Terms of Service

1. ACCEPTANCE OF THE TERMS OF SERVICE

1.1 Hyred, Hyred media VOF (hereinafter referred to as Hyred, we, us, or our) owns and operates certain websites, including https://hyred.com and the platform: https://hyred.app (collectively, the “Hyred Platform”) and provides marketing and promotional services (the “Hyred Services”). Use of the Hyred Services and the Hyred Platform is subject to the most recent version of the general terms and conditions included in this Terms and Conditions Agreement, as amended from time to time (the “Agreement”). Please read this Agreement carefully. By accessing, creating an account, browsing, or otherwise using the Hyred Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you must not access, browse, or use the Hyred Services.

1.2 This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, supersedes all prior versions of the Agreement except for existing separate agreements entered into in writing between the parties with respect to such subject matter, and may be modified at any time without prior notice. Notwithstanding the foregoing, only the latest version of the Agreement applies to all Content, including Content pieces created in the past. Any changes to this Agreement will be posted on this page and will indicate the date of the last revision. You may review a current, effective copy of this Agreement at any time by visiting https://hyred.com/terms-and-conditions. Such changes to the Agreement shall become effective immediately upon their publication on this page. Continued browsing of Hyred websites and/or use of Hyred Services will be deemed your acceptance of any changes to the Agreement. Notwithstanding the foregoing, in the event of any conflict between this Agreement and any other terms and conditions, end-user license agreements, or privacy policies, the provisions of this Agreement shall prevail.

1.3 Additional Terms.
Furthermore, when using Hyred, you are subject to any additional terms that may apply to our services and which may be posted on the Hyred websites and/or services from time to time, including, but not limited to, the Hyred Privacy Policy found at https://hyred.com/privacy-policy/ (the “Privacy Policy”), and additional terms and conditions applicable to Brands and Creators. All such terms and conditions are hereby incorporated into this Agreement by reference.

1.4 Arbitration
Please read this agreement carefully, as it contains an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. Section 9 of this agreement contains an arbitration agreement which, with limited exceptions, will require you to submit your claims against us to binding and final arbitration.

Under the arbitration agreement:

(a) You will only be permitted to pursue claims against Hyred on an individual basis, not as a plaintiff or class participant in any class action or proceeding;

(b) You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and

(c) You may not be able to have any claims you have against us resolved in a court of law.

2. INTRODUCTION

2.1 The purpose of the Hyred Platform is to connect companies or buyers (“Brands”) with the social media user community (“Creators”) and to facilitate social media marketing, user-generated content, and other tasks: creating and managing relationships, organizing product/service giveaways, and enabling the purchase and distribution of user-generated content on social media; subject to compliance with these Terms. In these Terms, Brands and Creators are collectively and individually referred to as “users” or “you,” as the context requires. Whenever a Brand acts on behalf of its clients (e.g., a Brand is an agency representing multiple clients for whom the Content is created), the Creator and Hyred confirm that nothing in the Agreement restricts the Brand from sharing the Content with the Brand's clients.

2.2 Your access to and use of the Hyred Platform is contingent upon your consent to and acceptance of these Terms. Continued use of the Hyred Platform is deemed acceptance of these Terms. If you do not wish to be bound by these Terms, do not use the Hyred Platform.

2.3 Hyred may revise these Terms at any time by updating this page. Revisions will take effect immediately and may affect your ability to use the Hyred Platform. As you are bound by these Terms each time you use the Hyred Platform, you should check these Terms for revisions each time you use it and where prompted to do so. Your use of the Hyred Platform following the posting of any revisions to these Terms constitutes your acceptance of those revisions.

2.4 Hyred reserves the right to modify the Hyred Platform in any manner it sees fit. Even if you have an Account, your ability to access and use the Hyred Platform may be terminated at any time without notice to you.

2.5 Any costs associated with the use of the Hyred Platform remain your responsibility and depend on the service provider used.

3. USE OF THE HYRED PLATFORM

3.1 The Hyred Platform allows Brands to connect with the social media user community and/or purchase user-generated content for the purpose of:

3.1.1 Acquiring video and audio files from Creators specifically made for the Brand (“Content”), in accordance with a request submitted by the Brand on the Hyred Platform.

3.2 “Intellectual Property Rights” means all current or future intellectual property rights of any kind anywhere in the world for their full duration, including but not limited to rights related to or associated with copyright, neighboring rights, moral rights, trademarks, service marks, trade names, domain names, rights of publicity, image rights, patents, design rights, and similar rights, whether registered or registrable, including the right to apply for such rights anywhere in the world. The Brand acquires all rights, title, and interest in all Intellectual Property Rights of the Content created by the Creator and uploaded to the Hyred Platform pertaining to the Brand's product. Subject to the license granted by the Brand to Hyred in paragraph 5.5.2.2, such Content created by the Creator and uploaded to the Hyred Platform may also be used by Hyred for Hyred’s social media, advertisements, and other purposes, both within and outside the Hyred Platform.

3.3 The relevant Brand is solely responsible for:

3.3.1 Providing an accurate, actionable, and comprehensive description of the requirements for the Content (“Task Brief”) to the Creator;

3.3.2 Facilitating free product giveaways or service trial subscriptions. If the Brand wishes to receive the product back, written approval must be obtained from us. In such a case, the Brand shall be responsible for arranging and funding the return shipment of the product, including all associated costs such as transport and handling. The Hyred Platform cannot be held responsible for any costs arising from sending or retrieving products;

3.3.3 Timely approval of task participants and Content created for the Brand;

3.3.4 Timely payment for Content uploaded to the Hyred Platform.

3.4 The Hyred Platform allows Creators to participate in social media marketing and/or user-generated tasks by:

3.4.1 Offering customized social media marketing and/or user-generated content tasks with accurate and comprehensive requirements;

3.4.2 Creating Content for Brands in accordance with the Task Brief and/or other requirements provided in advance.

3.5 The Creator is solely responsible for:

3.5.1 Providing accurate and up-to-date personal, contact, and social media account information. This includes PayPal or bank account information so that Hyred can transfer the earned commission to the Creator;

3.5.2 Ensuring compliance with the Task Brief and/or other requirements provided in advance. Hyred reserves the right to reject the work of Creators until requirements are met;

3.5.3 Timely delivery in accordance with the Task Brief and/or other requirements provided in advance;

3.5.4 Including required information mandated by Hyred, the Brand, or legislation when publishing on social media channels if agreed upon by the Brand, including but not limited to advertising disclaimers.

3.6 Creators and Brands agree that they will not attempt to negotiate terms or payment for the social media marketing task or User Generated Content (UGC) outside the platform.

3.7 You may not:

Decompile, reverse-engineer, disassemble, convert, or authorize a third party to decompile, reverse-engineer, disassemble, or otherwise convert any element of the Hyred Platform into a human-perceivable form;

Distribute or republish any element of the Hyred Platform in any way;

Resell, rent, lease, or lend any element of the Hyred Platform;

Defeat, disable, or circumvent any security feature of the Hyred Platform;

Transfer any element of the Hyred Platform to a third party.

3.8 To use the Hyred Platform, users must be eligible to use social media platforms (under the prevailing terms and conditions of the relevant platforms). By using social media applications or features on the Hyred Platform, the Creator also consents and agrees to the specific terms of use of the social media Platform.

3.9 The Creator is solely responsible for their interactions with other users of the Hyred Platform. The Creator agrees that Hyred and the Brand are not responsible for the conduct of any user.

3.10 You may not use crawling, scraping, caching, or any other automated means to access any content on the Hyred Platform, except with written permission from Hyred.

3.11 Nothing in the Terms is intended to create any form of legal relationship between Hyred and the users, such as a partnership, agency, employment relationship, or fiduciary relationship.

3.12 Subject to compliance with these Terms by the Brand and Creator, the Brand and Creator are granted a limited, revocable, non-exclusive, and non-transferable license to access and use the Hyred Platform in the manner expected in these Terms. Any costs associated with accessing and using the Hyred Platform generally remain the responsibility of the Brand and Creator and depend on the service provider used. The Brand and Creator are responsible for ensuring that the respective computer system or mobile device they use to access the Hyred Platform is compatible with the Hyred Platform and meets all relevant technical specifications necessary to use the Hyred Platform.

3.13 The Hyred Platform may contain links to other sites not maintained by Hyred (“Linked Sites”). Hyred is not responsible for the content of any Linked Site, regardless of whether Hyred is affiliated with the Linked Site. Hyred in no way recommends any Linked Site and is not responsible for the quality or delivery of products or services offered, obtained, or advertised by such Linked Sites. To the extent these Linked Sites collect personal information or contributions from the Creator, Hyred bears no responsibility or liability for how such information or postings are used or exploited. The Linked Sites are solely for the convenience of the Creator, and the Creator agrees to use them at their own risk.

3.14 You acknowledge and agree that the Hyred Platform may access information you may have shared with the relevant social media platform and may contact you via the social media platform or via the information you shared (e.g., by sending an email directly to you or to the email address provided to the social media platform), in accordance with the permissions you granted via the social media platform. You are encouraged to review the Terms of each social media platform before engaging or interacting with the social media links, applications, or features on the Hyred Platform. The Hyred Platform is in no way sponsored, endorsed, administered by, or associated with any social media platform.

3.15 The Brand grants Hyred the unconditional and non-exclusive right to use the Brand's name, logo, and other trademarks or service marks in all forms of marketing, promotional material, and public relations activities indicating that the Client is working or has worked with Hyred. This includes, but is not limited to, use in online media, social media, advertisements, press releases, and promotional materials. The Brand confirms that Hyred may use such information in a way that reasonably contributes to the positive promotion of both parties without harming the brand's reputation. The Brand reserves the right to request in writing the adjustment or removal of such use if reasonably necessary.

3.16 Brands are not permitted to contact creators outside the framework of the Hyred platform to place the same or future orders. This also applies to initiatives by creators to be contacted by brands outside the platform. In the event of a violation of this rule, the user account of the respective brand will be blocked, while the right to file a claim for damages is reserved. Such a prohibition also applies to creators who have come into contact with brands via Hyred. In that case, the Creator is not permitted to contact the brand directly for the same or future assignments outside the platform. If the Creator does not comply with these regulations, this may result in the blocking of their user account and the filing of a claim for damages by Hyred.

4. REGISTERING AN ACCOUNT

4.1 To use the Hyred Platform, users must register an account via the Hyred Platform as required and set forth in these Terms.

4.2 Hyred reserves the right to refuse or cancel the registration of an Account for any reason at its sole discretion.

4.3 All information provided when registering an Account must be current, correct, and complete. Incomplete, unsuitable, or unintelligible Account registrations will not be accepted. You must be logged into your Account in the required manner whenever you wish to use the Hyred Platform. You may never use someone else's account without Hyred's permission.

4.4 You are responsible for keeping your account details strictly confidential and for all activities under your account. You agree to notify Hyred immediately of any unauthorized use of your account or any other breach of security. It is your own responsibility to manage access to and use of your account and to notify Hyred when you wish to cancel your account. Hyred is not responsible or liable for any loss or damage resulting from your failure to comply with this provision.

4.5 Hyred reserves the right and absolute discretion to terminate your account and/or access to the Hyred Platform (or any element thereof) if it believes you are misusing or manipulating the Hyred Platform (or any element thereof) in any way, that you have breached these Terms, or that you have engaged in any unlawful, unethical, unsportsmanlike, or other misconduct intended to compromise the proper administration of the Hyred Platform (or any element thereof).

4.6 The use of automated software or any other mechanical or electronic means by which a user can create accounts is prohibited. Hyred reserves the right to suspend or terminate your account if it believes you are engaging in such activities.

4.7 Users understand that when creating an account, they are providing their information to Hyred and not to any social media platforms. Users of the Hyred Platform (both Creators and Brands) are solely responsible and liable for any Content or information they respectively transmit to other users of the Hyred Platform. To the extent permitted by law, every user of the Hyred Platform agrees to indemnify, defend, and forever hold harmless Hyred and all social media platforms and their associated agencies and companies from losses, actions, claims, costs, expenses, and damages (of any kind) that may be incurred by the user in connection with their use of the Hyred Platform. Questions, comments, or complaints regarding the Hyred Platform must be directed to Hyred and not to any media or social media platforms.

5. TERMS APPLICABLE TO CREATORS

5.1 Eligibility of Creators

5.1.1 To register a Creator Account on the Hyred Platform, the person must be 18 years or older.

5.1.2 To participate in tasks and earn compensation via Hyred, Creators must meet the following minimum standards:

5.1.2.1 Their social media channels (including, but not limited to, Instagram and Facebook) must not contain inappropriate, unethical, or disrespectful Content, or Content that violates these Terms or the terms of the relevant social media platform.

5.2 Additional Terms for Creator Accounts

5.2.1 If a Creator does not meet the minimum standard, the Creator may not be able to participate in tasks or have access to the full functionality of the Hyred Platform.

5.3 Compensation for Creators

5.3.1 Creators are compensated for the Content they create after the Content is uploaded to the Hyred Platform and accepted by the Brand.

5.3.2 The Creator agrees that by uploading the content to the Hyred Platform, the Creator transfers all rights, title, and interest in all Intellectual Property Rights in the content to the Brand and may not post such content on their own social media channels unless permitted by the Brand.

5.4 Terms for Participation in a Task

5.4.1 The content must comply with the requirements stated in these Terms and the requirements set by the Brand and Hyred at the time of submitting the content for approval. The Brand or Hyred may reject content that does not meet these conditions until all requirements are met.

5.4.2 The creator undertakes to complete and deliver the task in accordance with the instructions, specifications, and deadlines provided by the client. The creator acknowledges that receiving the necessary product or material without completing and delivering the task is a violation of these general terms and conditions.

5.4.3 Creator guarantees that the content created for each task includes the following:

5.4.3.1 Creator is of legal age to create, own, and manage social media accounts.

5.4.3.2 Creator owns the Intellectual Property Rights of the Content and is not restricted from performing their obligations to transfer the Intellectual Property Rights of the Content to the Brand as set forth in these Terms.

5.4.3.3 The Content does not infringe upon the privacy rights, contract rights, or other rights (including Intellectual Property Rights) of any person, company, or entity.

5.4.3.4 The Content contains no misleading information or suggests that the Creator or a third party has approval or sponsorship from another party that the Creator or that third party does not have.

5.4.3.5 All statements in the content regarding the Creator’s use and experience with the Brand, or the Brand's products or services, are true and correct and represent the Creator’s opinion, regardless of whether the Creator is paid for this Content, and fairly reflect the Creator’s user experience. Creator will notify Hyred immediately if their opinion of the Brand changes from what the Creator has expressed to date.

5.4.3.6 The relevant Content contains no statements or material that the Creator knows or suspects (or reasonably should have known or suspected) to be false, misleading, or deceptive.

5.4.3.7 The relevant Content is original and contains no materials previously broadcast, streamed, published, posted on a social media channel, or otherwise made public by the Creator, and contains no materials used in previous marketing materials or promotions for a third party or that otherwise violate the rights of a third party.

5.4.3.8 Creator has not entered into any other agreement, arrangement, or understanding with a guild, union, industrial organization, or other third party that hampers or limits compliance with these Terms, restricts the performance of Creator’s obligations, limits the rights and benefits set forth herein, or leads to a conflict of interest.

5.4.3.9 The use of the Content and the exercise of Intellectual Property Rights on the Content by the Brand and Hyred will not infringe any Intellectual Property Rights or other legal rights of any person or entity, nor lead to any liability or obligation to pay compensation to any person or entity.

5.4.4 Penalties for Non-compliance:

5.4.4.1 In the event that the Creator, following receipt of the necessary products, materials, information, or files, fails to complete and deliver the assigned task within a period of fourteen (14) days-subject to a contrary, explicitly agreed and recorded deadline as prescribed by the client-and/or becomes unreachable via the contact methods specified on hyred.app, the Creator may be subject to a fine. This fine will be at least equal to the value of the uncompleted video assignment, increased by shipping costs and the costs of the sent products, plus compensation for the time and efforts invested by Hyred, with a minimum total amount of fifty euros (€50).

5.4.4.2 This fine is not intended as a penalty but as a reasonable estimate of the damages the brand and/or Hyred may suffer as a result of such conduct by the Creator.

5.4.4.3 If the fine is not paid within 30 days of notification, Hyred reserves the right to take legal action, including but not limited to engaging a bailiff or starting a lawsuit.

5.5 Rights to the Content

5.5.1 All right, title, and interest in all Intellectual Property Rights in the created Content is transferred to the Brand.

5.5.2 In consideration of payment for the Content, the Creator agrees to grant the following in connection with each piece of Content:

5.5.2.1 The right to edit and reformat the Content into such formats or versions for use by the Brand;

5.5.2.2 A transfer to the Brand of all rights, titles, and interests in all intellectual property rights to the Content created by the Creator that is uploaded to the Hyred Platform and pertains to the Brand's product, without further notice or permission from the Creator or further compensation due to the Creator. The Brand grants Hyred a royalty-free, perpetual, worldwide, irrevocable, non-exclusive, transferable license to use, edit, and reformat the Content for the sole purpose of marketing and promotion of the Brand and/or Hyred (and the Hyred products and services to which this Agreement relates), without further notice or permission from the Creator or further compensation due to the Creator. The Brand reserves the right to request adjustments or removal of such use by Hyred in writing if reasonably deemed necessary.

5.5.2.3 The right for the Brand to use the identity of the Creator, the copyrighted work, and the performances of the Creator in the Content and to communicate the Content to the public in all languages, in all media, including but not limited to:

In all online paid media (including but not limited to digital banners);

In all online owned media (including but not limited to the Hyred website and Hyred internal communications);

In all social media (including but not limited to the Brand's social media channels);

In any other media (including internet websites, television, and radio) and in any earned media or public relations activity published by a third party (including but not limited to public or private events and print, digital, and/or social media).

5.5.2.4 The right to use, share, comment on, and repost the relevant content in all media, including social, online, digital, or other communication channels on which the content was published.

5.5.3 The Creator acknowledges and agrees that the Brand is not obligated to remove any content or part thereof from any of its social, online, digital, or other communication channels, or any comment, share, or repost of the content.

5.5.4 The Creator acknowledges and agrees that after uploading the Content to the Hyred Platform, the content and all Intellectual Property Rights resting on the content-including but not limited to all individual clips, images, sounds, texts, and other components forming part of the Content-irrevocably and immediately become the property of the Brand. This transfer is absolute, worldwide, perpetual, and for all purposes including, without limitation, the re-transfer of the Content to another person or entity, licensing the Content to another person or entity, making any modifications, improvements, adjustments, or versions of the Content, creating derivative works, and includes every release of the post in any medium. Creator agrees that, at Hyred's request, they will sign all documents and provide all information necessary to perfect the Brand's title in all Intellectual Property Rights in the content.

5.5.5 Creator acknowledges and agrees that the Content may under no circumstances be posted on Creator’s channels or published in any other way, including reposting or responding to the Content after it has been posted or shared by Hyred or a Brand. In addition to the Creator's obligation specified in Article 5.4.2.8 of the Agreement, the Creator irrevocably undertakes, without prior written permission from the Brand, not to use, transmit, share, distribute, or otherwise disclose the Content or any part thereof after uploading the Content to the Hyred Platform.

5.5.6 By uploading Content to the Hyred Platform, the Creator grants to the Brand and Hyred and their respective legal successors, licensees, and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all moral rights in the Content and gives permission to the Brand and Hyred and their respective legal successors, licensees, and assigns to use, trade, reproduce, publish, transmit, adapt, edit, modify, or move the Content, either in its entirety or in part and either alone or in combination with other materials, including in cases where such acts infringe any moral rights existing in the Content.

5.6 Restrictions for Creators

5.6.1 The Creator agrees not to:

5.6.1.1 Create a parody of, detract from, provide a negative comment on, or make jokes about the Brand or its products or services in any way;

5.6.1.2 Create any contextual or surrounding posts or other material on a channel that detracts from, impacts, or disparages the Content or the Brand or its products or services.

5.6.2 The Creator acknowledges that the restrictions in the above clause are reasonable in scope and duration, taking into account the interests of the Brand and Hyred, and that these Terms do not go beyond what is reasonably necessary to protect the interests of the Brand and Hyred.

6. ADDITIONAL TERMS FOR BRANDS

6.1 Further Terms for Brand Accounts

6.1.1 To register a brand account, the brand must access the Hyred Platform and register in the prescribed manner, including providing the brand's full name, email address, and phone number. No costs are charged to create a brand account.

6.2 Payment Terms for Brands

6.2.1 You agree to pay Hyred all costs and fees associated with your Brand Account for all created and approved Tasks, in accordance with these Terms.

6.2.2 You must pay all costs in the manner agreed upon when creating the task. If no payment method is specified, payment must be made by credit card via a provider authorized by Hyred. Hyred reserves the right to charge a credit card surcharge.

6.2.3 Brands may be required to make an additional advance payment for the task if:

6.2.3.1 Creators are asked to purchase products/services from Brands before creating Content for the task;

6.2.3.2 Hyred, at its sole discretion, identifies a threat to the interests of the Creator.

6.3 Payment of all invoices must be made in accordance with these Terms.

6.4 When you create a task for your Brand, you represent that you are an authorized user of the card or account mentioned on your Brand Account (if applicable) and that you will pay the applicable costs, that the provided card details are current, correct, and complete, and that your designated card or account (if applicable) will cover the full amount of the costs. You may not pay or attempt to pay costs through fraudulent or unlawful means. Upon receipt of your task, we may perform a standard pre-authorization check of your designated card or account (if applicable) to verify the provided details and ensure there are sufficient funds to fulfill the task budget. The relevant task cannot be started until this pre-authorization check is completed.

6.5 If you fail to pay any costs or if we are unable to process your payment of any costs within the required period (if applicable), we reserve the right to charge a late payment fee, calculated at a rate of ten percent (10%) per annum but not less than €10.00 per month. This amount represents an authentic and reasonable estimate of such costs and expenses associated with the administration and processing of late payments. We also reserve the right to withdraw credit facilities (if applicable) at any time or remove your access to the Hyred Platform. Without limiting our rights, we reserve the right, in the event you do not pay any costs within the stated period and in the prescribed manner, to suspend or terminate your access to the Hyred Platform or suspend or terminate current tasks.

6.6 Terms for Tasks

6.6.1 Hyred reserves the right, at its sole discretion, to reject tasks that do not comply with these Terms or applicable law.

6.6.2 When creating the task, you agree to the calculated price per Content piece and confirm the task budget.

6.6.3 You may not attempt to instruct, coerce, or manipulate the Creator to hide the commercial relationship between the Brand (advertiser) and the Creator. Such attempts may result in the immediate removal of the Brand from the Hyred Platform.

6.6.4 You acknowledge and agree that your right to use Content is strictly limited in accordance with these Terms.

6.6.5 You guarantee that:

6.6.5.1 You own the intellectual property rights to the Content you upload to the Hyred Platform and have the right to license the Content to Hyred and the Creators in the manner set forth in these Terms; or

6.6.5.2 You have the right to license the Content to Hyred and the Creators in the manner set forth in these Terms; and

6.6.5.3 You will not encourage or facilitate any misleading or suggestive statements or representations that the Brand or any other entity has approval or sponsorship from another entity where the Brand or entity has no such approval or sponsorship;

6.6.5.4 All Content you upload to the Hyred Platform contains no statements or materials that you know or suspect (or reasonably should have known or suspected) to be false, misleading, or deceptive.

6.6.6 Brand acknowledges that Creators are independent third parties and are not directly controlled by Hyred. As a result, any Content inherently carries a risk of negative or unfavorable comments about the content, products, or services of the Brand.

6.6.7 You acknowledge that Hyred has given no guarantees regarding the success of a task with respect to your business or commercial performance or otherwise of any Content, task, channel, or other medium, marketing communication channel, marketing or advertising task, promotion, or advertisement.

7. HYRED INTELLECTUAL PROPERTY

7.1 All Hyred materials on the Hyred Platform are protected by all applicable laws, including copyright and trademark laws, unless otherwise specifically stated, and may not be used except as permitted in these Terms. Nothing in these Terms shall be construed as a transfer, assignment, or grant of any ownership rights in any Intellectual Property Rights in the Hyred materials to a Brand or Creator.

7.2 All rights, title, and interests in all Intellectual Property Rights in all Hyred brands, logos, images, buttons, codes, layout, text, content, and products and services as displayed on the Hyred Platform (“the Brand Features”) are the property of Hyred and shall at all times remain or become the property of Hyred. Your use of the Hyred Platform shall under no circumstances be construed as a transfer, assignment, or grant of any ownership rights in any of the Brand Features or the Hyred Platform. Hyred grants you, on a case-by-case basis and to the extent necessary, a limited, non-exclusive license to use the Brand Features solely for the purpose and to the extent necessary to enable you to use the Hyred Platform.

8. REPRESENTATIONS AND WARRANTIES OF CREATOR & BRAND

8.1 Creators and Brands participating in the Hyred Platform warrant, represent, and guarantee that:

8.1.1 All information you provide to Hyred when registering an Account is true, accurate, complete, and not misleading;

8.1.2 Any third-party social media accounts to which you link the Content:

8.1.2.1 Are your own Accounts;

8.1.2.2 If the Account refers to a Brand, you are the authorized representative of the Brand with the right to access its social media accounts and represent its interests; and

8.1.2.3 If the Account refers to an individual other than yourself, you are the authorized representative of that person with the right to access his or her social media accounts and manage his or her interests;

8.1.3 You have the right and authority to create an Account and agree to these Terms, including, where applicable, the authority of a Brand or individual to create an Account, agree to these Terms, and use the Hyred Platform on their behalf;

8.1.4 You are authorized to submit Content, where applicable, upon invitation via the Hyred Platform;

8.1.5 Every piece of Content you submit to the Hyred Platform will not contain anything that:

8.1.5.1 Is illegal or violates any laws, applicable industry codes, or requirements or guidelines of relevant regulators;

8.1.5.2 Is wholly or partially copied or adapted from any other work or material;

8.1.5.3 Is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive, or contains, depicts, or alludes to or promotes aggressive, uncontrolled, anti-social, obscene, or illegal behavior or sexually suggestive images;

8.1.5.4 Parodies, provides disparaging commentary on, or mocks Hyred or its products or services, or otherwise brings Hyred into disrepute;

8.1.5.5 Solicits passwords or personal information for commercial or unlawful purposes or provides phone numbers, street addresses, last names, URLs, or email addresses (unless as part of a task);

8.1.5.6 Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing illegally obtained computer programs or links thereto, providing information to circumvent manufacturer-installed copy protection devices, or providing illegally obtained materials;

8.1.5.7 Involves the transmission of junk mail, chain letters, unsolicited mass mailing, or spam; or

8.1.5.8 Infringes upon the privacy rights, contract rights, or other rights (including intellectual property rights) of any person, business, or entity.

9. ACKNOWLEDGMENTS

9.1 Brand and Creator acknowledge that:

9.1.1 Brand may arrange for Creator to be sent a sample product or choose to reimburse the costs for purchasing the product or service. In both cases, the trial of the product or service is free for the Creator.

9.1.2 Hyred is in no way responsible or liable for the late delivery or non-arrival of products sent by a Brand to a Creator.

9.1.4 Ownership rights to the intellectual property rights of the created Content are transferred to the Brand.

9.1.5 Nothing in these Terms grants the Creator any ownership rights to the intellectual property rights of the Brand.

9.1.6 Nothing in these Terms requires the Brand to use any of the rights granted to the Brand by the Creator under this agreement.

9.2 Creator agrees to indemnify, defend, and hold harmless Hyred and its related entities, personnel, servants, and agents from and against any loss, damage, and costs, including reasonable attorneys' fees, arising from any claim, demand, action, suit, or proceeding brought by a third party relating to:

9.2.1 Access to the Hyred Platform in violation of this Agreement;

9.2.2 Breach by Creator of these Terms or of any of the warranties or covenants given or made by Creator;

9.2.3 Your content, if this content does not comply with the terms of a Task Description or other instructions provided by the Brand;

9.2.4 Your violation of any applicable laws, rules, or regulations; and

9.2.5 Any misleading information provided by you.

9.3 Brand agrees to indemnify, defend, and hold harmless Hyred, its subsidiaries, and respective directors, officers, employees, successors, agents, and assigns from and against any loss, damage, and costs, including reasonable attorneys' fees, arising from any claim, demand, action, lawsuit, or proceeding brought by a third party relating to:

9.3.1 Access to the Hyred Platform in violation of this Agreement;

9.3.2 Breach by Brand of these Terms of Use or any of the warranties or covenants given or made by the Brand;

9.3.3 Any claim or allegation that your Content infringes the rights of a third party, including intellectual property rights;

9.3.4 Your violation of applicable laws, rules, or regulations.

9.4 Hyred represents, warrants, and covenants that:

(a) Hyred is the owner or otherwise has sufficient rights to the Hyred Platform to ensure lawful access and use of the Hyred Platform by you in accordance with the terms of this Agreement;

(b) The Hyred Platform, or the use of the Hyred Platform, does not and will not infringe upon the patents, copyrights, contract rights, or other intellectual property rights of a third party.

9.5 Hyred agrees to indemnify, defend, and hold harmless Brand, its affiliates, and its respective directors, officers, employees, successors, agents, and assigns from and against any loss, damage, and costs, including reasonable attorneys' fees, arising from any claim, demand, action, lawsuit, or proceeding brought by a third party relating to:

(a) Hyred's breach of any representation, warranty, covenant, or obligation under this Agreement;

(b) Infringement of a patent, copyright, trade secret, trademark, or other intellectual property right resulting from the use of the Hyred Platform by the Brand in accordance with the terms of this Agreement; and

(c) Hyred's violation of any applicable laws, rules, or regulations.

9.6 The Party seeking indemnification under items 9.2-9.5 of this Agreement (“Indemnified Party”) shall make reasonable efforts to promptly notify the other Party (“Indemnifying Party”) in writing of any claim for which the Indemnified Party seeks indemnification. The Indemnified Party shall cooperate reasonably in the defense of such a claim, at the expense of the Indemnifying Party. The Indemnifying Party may not settle any claim against the Indemnified Party without the prior express written consent of the Indemnified Party, which shall not be unreasonably withheld, conditioned, or delayed. The Indemnified Party may participate in the defense of a claim through counsel of its own choosing at its own expense; however, if the Indemnified Party reasonably determines that the Indemnifying Party is unwilling or unable to defend the interests of the Indemnified Party, the Indemnified Party may assume the defense against any claim at the expense of the Indemnifying Party. The indemnification obligations of the Parties shall survive termination of the Agreement.

9.7 Unless otherwise agreed in writing between the parties, the Brand acknowledges and agrees that Hyred has the right to publicly mention—including but not limited to on its website, marketing materials, and other public communications—that the Brand has had a business relationship or collaboration with Hyred. This disclosure may include the Brand's name, website, logo, and the general nature of the collaboration, but will not reveal confidential information of the Brand without the Brand's express written consent.

10. LIMITATION OF LIABILITY

10.1 When using the Hyred Platform, you may be exposed to harmful, obscene, misleading, or incorrect Content. In no event shall Hyred be liable for any Content, including but not limited to any errors or omissions in such Content or any form of loss or damage resulting from the use of Content posted, transmitted, or otherwise made available via the Hyred Platform.

10.2 Except in connection with a party's indemnification or confidentiality obligations, the liability of a party in connection with these Terms, regardless of the form or cause of the action, shall be limited to the amount actually paid by the Brand to Hyred for the services related to the Brand's most recent task or €20,000, whichever is lower. Hyred is not liable to the Creator for damages of any kind arising from the Creator's use of the Hyred Platform. Without prejudice to the foregoing and except in connection with a party's indemnification or confidentiality obligations, in no event shall either party be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Hyred Platform, these Terms, or any Content or task. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence, or any other basis, even if Hyred or another party has been informed of the possibility of such damages.

11. MONITORING/CONFIDENTIALITY

11.1 Hyred reserves the right to monitor the Hyred Platform generally and all Account activity. If your Account shows signs of fraud, abuse, or suspicious activity, Hyred may immediately close or freeze the Account. Hyred reserves the right to suspend or terminate your Account and/or deny access to the Hyred Platform generally without notice if Hyred believes you have abused any privilege granted to you as a participant in the Hyred Platform, provided misleading information or misled Hyred in connection with the Hyred Platform, manipulated the Hyred Platform in any way, breached these Terms, or exhibited unlawful or other improper conduct calculated to compromise the proper execution of the Hyred Platform. Hyred reserves the right to remove any Content it considers a breach of these Terms. In the event of suspension or termination of your Account in accordance with these Terms, you will have no further access to your Account during suspension or no access at all upon termination. Hyred's legal rights to seek damages or other compensation from you are reserved.

11.2 During the term, each party may receive certain non-public information and materials relating to the other party's business, technology, and products that are confidential and of significant value to that party (“Confidential Information”). Each party shall not use or disclose Confidential Information to third parties except as permitted by this Agreement or as authorized by the prior written consent of the other party. Each party shall use reasonable efforts to maintain the confidentiality of such Confidential Information and neither party shall use less effort than it normally uses with respect to its own confidential information. The foregoing does not restrict either party from disclosing Confidential Information pursuant to an order or requirement of a court, administrative agency, or other government authority (provided the party required to make such disclosure gives reasonable notice to the other party to contest such order or requirement), or confidentially to its legal or financial advisors, or potential buyers or investors. Confidential Information does not include information that: (a) becomes generally known to the public through no fault of the recipient; (b) is lawfully and legally known to the recipient at the time of disclosure without a confidentiality obligation; (c) is independently developed by the recipient without use of or access to the Confidential Information of the disclosing party; or (d) the recipient lawfully and legally obtains from a third party without restrictions on disclosure.

12. STANDARD CONDITIONS

12.1 If for any reason beyond Hyred's reasonable control—including war, terrorism, state of emergency or disaster (including natural disaster), computer virus infection, bugs, manipulation, unauthorized intervention, technical failures, or other circumstances affecting or influencing the administration, security, fairness, integrity, or proper conduct of the Hyred Platform, or if a social media platform changes its terms of service, access, or permission in a way that affects the Hyred Platform—Hyred reserves the right to cancel, terminate, modify, or suspend the Hyred Platform at its sole discretion.

12.2 No additional agreement or other Terms (including purchase order or insertion order terms) may be imposed on Hyred unless Hyred agrees to this in writing, and in that case, if any terms in an agreement or other Terms conflict with these Terms, these Terms shall prevail to the extent applicable.

12.3 If you use the Hyred Platform on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Hyred and govern your use of the Hyred Platform, superseding all prior agreements between you and Hyred. You shall not assign any rights or obligations under these Terms, in whole or in part, to a third party without Hyred's prior written consent. Any attempt to do so is void. Hyred may transfer its rights or obligations hereunder at its sole discretion.

12.4 If any clause or part of a clause is in any way unenforceable, invalid, or illegal, it shall be read and modified so as to be enforceable, valid, and legal. If this is not possible, the clause (or where possible, the offending part) shall be severed from these Terms without affecting the enforceability, validity, or legality of the remaining clauses (or parts of those clauses), which shall remain in full force and effect.

13. DISPUTE RESOLUTION

13.1 Arbitration Agreement. This section is referred to as the “Arbitration Agreement.” You agree that all disputes or claims that have arisen or may arise between you and Hyred, whether with respect to this Agreement (including any alleged breach thereof), the Hyred services, any advertising, any aspect of the relationship between us, or otherwise, shall be resolved through binding arbitration, in accordance with the terms of this Arbitration Agreement, unless the law provides otherwise. The Dutch Arbitration Act (Code of Civil Procedure) governs the interpretation and enforcement of this Arbitration Agreement.

13.2 You and Hyred agree that we may only sue each other on an individual basis, unless the law provides otherwise. The arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief caused by that party's individual claim(s), except that you may file a claim for public injunctive relief and the arbitrator may award this under applicable law to the extent necessary for the enforceability of this provision.

13.3 Hyred is always interested in resolving disputes in a friendly and efficient manner, and most user complaints regarding the Hyred platform and/or the Hyred services can be quickly and satisfactorily resolved by contacting customer service at support@Hyred.nl. If such efforts prove unsuccessful, a party intending to seek arbitration must first send a written notice of dispute (“Notice”) to the other party by registered mail. The Notice to Hyred must be sent to the address of its headquarters in the Netherlands, or to the address designated by Hyred for receipt of notices. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If Hyred and you do not resolve the claim within sixty (60) calendar days after receipt of the Notice, you or Hyred may start an arbitration procedure. During the arbitration, the amount of any settlement offer made by Hyred or you may not be disclosed to the arbitrator until the arbitrator has determined the amount, if any.

13.4 All aspects of the arbitration procedure, and any judgment, decision, or award by the arbitrator, shall be strictly confidential for the benefit of all parties.

13.5 If a court decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace that term or provision with a valid and enforceable term or provision that comes closest to the intent of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforced as modified. The remaining portion of the Terms remains in effect.

13.6 Future Changes to the Arbitration Agreement. Notwithstanding any provision in this Agreement, Hyred agrees that if it makes any changes to this Arbitration Agreement in the future (other than a change of the address for receipt of notices) while you are a user of the Hyred services, you may reject such change by notifying us in writing within thirty (30) calendar days of the change via the address for receipt of notices mentioned above. By rejecting a future change, you agree that you will resolve disputes between us in accordance with the language of this Arbitration Agreement from the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

13.7 Unless expressly stated otherwise in the Agreement, the Agreement is governed by the law of the Netherlands.