Terms of Use

Hype is a marketplace app where businesses post content campaigns and creators apply, deliver content and get paid. Hype is operated by Palette Holdings LLC, doing business as Palette Apps (“Hype”, “we”, “us”).

These terms are an agreement between you and us. By creating an account or using Hype you agree to them and to our Privacy Policy. If you don’t agree, don’t use Hype.

• You must be at least 18 years old.
• You must be able to enter into a binding contract where you live.
• You can’t use Hype if you are in, or normally live in, a country or region under comprehensive United States sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions), or if you are on a United States government restricted-party list.
• If you use Hype for a business, you confirm you have authority to act for it, and “you” includes that business.

Hype can be downloaded in many countries, but some features, including creator payouts, are offered only in the countries listed in the app.

You join as a creator or as a business. Give accurate information and keep it up to date, including your name, country, social handles and audience size. Keep your sign-in details secure. You are responsible for what happens on your account. Each account is for one person or one business; don’t share or sell it. Tell us straight away if you think someone else has used it.

Hype provides the tools: campaign listings, applications, messaging, content delivery and payments. When a business hires a creator, the agreement for that work is between the business and the creator. We are not a party to it, except that we collect and pass on the payment as described in section 8.

Creators are independent contractors. They are not employees, agents or partners of Hype or of the businesses they work with.

We don’t promise that a campaign will attract creators, that a creator will be hired, or that content will achieve any result. We may suggest campaigns or creators that seem to fit. A suggestion is not an endorsement.

Businesses. Describe each campaign accurately: what you need, your budget, the deadline, where the content will be used, and whether you will send a product. Don’t post campaigns for illegal products or services, or campaigns that ask creators to make false or misleading claims. If you send a product, you are responsible for shipping it and for its cost, and the creator keeps it unless the campaign says otherwise.

Creators. Apply only to campaigns you can deliver. The price you propose and the business accepts is your “rate” for that deal.

A hire happens when the business confirms it in the app.

Creators deliver the content in the app by the deadline. The business reviews each delivery and either approves it or asks for a revision that fits the original brief. Content is never approved automatically.

Businesses agree to review a delivery within 7 days. If a business doesn’t respond, or the two sides disagree about whether the content meets the brief, either side can ask us to step in. We will look at the brief, the delivery and the messages, and decide in good faith whether to release the payment, refund it or split it. Our decision about the payment held in Hype is final, but it doesn’t stop either side from pursuing other remedies against the other.

Joining Hype is free. Fees apply when a deal happens:

• Businesses pay a service fee of 15% of the creator’s rate, added on top of the rate.
• Creators pay a service fee of 20% of their rate, taken out of the payout.
• Founding rate. Creators who join during the founding period shown in the app pay 15% in place of 20% on deals agreed in their first 12 months.
• Verified badge. An optional one-time purchase. The price is shown before you buy.
• Instant cash-out. Optional, 3% of the amount cashed out. Standard payouts are free.

Example: on a $200 rate, the business pays $230 and the creator receives $160, or $170 at the founding rate.

Every fee is shown before you confirm a hire, a purchase or a cash-out. Fees are not refundable except as these terms say or the law requires. We can change our fees by giving at least 30 days’ notice in the app or by email. A change applies only to deals agreed after it takes effect.

Payments are being introduced in stages. Until they are available in your country, this section describes how they will work.

Payments are handled by Stripe. We never see or store full card numbers. To be paid, a creator must open a payout account with Stripe, accept Stripe’s Connected Account Agreement and pass Stripe’s identity checks.

When a business confirms a hire, we charge the full amount: the rate plus the business fee. The money is held until the content is approved. On approval, the rate less the creator fee is released to the creator’s Hype balance and can be paid out to their bank account.

Each creator appoints us as their limited agent, only to receive payment from businesses on the creator’s behalf. A business’s payment to us settles what it owes the creator for that deal.

Refunds. If a creator doesn’t deliver, or a hire is cancelled before anything is delivered, the business is refunded in full, including our fee. Once content is approved, the payment is final.

Reversed payments. If a business reverses a payment through its bank or card after approving content, we may recover the amount from that business, suspend its account, and share the records of the deal with the payment provider.

Taxes. You are responsible for your own taxes. We may ask for tax information, issue tax forms and withhold tax where the law requires it.

Amounts are in United States dollars unless the app says otherwise. Your bank or Stripe may charge for currency conversion. Hype is not a bank, and balances don’t earn interest.

For 12 months after a business and a creator first connect through Hype, they agree to make every payment for work between them through Hype. Don’t ask for or offer payment outside the app to avoid fees. If you do, we may suspend your account and charge the fees that would have applied.

You own what you make. You keep ownership of the content and materials you upload.

What you let Hype do. You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy and display your profile, portfolio and campaign materials as needed to run and promote Hype, for example by showing your portfolio to businesses. This ends when you delete the content or your account, apart from backup copies kept for a limited time and content already licensed to a business.

What the business gets. When content is approved and paid for, the creator gives the business a licence to use it in the ways stated in the campaign, such as paid ads, the brand’s social channels or its website. Unless the campaign says otherwise, that licence is non-exclusive, worldwide and lasts 12 months from approval. The business may not use the content in other ways, or after the licence ends, without the creator’s agreement. Until content is paid for, the business has no right to use it. The creator may show the content in their own portfolio unless the campaign says otherwise.

What creators promise. The content is your own work, you have the rights to everything in it, including any music, images and people shown, and it doesn’t break the law or anyone’s rights.

Brand materials. A business gives the creator permission to use its name, logo and product materials only to make the content for that campaign.

Paid content is advertising. Creators must clearly label content they post to their own audience as an ad or paid partnership, following the rules that apply where their audience is. Businesses must not ask creators to hide a paid relationship, or to make claims that are false, misleading or can’t be supported. Each side is responsible for the content it publishes.

A verified badge shows that we checked certain information, such as identity or business details, when the badge was issued. It is not a guarantee of quality, conduct or audience size, and it is not an endorsement. We can remove a badge if the information was false or you break these terms. The badge is a one-time purchase and is not refundable once the check is complete, except where the law requires.

Don’t use Hype to:

• break the law or help anyone else break it;
• post content that is hateful, harassing, sexually explicit or violent, or that exploits or endangers minors;
• pretend to be someone else, or misstate your audience, followers or results;
• buy or sell fake followers, views or engagement;
• promote illegal products, weapons, illegal drugs, or deceptive schemes;
• spam, scrape or copy the service, or interfere with how it runs;
• get around our fees.

We can remove content and limit or close accounts that break these rules.

You can delete your account at any time in the app: Profile, Account, Delete account. Finish active campaigns and cash out your balance first.

We can suspend or close an account that breaks these terms, is used for fraud, puts other people at risk, or that we are legally required to close. If we close your account, we will pay out money you have properly earned, unless the law prevents it or we need to hold it for refunds or disputes.

Licences already given to a business, fees already owed, and sections 15 to 19 continue after an account ends.

To the extent the law allows, Hype is provided “as is” and “as available”, without warranties of any kind. We don’t promise that it will be uninterrupted or free of errors. Nothing in these terms removes rights that the law says cannot be removed.

To the extent the law allows, we are not liable for indirect, incidental, special or consequential losses, or for lost profits, data or goodwill. We are not responsible for the conduct of other users or for dealings between users. Our total liability for any claim is limited to the greater of the fees you paid us in the 12 months before the claim, or US$100.

Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be limited by law. If you are a consumer in the United Kingdom or the European Union, you keep the rights your local law gives you.

You agree to cover our losses and costs from claims by others that arise from your content, your campaigns, your dealings with other users, or your breach of these terms or of the law.

These terms are between you and us, not Apple. Apple is not responsible for Hype or its content, and has no obligation to provide maintenance or support for it. If Hype fails to meet a warranty that applies, you may notify Apple, and Apple will refund the purchase price of the app, if any; Apple has no other warranty obligation. Apple is not responsible for any claim relating to Hype, including product liability, legal compliance, consumer protection or intellectual property claims.

You confirm that you are not in a country under a United States embargo and are not on a United States government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them. Purchases made through Apple are also subject to Apple’s own terms.

If you have a problem, contact us first and we will try to resolve it within 30 days.

These terms are governed by the laws of the State of [state to be confirmed], United States, and the courts there have exclusive jurisdiction. If you are a consumer and your local law lets you bring a claim where you live, these terms don’t take that right away.

We may update these terms. If a change is significant, we will tell you in the app or by email at least 30 days before it takes effect. If you keep using Hype after that, you accept the change. If you don’t agree, stop using Hype and delete your account.

Palette Holdings LLC, doing business as Palette Apps
contact@download-hype.app