Effective Date: February 25, 2026
Last Updated: February 25, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE HYPECUT PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
1.1 "Service" means the HypeCut platform, software, APIs, and all related services provided by HypeCut LLC.
1.2 "User," "you," or "your" refers to any individual or entity accessing or using the Service.
1.3 "Content" means any video clips, metadata, titles, descriptions, user-generated data, or other materials submitted, uploaded, or processed through the Service.
1.4 "Connected Platforms" means third-party services including but not limited to Twitch, YouTube, TikTok, and Instagram that you authorize to integrate with the Service.
1.5 "Company," "we," "us," or "our" refers to HypeCut LLC, a Florida limited liability company.
2.1 Binding Agreement. These Terms of Service constitute a legally binding agreement between you and HypeCut LLC. By creating an account, accessing the Service, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms.
2.2 Modifications. We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion, with or without notice. Any changes will be effective immediately upon posting to the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
2.3 Additional Terms. Certain features of the Service may be subject to additional terms and conditions, which will be presented to you at the time of use. Such additional terms are incorporated into these Terms by reference.
3.1 Age Requirement. You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age, you must have the consent of a parent or legal guardian to use the Service. By using the Service, you represent and warrant that you meet these age requirements and, if applicable, have obtained parental or guardian consent. We do not verify age but reserve the right to request proof of age or parental consent at any time.
3.1.1 Parental Responsibility. If you are a parent or guardian and you provide consent for your child to use the Service, you agree to be bound by these Terms on behalf of your child and are responsible for all of your child's activity on the Service.
3.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
3.3 Accurate Information. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.
4.1 User Content Ownership. You retain all ownership rights in and to your Content. However, by uploading, submitting, or otherwise making Content available through the Service, you hereby grant to HypeCut LLC a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such Content in any and all media or distribution methods (now known or later developed) for the purposes of:
(a) Operating, providing, maintaining, and improving the Service;
(b) Developing, training, and improving artificial intelligence, machine learning models, and algorithms;
(c) Analyzing user behavior, preferences, and engagement for product development and optimization;
(d) Marketing, promoting, and demonstrating the Service;
(e) Complying with legal obligations and enforcing our rights.
4.2 Platform Connection Data. By connecting third-party platforms (Twitch, YouTube, TikTok, Instagram, etc.) to the Service, you grant us the right to access, store, process, analyze, and retain all data associated with such connections, including but not limited to: authentication tokens, user identifiers, channel information, video metadata, engagement metrics, follower counts, and any other data made available through such platform APIs. This data may be used for operational purposes, analytics, fraud prevention, and service improvement, and may be retained indefinitely, even after you disconnect such platforms.
4.3 Metadata and Analytics. We may collect, aggregate, and analyze metadata derived from your use of the Service, including but not limited to usage patterns, performance metrics, and anonymized or de-identified data. We retain a perpetual, irrevocable right to use such data for any lawful business purpose, including but not limited to analytics, benchmarking, research, and product development.
4.4 No Compensation. You acknowledge and agree that you will not be entitled to any compensation, revenue share, or other payment for our use of your Content or data as described in this Section 4, except as expressly provided in Section 7.5 regarding Twitch Bits revenue sharing.
4A.1 Authority and Capacity. You represent and warrant that:
(a) You have the legal capacity and authority to enter into these Terms;
(b) If you are entering into these Terms on behalf of an entity, you have the authority to bind that entity to these Terms;
(c) Your use of the Service does not violate any applicable law, regulation, or agreement to which you are subject.
4A.2 Content Rights. You represent and warrant that:
(a) You own or have obtained all necessary rights, licenses, consents, and permissions to upload, submit, and distribute your Content through the Service;
(b) Your Content does not and will not infringe, violate, or misappropriate any third-party intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, rights of publicity, or privacy rights;
(c) Your Content does not contain any material that is defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
(d) Your Content does not contain any viruses, malware, or other harmful code;
(e) You have obtained all necessary consents, releases, and permissions from any individuals appearing in your Content.
4A.3 Export Control Compliance. You represent and warrant that:
(a) You are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services;
(b) You are not identified on any U.S. government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List;
(c) You will comply with all applicable export control laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR);
(d) You will not use the Service for any purposes prohibited by U.S. law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
4A.4 Breach of Warranties. Any breach of the representations and warranties in this Section 4A constitutes a material breach of these Terms and may result in immediate termination of your account and legal action.
5.1 Audit Rights. We reserve the right, at any time and without prior notice, to audit, monitor, review, and analyze your use of the Service, including but not limited to access logs, usage patterns, Content uploads, and account activity, for purposes of:
(a) Ensuring compliance with these Terms;
(b) Detecting, preventing, and investigating fraud, abuse, or security threats;
(c) Enforcing our policies and protecting our rights and property;
(d) Complying with legal obligations and responding to lawful requests from authorities.
5.2 Cooperation. You agree to cooperate fully with any audit or investigation conducted by us or our authorized representatives. Failure to cooperate may result in immediate suspension or termination of your account.
5.3 Data Retention for Compliance. We may retain logs, records, and data related to your use of the Service for as long as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.
6.1 Termination by You. You may terminate your account at any time by using the "Delete Account" option in your account settings or by contacting support@hypecut.tv. Upon termination, your data will be deleted in accordance with our Privacy Policy.
6.2 Suspension and Termination by Company. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO SUSPEND, RESTRICT, OR TERMINATE YOUR ACCOUNT AND ACCESS TO THE SERVICE IMMEDIATELY, WITH OR WITHOUT NOTICE, WITH OR WITHOUT CAUSE, FOR ANY REASON OR NO REASON, including but not limited to:
(a) Violation of these Terms of Service or our Privacy Policy;
(b) Violation of applicable laws, regulations, or third-party rights;
(c) Fraudulent, abusive, harmful, or suspicious activity;
(d) Creating Content that violates platform community guidelines or third-party intellectual property rights;
(e) Attempting to circumvent technical limitations, security measures, payment systems, or usage restrictions;
(f) Using automated tools, bots, or scripts to abuse the Service;
(g) Harassment, threats, or harm directed at other users, our staff, or third parties;
(h) Chargebacks, payment disputes, failed payments, or non-payment;
(i) Creating multiple accounts or misrepresenting your identity;
(j) Excessive support requests, abusive communications, or unreasonable demands;
(k) Account inactivity for extended periods (12+ months);
(l) Suspected security compromise, unauthorized access, or data breach;
(m) Business reasons, including but not limited to discontinuation of the Service, lack of commercial viability, or strategic decisions;
(n) Legal requirements, court orders, or government requests;
(o) Any other reason we deem necessary, in our sole judgment, to protect the Service, our users, our business interests, our reputation, or the public.
6.3 Immediate Suspension Without Notice. We may immediately suspend your account without prior notice if we believe, in our sole discretion, that:
(a) Your account poses a security risk or has been compromised;
(b) You are engaging in illegal activity or violating third-party rights;
(c) Continued access would harm other users, the Service, our reputation, or our business;
(d) We are required to do so by law, legal process, or governmental authority.
6.4 Effect of Termination or Suspension. Upon termination or suspension of your account:
(a) Your access to the Service will be immediately revoked;
(b) All licenses granted to you under these Terms will terminate;
(c) You will lose access to all clips, analytics, settings, and account data;
(d) We may, but are not obligated to, delete your Content and account data in accordance with our Privacy Policy;
(e) Outstanding payment obligations remain due and payable;
(f) No refunds will be provided for unused subscription time, Bits spent, or any other fees paid;
(g) Sections 4, 7, 8, 10, 11, 12, 13, 14, 15, and 16 of these Terms shall survive termination.
6.5 No Liability for Termination. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION, SUSPENSION, OR RESTRICTION OF YOUR ACCOUNT OR ACCESS TO THE SERVICE, INCLUDING ANY LOSS OF DATA, CONTENT, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE REASON FOR SUCH TERMINATION.
6.6 Appeal Process. If you believe your account was suspended or terminated in error, you may submit an appeal to support@hypecut.tv within 30 days of the suspension or termination. We will review your appeal in good faith but are under no obligation to reinstate your account. Our decision on appeals is final and binding.
6.7 Prohibition on Re-Registration. If your account is terminated for cause, you may not create a new account or access the Service through another account without our prior written consent. Attempting to circumvent a termination may result in legal action.
7.1 Fees. Certain features of the Service require payment of subscription fees. All fees are non-refundable except as expressly provided in these Terms or required by law. Current subscription tiers include Hobby (free), Creator ($4.99/month or $49.99/year), and Brand ($9.99/month or $99.99/year). Prices are subject to change.
7.2 Payment Processors. Payments are processed by third-party payment processors, including Stripe and LemonSqueezy. By providing payment information, you authorize us and our payment processors to charge your payment method for all fees. You agree to comply with the terms and conditions of our payment processors.
7.3 Billing and Automatic Renewal. Subscription fees are billed in advance on a monthly or annual basis, as selected by you. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. You authorize us to charge your payment method on file for all applicable fees, including automatic renewal charges.
7.4 Failed Payments. If a payment fails or is declined:
(a) We may retry the charge up to three times over a 10-day period;
(b) Your account may be downgraded or suspended until payment is received;
(c) You remain responsible for all unpaid fees;
(d) We may charge a failed payment fee as permitted by law.
7.5 Twitch Bits Revenue Sharing. When viewers use Twitch Bits to create clips through the Service, revenue is shared as follows: 80% to the streamer, 20% to HypeCut. Bits transactions are processed by Twitch according to their terms of service. Bits spent on clip creation are non-refundable. Streamers must configure a minimum Bits cost per clip.
7.6 Price Changes. We reserve the right to change our pricing at any time. Price changes for existing subscriptions will apply to subsequent billing cycles and will be communicated to you at least 30 days in advance via email or in-app notification. Continued use of the Service after a price change constitutes acceptance of the new pricing.
7.7 Cancellation and Refunds. You may cancel your subscription at any time through your account settings or by contacting support@hypecut.tv. Cancellations will take effect at the end of the current billing period. No partial refunds will be provided for unused time, except as required by law. Upon cancellation, you will retain access to paid features until the end of the current billing period.
7.8 Chargebacks. If you initiate a chargeback or payment dispute with your bank or payment provider:
(a) Your account will be immediately suspended pending resolution;
(b) If the chargeback is found to be invalid or fraudulent, your account may be permanently terminated;
(c) You will be responsible for all chargeback fees and costs incurred by us;
(d) We reserve the right to pursue legal action to recover losses.
7.9 Taxes. All fees are exclusive of applicable taxes (including sales, use, value-added, and similar taxes). You are responsible for paying all taxes associated with your use of the Service. If we are required to collect or pay taxes, such taxes will be invoiced to you and you agree to pay such taxes.
7.10 Free Trials and Promotional Offers. We may offer free trials or promotional pricing from time to time. Free trials automatically convert to paid subscriptions at the end of the trial period unless you cancel before the trial ends. Promotional pricing is subject to the terms of the specific offer and may not be combined with other offers.
8.1 Compliance. You agree to use the Service only for lawful purposes and in compliance with these Terms, all applicable laws, and the terms of service of Connected Platforms.
8.2 Prohibited Content. You agree not to upload, post, transmit, or otherwise make available any Content that:
(a) You do not own or have the right to use;
(b) Infringes any intellectual property, privacy, publicity, or other rights of any third party;
(c) Contains child sexual abuse material (CSAM) or exploits minors in any way;
(d) Contains pornography, nudity, or sexually explicit material;
(e) Promotes or depicts violence, self-harm, suicide, or dangerous activities;
(f) Contains hate speech, discrimination, or harassment based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics;
(g) Is defamatory, libelous, threatening, abusive, or harassing;
(h) Promotes illegal drugs, weapons, terrorism, or other illegal activities;
(i) Contains spam, malware, viruses, or other harmful code;
(j) Violates any applicable law or regulation;
(k) Violates the community guidelines or terms of service of any Connected Platform.
8.3 Prohibited Activities. You agree not to:
(a) Attempt to gain unauthorized access to the Service or related systems;
(b) Reverse engineer, decompile, or disassemble any part of the Service;
(c) Use automated means (bots, scrapers, etc.) to access the Service without our prior written consent;
(d) Engage in any activity that interferes with or disrupts the Service;
(e) Impersonate any person or entity or misrepresent your affiliation with any person or entity;
(f) Collect or harvest personal information of other users;
(g) Use the Service for any commercial purpose not expressly authorized by these Terms;
(h) Circumvent or attempt to circumvent any security features, rate limits, or usage restrictions.
8.4 CSAM Reporting. We have zero tolerance for child sexual abuse material (CSAM). Any CSAM discovered on the Service will be immediately reported to the National Center for Missing & Exploited Children (NCMEC) and law enforcement authorities as required by law. The account will be permanently terminated and all information will be preserved for law enforcement investigation.
8.5 Enforcement. We reserve the right, but have no obligation, to monitor, review, or remove Content that violates these Terms. Violation of this Section 8 may result in immediate account termination, legal action, and reporting to law enforcement.
8.6 Automated Content Moderation and Investigation Hold. Any Content processed through the Service, regardless of source, including clips created from a Connected Platform, OBS or other capture tools, and manually uploaded video files, is automatically screened for violations of Section 8.2 before it is processed or published. If Content is flagged, we may place your account on hold pending investigation, during which some or all features of the Service, including clip processing and publishing, may be suspended without prior notice. No refunds, credits, or compensation will be provided for subscription fees, Bits, or clips affected by an investigation hold, regardless of its outcome. If the investigation confirms a violation, your account will be suspended or terminated in accordance with Section 6, in addition to any action described in Section 8.4 where applicable. Flagged Content and related account information may be retained beyond our normal retention periods where necessary to investigate, respond to legal process, or comply with law.
9.1 No Responsibility. The Service integrates with third-party platforms such as Twitch, YouTube, TikTok, and Instagram. We are not responsible for the availability, functionality, terms, policies, or actions of any third-party platform. Your use of such platforms is governed by their respective terms of service.
9.2 API Changes and Platform Actions. Third-party platforms may change, restrict, or discontinue their APIs at any time. We are not liable for any failure, delay, or inability to provide the Service resulting from such changes. Third-party platforms may suspend, ban, or restrict your account on their platform for any reason, including but not limited to violations of their terms of service or community guidelines. We are not responsible for any such actions and cannot guarantee reinstatement of your platform account.
9.3 Platform Violations and Rate Limits. You are solely responsible for ensuring that your use of the Service and your Content comply with the terms and policies of all Connected Platforms. We are not responsible for any actions taken by such platforms against your account, including content removal, account suspension, or termination. Third-party platforms impose rate limits and usage quotas on API access. If you exceed these limits, the Service may be temporarily unable to upload or publish Content to that platform. We are not liable for any delays or failures resulting from platform rate limits.
9.4 Platform Content Policies. Each Connected Platform has its own content policies, community guidelines, and copyright enforcement procedures. Content that is acceptable on one platform may violate the policies of another platform. You are responsible for understanding and complying with the policies of each platform to which you distribute Content.
10.1 AS-IS BASIS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2 No Guarantee. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, QUALITY, OR RELIABILITY OF ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE.
10.3 Clip Processing. WE DO NOT GUARANTEE SUCCESSFUL CLIP CREATION, PROCESSING, UPLOAD, OR PUBLICATION TO CONNECTED PLATFORMS. CLIP QUALITY, PROCESSING TIME, AND DELIVERY ARE SUBJECT TO TECHNICAL LIMITATIONS AND THIRD-PARTY PLATFORM AVAILABILITY.
10.4 No Performance Guarantees. THE SERVICE IS A CONTENT DISTRIBUTION AND AUTOMATION TOOL ONLY. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING:
(a) The number of views, impressions, engagements, or interactions your Content will receive on any Connected Platform;
(b) Growth in followers, subscribers, audience size, or social media presence;
(c) Monetization, revenue generation, or financial success resulting from use of the Service;
(d) Viral success, fame, popularity, or recognition;
(e) Algorithm performance, content ranking, or visibility on Connected Platforms;
(f) Audience retention, engagement rates, or content performance metrics;
(g) Any specific business, marketing, or promotional outcomes.
10.5 Results Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT CONTENT PERFORMANCE, AUDIENCE GROWTH, AND SUCCESS ON SOCIAL MEDIA PLATFORMS DEPEND ON NUMEROUS FACTORS OUTSIDE OUR CONTROL, INCLUDING BUT NOT LIMITED TO CONTENT QUALITY, AUDIENCE PREFERENCES, PLATFORM ALGORITHMS, TIMING, COMPETITION, MARKET CONDITIONS, AND INDIVIDUAL USER BEHAVIOR. THE SERVICE PROVIDES DISTRIBUTION AUTOMATION ONLY AND DOES NOT GUARANTEE ANY PARTICULAR RESULTS, OUTCOMES, OR LEVEL OF SUCCESS.
10.6 Third-Party Algorithm Changes. Connected Platforms may change their algorithms, recommendation systems, content policies, or ranking mechanisms at any time without notice. Such changes may negatively impact the visibility, reach, or performance of your Content. We are not responsible for any such changes or their effects on your Content performance.
11.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYPECUT LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
11.3 Third-Party Failures. WE SHALL NOT BE LIABLE FOR ANY FAILURE, DELAY, ERROR, OR LOSS RESULTING FROM THIRD-PARTY PLATFORM OUTAGES, API CHANGES, POLICY VIOLATIONS, ACCOUNT SUSPENSIONS, OR OTHER ACTIONS TAKEN BY CONNECTED PLATFORMS.
12.1 You agree to indemnify, defend, and hold harmless HypeCut LLC, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
(a) Your use of the Service;
(b) Your Content or any violation of third-party rights related thereto;
(c) Your violation of these Terms or any applicable law;
(d) Your negligence, willful misconduct, or fraud.
13.1 Retention Periods. We retain your Content, account data, and usage information for the following periods:
(a) Video Clips: 30 days from creation, unless deleted earlier by you or required for legal purposes;
(b) Account Data: While your account is active and for up to 90 days after account deletion to allow for recovery and dispute resolution;
(c) Transaction Records: 7 years from the date of transaction to comply with tax and financial regulations;
(d) Logs and Analytics: Up to 24 months for operational and security purposes;
(e) Anonymized Data: Indefinitely for analytics, research, and business purposes.
We may retain data for longer periods as necessary to comply with legal obligations, resolve disputes, enforce our agreements, or protect our rights.
13.2 Account Deletion. If you delete your account, we will delete or anonymize your personal information in accordance with our Privacy Policy within 90 days. However, we reserve the right to retain anonymized, aggregated, or de-identified data indefinitely for analytics, research, and business purposes. Transaction records will be retained for 7 years as required by law.
13.3 Backup and Archival. We may retain backup copies of data for disaster recovery and business continuity purposes. Such backups may persist for up to 90 days beyond the deletion of your account and will be deleted in accordance with our backup retention schedule.
14.1 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the formation, performance, breach, or termination thereof) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Florida, and judgment on the award may be entered in any court having jurisdiction.
14.1.1 Arbitration Costs. Each party shall bear its own attorneys' fees and costs in arbitration unless the arbitrator awards such fees and costs to the prevailing party. The arbitrator's fees and AAA administrative fees shall be split equally between the parties, unless the arbitrator determines that one party should bear a greater share based on the circumstances.
14.1.2 Small Claims Court Exception. Notwithstanding the arbitration requirement, either party may bring an individual action in small claims court if the claim qualifies for small claims court jurisdiction and remains in small claims court.
14.1.3 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to support@hypecut.tv within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but disputes will be resolved in court as set forth in Section 14.5.
14.2 Waiver of Class Actions. YOU AND HYPECUT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
14.3 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
14.4 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
14.5 Venue. To the extent arbitration does not apply, you agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Florida, and you hereby consent to the personal jurisdiction and venue of such courts.
15.1 Ownership. The Service, including all software, designs, text, graphics, logos, trademarks, and other materials, is owned by HypeCut LLC and is protected by copyright, trademark, and other intellectual property laws.
15.2 Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
15.3 Restrictions. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any portion thereof without our prior written consent.
15.4 Trademark Usage. "HypeCut" and associated logos are trademarks of HypeCut LLC. You may not use our trademarks without our prior written consent. Any unauthorized use of our trademarks may violate trademark laws and these Terms.
15.5 DMCA Copyright Policy. We respect the intellectual property rights of others and expect our users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
15.6 DMCA Takedown Procedure. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, you may notify our DMCA agent by providing the following information in writing:
(a) A physical or electronic signature of the copyright owner or person authorized to act on their behalf;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing, with sufficient detail to allow us to locate it;
(d) Your contact information, including address, telephone number, and email address;
(e) A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
15.7 DMCA Agent Contact Information:
HypeCut LLC
DMCA Agent
Email: hello@hypecut.tv
Subject Line: "DMCA Takedown Request"
15.8 Counter-Notification. If you believe that your Content was removed or disabled by mistake or misidentification, you may file a counter-notification with our DMCA agent containing:
(a) Your physical or electronic signature;
(b) Identification of the material that was removed and its location before removal;
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification;
(d) Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in Florida and will accept service of process from the person who filed the original DMCA notice.
15.9 Repeat Infringer Policy. We will terminate the accounts of users who are repeat copyright infringers in accordance with the DMCA and other applicable laws.
16.1 Beta Features. We may offer certain features, products, or services on a beta, pilot, limited release, or experimental basis ("Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE" without any warranties, representations, or guarantees of any kind.
16.2 No SLA for Beta Features. Beta Features are not subject to any service level agreements and may be modified, discontinued, or removed at any time without notice. We make no commitments regarding the availability, performance, or future development of Beta Features.
16.3 Feedback on Beta Features. If you provide feedback on Beta Features, you grant us the right to use such feedback without any obligation to you. Beta Features may contain bugs, errors, or defects and should not be used for production or mission-critical purposes.
16.4 Data Loss Risk. Beta Features may result in data loss, corruption, or unexpected behavior. You should not rely on Beta Features for important data or workflows. We are not liable for any losses resulting from your use of Beta Features.
17.1 No Uptime Guarantee. WE DO NOT GUARANTEE ANY SPECIFIC UPTIME, AVAILABILITY, OR PERFORMANCE LEVEL FOR THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY SERVICE LEVEL COMMITMENTS.
17.2 Maintenance and Downtime. We may perform scheduled or emergency maintenance at any time, which may result in service interruptions or downtime. We will attempt to provide advance notice of scheduled maintenance when possible, but are not obligated to do so.
17.3 No Service Credits. We do not offer service credits, refunds, or compensation for service interruptions, downtime, or performance issues, except as expressly required by law.
17.4 Best Efforts. While we strive to maintain high availability and performance, we make no guarantees and are not liable for any losses resulting from service interruptions or degraded performance.
18.1 Voluntary Feedback. You may choose to submit feedback, suggestions, ideas, comments, or other information about the Service ("Feedback") through support channels, surveys, or other means. All Feedback is voluntary and unsolicited.
18.2 Ownership of Feedback. By submitting Feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose without any obligation or compensation to you.
18.3 No Confidentiality. Feedback is not confidential and will not be treated as proprietary information. We may use Feedback for any purpose, including but not limited to developing, improving, or marketing the Service or creating new products or services.
18.4 No Obligation to Implement. We have no obligation to implement, consider, or respond to any Feedback. The decision to implement any Feedback is at our sole discretion.
19.1 Government Use. If you are a U.S. federal, state, or local government entity, the Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202.
19.2 Government Rights. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Service is licensed to U.S. government end users with only those rights as are granted to all other end users pursuant to these Terms.
19.3 Enterprise Agreements. If you are using the Service pursuant to a separate written enterprise agreement with us, the terms of that agreement shall control in the event of any conflict with these Terms.
20.1 Entire Agreement. These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and HypeCut LLC regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
20.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
20.3 Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
20.4 Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Any attempted assignment in violation of this provision is void. We may assign these Terms at any time without notice, including in connection with a merger, acquisition, or sale of assets.
20.5 Force Majeure. We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, labor disputes, internet outages, or failures of third-party service providers.
20.6 Notices. All notices to you under these Terms may be provided by email to the address associated with your account or by posting to the Service. Notices to us must be sent to support@hypecut.tv. Notices are deemed received when sent by email or when posted to the Service.
20.7 Relationship of Parties. You and HypeCut LLC are independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us.
20.8 Third-Party Beneficiaries. These Terms do not confer any third-party beneficiary rights. Only you and HypeCut LLC may enforce these Terms.
20.9 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
20.10 Language. These Terms are drafted in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall control.
If you have any questions about these Terms, please contact us at:
HypeCut LLC
Email: support@hypecut.tv
DMCA Agent: hello@hypecut.tv