INHYPE TERMS AND CONDITIONS
InHype, a division of Access Digital Middle East FZ-LLC (collectively referred to as “InHype”), has created these terms and conditions to govern your use of the InHype website and associated application (together “InHype Platform”). By using the InHype Platform, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must refrain from using the InHype Platform immediately.
The InHype Platform has been created to allow product brands and/or their agents (together “Brands”) to interact and form relationships with individuals capable of promoting the Brand’s products through online means, such as blogs and/or social media accounts (“Users”) for the purpose of creating and distributing sponsored posts through the User’s social media accounts, subject to compliance with these terms and conditions.
The InHype Platform is designed for use by people aged 18 years and over. Users under the age of 18 years may only use the InHype Platform with the consent of a parent or legal guardian. Users using the InHype Platform must be eligible to use the social media platforms upon which they intend to publish posts.
InHype may revise these terms and conditions at any time by updating this page. Revisions will take immediate effect and may affect your ability to use the InHype Platform. Please check these terms and conditions each time you use the InHype Platform and wherever prompted to do so. Your use of the InHype Platform following the posting of any revisions to these terms and conditions constitutes your acceptance of those revisions.
InHype reserves the right to change the InHype Platform in any way without notice and your ability to use the InHype Platform may be terminated at any time without notice. If you do not agree to these terms and conditions, you must immediately exit the InHype Platform and delete the application from your device.
II. LICENSE TO USE THE INHYPE PLATFORM
Unless otherwise stated, Access Digital Middle East FZ-LLC and/or its licensors own the intellectual property rights pertaining to InHype Platform. All intellectual property rights are reserved.
You may view, download, upload and print pages or other content from the InHype Platform subject to the limitations and restrictions set out in these terms and conditions.
Under no circumstances may you decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the InHype Platform; distribute or republish any element of the InHype Platform in any way; resell, rent, lease or lend any element of the InHype Platform; defeat, disable or circumvent any security feature of the InHype Platform; or transfer any element of the InHype Platform to any third party.
III. InHype Platform ACCOUNTS
In order to use the InHype Platform, Brands and Users must register an account in the manner required at the time of registration and subject to these terms and conditions. A User account (“User Account”) will be different in format and content than a Brand account (“Brand Account”).
Any person over the age of 18 years may register a User Account, but in order to participate in any Brand campaigns (“Campaign(s)”) and earn compensation through the InHype Platform, a User must meet the following minimum standards:
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
InHype reserves the right and absolute discretion to refuse or cancel the registration of an account for any reason. A decision by InHype to cancel an account is final and may not be appealed.
InHype retains the right and absolute discretion to terminate an account and/or entry to the InHype Platform if it believes that a user (i) is abusing or tampering with the InHype Platform in any way; (ii) has breached these terms and conditions; or (iii) has engaged in any unlawful or other misconduct with the intention to jeopardize the InHype Platform. InHype’s legal rights to recover damages or other compensation from such an offender are reserved.
All information provided when registering an account must be current, correct and complete. Incomplete, ineligible or incomprehensible account registrations will not be accepted. No user may use an account besides their own without the necessary prior permission the owner of the account or from InHype.
Users are responsible for maintaining the strict confidentiality of their account details and activity. Any unauthorized use of a user’s account or any other breach of security must immediately be reported to InHype. It is the user’s sole responsibility to control entry to and use of their account and to notify InHype when their account should be cancelled. InHype will not be responsible or liable for any loss or damage arising from a user’s failure to comply with this provision.
The use of any automated software or any other mechanical or electronic means facilitating a member to create accounts is prohibited. InHype reserves the right to suspend or terminate a user’s account if it believes they are engaging in such activity.
IV. USER CONTENT
Brands can share their Campaigns with Users via the InHype Platform. Users using the InHype Platform can respond to a Campaign by creating a post (“Post”) and submitting it to the relevant Brand for approval. Users earn compensation when a Brand approves a Post and the Post is published by the User via their respective Channels. The Brand is solely responsible for reviewing and approving all Posts that form part of their Campaign and for the payment of the applicable fee (“Post Fee”) in accordance with these terms and conditions.
Upon approval of a Post by a Brand, the User will be obligated to publish the Post to their relevant Channel through the InHype Platform within 24 hours of the Post being approved. The User will not edit a Post after it has been approved by the Brand, unless the User obtains the Brand’s prior written approval to do so. The User will be solely responsible for the publication of Posts.
A User will not, unless otherwise requested or approved by InHype or the Brand, (i) remove the Post from their Channels for a minimum of 50 days after the Post is published; (ii) edit any approved Post after it has been published; (iii) parody, disparage or make fun of the Brand or its products of services in any way;
Posts must adhere to the requirements contained in these terms and conditions, as well as any additional requirements imposed by Brands as part of a Campaign and advised to User at the time of submitting the Post for approval. Posts which do not comply with this condition may be removed from the InHype Platform at InHype’s absolute discretion.
In the event of an incorrect Post, the Brand or InHype may compel the User to post the correct approved Post.
The Brand and InHype have the right to compel the User to remove an approved Post from their Channels. The User will immediately comply with such a request upon receipt of notice to remove the Post and the User will be entitled to full payment of the Post Fee in accordance with these terms and conditions.
Any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be discussed and agreed by InHype and the relevant User and Brand prior to publication.
V. SOCIAL MEDIA
The InHype Platform may utilize a social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). A User’s use of a social media platform, or any social media applications or features on the InHype Platform, will be subject to the particular social media platform's prevailing terms and conditions.
The User should review the terms and conditions of use of each social media platform prior to using the InHype Platform.
The InHype Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
A User will have earned the Post Fee after an approved Post has been published by the User for a period of TEN (10) CALENDAR DAYS, in accordance with these terms and conditions. All proceeds due to the User will be credited to the User Account After 10 working days of the last scheduled post.
Proceeds accumulated in the User Account will be transferred to the User’s nominated bank account every 18th of each month. A User will forfeit their right to payment if they fail to comply with these terms and conditions. No payments other than the Post Fee are payable in respect of each approved Post.
To be eligible to receive payment, the User must provide their complete and accurate financial details (i.e., the nominated bank account details) as well as any other details requested by InHype at the time of payment. The User is responsible for the accuracy of their nominated bank account details.
The relevant Brand, not InHype, will be solely liable for Payment of the applicable Post Fee. InHype acts strictly as a facilitator of payment on behalf of the Brand and, while InHype may remit payment directly to the account details provided by User, under no circumstances does InHype accept liability for payment of the Post Fee. The User will not pursue any action, legal or otherwise, against InHype for any non-payment, and this provision constitutes a bar to any such proceedings.
Neither the User nor their agents will negotiate terms or payment from Brands outside the InHype Platform. Any attempt to circumvent the InHype Platform may result in the removal and ban of the User from the InHype Platform, to be enforced at InHype’s sole discretion.
The Brand will pay InHype all fees and charges applicable to the Brand Account in compensation for the agreed Post Fees and use of the InHype Platform. All charges will be paid in the method approved by InHype from time to time. If no manner for payment is stated, the payment must be made by credit card using a provider authorized by InHype or bank transfer via an issued invoice from InHype. InHype reserves the right to charge a credit card surcharge.
Brands and Media Agencies may request InHype to issue an invoice for fees and charges incurred by the Brand or Media Agency during the course of a Campaign (“Invoice”). InHype reserves the right to refuse, at its sole discretion, any Invoice request.
Where no terms of payment are stated on an Invoice or otherwise agreed with InHype in writing, the following standard payment terms apply:
Payment of all Invoices is due in accordance with these terms and conditions. InHype will not issue any refunds to a Brand or Media Agency. In the event that a Brand or Media Agency is entitled to any excess amounts resulting from overpayment of any invoice, those amounts will be refunded to the Brand or Media Agency as a credit to be applied to a future Campaign. Credits will be applicable only to the products of the same Brand, or in case of a Media Agency, products of a different Brand only upon providing InHype with a written approval by the originally credited Brand permitting the transfer of the credit. Transferred credit must be used on a new Campaign within 12 months from the date of the original Invoice or is forfeited.
By approving a Post, a Brand or Media Agency undertakes (i) that they are the authorized user of the card or account, as nominated on the relevant Brand Account; (ii) to pay the applicable charges; (iii) that the card details provided are current, correct and complete; and (iv) that the nominated card or account will cover the full amount of the charges.
All payments, or attempts of payment, must be through lawful means. At the start of each Campaign, InHype may preauthorize the nominated card or account to verify the details provided and to ensure sufficient funds are available. The relevant Campaign will not be shared with Users via the InHype Platform until this pre-authorization requirement has been satisfied.
In the event of payment by a nominated card, the Brand authorizes InHype to debit the Post Fee directly from the nominated card upon a User publishing an approved Post.
We accept payments online using Visa and MasterCard credit/debit card in AED or USD.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.
www.inhype.social will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
Should a Brand fail to pay any charges or InHype is unable to successfully process the payment of any charges within the permitted timeframe, InHype may charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than AED 100 per month. InHype reserve the right to suspend or terminate the use of the InHype Platform or to suspend or terminate any current Campaigns should the Brand fail to pay any charges within the timeframe and in the manner required.
The Brand may not offer a product, service or other non-monetary arrangement to a User as partial or full payment by a Brand for a User’s Post.
Refunds will be done only through the Original Mode of Payment and if the posts have not gone live.
VII. INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in all Intellectual Property Rights in Posts will remain or be vested in the User. Nothing in these terms and conditions will be taken to constitute a transfer, assignment or grant of any ownership rights in the Posts to any other party, including InHype or the Brand.
In consideration for payment of the Post Fee, the User agrees to grant in respect of each and every Post:
The relevant Brand will not be required to remove from its Channels any Post or any comment, share or re-post of a Post after the three-month minimum Post period has expired.
The Brand agrees to grant in respect of all content uploaded to the InHype Platform as part of a Campaign:
VIII. LIMITATION OF LIABILITY
A user of the InHype Platform is solely responsible for their interactions with other users of the InHype Platform.
InHype is not responsible for, nor does it endorse, (i) the conduct of any user, or (ii) any content posted using the InHype Platform. Content is provided by the relevant User or Brand, as applicable, and is not moderated, approved or endorsed by InHype and no content constitutes a representation by InHype. All questions or concerns regarding content, including the right of reproduction, must be made to InHype directly, or if advised by InHype, to the relevant User or Brand directly.
InHype does not have any obligation to pre-moderate, monitor, edit or remove any Content. All legal responsibility for content that violates these terms and conditions will be assumed by the user responsible for such content.
The Brand agrees that InHype is not responsible for any aspect of the Brand’s content to be reviewed, shared, sponsored or advertised by Users. Brand acknowledges and agrees that InHype is not responsible or liable for the content of any Post.
In using the InHype Platform, a user may be exposed to content that is harmful, obscene, misleading or inaccurate. Under no circumstances will InHype be liable in any way for any content, including but not limited to any errors or omissions in such content or any loss or damage of any kind incurred as a result of any use of content posted, transmitted or otherwise made available via the InHype Platform.
Any liability of InHype to a Brand in connection with these terms and conditions or the Brand’s use of the InHype Platform, regardless of the form or cause of action, will be limited to the amount actually paid by the Brand to InHype for the services related to the Brand’s most recent Campaign.
InHype will not be liable to Users for damages of any kind arising out of the User’s use of the InHype Platform.
In no event will InHype or any of its associated entities, successors in title, licensees or assigns be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, arising out of, or in connection with, the InHype Platform, these terms and conditions, or any Post, content or Campaign. These limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, and regardless of whether InHype or any other party has been advised of the possibility of such damages.
IX. REPRESENTATIONS AND WARRANTIES
InHype has not made, and does not make, any warranties in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise.
Users warrant in respect of each Post they upload to the InHype Platform, submit to a Brand for approval, or publish to a Channel via the InHype Platform, that:
The Brand warrants that they:
Users and Brands warrant, represent and covenant that:
The Brand acknowledges that:
The Brand and the User acknowledge that:
Brand and User agree to indemnify, and must defend and hold harmless, InHype and its related corporate bodies, personnel, and agents, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with (including as a result of direct activities on the InHype Platform) a Brand or User’s:
XII. GENERAL TERMS
Nothing in these terms and conditions is intended to, nor does it create, a partnership, agency, employment or fiduciary relationship between InHype and any user.
A User will, at all times, perform their obligations and provide Posts to InHype and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. Neither InHype nor the Brand will be obliged to pay to or recover from User any amount as a result of User being deemed to be an employee of either InHype or the Brand, including in respect of annual leave, withholding tax, income tax, employee compensation contributions or any similar payments or deductions.
InHype reserves the right to fully monitor the InHype Platform and all account activity. If an Account displays signs of fraud, abuse or suspicious activity, InHype may close or freeze the Account immediately. InHype retains the right and absolute discretion to suspend or terminate any Account, and/or entry to the InHype Platform without notice if InHype believes the user has (i) abused any privilege as a participant in the InHype Platform, (ii) supplied misleading information or made any misrepresentations to InHype in connection with the InHype Platform, (iii) tampered with the InHype Platform in any way, (iv) breached these terms and conditions, or (v) engaged in any unlawful or other improper misconduct designed to jeopardize the InHype Platform. InHype retains the right to remove any content that it considers to breach these terms and conditions. In the event of termination or suspension of a user’s account in accordance with these terms and conditions, the user will have no further InHype to their account for the duration of the suspension or at all in the event of termination. InHype’s legal rights to recover damages or other compensation from you are reserved.
If the InHype Platform does not operate as planned for any reason beyond the reasonable control of InHype, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other reason that corrupts or affects the administration, security, fairness, integrity or proper conduct of the InHype Platform, or if any social media platform alters its terms of service, access or permission in such a way that affects the InHype Platform, InHype reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the InHype Platform.
United Arab of Emirates is our country of domicile. These terms and conditions are governed by and are to be construed in accordance with the laws of the United Arab Emirates. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE
No additional User, Brand or Media Agency originating agreement or other terms and conditions (including purchase order or insertion order terms and conditions) may be imposed on InHype unless agreed by InHype in writing and, in such case, if any terms and conditions in a User, Brand or Media Agency originating agreement or other terms and conditions are inconsistent with these terms and conditions, these terms and conditions will prevail to the extent of any inconsistency.
Any user accessing the InHype Platform on behalf of a legal entity represents that they are authorized to enter into an agreement on behalf of that legal entity. These terms and conditions constitute the entire agreement between the Brand, User (or any user representing the Brand or User) and InHype and govern the use of the InHype Platform, superseding any prior agreements.
No rights or obligations may be assigned by the Brand, User, (or any user representing the Brand or User) under these terms and conditions, in whole or in part, to any third party without the prior written consent of InHype. InHype may assign its rights or obligations hereunder at its sole discretion.
If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these terms and conditions without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
You may contact InHype at email@example.com if there are any questions regarding the Terms & Conditions.
Last Edited on August 23rd, 2017