Last updated: September 28, 2025

Welcome to the Hypetrain Platform!

Please read these Platform Terms carefully, because they set forth our legal obligations to each other, govern your access to and use of the Hypetrain Platform and Services, and other important topics like dispute resolution. We also have the Hypetrain Privacy Policy which outlines how we handle your data, terms regarding subscriptions and pricing, and other policies that apply to your use of the Hypetrain Platform and Services and are incorporated into these Platform Terms.

These Hypetrain Platform Terms of Service (“Platform Terms”) are made by and between you, the entity or person agreeing to these Platform Terms (“Client”) and Blink link UAB, a company incorporated and existent in the Republic of Lithuania under the registration number 305982594, having its registered office at Vilkpėdės g. 22, LT-03151, Vilnius, Lithuania (“Provider”), being the Owner’s licensee, which has the right to provide the Clients access to the SaaS marketing software solution (“Hypetrain Platform”) via the website https://hypetrain.io (“Website”) and to collect fees from them for the use of the Hypetrain Platform.

The owner of the Website and the Hypetrain Platform is Welmi Inc., a Delaware corporation, with a registered office at State of Delaware, 651 N Broad St, Suite 206, Middletown, 19709, USA (“Owner”).

Unless otherwise specified, “Hypetrain,” “we,” “us,” or “our” in these Platform Terms means Blink link, UAB, if you are based in the United Kingdom, the EEA or Switzerland; or Welmi Inc., if you are based in the United States or any other geographic area, as applicable. The terms “you” and “your” will mean Client. If you are accessing the Hypetrain Platform and Services on behalf of a Client, the terms “you” and “your” will refer to that Client. When we mention “Services” in these Platform Terms, we mean the Hypetrain services, tools and other products provided to you.

By accessing or using the Hypetrain Platform and Services, you agree to be bound by the Platform Terms. IF YOU DO NOT AGREE TO THESE PLATFORM TERMS, DO NOT ACCESS OR OTHERWISE USE THE HYPETRAIN PLATFORM.

The Platform Terms are effective when the Client ticks/clicks a box indicating its acceptance (the “Effective Date”). By accepting these Platform Terms, you represent and warrant that you have read and understood these Platform Terms. If you are accepting on behalf of Client, you represent and warrant that (i) you agree, on behalf of Client, to these Platform Terms, and (ii) you have the full legal authority to bind Client to these Platform Terms.

1. ACCESS TO THE HYPETRAIN PLATFORM

1.1 Registration

You may observe some elements of the Hypetrain Platform by simply visiting our Website, but access to and use of the Hypetrain Platform is available only to registered Clients.

You should fill in the registration form in order to create an account on the Hypetrain Platform. Registration is free. After you applied for registering an account, you will receive an email once your Hypetrain account is opened and approved. In registering for a Hypetrain account, you agree to provide us with accurate and complete information and must not create an account for fraudulent or misleading purposes.

1.2 Hypetrain Account

To access the Hypetrain Platform and Services on an ongoing basis, you or any user, acting on your behalf, will need to create a Hypetrain account using a valid email address. If you get locked out of your Hypetrain account, we’ll need to contact you at the email associated with your Hypetrain account, and we may not be able to restore your Hypetrain account to you if you no longer have access to that email account.

You may invite as users to your shared Hypetrain Platform account (i.e. the Hypetrain Workspace) only those individuals who are (i) your employees, your affiliate’s employees, your subcontractors, and agents and (ii) acting on your behalf. Within the Hypetrain Workspace, we can offer you different roles for users, such as administrator or manager, and account access rights. You must ensure that only authorized users are able to access and use the Hypetrain Platform.

To access certain features or tools through the Hypetrain Platform, you may need to verify your Hypetrain account or add other information to your Hypetrain account. You agree to provide us with additional information that will be accurate, complete and updated on our first demand.

You agree not to license, sell, or transfer your Hypetrain account to any third party in any way.

You are solely responsible for any activity on your Hypetrain account and for maintaining the security of your Hypetrain account. You agree to immediately notify us if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. If your account is compromised, we may not be able to restore it to you. We are not liable for any acts or omissions by you or any user, acting on your behalf, in connection with your Hypetrain account.

We may analyze and monitor your use of the Hypetrain Platform at any time. We also reserve the right to investigate complaints regarding your activity on the Hypetrain Platform or reported violations of the Platform Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement authorities. With regard to this, we may use your Hypetrain account information to (i) develop, improve, and optimize our products, tools and/or processes, (ii) verify your Hypetrain account and client’s identity for financial compliance (including the KYC/AML process), and (iii) verify your compliance with the Platform Terms.

We reserve the right to put your account on hold, restrict access to, or permanently disable your account due to a breach of these Platform Terms or due to (i) a breach of these Platform Terms; (ii) any illegal or inappropriate use of the Hypetrain Platform or Services; (iii) riching of usage limits specified in these Platform Terms. Clients who have violated the Platform Terms and had their account disabled may contact our Customer Support team via email at hello@hypetrain.io for more information surrounding the violation and status of the account.

1.3. Age Requirements

To register for a Hypetrain Account, get access to and use the Hypetrain Platform as a user, and subscribe to the Services you must be at least eighteen (18) years of age or older unless otherwise required by the applicable laws. To subscribe to receive any marketing or promotional material from us, you must reach the age of majority under the national laws of your country of citizenship and/or residence. If you do not meet the age requirements, you are not allowed to use the Hypetrain Platform and Services.

1.4. Geographic Restrictions

The Hypetrain Platform and Services may not be available in, or accessible from, all locations, regions, or territories. You acknowledge that you may not be able to access the Hypetrain Platform and all or some of the Services outside your country. If you access the Hypetrain Platform and Services from outside your country, you are responsible for compliance with local laws, including any laws applicable to the export of software or technology.

1.5. Updates; Availability of the Hypetrain Platform

We may develop and provide the Hypetrain Platform and Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or modifications or discontinuation of existing features (collectively, including related documentation, “Updates”) from time to time in our sole discretion. Updates may also modify or delete in their entirety certain features and functionality of the Hypetrain Platform and Services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed a part of the Hypetrain Platform and Services and be subject to all terms and conditions of this Platform Terms.

The availability of the Hypetrain Platform and Services may vary and depend on the network you use, compatibility of your devices, and the content formats supported. We reserve the right, at our sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Hypetrain Platform and Services or any part thereof at any time by providing a notification to you through the Hypetrain Platform, your Hypetrain account, or by email. Any such action will become effective on the date specified in the notification. You will have the right to terminate these Terms if we make any material changes to the Hypetrain Platform and Services that you do not agree with.

Without liability from us to you, we may suspend or limit access to, and availability of, the Hypetrain Platform or all or any portion of the Services: (i) to address an emergency, misuse, or actual or perceived threat to the operation of the Hypetrain Platform and Services; (ii) to comply with applicable laws, including financial compliance and export control laws and regulations; (iii) to respond to requests or demands of a government authority; (iv) pursuant to any privacy concerns, copyright violation notices, or violation of Intellectual Property Rights or other third-party rights, (v) if you are in breach of these Platform Terms, including payment default, and/or (vi) if we believe, at our reasonable discretion, that your use of the Platform is unsuitable in any way. We will inform you of such suspension or limitation without undue delay.

Your access to the Hypetrain Platform may also be suspended or restricted occasionally to allow for installation and regular maintenance, repairs, upgrades, or the introduction of new tools. We will always try to limit the frequency and duration of any planned disruption, but we will not be liable to you if for any reason the Hypetrain Platform is unavailable at any time or for any period.

2. DESCRIPTION OF THE SERVICES AVAILABLE ON THE HYPETRAIN PLATFORM

We provide Services that allow you to interact, communicate and collaborate with influencer services providers (i.e. influencers, their agents, or talent agencies related to them; collectively, the “Influencer(s)”) and manage influencer marketing campaigns.

2.1. Influencer Discovery

We provide Services that help you identify and evaluate relevant creators on YouTube, Instagram, and TikTok for sponsored integrations and other brand collaborations. The Hypetrain Platform uses AI to process your prompt (including desired creator characteristics and campaign constraints) and to generate a list of suggested influencers that match your criteria. You may review the suggestions, adjust your prompt, and (where available) export results.

Data sources; AI outputs. Discovery relies on a mix of publicly available and third-party data and on automated inferences. All discovery data and AI outputs are provided “as is” for initial research and shortlisting only; they may be incomplete, outdated, or inaccurate. You remain solely responsible for independently verifying suitability, audience fit, brand safety, pricing, and availability before making any decisions.

Credits and usage. Discovery and related operations consume Credits, an internal usage unit shown in-product. Actions that may consume Credits include, for example, generating or refreshing AI suggestions and exporting results. Your available Credits depend on your plan and reset each monthly billing cycle. Unused Credits do not roll over. When you run out of Credits, discovery operations may be restricted until Credits reset (or until we separately agree on additional Credits in an Order Form).

Plan entitlements (Discovery):

• Free ($0/mo): 50 Credits; access to community collections.

• Starter ($49/mo): 300 Credits; access to community collections; ability to publish own collections; basic export.

• Growth ($149/mo): 1,000 Credits; access to community collections; ability to publish own collections; advanced export.

• Pro ($399/mo): 3,000 Credits; access to community collections; ability to publish own collections; advanced export.

We may reasonably limit result counts, refresh frequency, and export size to maintain platform stability and fair use.

2.2. Communication Service

The Platform enables you to contact selected influencers from your discovery lists and to send commercial proposals (outreach) at scale. When you trigger outreach, you authorize us to process and transmit your messages to the intended recipients on your behalf.

Email inbox connections. Outreach is performed via connected email inboxes that you control (e.g., via supported email providers). By connecting an inbox, you grant us the permissions necessary to send, receive/sync, and store the communications and related metadata required to operate the Service (e.g., recipient addresses, subject lines, timestamps, headers, delivery status). Messages and threads sent or tracked through the Platform may be visible to other authorized users in your workspace for collaboration and record-keeping.

Deliverability & compliance. We do not guarantee delivery, opens, replies, or any commercial outcome. You are solely responsible for the lawfulness and content of your messages (including compliance with anti-spam, marketing, privacy, and platform rules such as CAN-SPAM/GDPR/CCPA and creator-platform terms). You must not use the Service to send unsolicited or abusive communications.

Plan entitlements (Communication):

• Free: no email inboxes.

• Starter: 1 email inbox.

• Growth: 3 email inboxes; inbox warm-up and email validation features available on this plan.

• Pro: 10 email inboxes; inbox warm-up and email validation features available on this plan.

We may apply reasonable send-rate limits, daily caps, and anti-abuse protections. If a provider flags your domain or inbox for abuse, we may suspend related sending to protect overall platform health.

2.3. Campaign Management, Reports and Tracking

The Platform maintains records of your shortlists and outreach activity (e.g., which influencers were contacted and when) and provides export capabilities for further processing in your own systems.

• Exports: “Basic export” is available on Starter; “Advanced export” on Growth and Pro (the exact formats/fields are shown in-product).

• Ownership: Any analytics, lists, exports, and reports that are specific to your campaigns are yours. We may use aggregated and anonymized usage data to operate, secure, and improve the Services, provided such use does not identify you or any specific campaign.

We do not manage creator contracting, pricing, or payments under this section unless expressly stated in your Order Form.

2.4. Third-Party Materials and Links

The Services may display or link to third-party platforms and materials (including creator profiles and content on YouTube, Instagram, and TikTok). We do not control or guarantee the accuracy, legality, or availability of any third-party materials and are not liable for any loss arising from your reliance on or dealings with them. You access third-party services at your own risk and must comply with their terms and policies in addition to these Terms.

3. FEES AND PAYMENT TERMS

3.1. Subscription Fees and Credits

Plans and monthly pricing:

• Free: $0/mo — 50 Credits; access to community collections.

• Starter: $49/mo — 300 Credits; access to community collections; publish own collections; basic export; 1 email inbox.

• Growth: $149/mo — 1,000 Credits; access to community collections; publish own collections; advanced export; 3 email inboxes; inbox warm-up; email validation.

• Pro: $399/mo — 3,000 Credits; access to community collections; publish own collections; advanced export; 10 email inboxes; inbox warm-up; email validation.

Billing & renewal. Subscriptions are billed monthly in advance and auto-renew each month until canceled. Prices are exclusive of taxes (e.g., VAT/sales tax), which may be added where applicable. If a charge or invoice is not paid when due, we may suspend or limit access to the Services until payment is received.

Credits. Credits are allocated per plan per monthly cycle, shown in-product, and reset each cycle. Unused Credits expire at the end of the cycle and do not roll over. When Credits are exhausted, discovery and/or outreach features that require Credits may be restricted until Credits reset. We may offer additional Credits or plan add-ons under a separate Order Form.

Plan changes & cancellation. You may upgrade or downgrade effective at the next renewal (upgrades may, at our discretion, take effect earlier with prorated charges). You may cancel at any time; cancellation takes effect at the end of the current billing period. Except where required by law or expressly stated otherwise, fees are non-refundable once a billing period has started.

Payment processing. Fees are collected via an approved third-party payment service provider. By providing a payment method, you authorize us (and our provider) to charge all due amounts and to store your payment details for recurring billing. We may change plan prices with prior notice effective for a future billing period.

3.2. No Refund of Fees

You understand and agree that all fees (i.e. Subscription Fees and Transactional Fees) you pay to us are non-refundable. In case of termination before the completion of the billing period, any money paid for the Hypetrain Platform and Services are non-refundable.

In exceptional cases, refunds of Transactional Fees may be paid back by us to you, at our sole discretion, and will only be in the form of credit for the Services. In order to avoid misunderstandings, the right of refund of Transactional Fees belongs just to the Client who uses a specific type of the Services provided through the Hypetrain Platform, such as Online Contracting, for business reasons.

3.3. Online invoicing

We provide electronic invoices as standard. It is your responsibility to provide us with accurate tax and payment information that is necessary to issue an invoice to you.

We may invoice you for your use of the Hypetrain Platform and Services through a third-party payment service provider. The third-party service provider’s terms of service shall govern and supersede these Platform Terms in case of conflict.

Unless otherwise stated, the invoice currency will be U.S. dollars (USD).

The duration of the billing period (invoicing frequency) and the payment time limit shall be specified by the Parties in the corresponding invoice.

3.4. Taxes

All our fees are exclusive of any applicable sales or value-added tax which will be separately payable by you where applicable to invoiced amounts or Services. You are responsible for any applicable taxes and will pay us for the Services without any reduction in taxes.

If we are required to withhold any taxes, the taxes will be invoiced to you, and you will pay such taxes to us unless you provide us with a timely and valid tax exemption certificate in respect of those taxes.

You must provide accurate information regarding your tax affairs as reasonably requested by us. You will also provide, upon our request, any applicable tax identification information or any other necessary information and documents that we may require under applicable law to ensure compliance with applicable tax and financial regulations, including for AML/CFT/KYC compliance, in applicable jurisdictions.

3.5. Payment Disputes

A payment dispute is when you initiate a chargeback, refund or other types of a dispute with your payment institution (for example, your credit card provider or payment service provider we may engage for rendering our Services to you).

If you wish to open a payment dispute, you should address your payment institution directly, and the payment institution will handle the process with you. If the payment institution decides you are owed a refund, they’ll reverse the payment and refund it to your original payment method or otherwise in accordance with their terms. The final decision for refunding the Client is made by the payment institution.

Upon your request, we may submit any relevant evidence we have, or you have previously provided us with about the payment dispute to the payment institution. You may send such a request via email at hello@hypetrain.io.

4. CLIENT OBLIGATIONS

4.1. Your Use of the Hypetrain Platform and Services

You are responsible for making all technical arrangements necessary to access the Hypetrain Platform. You are also responsible for ensuring that all persons who access the Hypetrain Platform through your internet connection are aware of these Platform Terms and that they comply with them.

Without limitation, the Client SHALL NOT:

• access and use the Hypetrain Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

• knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform or any computer software or hardware;

• access (or attempt to access) the Website and/or Hypetrain Platform by any means other than through the interface that is provided by the Website or Provider/Owner;

• gain or attempt to gain unauthorized access to Provider’s/Owner’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website and/or Hypetrain Platform or the servers and networks in connection with thereof;

• reproduce, duplicate, copy, sell, trade or resell the Website and/or Hypetrain Platform (including software and any content within it), or any portion thereof, to any individual or entity for any purpose whatsoever;

• license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion thereof;

• modify, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, Hypetrain Platform and/or Services;

• perform actions or practices designed to “scrape” or unauthorized download data from any of the Services, or use any manual or automated software, devices or other processes (including but not limited to bots, scrapers, crawlers, data mining tools, AI tools or the like) for scraping, parsing or unauthorized downloading of data from any of the Services;

• access the Services in order to build a similar or competitive service;

• decompile or reverse engineer any part of the Website and/or Hypetrain Platform;

• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Hypetrain Platform and Services, including any copy thereof;

• engage in or encourage any activity or use of content that violates any applicable law, rule or regulation, including without limitation privacy laws and regulations;

• use, endorse, or promote content which is pornographic, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, discriminatory, misleading or deceptive;

• transfer or assign your Hypetrain account to any third party, even temporarily;

• engage in fraudulent misrepresentation, such as impersonating any person or entity or forging or manipulating identifiers to disguise the origin of information transmitted through the Hypetrain Platform and Services;

• infringe any third-party rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; or

• use the Hypetrain Platform and Services in any way not expressly permitted by these Platform Perms.

4.2. Prohibited and Restricted Activities

Prohibited Client’s Activities. There are some industries with which we are not able to do business. It's either due to the European Union or international financial regulation, or we have chosen not to do business with this industry. Clients who do business in the following industries, or undertake any of these activities won't be able to open a Hypetrain account with the Hypetrain Platform:

• Production or trade in weapons and munitions, including explosives and nuclear weapons

• Production or trade in tobacco, e-cigarettes

• Trade-in wildlife or wildlife products regulated under CITES

• Production or trade in radioactive materials

• Production or trade in wood or other forestry products from unmanaged forests

• Drift net fishing in the marine environment

• Trading of animal fur, bones, ivory and other protected species

• Any business relating to pornography or prostitution, including child pornography

• Human body parts and pathogens

• Unlicensed offline businesses: Gambling / Betting / Casino / Horse Racing / Bingo / Sports Betting / etc.

• Unlicensed online businesses: Casino / Online Poker / Online Gambling / Online Betting / Prize Draws / Gift Cards / Any form of • • Lottery / Scratch cards / etc.

• Unregulated religious organizations

• Financial pyramid or Ponzi scheme, matrix programs, other schemes

• Unlicensed Forex/Binary Options

Restricted Client’s Activities. Clients who operate in the restricted industries or activities listed below may be allowed to open a Hypetrain account, at our sole discretion, depending on their evaluation according to the risk factors:

• Production or trade in alcoholic beverages (including beer and wine)

• Licensed banking (including private banking), investment, securities trading, insurance, currency exchange, money lending (including alternative lending options) and other financial activities / financial institutions

• Production or trade in pharmaceuticals

• Regulated forex trading

• Securities Token Offerings

• Donations / Charities / Societies / Non-profit organizations

• Auctions organization and performance

• ICOs

• Cryptocurrency related activities (crypto ATM services, cryptocurrency exchange services, cryptocurrency custody services, cryptocurrency trading, crypto-mixers etc.)

• Dealing in commodities or futures, or in shares, securities or other financial instruments

• Licensed (online or offline) gambling / betting / casino / horse racing / bingo / sports betting / etc. businesses

• Tickets and events

• Tourism and travel related activities (for example, travel packages, tours)

• Dating (including websites, applications)

• Adult entertainment and products

• Licensed professional service providers (e.g., attorneys, accountants, doctors, or real estate brokers)

• Licensed real estate business

• Trade with jewels, gems, precious metal dealers

• Mining (gas extraction included)

• Healthcare (including online medication providers)

4.3. Compliance

Compliance with the applicable law. You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing financial transactions, consumer protection, unfair competition, commercial electronic mail (email) and messages, intellectual property, advertising, privacy, and information security with respect to your use of the Hypetrain Platform and Services. You represent that you will restrict access to your content in accordance with all applicable laws, rules and regulations, including geo-filtering or age-gating access where required.

Emails. You shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as "SPAM"). We, in our sole discretion, reserve the right to reject each and every electronic mailing suggestion or restrict your access to the communication service though the Hypetrain Platform. The content of any email message shall be subject to this Section 4.3. Failure by you to abide by this section, CAN-SPAM Act of 2003 or other applicable laws, in any manner, will be deemed a material breach of these Platform Terms by you.

The Endorsement and Advertising Guidelines. Where applicable, in all public postings and advertising materials related to the Influencer’s services provided to you by means of use of the Hypetrain Platform and Services, you will comply with all relevant endorsement and advertising regulations, including the Federal Trade Commission’s Revised Endorsement and Testimonial Guides, which can be found below: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf.

In this regard, you commit, without derogating from any other guideline, to disclose your relationship with us and Influencers clearly and conspicuously and maintain such disclosure visible, wherever it is published.

Economic Sanctions and Export Control. If you are located in a country that is subject to trade restrictions, embargoes, and economic sanctions under the laws of the United States, the United Kingdom, the European Union or under similar laws applicable to you (“Sanctions Laws'') you may not use our Services and the Hypetrain Platform, or engage in commercial activities on the Hypetrain Platform unless that use or engagement is authorized by the United States and other relevant authorities. If you are on the US Treasury Department's list of Specially Designated Nationals, Blocked Person List or an equivalent list under the Sanctions Laws (“Sanctions Lists”), you may not engage in commercial or business activities on the Hypetrain Platform (such as payments or advertising). You acknowledge and agree that it is your responsibility to comply with all applicable Sanctions Laws, including transmissions of technical data exported from the United States or the country in which you reside.

By registering an account on the Hypetrain Platform, you represent and warrant that you are not a person specified in the Sanctions Lists or subject to economic sanctions imposed by any relevant government entity. You further agree and acknowledge that we may, without any penalty or other liability to you, suspend or cease our provision of the Hypetrain Platform and Services to you if you become a person or entity subject to Sanctions Laws that are applicable to the Hypetrain Platform and Services that are being provided to you until (in the case of suspension) such sanction is withdrawn, or you are otherwise exempted from the application of the relevant Sanction Law by the relevant government authority.

4.4. Communications; Rules of Communication

Your communications must be accurate (where they state facts), be genuinely held (where they state opinions), and comply with applicable law.

Rules of communication on the Hypetrain Platform. Since the Hypetrain Platform enables the possibility to send messages, submit requests, or interact with Influencers or other contractors by other means, you should comply with the following ground rules:

• you must not use obscene language;

• you must not send abusive, threatening, harassing or defamatory messages;

• you must not send messages that are intended to promote or incite violence;

• you must not send ‘spam’ or similar messages;

• you will not send messages or upload to viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or information;

• you must not make false representations or impersonate other people.

In addition to the ground rules provided above, your communications must not:

• contain any material which is offensive, hateful, or inflammatory;

• promote or contain pornography, nudity, sexually explicit material or adult content;

• promote or contain discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringe any copyright, trade secret/know-how, database right or trademark of any other person;

• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

• promote any illegal activity, or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

• be likely to vilify, upset, embarrass, alarm or annoy any other person, be likely to deceive any person;

• be used to impersonate any person, make false representations or misrepresent your identity or affiliation with any person;

• give the impression that they emanate from us if this is not the case.

You warrant that any of your communication complies with the above-mentioned rules, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of such warranty. We will not be responsible, or liable to any third party, in respect of the content of your communication.

5. LICENSES; INTELLECTUAL PROPERTY

License to the Hypetrain Platform. Subject to these Platform Terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Hypetrain Platform, solely to access our Services, during the applicable subscription period. The license granted hereunder is personal to you, and you may not re-use or share your license with a third party, such as your customer unless otherwise agreed to in separate writing. We retain any intellectual property rights we have in our Hypetrain Platform and Services. Any unauthorized use of any of the Services terminates the license granted by us pursuant to these Platform Terms.

License to your content. By using the Hypetrain Platform and Services, you grant us a worldwide, non-exclusive, royalty-free, transferable, and perpetual license to do the following with your content in relation to operating, developing, and improving our Services:

• use, copy, store, distribute, and communicate your content in manners consistent with your use of the Services;

• publish, publicly perform, or publicly display your content if you’ve chosen to make it visible to others (for example, so we can display your messages if you post them in the Hypetrain Workspace);

• monitor, modify, translate, and reformat your content (for example, so we can resize an image you post to fit on a mobile device);

• sublicense your content, to allow our Services to work as intended (for example, so we can provide your content with our payment service providers).

We reserve the right to block, remove, and/or permanently delete your content for any reason, including breach of these Platform Terms, our other policies, or any applicable law or regulation.

Client Trademarks. You grant us a non-exclusive, royalty-free, worldwide license to utilize your names, titles, and logos, as the same may be amended from time to time (the “Client Trademarks”), to advertise, market, promote, and publicize in any manner our rights hereunder. We shall not be required to advertise, market, promote, or publicize the Client Trademarks. This license shall terminate upon the expiration or termination of these Platform Terms.

Intellectual Property Rights. The Hypetrain Platform, Website, any logos, trademarks, designs, content, materials, graphics, audiovisual files, processes and code, features, functionality, and products or services accessible on or through the Hypetrain Platform (collectively, the “Content”) and all upgrades and updates thereto and all copyrights and other intellectual property rights related thereto are the property of Owner or it’s licensors. In addition, the design, trade dress, and the ‘look and feel’ of the visual displays available to you as part of the Hypetrain Platform and Services are protected works under applicable copyright laws and Owner or its licensors retain all intellectual property rights in them. The Owner or its licensors retain all rights, title, and interest in and to the Hypetrain Platform, Website, and the Content and all intellectual property rights therein or in connection thereto.

You acknowledge and agree that the Hypetrain Platform and Content are provided under license, and not sold, to you. So, the Client does not acquire any ownership rights to the Hypetrain Platform and Website or any material made available by and through the Hypetrain Platform and Website. Any unauthorized use, copying, redistribution and/or publication by the Client of any part of the Hypetrain Platform and/or Website are strictly prohibited. However, all information and data uploaded by the Client or retrieved, processed by means of use of the Hypetrain Platform on the Client’s behalf shall remain the Client’s property.

All brand and service marks, registered and unregistered trademarks, including, but not limited to, company names, logos, or symbols, contained on the Hypetrain Platform, such as the logos or trademarks of any third-party provider of social media services, are the property of their respective owners.

Copyright Complaints. We respect the intellectual property of others and expect our Clients to do the same. If you believe your copyright or trademark is being infringed on the Hypetrain Platform and related Services, please write to hello@hypetrain.io, and we will process your request.

6. DISPUTE RESOLUTION AND GOVERNING LAW

6.1. Settling disputes between you and Influencer

We encourage our Clients and Influencers to try to settle disputes amongst themselves. The Client and Influencer will attempt to resolve the dispute informally and make a good-faith effort to negotiate any dispute between them, including about the Influencer’s services provision. The specific terms of dispute resolution between Client and Influencer may be stipulated in a separate agreement concluded between them.

As we are not a party to any agreement between Client and Influencer, you acknowledge that we are not responsible for any element of the Influencer’s services performance or liable for the acts or non-performance by Client or Influencer. You also acknowledge and agree that we have no responsibility for or liability concerning resolving any disputes between Client and Influencer.

6.2. Settling disputes between you and Provider

Informal Resolution. Before pursuing formal legal action, you agree to try to resolve a dispute with us informally by sending a notice to hello@hypetrain.io.

You and Provider will try in good faith to settle any dispute within thirty (30) days after the such dispute arises. If we can’t resolve a dispute informally, you and Provider agree to resolve any dispute or claim relating to these Platform terms or Services through final and binding court judgment as specified in Section 6.2.b. below.

Governing law and jurisdiction. The laws of the Republic of Lithuania will apply to these Platform Terms and any disputes related to these Platform Terms or Services, regardless of conflict of laws rules. The courts in Vilnius, Lithuania have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Platform Terms, and you and Provider both consent to venue and personal jurisdiction in these courts.

Class waiver. If you’re a U.S. resident, you and Provider agree that each may bring claims against the other only in our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) may be sought in court.

7. TERM AND TERMINATION

7.1. Effective Date

The Client is considered to start using the Hypetrain Platform as of the date that the Client’s Hypetrain Account is registered, and the Client has access to the Hypetrain Platform subject to these Terms (“Effective Date”). Prior to the Effective Date, the Client’s use of the Website shall be controlled only by the Website Terms of Use and Privacy Policy provided on the Website, and upon the Effective Date this Platform Terms shall apply together with the Website Terms of Use and Privacy Policy. In case of conflict between these Terms and Website Terms of Use, these Terms shall prevail.

The Subscription Plan will take effect on the date that the Client’s free trial is expired and the Client continues/agrees to access the Hypetrain Platform subject to terms specified in this Subscription Plan, and will remain in effect for the term as defined in the Subscription Plan, which can be either for a fixed term or until terminated.

7.2. Term

The term of these Platform Terms means an original term and all renewal terms during which the Client is granted the right to access and use the Hypetrain Platform. These Platform Terms will remain in effect until terminated by you or us in accordance with the terms specified below.

Unless otherwise stated in the Subscription Plan, the Subscription Plan will automatically renew for a period of equal duration (renewal term), unless terminated by you at least thirty (30) days before the end of the term in effect (i.e. the original term or any renewal term).

7.3. Termination

Your right to terminate. You may terminate any Subscription Plan and these Platform Terms at any time and for any reason with thirty (30) days prior written notice to us.

Our right to terminate. Subject to applicable law, we reserve the right, at our sole discretion, to suspend or terminate your access to some or all of our Services and the Hypetrain Platform at any time with or without notice, including if: (i)you breach these Platform Terms, our policies, or additional terms that apply to you; (ii) we reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties; (iii) we are required to do so by the requirements of any applicable law or to comply with a court order and the rules of legal procedure.

However, we will give you an advance notice of termination if it is reasonable to do so or required by applicable law.

We reserve the right to suspend or terminate your account or terminate a Subscription Plan if your Hypetrain account has been inactive for more than one (1) year.

Immediately upon expiration or termination of your Subscription Plan and these Platform Terms, your right to use the Hypetrain Platform and Services terminates automatically, and you will no longer have access to the Hypetrain Platform and Services. In the event these Platform Terms are terminated at the Client’s discretion, your Subscription Plan and these Platform Terms shall continue to apply until the end of the term of your current Subscription Plan.

Termination or expiration of your Subscription Plan and these Platform Terms shall never result in an obligation for us to refund or return any payments you have made to us up until the moment of expiration or termination.

8. SERVICES “AS IS”

TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, OWNER, AND THEIR RESPECTIVE LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE HYPETRAIN PLATFORM AND SERVICES. THE HYPETRAIN PLATFORM AND SERVICES ARE PROVIDED “AS IS.” OWNER AND PROVIDER DISCLAIM: (I) ALL REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE WEBSITE OR INFORMATION THEREON, THE HYPETRAIN PLATFORM OR ITS SERVICES, OR OTHERWISE RELATING TO THIS PLATFORM TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; AND (II) ANY WARRANTY THAT THE HYPETRAIN PLATFORM, SERVICES, OR WEBSITE WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE, OR OTHER HARMFUL COMPONENTS. FURTHER, OWNER AND PROVIDER MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE HYPETRAIN PLATFORM, THE WEBSITE AND/OR ASSOCIATED SERVICES.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Provider, its affiliates, and its and their respective directors, officers, employees, contractors, agents, representatives, successor, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (i) your use or misuse of the Hypetrain Platform and Services; (ii) your breach of these Platform Terms, including but not limited to your content you submit or make available through the Hypetrain Platform or related Services; (iii) any personal or property damage caused by you; (iv) any claim that our use of the Client Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you, (iii) any claim related to your advertising campaigns, including, without limitation, its conduct and content therein not attributable to us, or (iv) your engaging in any prohibited activity as specified in Section 4.2.

10. LIMITATION OF LIABILITY

PROVIDER, OWNER, ITS LICENSORS AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THESE PLATFORM TERMS AND/OR THE USE OF THE HYPETRAIN PLATFORM AND SERVICES PROVIDED BY PROVIDER, EVEN IF PROVIDER, OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, PROVIDER, OWNER AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS WILL NOT BE HELD LIABLE FOR ANY LOSSES OF ANY KIND THAT MAY RESULT DUE TO DOWNTIME AND/OR THE AVAILABILITY OF THE HYPETRAIN PLATFORM AND SERVICES AND/OR ANY OTHER THIRD PARTY DOWNTIME.

THE MAXIMUM AGGREGATE LIABILITY OF PROVIDER (INCLUDING OWNER) TO THE CLIENT FOR ALL DIRECT DAMAGES ARISING FROM THE WEBSITE, THE HYPETRAIN PLATFORM AND SERVICES WILL NOT EXCEED IN ANY EVENT THE TOTAL FEES PAID BY THE CLIENT TO PROVIDER HEREUNDER DURING THE 3-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

THE PROVIDER ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND/OR CLIENT OF OUR SERVICES.

THE INFORMATION PRESENTED ON OR THROUGH THE HYPETRAIN PLATFORM, THE WEBSITE AND/OR SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. PROVIDER OR OWNER DOES NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, GIVEN BY OWNER OR PROVIDER THROUGH THE HYPETRAIN PLATFORM, THE WEBSITE AND/OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN HEREIN.

11. OTHER IMPORTANT PROVISIONS

Changes and Updates to the Platform Terms. From time to time we may make changes and/or update these Platform Terms, including by way of additional terms or policies. We may notify you in writing of any material changes to our Platform Terms, including via email and pop-up notices on the Platform. You understand and agree that if you use the Hypetrain Platform after the date on which the Platform Terms have changed, we will treat your use as acceptance of the updated Platform Terms.

Relationship between Client and Provider. You and Provider are independent contractors, and nothing in these Platform Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this Section. The Client has no authority to make or accept any offers or representations on behalf of Owner or Provider, as well as make any statements on behalf of Owner or Provider.

Notices. Any technical, administrative, or other general notices may be posted through the Hypetrain Platform or sent to your email addresses identified on the Hypetrain Platform. We may also assume that any notices or communications we have received from your Hypetrain Account or the associated contact information have been made by you.

Language and Machine Translation. Where other language versions of these Platform Terms exist, the English version will control. If any questions arise related to the accuracy of the information contained in the machine translation of these Platform Terms, you should refer to the English version of them which is the official version.

Severability and Waiver. If any provision of these Platform Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Platform Terms will continue in full force and effect. No waiver will be effective unless set forth in writing and signed by the Party charged with such waiver, and no waiver of any right arising from any breach will be deemed to be a waiver or authorization of any other breach or any other right arising under these Platform Terms.

Subcontracting. Owner and Provider shall be entitled to subcontract any third party for the purposes of operation and/or maintenance of the Hypetrain Platform and Website under these Platform Terms. Provider is entitled to subcontract third parties for provisions of support services under these Platform Terms, provided that provisions of such services will not involve significant modifications to core features related to the Hypetrain Platform and Website.

Assignment. Client shall not be entitled to assign or transfer its rights and obligations under these Terms to a third party, whether in whole or in part, without Provider’s prior written consent. Provider shall be entitled to assign its rights to any third party, at its sole discretion, provided that such third party undertakes to comply with our obligations to you under these Platform Terms.

Survival. All provisions of these Terms which by their nature shall be intended to continue shall survive termination, including terms relating to exclusions and limitations of Owner’s and Provider’s liability, intellectual property restrictions and reimbursement of damages.

12. CONTACTING EACH OTHER

If you have any questions or concerns about these Platform Terms or the Hypetrain Platform and Services, please contact us via email at hello@hypetrain.io.

We may send you electronic communications related to the Hypetrain Platform and Services. Before sending you direct marketing messages, we will get your consent, where requirements so dictate, and make it easy for you to opt-out.

We welcome feedback, comments, and suggestions to improve the Hypetrain Platform and our Services. You can leave a review by emailing us at hello@hypetrain.io. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.

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