N.B.: Please, read carefully these Terms and Conditions before accepting them. Then print Terms and Conditions, Privacy Policy, Personal Data Policy sign them and save together with all confirmation messages, received from us through any means of telecommunication, along with financial transactions data and any other means.

Privacy Policy, Personal Data Policy contain important information about our practices in collecting, storing, using and disclosing your personal information and form an integral part of the current Terms and Conditions.

Please also note that Advertisers and Bloggers may have their own privacy and personal data policies that govern their practices in collecting, storing, using and disclosing your personal information. Please read them carefully also. You hereby represent and warrant to HypeFactory that you have familiarized yourself and agree with those privacy policies.

We do not file a copy of the Agreement with you, therefore we ask to have it printed for your personal use. The amendments to these Terms and Conditions shall be introduced in compliance with the regulations hereinafter provided.

I. General Provisions and Definitions

  1. The following Terms and Conditions (hereinafter also referred to as the "Term and Conditions") govern your access to and use of:
    1. Our website located at https://hypefactory.com (hereinafter referred to as the “Website”),
    2. Our online platform facilitating the matching of persons offering to create promotional online media content (each hereinafter referred to as a “Blogger”) and other users interested in retaining a Blogger to create promotional online media content (each hereinafter referred to as an “Advertiser”),
    3. all other services provided by the means of the Website (hereinafter referred to as a “MarketPlace”).
  2. These Terms and Conditions (hereinafter referred to as the “Agreement”) form an agreement between Derfit Enterprises Limited, a limited liability company, validly incorporated and existing under the laws of the Republic of Cyprus, under registration number HE 352715 and registered office at 15 Martiou, 27, 1st floor, Flat/Office 106, Egkomi, 2408, Nicosia, Cyprus (“HypeFactory”, “us”, “we”, “our”) and you.
  3. The term "you" refers to the natural person or the legal entity visiting the MarketPlace, browsing or otherwise using the platform, or communicating with individuals or businesses registered with us for the purpose of creating promotional online media content for products or services (an “Advertiser” and a “Campaign” correspondently), either with content creators registered with HypeFactory for the purpose of creating promotional online media content for your products or services (a “Blogger”).
  4. By accessing and using the Website you accept and agree to be bound by and comply with these Terms and Conditions and you confirm that you understand the content of the Agreement in full and that you personally, freely, for your own benefit knowingly and willfully express your consent for concluding it in the form it is presented on the Website with all modifications and amendments that can be introduced to it, and that you were not provided with any additional guarantees, warranties, agreements, contracts, obligations, compensations or any other promises of any kind, except those that are explicitly defined by the Agreement, and that you voluntarily, unconditionally and irrevocably waive any claims, rights and/or means of protection, except those provided by the Agreement. When sign-up an account with Hypefactory user is required to check the "I agree to the terms of service" checkbox before clicking on the "Sign Up" button.
  5. If you do not accept and agree to be bound by the current Terms and Conditions, please do not access or use the MarketPlace. If you are accessing or using the MarketPlace on behalf of another natural person or a legal entity, you represent and warrant that you have the appropriate authority to bind such person or entity to the current Terms and conditions.
  6. The MarketPlace is provided solely (the “Permitted Use”) for Bloggers to:
    1. assist you in gathering information about the various types of Campaign opportunities and Advertisers available on the MarketPlace, including profiles, price ranges, and Campaign descriptions (an “Advertiser Profile”);
    2. enable you to post information regarding yourself and to respond to any Campaign opportunities;
    3. facilitate communication with Advertisers with the objective of entering into a Campaign Agreement;
    4. facilitate the transmission of payments from the Advertiser to you under a Campaign Agreement (“MarketPlace Services”).
  7. The MarketPlace is provided solely (the “Permitted Use”) for Advertisers to:
    1. assist you in gathering information about the various types of Campaigns and Bloggers available on the MarketPlace, including profiles, price quotes, and videos of Bloggers (a “Blogger Profile”);
    2. enable you to post information regarding yourself and your Campaign request;
    3. provide effectiveness statistics of Bloggers and Campaign statistic data;
    4. facilitate communication with Bloggers with the objective of entering into a Campaign Agreement;
    5. facilitate to choose the best Bloggers for Campaign based on Campaign budget;
    6. facilitate the transmission of payments from you to the Blogger under a Campaign Agreement (“MarketPlace Services”).

II. General terms of use

  1. As a condition of your use of the MarketPlace, you warrant that:
    1. you have a full legal capacity, in compliance with the applicable legislation, provided that the use of the rendered services does not contravene the law of your country;
    2. you confirm that you do not offend against your local law while use our services;
    3. you possess the legal authority to create a binding legal obligation;
    4. you shall use the MarketPlace strictly in accordance with the current Terms and Conditions;
    5. all information provided by you is true, accurate, complete and up-to-date;
    6. you have reached the age of majority in your jurisdiction of residence.
    HypeFactory retains the right at its sole discretion to deny access to anyone to the MarketPlace or the services it offers, at any time and for any reason, including, but not limited to, for violation of the current Terms and Conditions. You shall cease and desist from any such access or use immediately upon request by HypeFactory.
  2. HypeFactory grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the MarketPlace in accordance with the current Terms and Conditions.
  3. You grant to HypeFactory a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that
    1. you load, transmit to or enter into the MarketPlace, or
    2. we collect with your permission and including all results from processing such data solely for the purpose of: (a) providing the MarketPlace Services, (b) complying with applicable law, and (c) HypeFactory’s reasonable audit and data retention policies.
  4. You will be required to successfully sign up for a personal account (the “Personal Account”) and be issued with a username and password login (“User ID”) in order to use the MarketPlace. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of HypeFactory, including account names. HypeFactory reserves the right to disable any Personal Account issued to you at any time in HypeFactory’s sole discretion. If HypeFactory disables access to a Personal Account issued to you, you may be prevented from accessing HypeFactory, your account details or any Campaigns that are associated with your account.
  5. The downloading and viewing of Content is done at your own risk. HypeFactory cannot and does not guarantee or warrant that the MarketPlace or the Content are compatible with your computer system or that the MarketPlace or the Content, or any links from the MarketPlace or the Content, shall be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the MarketPlace.

III. Username and Password Security

  1. Upon the registration and choosing of your username and password you must not disclose them or transfer your rights of use to any third party.
  2. The person who entered your username and password on the Website is presumed to be the full-right owner of your Personal account and all transactions made by this person are regarded as valid. Under no circumstances we bear any responsibility for the losses that occurred as a result of an unauthorized usage or misuse of your registration data. We are under no obligation to store your username and password.
  3. In case of a loss of your username or password, please contact us in order to recover ID. Please, note that in mentioned situation HypeFactory may initiate a security check.

Under no condition we are responsible for the loss of your username and password through no fault of ours.

IV. Security Check

  1. We reserve the right to conduct a security check in compliance with the provisions of Privacy Policy. Failure to pass the security check may lead to your Personal account being disabled.
  2. For the reasons of your personal security, the security of us and our partners HypeFactory reserves the right to conduct at any time a security check, which includes, but is not limited to, the verification of the information that you provided us with during the registration in order to comply with the Terms and Conditions, as well as with the applicable law.
  3. You do realize that having accepted these Terms and Conditions you authorize HypeFactory and our partners to use and disclose the confidential information that you provided for the purposes specified by the Privacy Policy, as well as to request any commercial or private information from any third party in order to validate the data you provided. In particular, we reserve the right to request statements from any public registers and systematized data bases, including bank statements, and receive information from our partners and other third parties.
  4. By accepting these Terms and Conditions you undertake to provide all required documents and information. Failure to provide us with such information may lead to our unilateral termination of the Agreement.
  5. In case of gross violations of the data protection requirements we reserve the right to block your access to our resources.

V. Fraud

  1. We strongly disapprove of unfair practices and fraud and fight against any forms of their instances in every possible way.
  2. If during an internal investigation we determine an attempt to commit a fraud, including, but not limited to hacker attacks on Website and/or on the Personal account of any HypeFactory’s partners, execution of unauthorized transactions, including those accomplished by means of stolen credit cards, illegal chargebacks or payment recalls, illegal transactions (e.g. “money laundering”) or in similar cases, we reserve the right to block or terminate your Personal account and recover the damage, incurred by the abovementioned actions, by all legal means, including, but not limited to, withholding the appropriate sum from your Personal account or by bringing a court action.
  3. In compliance with the legislation we are bound to inform the appropriate authorities on the revealed facts of fraud, which may have most negative effects for you.

VI. Campaign Agreements with Bloggers

  1. The MarketPlace permits a Blogger to view the Advertiser Profiles registered on the MarketPlace when the Advertiser has chosen the option to allow the Blogger to view their Advertiser Profiles. When an Advertiser selects a Blogger for a Campaign through the MarketPlace, the Blogger may separately enter into an agreement with the Advertiser on such terms and conditions as may be agreed between the Blogger and the Advertiser (“Campaign Agreement”).
  2. Each Blogger clearly understands that he is performing services for the Advertiser, not HypeFactory, and that HypeFactory is not a party to and will be in no way responsible for the performance of either the Blogger or the Advertiser under any Campaign Agreement, except for facilitating the payment transfer from the Advertiser to the Blogger in accordance with the current Terms and Conditions.
  3. Each Blogger further understands and agrees that any content submitted through the MarketPlace pursuant to a Campaign Agreement and accepted by an Advertiser shall remain publicly accessible through your social media account(s) for a minimum of one year or such greater term as specified in the Campaign Agreement. HypeFactory does not make any representations or warranties of any kind in respect of an Advertiser or a Campaign Agreement.
  4. Each Blogger also agrees to act in good faith when negotiating and performing his obligations under each Campaign Agreement.
  5. HypeFactory facilitates the any payments transfer from the Advertiser to the Blogger in connection with a Campaign Agreement (each, a “Facilitated Payment”), HypeFactory may in its sole discretion withhold from any such Facilitated Payment any amounts that are payable to HypeFactory by the appropriate Advertiser in connection with that Campaign Agreement.
  6. Each Blogger shall be charged 10% of the total payment in connection with each Campaign Agreement entered with an Advertiser. This amount shall be withheld by HypeFactory when transferring Facilitated Payment.
  7. HypeFactory is not a trustee or fiduciary in respect of any Facilitated Payments or any Campaign Agreements.
  8. HypeFactory reserves the right, at its sole discretion, to place a hold on a Facilitated Payment, if HypeFactory determines that the funds may be subject to a breach of applicable law (e.g. fraud or money laundering), or if HypeFactory is required to cooperate with law enforcement.
  9. Each Blogger warrants and agrees that all rights on the content created for and agreed in the Campaign Agreement shall be totally transferred to appropriate Advertiser on the grounds of such Campaign Agreement when the Blogger and the Advertiser enter such Campaign Agreement.
  10. If the Blogger`s Profile was added to the Marketplace by the agency, representatives of the Marketplace do not contact the Blogger directly, except for technical and AML/KYC issues, and all communications in relation to the placement of advertisements are conducted through the agency that added the Blogger`s Profile.
  11. If the Blogger personally registered on the Marketplace, representatives of the Marketplace communicate directly with such Blogger without any limitations. In this case, the Marketplace is entitled to disconnect the social account of the Blogger from the agency's account and allows the Blogger to link it`s social account to the Blogger`s Profile registered personally by the Blogger.
  12. If the agency does not respond to invitations for agency Bloggers to participate in marketing campaigns on the Marketplace for more than seven days in a row, the representatives of the Marketplace are entitled to contact such Bloggers directly.

VII. Campaign Agreements with Advertisers

  1. The MarketPlace permits the Advertiser to view the Blogger Profiles when the Blogger has chosen to allow the Advertiser to view their Blogger Profiles. If the Advertiser selects the Blogger for a Campaign through the MarketPlace, the Advertiser may separately enter into an agreement with the Blogger on such terms and conditions as may be agreed to between the Advertiser and the Blogger (“Campaign Agreement”).
  2. The Advertiser understands that he is engaging the elected Blogger and not HypeFactory, HypeFactory is not a party to and will be in no way responsible for the performance of either the Advertiser or the Blogger under any Campaign Agreements, except for facilitating the payment transfer from the Advertiser to the Blogger in accordance with the current Terms and Conditions.
  3. HypeFactory does not make any representations or warranties of any kind in respect of an Blogger or a Campaign Agreement. The Advertiser is responsible for managing, inspecting, accepting and paying for services and deliverables provided under a Campaign Agreement in accordance with the terms and conditions thereof.
  4. The Advertiser also agrees to act in good faith when negotiating and performing obligations under each Campaign Agreement.
  5. When the Advertiser enters into a Campaign Agreement other than through the use of the MarketPlace, he shall notify HypeFactory within ten (10) days of the date of such Campaign Agreement.
  6. When the Advertiser terminates a Campaign Agreement after the Blogger posts the Campaign materials than the Campaign fee shall not be refunded.
  7. The Advertiser shall pay HypeFactory a total fee equal to (1) Blogger’s fee under a certain Campaign Agreement; (2) ten percent (10%) of the amounts payable by the Advertiser to Blogger in connection with each Campaign Agreement (“Service fee”). If Advertiser asks for HypeFactory to arrange and conduct an advertising Campaign, the Service fees shall be 20% of the amounts payable by the Advertiser to Blogger ("Managed Service"). Advertiser submits to Managed Services via email provided in this Terms and Conditions. If application for Managed Services have been approved by HypeFactory, It notifies Advertiser of that via email and from this moment set forth new Service fees.
  8. If the Advertiser makes any payments in connection with a Campaign Agreement other than through the MarketPlace or HypeFactory, the Advertiser shall pay HypeFactory the Service fee within fifteen (15) days of such payment.
  9. HypeFactory may facilitate the payments transfer from the Advertiser to the Blogger in connection with a Campaign Agreement (“Facilitated Payment”). The Advertiser hereby authorize HypeFactory to deduct the Service fee from any such Facilitated Payment prior to transferring the remaining funds to the Blogger.
  10. HypeFactory is not a trustee or fiduciary in respect of any Facilitated Payments or any Campaign Agreements.
  11. HypeFactory reserves the right, at its sole discretion, to place a hold on a Facilitated Payment, if HypeFactory determines that the funds may be subject to a breach of applicable law (e.g. fraud or money laundering), or if HypeFactory is required to cooperate with law enforcement.

VIII. Exclusivity conditions

For a period of one year commencing on the later of: (i) the date when you last communicated with an Advertiser or a Blogger in respect of a Campaign, whether through the MarketPlace or otherwise, and (ii) the execution date of a Campaign Agreement entered into with an Advertiser or a Blogger (the “Commencement Date”), neither you nor your agents or affiliates will enter into an agreement directly or indirectly with such Advertiser or Blogger for the creation of any promotional media content, subject to the following exemptions:

  • The agreement you are entering into with the Advertiser is a Campaign Agreement, in respect of which HypeFactory will receive a fee as provided for thereunder; or
  • You were engaged in good-faith negotiations with the Advertiser for the creation of that promotional media content on or before the Commencement Date; or

IX. Submissions

  1. By submitting content to the MarketPlace or HypeFactory, including any Advertiser or Campaign reviews, content, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant HypeFactory and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that HypeFactory may choose, but is not required, to provide attribution of your Submissions at our discretion, and that such submissions may be shared with Advertisers, Bloggers and others. You further grant HypeFactory the right to pursue at law any person or entity that violates your or HypeFactory’s rights in the Submissions by a breach of the current Terms and Conditions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
  2. HypeFactory takes no responsibility and assumes no liability for any Submissions posted or submitted by you. HypeFactory has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the MarketPlace. If you do not agree to these terms, please do not provide us with any Submissions.
  3. You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the MarketPlace. You acknowledge that HypeFactory may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.

X. Ownership rights

  1. All Content, including (without limitation) brand names, trademark and logo, know-how, exclusive, intellectual, copyright, including database, content, domain names are owned or licensed by HypeFactory and are rigorously protected by law. The rights to any content, used by HypeFactory, including software, graphic images, photographs, animations, video, audio, music, written text as well as to other intellectual property are in the possession of HypeFactory and may be transferred only on the basis of licensing agreements.
  2. Any violation of the above-mentioned rights is subject to legal prosecution.
  3. You acknowledge that all right, title and interest in the MarketPlace, all materials provided by HypeFactory in connection with the current Terms and Conditions, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with HypeFactory (or third party suppliers, if applicable), and that the MarketPlace and all materials provided by HypeFactory hereunder are licensed.
  4. By signing this Agreement, you hereby agree to transfer all intellectual, exclusive, copyright and other rights to the results of your intellectual activity and equivalent means of identification provided to us by any way, including telecommunication channels, throughout all the period of validity of these rights, for us to use to all intents and purposes of the law in any country.

XI. Restriction of use

  1. In accordance of the Applicable legislation the use of the Services does not contravene any law. However, your local legislation may contain any provisions that may prohibit or restrict use of the services. In such case you are fully aware of your liability for any violation of the active legislation of your country, that restricts the use of the provided Services.
  2. You shall never use the MarketPlace and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you shall not to:
    1. “frame”, “mirror” or otherwise incorporate the MarketPlace or the Content or any part thereof on any commercial or non-commercial website;
    2. access, monitor or copy any part of the MarketPlace or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
    3. violate the restrictions in any robot exclusion headers on the Content or the MarketPlace or bypass or circumvent other measures employed to prevent or limit access to the MarketPlace;
    4. take any action that imposes, or may impose, in our own discretion, an unreasonable or disproportionately large load on the MarketPlace;
    5. deep-link to any portion of the MarketPlace for any purpose;
    6. remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in any Campaign, the MarketPlace or the Content;
    7. modify or attempt to modify (or permit anyone else to modify or attempt to modify) the MarketPlace or any Campaigns, including any modification for the purpose of disguising or changing any indications of the ownership or source of the MarketPlace or a Campaign
    8. use the MarketPlace or any Campaign or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by an applicable Campaign Agreement and only in the exact manner specified and enabled by therein;
    9. attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the MarketPlace;
    10. copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the MarketPlace or the Content;
    11. create derivative works based on the MarketPlace or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the MarketPlace or the Content;
    12. use of access the MarketPlace in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or
    13. upload to or transmit through the MarketPlace any information, images, text, data, media or other content that is offensive, pornographic, hateful, obscene, defamatory or violates any laws or regulations (including but not limited to criminal laws), in each case as determined by HypeFactory in its sole discretion,
    14. post, upload, publish, submit or transmit any Content that:
      1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
      2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
      3. is fraudulent, false, misleading or deceptive;
      4. is defamatory, obscene, pornographic, vulgar or offensive;
      5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      6. is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
      7. promotes illegal or harmful activities or substances.
  3. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the MarketPlace. You acknowledge that HypeFactory may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
  4. HypeFactory reserves the right to suspend rendering of the services and ban your Personal account:
    • if ongoing use of the services may cause damage to HypeFactory and / or cause the failure of hardware and software of the HypeFactory of our partners;
    • if you send, publish, transmit, reproduce, distribute in any way and use in any form the software and / or any other materials in whole or in part without prior owner consent;
    • if your actions are aimed to send, publish, transmit, distribute any information or software that contains a virus or other harmful component;
    • if your actions are aimed at sending advertising information (spam) without the consent of the receiver.
    • in the case of distribution and / or publication of any information that violates the requirements of the applicable legislation, international law or violates the rights of third parties;
    • in the case of advertising services, products and other materials, the distribution of which is restricted or prohibited by applicable law;
    • use of non-existent return addresses when sending e-mails and other messages;
    • if you transfer via computers or equipment of the third parties meaningless or useless information, creating unnecessary (spurious) load on these computers or equipment, as well as intermediate parts of the network, in amounts exceeding the minimum necessary to verify network connectivity and availability of its separate elements;
    • if you scan the network nodes in order to identifying the identify an internal network structure, security vulnerabilities, lists of open ports and ect. without strictly expressed consent of the owner of the tested resource;
    • if you perform any other activities not covered by the Agreement if such actions violate the rights and legitimate interests of third parties of applicable law.

XII. Third Party Websites

  1. The Website may provide links to third party websites. HypeFactory does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is beyond HypeFactory's control, and if you choose to access any such web site, you do so entirely at your own risk.
  2. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement with such third-party service providers, and HypeFactory disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
  3. We may hire other companies to perform certain business related functions such as processing payments on our behalf. Our payment processing partner may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any laws and regulations. They may also communicate directly with you regarding any issues with a payment. Any information provided to our third party will be confidential and only be used for intended purposes.

XIII. Term and Termination

  1. We may terminate your access to and use of the services, at our sole discretion, at any time and without notice to you. You may cancel your Personal account at any time by sending an email to us. Upon any termination all provisions of the current Terms and Conditions which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
  2. In case of termination of Blogger access funds to be paid transfer due to XXI. Payment and Refund Policy.
  3. Term and Terminations questions should be directed to [email protected]

XIV. Disclaimer

  1. The MarketPlace and the Content are provided on "as is" basis without warranty or condition of any kind. Use of the MarketPlace or the Content is at your own risk. HypeFactory does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the MarketPlace or the Content. The MarketPlace and the content may include errors, omissions and inaccuracies, including, without limitation, pricing errors. HypeFactory does not assume any responsibility for any errors, omissions or inaccuracies in the MarketPlace or the content. In addition, HypeFactory expressly reserves the right to correct any pricing errors on the MarketPlace.
  2. Business, blogger and campaign reviews displayed on the site are intended as only general guidelines, and HypeFactory does not guarantee the accuracy of the reviews. HypeFactory makes no guarantees about the availability of specific businesses, Campaigns or types of Campaigns.
  3. To the fullest extent permitted by law, HypeFactory disclaims all warranties, representations and conditions of any kind with respect to the MarketPlace and the Content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the MarketPlace or the Content are or will be error-free or will operate without interruption. In no event will HypeFactory be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not HypeFactory is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the MarketPlace or the Content or any Campaign agreement.
  4. Advertisers and Bloggers engaging your services through the MarketPlace are independent organizations and not contractors, agents or employees of HypeFactory. HypeFactory is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any businesses or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever related to any Campaigns or Campaign agreements.
  5. The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
  6. You and HypeFactory agree that any cause of action arising out of or related to the Agreement or the Campaigns must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

XV. Force majeure

  1. HypeFactory is exempted from the liability for the failure to properly perform any of its obligations, if the failure was a result of the Force majeure. In such a case HypeFactory has the right to cancel or suspend the services.
  2. Force majeure are external and extraordinary events that take place after the concluding of the Agreement, that prevent HypeFactory from fulfilling its obligations entirely and/or partially, while their occurrence could not have been foreseen and prevented.
  3. The list of Force majeure events includes, but is not limited to:
    • hostilities (regardless of whether war is declared), civil war, rebellion, revolution, state of emergency;
    • natural disasters( hurricanes, cyclones, earthquakes, tsunami, floods, ground subsidence, snowfalls) that are not seasonal events in this area;
    • hardware or software malfunction, regardless of the agent performing maintenance of the equipment, causes of the malfunction or the location of this equipment, if the malfunction caused disorder in the normal functioning of the Website;
    • explosions, fires, accidents, strikes in any forms;
    • actions of local authorities, as well as acts of states and international organizations.

XVI. Indemnification

  1. You shall defend, indemnify and hold harmless HypeFactory and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: (a) your breach of any of your warranties, representations or obligations under the current Terms and Conditions or any documents referenced herein; (b) your violation of any law or the rights of a third party; (c) your use of the MarketPlace; (d) breach of or failure to perform under any Campaign Agreement by you or by any third party acting on your behalf or with your permission; or (d) the use of any media content created by Bloggers, Advertisers or third parties in connection with a Campaign.

XVII. Errors

  1. You shall report any errors connected with your Personal account or the financial transactions as soon as you found them. If there is such an error or any disorder in the normal functioning of the website which resulted in any financial operations, we shall endeavor to restore status quo.
  2. In case there are insufficient funds in your Personal account we may request you to pay the missing amount. If we discover that this error was made use of with a fraudulent intent, We reserve the right to apply the sanctions, provided by the paragraph Fraud of these Terms and Provisions.

XVIII. Assignment

  1. HypeFactory may completely or partially transfer, assign or encumber the rights under the Agreement to a third party without your consent and prior notification, provided that the indicated actions shall not entail the detriment to your condition. You may not assign the rights and obligations under the Agreement to any third party.

XIX. Governing Law

  1. The current Terms and Conditions and any action related thereto shall be governed by the laws of Cyprus without regard to its conflict of laws provisions. These laws apply to your access to or use of the MarketPlace or the Content, notwithstanding your domicile, residency or physical location. The MarketPlace and the Content are intended for use only in jurisdictions where they may lawfully be offered for use. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of the courts located on Cyprus according to the territory jurisdiction of HypeFactory in all disputes arising out of or relating to the use of the MarketPlace or the Content.

XX. Entire Agreement, Changes

  1. The current Terms and Conditions constitute the entire agreement between HypeFactory and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HypeFactory with respect to the MarketPlace.
  2. If for any reason a court of competent jurisdiction finds any provision of The current Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of The current Terms and Conditions will remain in full force and effect.
  3. If any of the provisions contained in The current Terms and Conditions conflict with the terms of another agreement between the parties (such as the terms of a Campaign Agreement in respect of a Campaign), then these The current Terms and Conditions shall prevail.
  4. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
  5. Except where prohibited by applicable law, HypeFactory reserves the right to change the current Terms and Conditions at any time. If we introduce amendments to the Agreement we shall notify you by sending you a notification message to the e-mail address you provided during the registration or by publishing the new version of the Agreement on the Website.
  6. The new version of the Agreement comes into force upon the expiry of 5 days after the date it was published on the Website. If you disapprove of the new version of the Agreement you have the right to terminate your Agreement. If you continue to use the Services after the publication of the new version on the Website you hereby express your consent to comply with it since the date of its publication.
  7. You undertake to familiarize yourself with the Agreement and the amendments introduced to it every time before you use Services.
  8. In case of discrepancies between the Terms and Conditions and any other document, comprising the Agreement, the Terms and Conditions shall prevail.
  9. The Terms and Conditions, Privacy Policy, Personal Data Policy, Cookie Policy form an integral part of the Agreement and shall be considered only in conjunction with each other.
  10. The original text is composed in English and may be translated into other languages solely for the information purpose. If there are any discrepancies between the versions in other languages and the English version of the Terms and Conditions, the English version shall prevail.
  11. All agreements reached in the correspondence via the platform, as well as using e-mail, are considered to be agreed upon and have legal force.

XXI. Payment and Refund Policy

  1. Hypefactory supports a variety of payment methods for customers, including bank transfers, credit cards, debit cards, PayPal, and bank wires.
  2. The Advertiser shall pay HypeFactory a total fee equal to (1) Blogger’s fee under a certain Campaign Agreement; (2) ten percent (10%) of the amounts payable by the Advertiser to Blogger in connection with each Campaign Agreement (“Service fee”). If Advertiser asks for HypeFactory to arrange and conduct an advertising Campaign, the Service fees shall be 20% of the amounts payable by the Advertiser to Blogger ("Managed Service").
  3. Each Blogger shall be charged 10% of the total payment in connection with each Campaign Agreement entered with an Advertiser. This amount shall be withheld by HypeFactory when transferring Facilitated Payment.
  4. Amounts to be paid for blogger availble in blogger’s user account.
  5. All payments for Bloggers are to be made on request from blogger’s user account (link: https://hypefactory.com/billing/index/history/)
  6. Minimum Withdrawal sum for Bloggers - 50 USD. Payment period for Bloggers to the specified card: up to 30 working days. Hypefactory may charge a management fee for processing a wire transfer (hereinafter referred to as "Management fee for wire transfer") of Withdrawal sum to the Blogger. Management fee for wire transfer shall be defined in the following manner: Management fee for wire transfer = 0.0291262*initial sum of withdrawal+3.88 USD, Withdrawal sum, in this case, shall be defined as initial sum of withdrawal − Management fee for wire transfer. Management fee for wire transfer may be withheld from the initial sum of withdrawal when the Blogger initiates a money transfer.
  7. All fees are inclusive of Cyprus VAT where applicable. In certain circumstances fees will not be subject to Cyprus VAT but you may be liable to indirect taxes in your own country. HypeFactory recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU advertiser who are VAT-registered. EU advertiser are liable to notify HypeFactory of any change in VAT status.
  8. Hypefactory don’t store credit/debit card information.
  9. Refund for Advertiser shall be applied only to the actual payments made by the Advertiser to Hypefactory. All funds credited to the account of the Advertiser within the frame of participation in bonus programs or similar actions of Hypefactory are non-refundable in any case and subject to the terms and conditions of such programs.
  10. Refund for Advertiser could be applied only upon written request containing reasons for your refund to [email protected] in case if campaign cannot be launched due to reasons included but not limited to noncompliance of the advertising materials with the requirements of current legislation, unacceptable quality and/or content of the creative, other reasons deemed applicable by Hypefactory.
  11. If the Advertiser asks for refund, HypeFactory shall withhold commission in amount of 0.94$ plus 5.21327% of the amount of such requested refund.
  12. A refund request will be considered legitimate ONLY if it has been sent from the email used for Advertiser’s Account registration.
  13. If the Advertiser has been using Services for at least one year and has not made any transactions for them withing that period HypeFactory may take a decision to write off all the funds remained on the balance of the Advertiser.
  14. The refund may be credited back to the same payment method and same account that was used to make the payment.
  15. The refund request will be processed within 5 business days from the date the request was received.
  16. Refund is not acceptable in case the Advertiser breaches terms and conditions of present Agreement or other terms agreed by the parties.
  17. Cardholders’ issues should be directed to [email protected]
  18. To verify bank card for Bloggers, the card will be confirmed and charged 1 USD. This confirmation sum will be returned with the deal payment during 3 days.
  19. If the Blogger has drafted promotional media content for the Campaign (Advertising Post) and submitted it to the Advertiser for approval, the latter shall respond to such request within 96 (ninety six) hours upon its receipt and either reject it or accept.
    In case the Advertiser fails to respond on submitted Advertising post, HypeFactory considers that to be accepted and approved by the Advertiser. Thereupon, HypeFactory unlocks Facilitated Payments and transfer them to the Blogger.
    That said, HypeFactory shall notify the Advertiser that the Blogger`s Advertising post is still pending and waiting for response 24 hours before unlock of Facilitated Payments or any other payments being on hold by HypeFactory.
    Advertiser fully understands and acknowledges provisions of these clause of Agreement and authorizes HypeFactory to proceed Felicitated Payments on account of the Blogger upon occurrence of described above circumstances.
  20. Hypefactory provides paid "Auditor for Instagram" service. Advertiser or Blogger may request an automatic report by username or link to Instagram account and receive a digital report when the report is ready. Report cost is one "token", tokens might be purchased digitally and do not have any physical representation. Tokens can't be returned or refunded. Report results are generated by a computer algorithm. Report results rely on statistics, might be used only for reference and can not be used for legal purposes. Hypefactory doesn't claim that the reports result are absolutely accurate.

XXII. Recurring Transaction

  1. By filling 1-Click Transaction Agreement Form and clicking the “Pay” button you express full consent to these Terms and Conditions and authorize payment service provider to execute recurrent payments automatically charge form your credit card for periodic delivery of goods or services in agreed variable amount and variable date, stipulated in 1-Click Transaction Form, which is integral part of 1-Click Transaction Agreement for recurring transactions.
  2. You acknowledge and agree that confirmation notification of the 1-Click Transaction Agreement will be provided within 2 (two) business days using agreed method of communication.
  3. You certify that you are an authorized user of credit card, details provided in 1-Click Transaction Form, and that you will not dispute the scheduled payments with your credit card company provided the transactions correspond to the terms indicated in these Terms and Conditions.
  4. You agree to pay for all goods and/or services or other additional services you ordered through the Website, as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc.
  5. You take full responsibility for timely payments for Website. Payment service provider only facilitates a payment for the amount indicated by the Website, and it is not responsible for paying by user of the Website the aforementioned additional funds/expenses.
  6. After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Website, you confirm and state that you do not violate legislation of any country. Also, by accepting these rules (and/or Terms & Conditions), you, as cardholder, confirm that you are entitled to use Services offered via the Website.
  7. In case you use Website’s services, offering such specific services as gaming services, you make legally binding declaration that you have reached or surpassed the legal age, which is considered as such by your jurisdiction in order to use Services provided by the Website.
  8. By starting to use the Website’s Services you take legal responsibility for not violating the legislation of any country where this Service is being used, and confirm that the payment service provider is not responsible for any such unlawful or unauthorised violation.
  9. By agreeing to use the Website’s Services, you understand and accept that processing of any of your payments are executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment.
  10. You acknowledge that this 1-Click Transaction Agreement will remain in effect until you cancel it, and you agree to notify the Website of any changes in your account information or termination of this agreement at least 7 (seven) days prior to the next billing date. If you wish to reject to use 1-Click Transaction services for your next purchases of goods and/or services or other facilities on the Website, you can do that by using Website email provided in Website contact details.
  11. Payment service provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorisation of the payment with your payment card. Payment service provider is not responsible for the quality, quantity, price, terms or conditions of any goods and/or services or other facilities offered to you or purchased by you from the Website by using your payment card. When you pay for any of the Website’s goods and/or services, you are primarily bound by the Website terms and conditions. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Website and for any additional expenses/fees that can be applied to this payment. Payment service provider acts only as the executor of the payment in the amount stated by the Website, and it is not responsible for pricing, total prices and/or total sums.
  12. You acknowledge and accept own responsibility to be updated in information provided on Website regarding Terms and Conditions and/or using your Personal account/profile on the Website.
  13. You agree on using of communication method via email messagewith contact details provided in 1-Click Transaction Agreement Form.
  14. In case there is a situation when you do not agree with the aforementioned terms and conditions and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly support of HypeFactory at [email protected]

XXIII. Contacts

Company: DERFIT ENTERPRISES LIMITED
Address: 15 Martiou, 27, 1st floor, Flat/Office 106, Egkomi, 2408, Nicosia, Cyprus
E-mail: [email protected]

Date of publication: Dec 18, 2017