Terms of Service

1. Acceptance of Terms

By creating an account or using HypeUp, you agree to these terms. If you do not agree, do not use the service. We may update these terms at any time; continued use after changes constitutes acceptance. For material changes, we will provide 30 days notice via email or in-app notification.

2. Service Description

HypeUp is a SaaS platform that helps professionals track career accomplishments and generate AI-powered resumes. Features include job tracking, accomplishment logging, AI resume generation, and document export. Available features depend on your subscription plan.

3. Accounts

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials. You must be at least 16 years old to use HypeUp. One person or entity per account — sharing account credentials is not permitted.

4. Subscriptions & Billing

Paid plans are billed monthly through Stripe. You can cancel at any time from your account settings. When you cancel, you retain access to paid features through the end of your current billing period. Refunds are handled on a case-by-case basis — contact support within 7 days of a charge.

5. SMS Communications

HypeUp offers optional SMS notifications for accomplishment reminders. By providing your phone number and selecting SMS as a notification channel, you consent to receive recurring automated text messages from HypeUp. Message and data rates may apply. Message frequency varies based on your reminder settings. You can opt out at any time by replying STOP to any message or by changing your notification preferences in your account settings. Reply HELP for help. For support, email support@gethypeup.com. Carriers are not liable for delayed or undelivered messages.

6. Your Content

You retain ownership of all content you provide to HypeUp, including job history, accomplishments, and any text you enter. We do not claim intellectual property rights over your content. By using the service, you grant us a limited license to process your content solely to provide the service (e.g., sending data to AI models to generate resumes).

7. AI-Generated Content

Resumes generated by HypeUp are created using third-party AI models. You are responsible for reviewing and verifying all AI-generated content before using it. HypeUp does not guarantee the accuracy, completeness, or suitability of AI-generated resumes for any particular purpose.

8. Acceptable Use

You agree not to use HypeUp to generate misleading, fraudulent, or deceptive content. Resumes should accurately represent your real experience and qualifications. You may not use the service to harm, harass, or impersonate others, or to violate any applicable laws.

9. Service Availability

We strive for high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or modifications to the service at any time. We are not liable for any downtime or service interruptions.

10. Limitation of Liability

HypeUp is provided "as is" without warranty of any kind. To the maximum extent permitted by law:

• Our total liability to you for any claims arising from or related to this agreement shall not exceed the greater of (a) $100 USD or (b) the total fees you paid us in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or job opportunities.

Exceptions: These limitations do not apply to liability arising from gross negligence, willful misconduct, fraud, or breaches of indemnification obligations.

11. Termination

We may suspend or terminate your account if you violate these terms. You may delete your account at any time. Upon termination, your data will be permanently removed within 30 days, consistent with our privacy policy.

12. Dispute Resolution

Informal Resolution: Before filing any formal claim, you agree to contact us at legal@gethypeup.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If we cannot resolve the dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these terms or your use of HypeUp shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator, in English, and the seat of arbitration shall be Delaware, USA. The arbitrator's decision shall be final and binding.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

Opt-Out: You may opt out of the arbitration agreement by sending written notice to legal@gethypeup.com within 30 days of first accepting these terms. The notice must include your name, account email, and a clear statement that you wish to opt out of arbitration.

13. Indemnification

Your Indemnification: You agree to indemnify, defend, and hold harmless HypeUp and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the service in violation of these terms
• Content you provide that infringes third-party rights or violates laws
• Fraudulent or misleading resumes you create or distribute
• Your violation of any applicable laws or regulations

Our Indemnification: We will indemnify you against claims that the HypeUp service itself infringes a third party's intellectual property rights, provided you give us prompt notice, allow us to control the defense, and cooperate with our defense efforts.

14. Intellectual Property

Our Property: HypeUp, including its software, design, logos, and documentation, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the service.

Your Property: You retain all rights to the content you provide. We do not claim ownership of your career data, accomplishments, or generated resumes.

15. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

16. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, power failures, or internet outages. This does not excuse payment obligations.

17. Severability

If any provision of these terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and HypeUp regarding your use of the service.

Contact

For questions about these terms, contact us at legal@gethypeup.com.