people under the age of 18; and
k) contains elements which promote or are associated with arms, alcoholic beverages, drugs, pesticides, poisons and medicines, military organisations and political parties, sects and similar religious cults, pornography, prostitution and other such products/services.
- The Service Provider has technical measures in place to prevent posting of Content that is contrary to the Terms of Service. However, the Service Provider does not monitor or supervise the Content or Videos and therefore they shall not be liable for the data and materials posted on Hype Me and distributed by the Users.
- If the Service Provider receives an official notification or reliable information about the unlawful nature of the Content stored on Hype Me or the related activity of the User, the Service Provider shall have the right to prevent access to such Content by notifying the User in advance by e-mail of their intention to prevent access to the Content and of the reason for such action.
- The consumer shall have the right to withdraw from the agreement without giving a reason by submitting a statement on withdrawal from the agreement to the Service Provider (by e-mail with the reservation that it must be the same e-mail address as the one used by the User at the time of Account registration) to firstname.lastname@example.org. The deadline for withdrawal from the agreement shall be 14 days from the date of conclusion of the agreement. To meet the deadline specified in the previous sentence, it shall be sufficient to send to the Service Provider, before the end of the specified period, a statement on withdrawal in the form referred to in the first sentence of this section.
- The right of withdrawal shall not apply in the case specified in article 38(13) of the Consumer Rights Act of 30 May 2014, i.e. in the case of an agreement for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the consumer has been notified by the Service Provider that they lose their right to withdraw from the agreement. (pursuant to Article VI paragraph 4 of the Terms of Service).
- The Service Provider provides access to the ICT infrastructure and ensures its efficient technical functioning, and is responsible for Hype Me and Services in this respect.
- The Service Provider shall not be liable for any damage caused by the following:
a) intentional violation of these Terms of Service by the User, in particular by providing false data when registering an Account or creating an Account, or placing an Order without being duly authorised to do so;
b) the User’s failure to comply with the requirements for the provision of Services;
c) making the login or password to the User’s Account available to third parties by the User;
d) malicious software (malware) unlawfully entered into Hype Me by the User or third parties;
e) deletion of the Account by the User;
f) termination of the Agreement or Video agreement by the Service Provider as a result of the wrongful act or omission of the User;
g) briefly preventing or hindering access to Hype Me due to the necessity to perform repair, maintenance or upgrade operations in Hype Me or its elements;
h) defects, in particular legal defects in the Content;
i) publication by the User of illegal content infringing the rights of third parties, unless such damage is caused by Service Provider’s actions.
XII. HYPE ME OPERABILITY
- The Service Provider shall make every effort to ensure the proper functioning of Hype Me.
- The Service Provider agrees to ensure the continuity of the Services in a calendar year to the fullest extent possible, but this does not include events and their consequences related to force majeure or actions on the part of the server provider.
- To ensure higher quality of Services and proper operation of Hype Me, the Service Provider shall occasionally perform Hype Me maintenance or upgrade operations. Therefore, the Service Provider reserves the right to interruptions in the Services, which are necessary to perform technical work, each time not longer than 12 hours. Service Provider shall notify the Users of any such interruption at least 24 hours in advance.
XIII. VIOLATION OF THE TERMS OF SERVICE
- Irrespective of other remedies provided for in these Terms of Service, violation of the Terms of Service by the User, in particular by acting to the detriment of the Service Provider, may result, at the discretion of the Service Provider, in the following consequences:
a) warning given to the User by the Service Provider;
b) blocking access to the Account;
c) deletion of the Video from Hype Me before the end of the 12-month period;
d) deletion of the Account;
f) preventing the User from creating an Account once again.
- The Service Provider shall notify the User of deletion of the Account or termination of the Agreement in an e-mail sent to the User’s e-mail address provided when concluding the Video Agreement, providing the reason for such termination.
XIV. REPORTING VIOLATIONS AND COMPLAINTS
- The User shall have the right to lodge a complaint about the operation of Hype Me and the Services provided via Hype Me. A complaint should contain at least data making it possible to identify the User, as well as justified objections and comments concerning Hype Me or the Services. The complaint should be sent to email@example.com or to the Service Provider’s registered office.
- The Service Provider shall respond to the complaint within 7 (seven) business days from the date of its receipt if the complaint has been properly lodged. The User shall be sent a reply to the address from which the complaint was sent or to the address which they provided in the complaint.
XV. SPECIAL PROVISIONS
- If the User is not a Consumer, the following special provisions shall apply:
a) the Service Provider shall be liable only for damage caused to the User by wilful misconduct, the Service Provider shall not be liable for lost profits, and the Service Provider’s liability shall always be limited to PLN 1,000;
b) if any of the provisions of the Terms of Service are contradictory or inaccurate, the Service Provider shall have the right to make an interpretation of the Terms of Service that shall be binding on the User. If any of the provisions of these Terms of Service turns out to be invalid in whole or in part, the remaining provisions shall remain in force. The remaining provisions of the Terms of Service shall be interpreted in such a way that their legal force and economic effect are as close as possible to the invalid provisions in the manner indicated by the Service Provider;
c) the price of the Service shall in any case be non-refundable.
XVI. AMENDMENTS TO THE TERMS OF SERVICE
- The Service Provider may amend these Terms of Service for important legal reasons (change of generally applicable regulations concerning the Service Provider’s activity or the form of Service Provider’s activity) or technical reasons (upgrade of Hype Me infrastructure). The reason for amending the Terms of Service shall each time be notified as specified below.
- Users having the Account shall be notified of amendments to the Terms of Service in an e-mail sent 7 (seven) days before the new version of the Terms of Service comes into force. During this period of time, the User who is a Consumer must again accept the Terms of Service or refuse to accept them. If the User who is not a consumer does not terminate the agreements and does not stop using Hype Me within this period of time, it shall be considered that they have accepted the amended version of the Terms of Service without reservations.
- Orders placed before the amendments to the Terms of Service come into force shall be completed in accordance with the current wording of the Terms of Service. Amendments to the Terms of Service must not infringe the rights acquired by the Users.
XVII. APPLICABLE LAW AND JURISDICTION
- The law applicable to the obligations under the Ageement will be Polish law (choice of law clause), and the competent court will be the Polish court (jurisdiction clause), provided that it doesn’t deprive the Consumer of protection in accordance with the mandatory provisions of the law of the Consumer’s country of habitual residence.
- The Consumer may use dispute resolution procedures that are alternative to judicial proceedings (alternative dispute resolution – ADR), including in particular mediation, conciliation or arbitration (arbitration tribunal). A list of bodies the consumer may turn to for resolution of disputes using ADR procedures is available online at http://ec.europa.eu/consumers/solving_consumer_disputes/nonjudicial_ redress/national-out-of-court-bodies/index_en.htm.
- Consumers may also make use of out-of-court complaint and redress procedures by submitting their complaint via the EU Online Dispute Resolution (ODR) Platform which is available at http://ec.europa.eu/consumers/odr/.
- If the User does not want to use ADR or ODR, any disputes arising from the Terms of Service or sales agreements shall be settled by common court according to general jurisdiction. Disputes between the Service Provider and the User who is not a Consumer at the same time shall be settled by a court having jurisdiction over the registered office of the Service Provider.
XVIII FINAL PROVISIONS:
- These Terms of Service were drawn up in Polish and translated into other languages. In the event of any discrepancies between the Polish language version and the translations, the Polish version shall prevail.
- None of the provisions of these Terms of Service may be interpreted in a way that would limit the rights of the Consumers to comply with applicable law.
- If the Service Provider does not exercise the right or entitlement when able to do so, it will not prevent the right or entitlement from being exercised in the future. If the Service Provider does exercise the right or entitlement, he may do so again in the same or in a different manner.
- The rights of the Service Provider and the User, as well as legal remedies under the Agreement are supplementary, and do not wave all other rights and claims.
- If any of the provisions of the Agreement turn out to be invalid, violating public order or unenforceable by the court competent for the appropriate jurisdiction, and it will be legally established after exhausting all available appeals, this provision will then be modified to the extent necessary to make it valid and enforceable. If such a provision cannot be modified in the above manner, it shall be deemed as removed from the Agreement in its entirety, and the remaining part of the Agreement shall remain in force.
- In matters not covered by these Terms of Service the provisions of Polish law shall apply, in particular the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964 No. 16 item 93 as amended). and the Act of 30 May 2014 on consumer rights (Journal of Laws from 2017, item 683).
- Any doubts arising from the interpretation of these Terms of Service should be interpreted in a way that ensures compliance of these Terms of Service with the mandatory provisions of law.
Effective date of the Terms of Service: 01.07.2020