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hypetrain terms of use

  1. General Provisions

  2. The Hypetrain.io service (hereinafter referred to as Hypetrain, Service, Product) is owned and operated by Welmi Inc. The terms "we", "us" and "our" in the Service and these Terms of use shall refer to Welmi Inc., its Subsidiaries or Commercial Agents depending on the region of use of the Service. The term "Device" refers to a device that is used to access a Service, including, but not limited to, computers, smartphones, and tablets.

    We offer access to Hypetrain, including access to all information, tools, products and services available in the Service for the User, subject to the User's full and unconditional consent to all terms, policies and notices set out herein.

    By using Service, you agree to be bound by the following terms (hereinafter referred to as the Terms of use, Terms), including any additional terms and policies mentioned here and/or available by hyperlink.

    Please read these Terms of use carefully before using Hypetrain. By using the Service, you agree to be bound by these Terms of use. If you do not agree to these Terms or their certain provisions, you shall immediately stop using the Service.

    Any new content, features, or tools that we add to the Service are also subject to the Terms of use. On this page, you can review the most recent version of the Terms of use at any time. We reserve the right to update, change or replace any part of these Terms of use by posting updates and/or changes on this page. It is your responsibility to periodically check this page for updates and/or changes. Your continued use of Hypetrain after posting any changes constitutes your acceptance of these changes.

  1. Description Of Service

  2. The Hypetrain Service provides the User the ability of searching and selection influencers (bloggers posted on the Youtube service) according to specified criteria for conducting advertising campaigns (placement of advertising integrations) for a commission, which is a percentage of the budget of the advertising company.

    Functionality of Service:
    Search for influencers by specified criteria, which are divided into:

    1. channel characteristics: geolocation, number of subscribers, number of views in the last 30 days, audience engagement, recommended cost, availability of contact information (e-mail and social networks);

    2. characteristics of the audience: geolocation, gender, age;

    3. content characteristics: categories, keywords, mentions of given topics in the last 90 days, updates in the last 90 days.

    The service calculates the estimated approximated cost per event, which can be obtained through cooperation with the selected influencer. This cost is calculated by the service based on the influencer's performance, is purely advisory in nature and is introduced solely for the convenience of the User when planning an advertising campaign. The Service allows User to plan and conduct advertising campaigns.

  1. Commercial Agent.

  2. For User convenience the User can appoint Welmi Inc. by it's commercial agent for negotiating terms with influencers, concluding agreements with them and making payments for advertising integrations. The User instructs Welmi Inc. conducting an advertising campaign on his own behalf by sending an approved list of influencers to info@hypetrain.io The Service acts as a User's commercial agent when transferring remuneration to each specific influencer participating in the User's advertising campaign. Payments to influencers are made on behalf of and from the User's funds.

  1. Use Of Service

  2. Access to all information, tools, products and services available in the Service is provided subject to the full and unconditional consent of the User with all the conditions set forth in these Terms. The Service is provided "as is" and "as available". In case of disagreement with this provision, the User must immediately stop using the Service. We reserves the right to change and supplement these Terms, in case of change, the Service will notify the User.

    At the time of registration in the service, the User creates an account that cannot be transferred to third parties in any way.

    We has the right to transfer its rights and obligations under these Terms of Use at any time to any company or person, if this does not materially affect the rights of the User. The User may not transfer his rights or obligations under these Terms of Use to anyone else.

  1. Service Cost.

  2. The Service charges a fee only if the User has decided to conduct an advertising campaign involving Welmi Inc. as a commercial agent as described in section 3 of these Terms.

    The cost of such services is 3% of the advertising budget. The cost of services is charged as a commission at the time of settlement with the influencer. Refunds are not provided, the payment does not include taxes and bank commissions, as well as commissions of payment systems, which are paid through payments to influencers. These commissions are paid by the Users additionally.

    The User has the right to demand the return of unused advertising budget. In this case, We must return it within 3 months from the date of the request.

  1. Taxes

  2. The User is solely responsible for the payment of all taxes and fees that arise during the use of the Service. This clause also applies to the payment of VAT. The service contains a standard data collection form for authorizing payment to an influencer, which allows to apply the VAT allocation option. However, this VAT amount is approximate, serves for reference purposes only, and We do not guarantee that these data are reliable. To calculate taxes, the User needs to consult with a tax specialist.

  1. Term

  2. The Terms of Use takes effect from the moment when the User accepts its terms by checking the checkbox during registration and is valid for the entire period of use of the Service by the User.

  1. Requirements For The User

  2. By agreeing to these Terms of use, User confirms that he:

    1. have reached the age of majority in accordance with the laws of the country, state or province in which he resides;

    2. is an authorized representative of the company whose interests he represents, if he works on behalf of a legal entity;

    3. is agree not to use Service for purposes prohibited by law, or to violate the rights of Welmi Inc. or any other person, or to violate any laws in his jurisdiction (including, without limitation, copyright laws);

    4. undertakes to use the Service solely for its functional purpose. If any of these points is violated, access to the Service is immediately terminated.

  1. Intellectual Property And Copyright

  2. All materials (including software and content contained in the Service) are owned by Welmi Inc. (or third-party licensors, where applicable), unless otherwise specified.

    The materials contained in the Service may not be copied or distributed, republished or transmitted to third parties in any way without the prior written consent of Welmi inc. Any unauthorized use or violation of this clause will immediately and automatically terminate the right to use the Service and may result in legal liability. The User has no right to use any content, code, data or materials contained in the Service in a manner not provided for by the functionality of the Service.

    Hypetrain®, the Hypetrain logo and all other product or service marks of Welmi Inc. are trademarks. All intellectual property, trademarks, logos, images, product and company names displayed or mentioned in the Products are the property of their respective owners. Use of the Service does not grant the User any licenses or rights to use, modify, delete or copy such materials. Misuse of the trademarks contained in the Service is strictly prohibited.

  1. Disclaimer

  2. The recommended cost, as well as the cost per view provided by the Service, are estimated, calculated automatically by the Service and are not binding on the influencer. These amounts are provided for reference purposes only and should not be taken by the User as the sole basis for making decisions. The actual effectiveness of the advertising company may also differ from the values ​​shown by the Service and We don’t responsible for such price discrepancies.

    We don’t responsible for the consequences of the User's actions performed on the basis of the data received when using the Service. The User assumes full responsibility for his decisions and actions. In particular, to the maximum extent permitted by law, We do not make no representations or warranties as to the accuracy, completeness or fitness for any purpose of the recommendations, other materials and information published in the Service.

    We don’t guarantee or represent that the provision of our Services will be uninterrupted, timely, secure or error-free.

    The User agrees that We may stop the Service for an indefinite period of time or terminate its provision at any time without prior notice.

    In no event shall Welmi Inc., our founders, officers, employees, affiliates, agents, licensors, contractors, interns, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or any other damages of any kind, including, without limitation, lost profits, lost savings, loss of data, equipment replacement costs, or any other such damages, whether based on the requirements of contracts, regulations, or otherwise.

    Responsibility of Welmi Inc., its Subsidiaries, Commercial Agents or Licensees limited to the maximum extent permitted by law.

  1. Third-party products, services and tools.

  2. Service may provide to the User with access to third-party tools, products and/or services that We don’t control, don’t guarantee their performance and is not responsible for the content provided.

    The User is acknowledged and agree that We provide access to such tools, products, and/or services in an "as is" and "as available" format without any warranties, representations, or conditions of any kind. We don’t accept any liability arising from use of third-party tools, products or services.

    Any use of additional tools offered through the Service is at the User's own risk and discretion. The User must independently familiarize with the terms on which the tools are provided by the respective third party providers.

    WE don’t responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with the use of third-party tools, products, and/or services. Complaints, claims, problems, or questions about third-party products must be sent to third parties.

  1. Prohibition Of Use For Certain Purposes.

  2. In addition to the other prohibitions set forth in the Terms of use, the User is prohibited from using the Service or its content:

    1. for any illegal purpose;

    2. requiring third parties to perform or participate in any illegal activity;

    3. violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

    4. violating or restricting intellectual property rights of Welmi Inc. or the intellectual property rights of third parties;

    5. harassing, abusing, harming, slandering, humiliating, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, of national origin or disability;

    6. provide false or misleading information;

    7. upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related tool, product and/or service, third-party websites and applications, or the Internet;

    8. collect or track personal information of others;

    9. send spam, engage in other illegal activities using the Internet;

    10. for any obscene or immoral purposes;

    11. interfere with or circumvent the security features of the Service or any related tool, product and/or service, third-party websites or the Internet;

    We reserve the right to terminate your use of the Service for any of the above actions.

  1. Inability To Apply Certain Provisions.

  2. If any provision of these Terms of use is found to be illegal, invalid, or unenforceable, such provision shall nevertheless apply to the full extent permitted by applicable law, and the unenforceable portion will be deemed to be separate from these Terms of use. The inability to apply certain provisions of the Terms of use shall not affect the validity and applicability of any other remaining provisions of the Terms of use.

  1. Priority of the Terms of use over other agreements.

  2. These Terms of use and any policies or operating rules published by us in the Service shall govern your use of Hypetrain, superseding any prior agreements, communications, and offers made orally or in writing between the User and Us (including, without limitation, any previous versions of the Terms of use). Any ambiguities in the interpretation of these terms of use cannot be interpreted in any way that is not in favor of Welmi Inc.

  1. Contact Information And Feedback.

  2. We welcome feedback, comments, and suggestions to improve our Service. The User can leave a review by sending us an email at info@hypetrain.io. By submitting such message, the User grants a non-exclusive, unlimited in territory and time of validity, irrevocable, royalty-free and sub-licensable license in accordance with any possible applicable law.

    Welmi Inc. and the User accepts the legal effect of electronically or facsimile transmitted and electronically signed documents.