Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you (which shall include users of the Service
(as defined herein) as well as their parents or legal guardians where such users are below the age
of legal majority in their jurisdiction) and East Pointe Ventures, Inc. d/b/a Hype Athlete Network
(“Hype,” “we,” or “us”). The following terms and conditions, together with any documents they
expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use
of the Hype website and Hype mobile application, including any content, functionality, and
services offered on or through the Hype website and Hype mobile application (collectively, the
“Services”).

Please read the Terms of Use carefully before you start to use the Services. By using the
Services, you accept and agree to be bound and abide by these Terms of Use and our
Privacy Policy, found within the Hype mobile application under the “Info and Support”
portion of your profile, incorporated herein by reference. If you do not want to agree to these
Terms of Use or the Privacy Policy, you must not access or use the Services.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO
BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES
MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND HYPE AGREE THAT
DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING
ARBITRATION, AND YOU AND HYPE WAIVE ANY RIGHT TO HAVE YOUR DISPUTE
DECIDED BY A COURT OR JURY OR TO PARTICIPATE IN A CLASS-ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.

The Services are offered and available to users who are 18 years of age or older, or the age of
legal majority in their jurisdiction, or users below the age of legal majority in their jurisdiction
for whom consent to use the Services has been provided by a duly authorized parent or legal
guardian. By using the Services, you represent and warrant that (1) you are of legal age to form a
binding contract with Hype or you are a parent or legal guardian, of legal age to form a binding
contract with Hype, of a user of the Services and duly authorized to provide consent to use such
Services on behalf of such minor user, both such parent or legal guardian and such minor user
agreeing to comply with these Terms of Use, and (2) if you represent a company, you have the
authority to legally bind such company to these Terms of Use. If you do not meet these
requirements, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. While we
will provide notice of material changes in accordance with applicable law, all other changes are
effective immediately when we post them, and apply to all access to and use of the Services
thereafter. However, any changes to the dispute resolution provisions set out in Governing Law
and Arbitration will not apply to any disputes for which the parties have actual notice before the
date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that
you accept and agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.

Online Purchases and Terms of Sale

All purchases through our Services or other transactions for the sale of goods or services formed
through the Services, or resulting from visits made by you, are governed by these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the
Services. All such additional terms and conditions are hereby incorporated by this reference into
these Terms of Use.

Order Acceptance and Cancellation

orders@hypeapp.worldYou agree that your order is an offer to buy, under these Terms of Use, all products and services
listed in your order. All orders must be accepted by us, or we will not be obligated to sell the
products or services to you. We may choose not to accept any orders in our sole discretion. After
having received your order, we will send you a confirmation email with your order number and
details of the items you have ordered. Acceptance of your order and the formation of the contract
of sale between Hype and you will not take place unless and until you have received your order
confirmation email. You have the option to cancel your order at any time before we have sent
your order confirmation email by emailing our Customer Service Department at
.

Prices and Payment Terms

All prices, discounts, and promotions posted on the Services are subject to change without
notice. The price charged for a product or service will be the price in effect at the time the order
is placed and will be set out in your order confirmation email. Price increases will only apply to
orders placed after such changes. Posted prices do not include taxes or charges for shipping and
handling. All such taxes and charges will be added to your merchandise total and will be
itemized in your shopping cart and in your order confirmation email. We strive to display
accurate price information, however, we may, on occasion, make inadvertent typographical
errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to
correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from
such occurrences.

We may offer, from time to time, promotions on the Services that may affect
pricing and that are governed by terms and conditions separate from these Terms of Use.

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If there is a conflict between the terms for a promotion and these Terms of Use, the
promotion terms will govern.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing,
payment must be received by us before our acceptance of an order. You represent and warrant
that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are
duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be
honored by your credit card company, and (iv) you will pay charges incurred by you at the
posted prices, including shipping and handling charges and all applicable taxes, if any, regardless
of the amount quoted on the Services at the time of your order.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page
for specific delivery options. You will pay all shipping and handling charges specified during the
ordering process.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and
delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in
shipments.

Returns and Refunds

orders@hypeapp.world Except for any products designated on the Services as final sale or non-returnable, we
will accept a return of the products for a refund of your purchase price, less the original shipping
and handling costs, provided such return is made within thirty (30) days of delivery with valid
proof of purchase and provided such products are returned in their original condition. To return
products, you must email our Returns Department at to obtain a Return
Merchandise Authorization (“RMA”) number before shipping your product. No returns of any
type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items unless otherwise
specified. You bear the risk of loss during shipment.

Refunds are processed within approximately ten (10) business days of our receipt of your
merchandise. Your refund will be credited back to the same payment method used to make the
original purchase on the Services. WE OFFER NO REFUNDS ON ANY PRODUCTS
DESIGNATED ON THE SERVICES AS NON-RETURNABLE.

Manufacturer's Warranty and Disclaimers

We do not manufacture or control any of the products or services offered on our
Services. The availability of products or services through our Services does not indicate
an affiliation with or endorsement of any product, service, or manufacturer. Accordingly,
we do not provide any warranties with respect to the products or services offered on our
Services. However, the products and services offered on our Services are covered by the
manufacturer’s warranty, as detailed in the product’s description on our Services and as

may be included with the product. To obtain warranty service for defective products,
please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS OFFERED ON THE SERVICES ARE PROVIDED “AS
IS,” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO
THE PRODUCTS OFFERED ON THE SERVICES, INCLUDING, WITHOUT
LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B)
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE,
OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY
CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR
ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO
HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Services for
your own personal or household use only, and not for resale or export. You further represent and
warrant that all purchases are intended for final delivery to locations within the United States.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide
on the Services, in our sole discretion without notice. We will not be liable if for any reason all
or any part of the Services is unavailable at any time or for any period. From time to time, we
may restrict access to some parts of the Services, or the entire Services, to users, including
registered users.

You are responsible for both:

● Making all arrangements necessary for you to have access to the Services.
● Ensuring that all persons who access the Services through your internet connection are
aware of these Terms of Use and comply with them.
To access the Services or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Services that all the
information you provide on the Services is correct, current, and complete. You agree that all

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information you provide to register with the Services or otherwise, including, but not limited to,
through the use of any interactive features on the Services, is governed by our Privacy
Policy found within the Hype mobile application under the “Info and Support” portion of your
profile, and you consent to all actions we take with respect to your information consistent with
our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as
part of our security procedures, you must treat such information as confidential, and you must
not disclose it to any other person or entity. You also acknowledge that your account is personal
to you and agree not to provide any other person with access to the Services or portions of it
using your username, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your username or password or any other
breach of security. You also agree to ensure that you exit from your account at the end of each
session. You should use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other personal
information.

We have the right to disable any username, password, or other identifier, whether chosen by you
or provided by us, at any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by Hype, its licensors, or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on our Services, except as follows:

● Your computer may temporarily store copies of such materials in RAM incidental to
your accessing and viewing those materials.
● You may store files that are automatically cached by your web browser for display
enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the Services
for your own non-commercial use and not for further reproduction, publication, or
distribution.
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● If we provide social media features with certain content, you may take such actions as
are enabled by such features.
You must not:

● Modify copies of any materials from the Services.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies
of materials from the Services.
You must not access or use for any commercial purposes any part of the Services or any services
or materials available through the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access
to any part of the Services in breach of the Terms of Use, your right to use the Services will stop
immediately and you must, at our option, return or destroy any copies of the materials you have
made. No right, title, or interest in or to the Services or any content on the Services is transferred
to you, and all rights not expressly granted are reserved by Hype. Any use of the Services not
expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.

Trademarks

The Hype name, the Hype logo, and all related names, logos, product and service names,
designs, and slogans are trademarks of Hype or its affiliates or licensors. You must not use such
marks without the prior written permission of Hype. All other names, logos, product and service
names, designs, and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Services:

● In any way that violates any applicable federal, state, local, or international law or
regulation (including, without limitation, any laws regarding the export of data or
software to and from the U.S. or other countries).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any
way by exposing them to inappropriate content, asking for personally identifiable
information, or otherwise.

Any User Contribution you post to the Services will be considered non-confidential and non-
proprietary. By providing any User Contribution on the Services, you grant us and our affiliates
and service providers, and each of their and our respective licensees, successors, and assigns the
right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third
parties any such material.

You represent and warrant that:

● You own or control all rights in and to the User Contributions and have the right to
grant the license granted above to us and our affiliates and service providers, and each
of their and our respective licensees, successors, and assigns.
● All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you
submit or contribute, and you, not Hype, have full responsibility for such content, including its
legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User
Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

● Remove or refuse to post any User Contributions for any or no reason in our sole
discretion.
● Take any action with respect to any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User Contribution
violates the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal safety of
users of the Services or the public, or could create liability for Hype.
● Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Services.
● Terminate or suspend your access to all or part of the Services for any or no reason,
including without limitation, any violation of these Terms of Use. We shall not be
liable to you or any third party for any claims for damages arising out of any
termination or suspension or any other actions taken by us in connection therewith. The
provisions of these Terms of Use which call by their nature for performance
subsequent to termination shall survive any termination.
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Without limiting the foregoing, we have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD
HARMLESS HYPE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE
FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.

However, we do not undertake to review material before it is posted on the Services, and cannot
ensure prompt removal of objectionable material after it has been posted. Accordingly, we
assume no liability for any action or inaction regarding transmissions, communications, or
content provided by any user or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services.
User Contributions must in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User Contributions must not:

● Contain any material that is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based
on race, sex, religion, nationality, disability, sexual orientation, or age.
● Infringe any patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these Terms of
Use and our Privacy Policy.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote, or assist any unlawful act.
● Impersonate any person, or misrepresent your identity or affiliation with any person or
organization.
● Involve commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.

Give the impression that they emanate from or are endorsed by us or any other person
or entity, if this is not the case.
Copyright Infringement

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged
copyright infringement that comply with applicable law. If you believe any materials accessible
on or from Services infringe your copyright, you may request removal of those materials (or
access to them) from the Services by submitting written notification to our copyright agent
designated below. In accordance with the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice
(the “DMCA Notice”) must include substantially the following:

● Your physical or electronic signature.
● Identification of the copyrighted work you believe to have been infringed or, if the claim
involves multiple works on the Services, a representative list of such works.
● Identification of the material you believe to be infringing in a sufficiently precise manner
to allow us to locate that material.
● Adequate information by which we can contact you (including your name, postal address,
telephone number, and, if available, email address).
● A statement that you have a good faith belief that use of the copyrighted material is not
authorized by the copyright owner, its agent, or the law.
● A statement that the information in the written notice is accurate.
● A statement, under penalty of perjury, that you are authorized to act on behalf of the
copyright owner.
Our designated copyright agent to receive DMCA Notices is:

East Pointe Ventures, Inc.

Attention: Compliance Department

2108 N Street #4568

Sacramento, California 95816

United States

legal@hypeapp.world

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your
DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the
Services is infringing your copyright, you may be held liable for damages (including costs and
attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

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If you believe that material you posted on the Services was removed or access to it was disabled
by mistake or misidentification, you may file a counter notification with us (a “Counter
Notice”) by submitting written notification to our copyright agent designated above. Pursuant to
the DMCA, the Counter Notice must include substantially the following:

● Your physical or electronic signature.
● An identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or access
disabled.
● Adequate information by which we can contact you (including your name, postal address,
telephone number, and, if available, email address).
● A statement under penalty of perjury by you that you have a good faith belief that the
material identified above was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled.
● A statement that you will consent to the jurisdiction of the Federal District Court for the
judicial district in which your address is located (or if you reside outside the United
States for any judicial district in which the Services may be found) and that you will
accept service from the person (or an agent of that person) who provided the Services
with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA
Notice does not file a court action against you within ten business days of receiving the copy of
your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the
Services was removed or disabled by mistake or misidentification, you may be held liable for
damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users
who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on such materials by you
or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by
other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting
services. All statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by Hype, are solely the
opinions and the responsibility of the person or entity providing those materials. These materials

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do not necessarily reflect the opinion of Hype. We are not responsible, or liable to you or any
third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Services may be out of date at any given time,
and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy, found within the
Hype mobile application under the “Info and Support” portion of your profile. By using the
Services, you consent to all actions taken by us with respect to your information in compliance
with the Privacy Policy.

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way as
to suggest any form of association, approval, or endorsement on our part.

The Services may provide certain social media features that enable you to:

● Link from your own or certain third-party websites to certain content on the Services.
● Send emails or other communications with certain content, or links to certain content,
on the Services.
● Cause limited portions of content on the Services to be displayed or appear to be
displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the
content they are displayed with. Subject to the foregoing, you must not:

● Establish a link from any website that is not owned by you.
● Cause the Services or portions of it to be displayed on, or appear to be displayed by,
any other site, for example, framing, deep linking, or in-line linking.
● Link to any part of the Services other than the homepage

‍

‍

Otherwise take any action with respect to the materials on the Services that is
inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to
stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our
discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents of those sites
or resources, and accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party websites linked to the Services,
you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.

Updates

Hype may from time to time in its sole discretion develop and provide Services updates, which
may include upgrades, bug fixes, patches, other error corrections, and/or new features
(collectively, including related documentation, “Updates”). Updates may also modify or delete
in their entirety certain features and functionality. You agree that Hype has no obligation to
provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your mobile device settings, when your mobile device is connected to the internet
either:

You shall promptly download and install all Updates and acknowledge and agree that the
Services or portions thereof may not properly operate should you fail to do so. You further agree
that all Updates will be deemed part of the Services and be subject to all terms and conditions of
these Terms of Use.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Services will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input and output, and for

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maintaining a means external to our Services for any reconstruction of any lost data. TO THE
FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES,
OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE
LINKED TO THEM. YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK.
THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER HYPE NOR ANY PERSON ASSOCIATED WITH HYPE MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER HYPE NOR ANYONE
ASSOCIATED WITH HYPE REPRESENTS OR WARRANTS THAT THE SERVICES,
THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER
THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, HYPE HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HYPE, ITS
AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, OR ANY
CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND

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SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS
OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR
LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

BY ACCESSING THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE
WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN
OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY
EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF
CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH
PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND
THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Hype, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees, members, contractors,
agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’
fees) arising out of or relating to your violation of these Terms of Use or your use of the
Services, including, but not limited to, your User Contributions, any use of the Services’ content,
services, and products other than as expressly authorized in these Terms of Use, or your use of
any information obtained from the Services.

Geographic Restrictions

We make no representation that the Services, or any content, products, or materials available on
or through on the Services, are appropriate or available for use in locations outside the United
States. Those who choose to access the Services from other locations do so on their own
initiative and at their own risk. If you choose to access the Services from outside the United
States, you are responsible for compliance with local laws in your jurisdiction. Any offer for any
product, service, and/or information made in connection with the Services is void where
prohibited.

Governing Law and Arbitration

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These Terms of Use shall be governed by the laws of the State of California without regard to its
conflict of laws principles. THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS
OR DISPUTES ARISING BETWEEN YOU AND HYPE, WHETHER IN TORT OR IN
CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING
OUT OF THESE TERMS OF USE OR THE SERVICES PROVIDED, WHETHER ARISING
BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS OF USE, MUST BE
RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL
DISPUTES BASED ON ANY PRODUCT, EQUIPMENT, SERVICE OR ADVERTISING
PROVIDED BY HYPE. ADDITIONALLY, THE PARTIES AGREE NOT TO PURSUE
ARBITRATION RELATED TO OR ARISING OUT OF THESE TERMS OF USE ON A
CLASS-WIDE BASIS. THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO
OR ARISING OUT OF THESE TERMS OF USE WILL BE SOLELY BETWEEN YOU AND
HYPE (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER
INDIVIDUAL'S CLAIM). SUCH ARBITRATION SHALL BE CONDUCTED BY THE
AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER
ARBITRATION RULES AND MEDIATION PROCEDURES, INCLUDING WITH REGARD
TO THE SELECTION OF THE ARBITRATORS, AT A LOCATION TO BE AGREED UPON
BY THE PARTIES. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND
HYPE. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND
JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW
IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE
THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO
RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY,
INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS
AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER
APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE
TERMS OF USE, HYPE AND YOU ARE EACH WAIVING THE RIGHT TO LITIGATE IN
COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, OR TO BE A PARTY TO A
CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND THAT ANY CLAIM
MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE,
MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING.

Notwithstanding the foregoing, you and Hype are not required to arbitrate: (1) any dispute in
which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade
names, logos, trade secrets, or patents, or (2) individual claims brought in small claims court so
long as the matter remains in such court and advances only on an individual (non-class, non-
representative) basis.

If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of
the first of the date you access or use the Services by following the procedure described below.

You may opt out of the arbitration and class actions waiver set forth above by sending a written
notice of your decision to opt out in accordance with this section. If you do so, neither you nor

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Hype can force the other to arbitrate. To opt out, you must notify Hype in writing no later than
thirty (30) days after first becoming subject to these Terms of Use. Your notice must include
your name and address, the name and the email address you used to set up your account for the
Services, if applicable, and an unequivocal statement that you want to opt out of this arbitration.
Send your notice to: East Pointe Ventures, Inc., 2108 N Street #4568, Sacramento, California
95816. In the event of a dispute between you and Hype, to invoke your opt-out right, you must
retain a copy of your opt-out notice, as well as proof of mailing of your opt-out notice within the
prescribed period.

If you elect to opt out, each of you and Hype irrevocably (i) consents to the exclusive jurisdiction
and venue of the courts in the State of California in connection with any matter arising out of
these Terms of Use, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to
commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees
to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives
any right to trial by jury in any action in connection with these Terms of Use.

This section may be amended from time to time in accordance with the Changes to the
Terms section of the Terms of Use. If you did not opt out of mandatory arbitration as provided
above, you may reject any change we make to this section by sending us notice within thirty (30)
days after first becoming subject to the amended Terms of Use. Send your notice rejecting
changes to this section to: East Pointe Ventures, Inc., 2108 N Street #4568, Sacramento,
California 95816. In the event of a dispute between you and Hype, to invoke your right to apply
an earlier version of this section, you must retain a copy of your rejection notice, as well as proof
of mailing of your rejection notice during the period of time in which you intend to pursue any
claim. Hype reserves the right to make additional amendments to this section. If you wish to
reject additional changes to this section, you must notify us in accordance with this section for
each change in accordance with the terms hereof.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Terms Applicable to New Jersey Consumers

No provision in these Terms of Use shall apply to any consumer in New Jersey if the provision
limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws,
(iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm
arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The
provisions of these Terms of Use concerning the exclusion or limitation of certain damages are
not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data,
and loss of or damage to property. Hype reserves all rights, defenses, and permissible limitations
under the laws of New Jersey and under the laws of your state of residence

Consent to Do Business Electronically

We use and rely upon electronic records and electronic signatures for the execution and delivery
of this Terms of Use and any other agreements, undertakings, notices, disclosures or other
documents, communications or information of any type sent or received in accordance with these
Terms of Use and in performing our obligations and exercising our rights under these Terms of
Use. Neither you nor Hype will prevent or inhibit in any way the other party from printing,
saving, or otherwise storing electronic records sent or otherwise made available to the other
party. You agree not to contest the authorization for, or validity or enforceability of, electronic
records and electronic signatures, or the admissibility of copies thereof, under any applicable law
relating to whether certain agreements, files, or electronic records are to be in writing or signed
by you to be bound thereby. You will bear your own costs and expenses in conducting business
electronically, and will undertake all steps necessary, including software, hardware, and other
equipment upgrades and purchases, in order to be able to conduct business electronically.

Waiver and Severability

No waiver by Hype of any term or condition set out in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition,
and any failure of Hype to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you
and Hype regarding the Services and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

The Services are operated by East Pointe Ventures, Inc. d/b/a Hype Athlete Network, East Pointe
Ventures, Inc., 2108 N Street #4568, Sacramento, California 95816.

All feedback, comments, requests for technical support, and other communications relating to the
Services should be directed to: legal@hypeapp.world.

Additional Terms Related to Apple

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a. Acknowledgement: You acknowledge that the Terms of Use are concluded between you and
Hype only, and not with Apple, and Hype, not Apple, is solely responsible for the Services and
the content thereof.

b. Scope of License: The license granted to you for the Services is limited to a non-transferable
license to use the Services on any Apple-branded Products that you own or control and as
permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions,
except that such Application may be accessed and used by other accounts associated with the
purchaser via Family Sharing or volume purchasing.

c. Maintenance and Support: Hype is solely responsible for providing any maintenance and
support services with respect to the Services, as specified in the Terms of Use, or as required
under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the Services.

d. Warranty: Hype is solely responsible for any product warranties, whether express or implied
by law, to the extent not effectively disclaimed. In the event of any failure of the Services to
conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase
price for the Services to you. To the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the Services, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Hype’s sole responsibility.

e. Product Claims: You acknowledge that Hype, not Apple, is responsible for addressing any
claims from you or any third party relating to the Services or your possession and/or use of the
Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services
fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection, privacy, or similar legislation, including in connection with the Services’
use of the HealthKit and HomeKit frameworks.

f. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim
that the Services or your possession and use of the Services infringe that third party's intellectual
property rights, Hype, not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim.

g. Legal Compliance: You represent and warrant that (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a
"terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.

h. Third-Party Terms of Agreement: You must comply with applicable third-party terms of
agreement when using the Services.

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i. Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries,
are third-party beneficiaries of the Terms of Use, and that, upon your acceptance of the Terms of
Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the
Terms of Use against you as a third-party beneficiary thereof.

Additional Terms Related to Google

By downloading the Services from Google Play (or its successors) operated by Google, Inc. or
one of its affiliates ("Google"), you specifically acknowledge and agree that:

a. To the extent of any conflict between (a) the Google Play Terms of Services and the Google
Play Business and Program Policies or such other terms which Google designates as default end
user license terms for Google Play (all of which together are referred to as the ("Google Play
Terms"), and (b) the other terms and conditions in these Terms of Use, the Google Play Terms
shall apply with respect to your use of the Servies that you download from Google Play.

b. Google does not have any responsibility or liability related to compliance or non-compliance
by Hype or you (or any other user) under these Terms of Use or the Google Play Terms.

c. You must contact Hype concerning any defects or performance issues in the Services. Hype is
solely responsible for providing, and Google has no obligation to provide, maintenance and
support for the Services. Support requests, as well as questions, complaints, or claims regarding
the Services, may be directed to: legal@hypeapp.world.

d. The Terms of Use are solely between you and Hype only, and not with Google. Google is only
a provider of the Google Play Store where you acquired the Services ("Google-Sourced
Software"). Hype, and not Google, is solely responsible for its Google-Sourced Software. Your
use of Google-Sourced Software must comply with Google's then-current Google Play Store
Terms of Service.

e. Google has no obligation or liability to you with respect to Google-Sourced Software or the
Terms of Use.

f. Google is a third-party beneficiary to the Terms of Use as they relate to Hype’s Google-
Sourced Software.

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