hyppe

Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and [Company legal name] for the use of Hyppe (https://hyppe.in), an online marketplace where brands hire Instagram and YouTube creators for paid content. Our Privacy Policy, Refund & Cancellation Policy, Shipping & Delivery Policy and Content & Disclosure Guidelines form part of these Terms.

Effective date: [effective date]

1. Acceptance of these Terms

By creating an account or using Hyppe, you agree to these Terms. If you do not agree, do not use Hyppe. If you use Hyppe for a business, "you" includes that business, and you confirm that you may accept these Terms for it.

These Terms are an electronic record under the Information Technology Act, 2000, need no signature, and are published under rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the "IT Rules"). You can ask for them in any language listed in the Eighth Schedule to the Constitution of India.

2. Definitions

  • "Hyppe", "we", "us", "our": [Company legal name], which operates the Hyppe website and service at https://hyppe.in (the "Service").
  • "Brand": a user with a Brand account, registered for a company or other business.
  • "Creator": an individual with a Creator account who creates content on Instagram and/or YouTube.
  • "Campaign" (or "work post"): paid work offered by a brand, listing deliverables (such as an Instagram Reel, Story or Collab post, a YouTube video or Short, or a UGC video), pay, campaign terms and a number of creator slots. It may be one-time or recurring (daily, weekly or monthly deliveries for a set number of cycles, at fixed pay per cycle).
  • "Campaign terms": the mandatory terms listed in a campaign, such as disclosure, approval before posting, revision rounds, how long posts stay live, exclusivity, usage rights, product (keep or return), due dates and pay.
  • "Delivery": a creator's submission, through the Service, of the deliverables due under a collaboration or for one cycle of a recurring campaign.

3. Eligibility and accounts

  • You must be at least 18 years old and able to contract under the Indian Contract Act, 1872. Creators under 18 are not allowed, even with a parent's permission.
  • A Brand account must be opened by a person authorised to act for a genuine business. A Creator account must belong to the individual creator and list only Instagram and YouTube accounts that the creator owns and controls.
  • You can sign up with email and password or with Google sign-in. Give accurate information, keep it up to date, and do not impersonate any person, brand or creator.
  • Keep your login secure. You are responsible for activity on your account and must report unauthorised use to admin.hyppe@gmail.com.
  • We may ask you to confirm your identity, business or profile details.

4. Our role

Hyppe is a marketplace that connects brands and creators. For content that users upload, it acts as an intermediary under the Information Technology Act, 2000.

  • We are not a party to any collaboration agreement, and we are not an employer, agent, talent manager or advertising agency for any user. Creators work independently and are not employees of brands or of Hyppe.
  • We do not guarantee any user's identity or conduct, the accuracy of profiles or campaigns, the quality or legality of content or products, or that a collaboration will be completed or paid for. Showing a profile or campaign is not an endorsement.
  • We may help resolve disputes between users (see section 17), but we are not obliged to, and we are not responsible for the outcome.

5. Brand obligations

Brands must:

  • post accurate, clear campaigns, stating all deliverables, pay and campaign terms upfront, with no hidden conditions;
  • promote only lawful products and services outside the prohibited categories (see section 11), in line with the law, including consumer protection law, and the ASCI Code and guidelines;
  • be able to substantiate any claim they ask a creator to make, and never ask a creator to hide or weaken a disclosure;
  • review deliveries promptly and in good faith, request changes only within the agreed brief and revision rounds, and not withhold approval unreasonably;
  • pay within 3 days of approving a delivery, and record the payment accurately (see section 9);
  • use creator content only within the agreed usage rights and duration, and only after paying for it (see section 10);
  • ship any product at their own cost and responsibility (see our Shipping & Delivery Policy); and
  • keep creators' payout details, addresses and other personal data confidential, and use them only for the collaboration.

6. Creator obligations

Creators must:

  • keep their profile, numbers and rates accurate and up to date. Numbers are self-reported, and misrepresenting them is prohibited;
  • apply only to campaigns they can deliver;
  • deliver on time and follow every campaign term, including how long posts stay live, exclusivity, raw footage and product handling;
  • disclose every paid or gifted collaboration clearly, as required by the ASCI Guidelines for Influencer Advertising in Digital Media, the Department of Consumer Affairs' "Endorsements Know-hows!" guidance and our Content & Disclosure Guidelines;
  • give honest opinions, use a product before reviewing it, and not make claims they know or suspect to be false, or that the brand has not substantiated;
  • create original content, and hold all rights and permissions needed for the music, footage, images and people in it (for a child, the consent of a parent or lawful guardian);
  • share accurate payout details, and promptly confirm or dispute payments that a brand records; and
  • follow Instagram's and YouTube's rules, including those on branded content.

7. How a collaboration is formed

  • Creators apply by accepting all of a campaign's terms, optionally with a pitch, or accept the terms when a brand invites them.
  • Depending on the campaign, the brand chooses whom to hire, or creators who meet its requirements are hired instantly in the order they accept, until the slots are filled.
  • On hire, the campaign terms are frozen, and a binding agreement (a "collaboration") is formed directly between that brand and that creator. It consists of the frozen campaign terms and the rules in these Terms that apply between brands and creators, including sections 8 to 10. Campaign terms cannot override the law, these Terms or our Content & Disclosure Guidelines.
  • Later edits to a campaign do not affect existing collaborations. A collaboration can be changed or cancelled only if both parties agree, and changes should be recorded in the collaboration chat (see our Refund & Cancellation Policy).
  • In a recurring campaign, each cycle is delivered, approved and paid for separately.

8. Deliveries, approvals and revisions

  • Creators submit each delivery through the Service, as post links and/or uploaded files, by the agreed due date.
  • If approval before posting is required, the creator shares the content through the Service and publishes it only once the brand approves it.
  • The brand approves the delivery or requests specific changes within the agreed brief and revision rounds. Further changes are optional for the creator and can be agreed separately, for example for extra pay.
  • Approval confirms that the brand accepts the delivery, and starts the 3-day payment period.
  • Published content must stay live, with the brand's mentions, links and disclosure intact, for the agreed period, unless the law or the platform requires otherwise or the brand agrees.
  • Whether deliveries and payments are on time is shown in the track records on profiles.

9. Payments and taxes

  • No payments through Hyppe at present. Hyppe does not collect, hold or process money, and does not currently charge fees. Brands pay creators directly by UPI or bank transfer, using payout details visible only to brands that have hired that creator.
  • Paying on time. A brand must pay the full agreed amount for each approved delivery within 3 days of approval, less only tax it is legally required to deduct.
  • Recording payments. The brand records the payment method and transaction reference on the Service. The creator confirms receipt, or tells the brand and us if the payment has not arrived.
  • Overdue payments. A payment not recorded within 3 days of approval is flagged as overdue to both parties and affects the on-time payment record on the brand's profile. Repeated late or missed payments may lead to suspension or termination.
  • Our responsibility. Hyppe is not a party to payments between users, does not guarantee them, and is not liable for any payment, non-payment, delay or transfer to incorrect details.
  • Future changes. We may introduce escrow, payment processing or platform fees, but only after prior notice and updated terms.
  • Taxes. Brands and creators are each responsible for their own taxes as applicable, including GST, TDS (deduction, deposit and certificates) and income tax. Hyppe does not calculate, collect, deduct or pay taxes for users.

10. Content and intellectual property

Your content. You keep ownership of your content and are responsible for it. You give [Company legal name] a non-exclusive, royalty-free, worldwide licence to host, store, copy, display and transmit it only as needed to operate the Service, such as showing it to the users meant to see it, keeping backups, and handling support, safety, disputes and legal requirements. We will not use your content to advertise Hyppe outside the Service without your permission. The licence ends when your content is deleted, except for copies we must keep by law or under our Privacy Policy, and content already shared with the other party in a collaboration.

Usage rights. A brand receives only the usage rights in the campaign terms (none, organic reposting on its own channels, paid ads, or a full buyout, which may include perpetual rights) for the stated duration. The same limits apply to raw footage unless the campaign terms say otherwise. Usage rights take effect only once the creator has been paid in full for that delivery. Until then, the brand may use the content only to review and approve it, apart from features that are part of the deliverable itself, such as a Collab post appearing on the brand's profile. When the usage period ends, the brand must stop any use that is no longer allowed, including paid ads. Unless the campaign terms clearly transfer ownership, the creator keeps it.

Rights you must have. You confirm that you own, or have permission to use, everything you upload or supply. Creators must check that their licences, including for in-app music, cover the usage rights they grant. Brands confirm that they have the rights to any logos, images, scripts and other materials they supply.

Our intellectual property. The Hyppe name, logo, website and software belong to [Company legal name] or its licensors. You may use the Service only under these Terms, and must not copy, reverse-engineer or misuse it.

11. Prohibited conduct and content

You must not post, upload, publish, transmit, store or share any information that:

  • belongs to another person and to which you have no right;
  • is obscene, pornographic, paedophilic, invasive of privacy (including bodily privacy), insulting or harassing on the basis of gender, racially or ethnically objectionable, relates to or encourages money laundering or gambling, or promotes enmity between groups on the grounds of religion or caste with intent to incite violence;
  • is harmful to children;
  • infringes any patent, trademark, copyright or other proprietary right;
  • deceives or misleads about the origin of a message, or knowingly and intentionally communicates misinformation or patently false or misleading information;
  • impersonates another person;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States or public order, incites any cognisable offence, prevents the investigation of any offence, or insults another nation;
  • contains viruses or other harmful code;
  • is, advertises or promotes an online game or gaming service not permitted under Indian law; or
  • violates any law in force.

You also must not:

  • fake your numbers or engagement, including by buying followers, likes, views or comments, or by using bots;
  • promote prohibited categories, including betting, gambling and real-money games; tobacco and e-cigarettes; alcohol (including surrogate advertising) where prohibited by law; sexually explicit content or adult services; weapons; illegal drugs; counterfeit goods; or pyramid or Ponzi schemes (see our Content & Disclosure Guidelines);
  • publish misleading advertising or hide a required disclosure;
  • harass, threaten, abuse or discriminate against anyone, or send spam;
  • ask for or share passwords, OTPs, UPI PINs or card details;
  • record a payment that was not made, falsely deny receiving a payment, manipulate track records, or file false or frivolous complaints;
  • misuse another user's personal data, scrape the Service or access it by automated means, breach its security or interfere with it; or
  • share your account, or open a new one to get around a suspension.

Keeping collaborations on Hyppe. Payments are made directly between users, but we strongly encourage you to keep the collaboration itself (terms, deliveries, approvals and payment records) on Hyppe. Work agreed or paid for elsewhere is not recorded, does not count towards track records, and is harder for us to help with. Moving a collaboration off the Service to avoid recording a payment that is due, to hide a late or missed payment, or to manipulate track records is not allowed.

12. Suspension and termination

  • You can stop using Hyppe at any time, and ask us to delete your account by emailing admin.hyppe@gmail.com.
  • We may remove content, close campaigns, restrict features, or suspend or terminate accounts for breach of these Terms or our policies, misrepresented numbers, repeated late or missed payments or deliveries, or a risk of harm, fraud or legal liability, or where the law or an authority requires it. Where practicable and lawful, we will tell you what we did and why, and you can contact our Grievance Officer if you disagree.
  • As the IT Rules require, we will remind users at least once a year that we may terminate access or remove content for non-compliance.
  • Closing an account does not cancel obligations under existing collaborations. For example, a brand must still pay for approved deliveries. Sections 9, 10 and 13 to 17 survive closure.

13. Disclaimers

  • The Service is provided "as is" and "as available", with no promise that it will be uninterrupted or error-free.
  • Profile numbers are self-reported, and we do not currently verify them. Brands should make their own checks, such as reviewing a creator's actual accounts, before hiring.
  • We do not guarantee any results or earnings, including applications, hires, reach, sales or income.
  • Instagram, YouTube, Google, banks and UPI apps are independent services with their own terms. Hyppe is not operated, sponsored or endorsed by Meta, Instagram, Google or YouTube.

14. Limitation of liability

To the fullest extent permitted by law, [Company legal name] and its directors, employees and agents are not liable for any indirect, incidental, special, consequential or punitive loss; for loss of profits, revenue, business, goodwill or data; or for loss arising from a collaboration or another user's conduct, such as non-payment, non-delivery, content quality, products, shipping or disputes between users. Our total liability for any claim relating to the Service is limited to the fees, if any, that you paid to Hyppe in the 12 months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnity

You will indemnify [Company legal name] and its directors, employees and agents against claims, losses, liabilities, penalties and costs (including reasonable legal fees) arising from your content, collaborations, products, claims or payments, your breach of these Terms or any law, your infringement of anyone's rights, or your taxes.

16. Changes to the Service and these Terms

We may change or remove features, or pause the Service for maintenance. We may update these Terms, giving reasonable notice in the app, on the website or by email before material changes take effect. If you keep using Hyppe afterwards, you accept the updated Terms; if you do not agree, stop using Hyppe and ask us to delete your account. Changes do not alter the frozen terms of existing collaborations.

17. Governing law and disputes

These Terms are governed by the laws of India. Subject to any rights you have under consumer protection law, the courts at [City] have exclusive jurisdiction. Please contact us first about any dispute with us so we can try to resolve it informally.

Disputes between a brand and a creator are for them to resolve, ideally in the collaboration chat. Either of them can ask us for help at admin.hyppe@gmail.com. We may review the records on the Service, suggest a resolution and act under these Terms, but we are not an arbitrator, our view is not binding, and each party keeps its legal remedies.

18. Grievance redressal

Send complaints about content, breaches of these Terms, infringement of your rights, privacy or the Service to our Grievance Officer:

  • Name: [Grievance Officer name]
  • Email: [grievance email]
  • Address: [Company legal name], [Registered office address]

The Grievance Officer will acknowledge your complaint within 24 hours and resolve it within 15 days of receiving it, or sooner where the law requires (for example, for complaints about impersonation or intimate images shared without consent). Include your contact details, a description of the issue, links to the content concerned and any supporting documents (for intellectual property complaints, proof of your rights).

If you disagree with the Grievance Officer's decision, you may appeal to the Grievance Appellate Committee under the IT Rules within 30 days of receiving it. To the extent the Consumer Protection (E-Commerce) Rules, 2020 apply to Hyppe, this is also our grievance redressal mechanism under those rules.

19. General

These Terms and the policies they refer to are the entire agreement between you and us about the Service. If any part is unenforceable, the rest still applies, and not enforcing a right does not waive it. You may not transfer your rights or obligations without our consent; we may transfer ours as part of a merger, acquisition or sale of our business. We are not liable for failures caused by events beyond our reasonable control. We may send you notices in the app or by email, and you can send notices to us at admin.hyppe@gmail.com or [Registered office address].

20. Contact us