Terms of Services | ProfileHype

TERMS OF SERVICE

www.profilehype.com

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Digital XR LLC, a Delaware limited liability company doing business as ProfileHype ("Company," "ProfileHype," "we," "us," or "our"). These Terms govern your access to and use of www.profilehype.com (the "Website") and any campaign packages, tools, or services made available through it (collectively, the "Services").

You accept these Terms by clicking a box or button indicating your agreement at account creation or checkout, or by placing an order through the Website. Each of these actions constitutes your electronic signature and your affirmative agreement to be bound by these Terms and by our Privacy Policy and Refund Policy, which are incorporated by reference. We keep a record of the version of these Terms you accepted, the date and time of acceptance, and the order to which it relates; those records are our business records and constitute evidence of your agreement. If you do not agree to these Terms, do not click to accept, do not place an order, and do not use the Website or Services.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A PLATFORM RISK DISCLOSURE AND ASSUMPTION OF RISK (SECTION 6), AN ARBITRATION AGREEMENT WITH A 30-DAY OPT-OUT RIGHT (SECTION 22), A CLASS ACTION WAIVER AND JURY TRIAL WAIVER (SECTION 21), A LIMITATION OF LIABILITY (SECTION 17), A ONE-YEAR TIME LIMIT FOR BRINGING CLAIMS (SECTION 22.7), AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

1. Nature of Services and Platform Role

ProfileHype operates a technology platform through which Users may purchase promotional campaign packages that are fulfilled by independent third-party promotional service providers ("Service Providers"). ProfileHype provides the ordering, payment, tracking, and support infrastructure through which Users engage Service Providers. ProfileHype does not itself generate social media engagement, does not interact with any User's social media account, and does not access any social media platform on any User's behalf.

You acknowledge and agree that:

(a) ProfileHype is not a party to, and is not responsible for, the actions, omissions, methods, or performance of any Service Provider;

(b) All promotional activities are carried out by independent third-party Service Providers. ProfileHype does not direct the specific methods, tools, or sources that a Service Provider uses to fulfill a Campaign Package;

(c) Service Providers are independent contractors and are not employees, agents, partners, joint venturers, or representatives of ProfileHype;

(d) ProfileHype selects Service Providers based on their stated capacity to deliver the scope described on the applicable product page and may replace any Service Provider at any time;

(e) Results are inherently variable and depend on numerous factors outside ProfileHype's control, including but not limited to social media platform algorithms, policies, enforcement actions, the nature of your content, and market conditions;

(f) ProfileHype makes no guarantees, representations, or warranties regarding any specific number, rate, retention period, quality, source, demographic, or outcome of engagement, or that any engagement will result in any commercial benefit to you.

2. Description of Services and Deliverables

Through the Website, Users may purchase digital marketing campaign packages ("Campaign Packages"), which represent credits for promotional campaign services to be fulfilled by independent third-party Service Providers. Each Campaign Package is described on the applicable product page at the time of purchase, including the type of promotional activity, estimated scope, and any applicable terms specific to that package.

The product page description at the time of your purchase, together with these Terms, constitutes the complete description of what you are purchasing and the agreed-upon deliverable. Any quantities, timelines, or rates shown on a product page are estimates, and reasonable variation above or below an estimated quantity does not constitute under-delivery. Marketing copy, illustrative screenshots, example accounts, testimonials, and general statements elsewhere on the Website are not part of the deliverable and do not constitute contractual guarantees or binding performance commitments.

ProfileHype may add, modify, reprice, or withdraw Campaign Packages at any time. Changes do not affect orders already confirmed.

3. Service Delivery, Confirmation, and Fulfillment

3.1 Fulfillment

Upon purchase of a Campaign Package, ProfileHype will initiate fulfillment by engaging the applicable Service Provider(s). You will receive an order confirmation via email at the address associated with your account or provided at checkout. Estimated start and completion times are provided for informational purposes only and are not binding. Delays caused by platform actions, Service Provider availability, verification checks, or high demand do not constitute a failure to deliver.

3.2 Your Obligations During Fulfillment

The social media account, profile, page, channel, post, or URL to which a Campaign Package is directed (the "Target") must be set to public, and its username, URL, and privacy settings must remain unchanged from the moment you place your order until delivery is confirmed. Deleting the Target or the specific content to which a Campaign Package is directed, changing its username, or setting it to private will interrupt fulfillment and voids the 30-Day Service Guarantee for that order.

3.3 Delivery

A Campaign Package shall be deemed "Delivered" when ProfileHype's system records that the Service Provider has completed the scope of the Campaign Package as described on the product page. Delivery confirmation will be reflected in your account dashboard and/or communicated via email.

3.4 Verification Window

You agree to verify delivery promptly upon receiving confirmation. If you believe a Campaign Package marked as Delivered was not delivered or was materially under-delivered, you must notify us within seven (7) days of the delivery confirmation date by emailing [email protected] with your order number and screenshots showing the shortfall. We will investigate and, where a shortfall is confirmed, will at our election top up the order or issue a proportionate refund. Failure to notify us within this period shall constitute acceptance of delivery and a waiver, to the fullest extent permitted by law, of any claim related to non-delivery or incomplete delivery of that Campaign Package.

4. Service Provider Disclaimer

ProfileHype does not control, direct, supervise, endorse, or guarantee the conduct, methods, quality, or results of any Service Provider. Service Providers are independent contractors and are solely responsible for their own actions, methods, tools, and compliance with applicable laws and platform policies.

ProfileHype is not liable for any act or omission of any Service Provider, including but not limited to: (a) the methods used to fulfill a Campaign Package; (b) any violation of social media platform terms of service by a Service Provider; (c) any adverse consequences to your account resulting from Service Provider activities; (d) any failure by a Service Provider to perform as expected; or (e) any unauthorized or excessive actions taken by a Service Provider beyond the scope of the Campaign Package.

In the event of a dispute between you and a Service Provider, ProfileHype may, at its sole discretion, attempt to facilitate a resolution, but is not obligated to do so and shall not be liable for the outcome of any such dispute.

5. Eligibility and Intended Use

You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use this Website or Services. We do not knowingly provide Services to, or collect information from, anyone under 18. If we learn that a User is under 18, we will cancel their orders and close their account.

By using the Services, you represent and warrant that you meet this eligibility requirement, have the legal capacity to enter into these Terms, and are not prohibited from using the Services under any applicable law.

The Services are marketing and promotional tools intended for creators, businesses, brands, and professionals promoting their own content, products, or services. You represent that you are purchasing the Services for professional, commercial, or promotional purposes.

6. Platform Risk Disclosure, Assumption of Risk, Release, and Covenant Not to Sue

6.1 Platform Risk Disclosure

Every major social media platform prohibits or restricts artificial or purchased engagement in its terms of service. Platforms detect, remove, and penalize such engagement, and they change their detection methods and policies without notice. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT A SOCIAL MEDIA PLATFORM MAY, AT ANY TIME AND WITHOUT WARNING: (A) REMOVE, REDUCE, OR REVERSE ANY ENGAGEMENT DELIVERED TO YOUR TARGET; (B) REDUCE THE REACH OR VISIBILITY OF YOUR CONTENT; (C) RESTRICT, SUSPEND, SHADOW-BAN, OR PERMANENTLY TERMINATE YOUR ACCOUNT; OR (D) TAKE ANY OTHER ENFORCEMENT ACTION AGAINST YOU. YOU HAVE READ THIS DISCLOSURE, YOU UNDERSTAND IT, AND YOU HAVE DECIDED TO PROCEED ANYWAY.

6.2 Assumption of Risk

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THIRD-PARTY PROMOTIONAL SERVICES, INCLUDING BUT NOT LIMITED TO:

(a) The risks described in Section 6.1;

(b) The risk that promotional results may not meet your expectations due to factors beyond ProfileHype's control;

(c) The risk that social media platforms may modify their algorithms, terms of service, or enforcement practices at any time, which may affect the delivery or effectiveness of Services;

(d) The risk that any engagement obtained through promotional activities may be reduced, removed, or reversed by platform actions;

(e) The risk arising from the methods used by any Service Provider;

(f) The risk that your use of the Services may be viewed by social media platforms or third parties as inconsistent with their rules or norms.

You agree that ProfileHype bears no responsibility for any consequences arising from any of the foregoing risks.

6.3 Release and Covenant Not to Sue

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE PROFILEHYPE, DIGITAL XR LLC, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (THE "PROFILEHYPE PARTIES") FROM, AND EXPRESSLY COVENANT AND AGREE NOT TO BRING, JOIN, OR PARTICIPATE IN ANY CLAIM, ACTION, SUIT, OR PROCEEDING AGAINST THE PROFILEHYPE PARTIES ARISING FROM OR RELATED TO:

(a) Any adverse action taken by a social media platform against your account or Target in connection with or following your use of the Services;

(b) Any reduction, removal, or reversal of engagement metrics by a social media platform;

(d) Any acts or omissions of any third-party Service Provider.

This release applies to claims known and unknown. If you are a California resident, you waive California Civil Code Section 1542, which provides: "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."

This release and covenant not to sue is independent of, and in addition to, the indemnification and limitation of liability provisions set forth elsewhere in these Terms.

7. Social Media Platform Disclaimer

ProfileHype is not affiliated with, endorsed by, sponsored by, or in any way officially connected with any social media platform, including but not limited to Instagram™, TikTok™, YouTube™, X (formerly Twitter), Facebook™, Snapchat™, Spotify™, Twitch™, LinkedIn™, or any of their parent companies, subsidiaries, or affiliates. All platform names and trademarks are the property of their respective owners and are used solely for identification purposes.

We never request your social media password, login credentials, or two-factor authentication codes. Only public profile handles or URLs are required. Anyone claiming to represent ProfileHype who asks for your password is not authorized by us; please report it to [email protected]. Your account must be set to public for Service fulfillment; if your account is private, we cannot facilitate the delivery of Services.

8. No Platform Compliance Warranty

PROFILEHYPE EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SERVICES OR THE ACTIVITIES OF ANY SERVICE PROVIDER COMPLY WITH THE TERMS OF SERVICE, ACCEPTABLE USE POLICIES, COMMUNITY GUIDELINES, OR ANY OTHER RULES OR REGULATIONS OF ANY THIRD-PARTY SOCIAL MEDIA PLATFORM. Users are solely responsible for evaluating whether their use of the Services is permissible under the applicable platform's rules. ProfileHype shall have no liability arising from a platform's enforcement of its own policies against any User.

9. User Representations, Conduct, and Restrictions

9.1 Representations and Warranties

You represent and warrant that:

(a) You own, control, or are expressly authorized by the owner to direct promotional services at every Target you submit, and you will provide proof of authorization on request;

(b) No Target belongs to, features, or is operated by a person under 18;

(c) No Target belongs to a person who has not consented to receive promotional services. You will not use the Services to direct engagement at competitors, former partners, public figures, or any account with the intention of causing that account to be penalized by a platform;

(d) You will not use the Services, or the results of the Services, to misrepresent your popularity, reach, credibility, or influence to any consumer, advertiser, sponsor, investor, lender, employer, platform, or government body, or in connection with any securities offering, token or cryptocurrency promotion, financial product, political campaign, election, or public health matter;

(e) You will not use the Services in connection with content that is illegal, defamatory, infringing, harassing, sexually explicit involving minors, or that promotes violence or hatred;

(f) You will not resell the Services or represent to any third party that you are an agent or reseller of ProfileHype without our prior written consent;

(g) All information you provide to us is accurate and current.

9.2 Prohibited Conduct

You agree not to:

(a) Use the Website or Services for any unlawful, fraudulent, or unauthorized purpose;

(b) Interfere with or attempt to disrupt the Website's functionality, security, or infrastructure;

(d) Engage in abusive, harassing, threatening, or discriminatory behavior toward others, including our support staff;

(e) Use the Services to violate the rights of any third party;

(f) Attempt to reverse-engineer, decompile, or derive source code from any part of the Website or Services;

(g) Use the Services for any purpose that violates applicable law in your jurisdiction;

(h) Use automated scripts, bots, or tools to access the Website or Services without our prior written consent;

(i) Submit false payment information or use a payment method you are not authorized to use;

(j) Create multiple accounts to evade a suspension, refund limitation, or restriction.

9.3 Consequences

Breach of this Section 9 is a material breach of these Terms. We may cancel affected orders without refund, suspend or terminate your account without prior notice, and retain any amounts paid as liquidated damages for the cost of investigating and remediating the breach.

10. Compliance with Applicable Laws

You represent and warrant that your use of the Website and Services complies with all applicable laws, rules, and regulations in your jurisdiction, including but not limited to consumer protection laws, advertising, endorsement, and testimonial regulations, data protection laws, unfair competition laws, and any laws governing the promotion of content on social media platforms. You are solely responsible for determining the legality of your use of the Services in your jurisdiction. ProfileHype makes no representation that the Services are appropriate or available for use in any particular jurisdiction, and accessing the Services from jurisdictions where the Services are illegal is prohibited.

You represent that you are not located in, and are not a resident or national of, any country or territory subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control, and that you are not listed on any U.S. government list of prohibited or restricted parties.

Notice to California Residents: Under California Civil Code Section 1789.3, California Users are entitled to the following notice: the Services are provided by Digital XR LLC, 2810 N Church St, Wilmington, DE 19802-4447. Complaints may be directed to [email protected] or to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

11. User Content, Intellectual Property Warranty, and License

11.1 Website Intellectual Property

All content on the Website, including but not limited to text, graphics, images, code, software, and design, is owned by ProfileHype or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, republish, distribute, modify, or otherwise exploit any Website content without our prior written consent. All trademarks, logos, and service marks displayed on the Website belong to ProfileHype or their respective owners.

11.2 User Content Warranty

By submitting any content, data, or information to ProfileHype through the Website or Services (including but not limited to social media profile links, usernames, images, messages, or any other materials) ("User Content"), you represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to provide such User Content; (b) the User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity, rights of privacy, or any other proprietary rights; (c) the User Content does not violate any applicable law or regulation; and (d) the User Content is accurate and not misleading.

11.3 License to User Content

You retain ownership of your User Content. By submitting User Content, you grant ProfileHype a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, store, reproduce, display, transmit, and distribute such User Content solely for the purpose of providing and facilitating the Services, handling disputes, and complying with legal obligations. This license terminates when the relevant order is complete and any applicable dispute period has expired, except to the extent ProfileHype must retain records of your acceptance of these Terms and your orders, fulfill pending orders, or comply with legal obligations.

11.4 Copyright Complaints

If you believe content displayed on the Website infringes your copyright, you may send a notice meeting the requirements of 17 U.S.C. Section 512(c)(3) to our designated agent at the postal or email address set out in Section 38, marked "Copyright Notice."

12. Payments, Billing, and Security

Payments are processed through independent third-party payment processors. All transactions utilize SSL encryption and other industry-standard security measures. Full payment card details are never stored on our servers or accessible to our staff. Do not send sensitive payment details via email or chat; we do not process payments through email communications and will never ask you to provide card details that way.

By providing payment information, you represent and warrant that: (a) you are authorized to use the payment method provided; (b) all payment information you provide is accurate and complete; and (c) you will promptly update your payment information if it changes. You authorize ProfileHype and its payment processors to charge the payment method you provide for the total amount of your purchase, including any applicable taxes and fees.

All prices are displayed in the currency indicated on the Website at the time of purchase. ProfileHype reserves the right to modify prices at any time; however, price changes will not affect orders that have already been confirmed. ProfileHype may cancel any order placed at a price that was published in error, even after confirmation, and will refund any amount charged for that order.

13. 30-Day Service Guarantee, Refunds, and Cancellations

13.1 Immediate Performance and Cancellation

Fulfillment of a Campaign Package begins immediately or shortly after you place your order and cannot be recalled once a Service Provider has started work. BY PLACING AN ORDER, YOU EXPRESSLY REQUEST THAT PROFILEHYPE BEGIN PERFORMANCE IMMEDIATELY, AND YOU ACKNOWLEDGE THAT ONCE FULFILLMENT HAS BEGUN YOU CANNOT CANCEL THE ORDER AND THAT ANY RIGHT YOU MAY OTHERWISE HAVE TO CANCEL OR WITHDRAW IS LOST ONCE THE SERVICE HAS BEEN PERFORMED.

If you contact [email protected] before a Service Provider has started work on your order, we will cancel the order and refund it in full. Whether work has started is determined by ProfileHype's fulfillment records.

13.2 30-Day Service Guarantee

ProfileHype offers a 30-Day Service Guarantee on all Campaign Packages. If your Campaign Package is not Delivered (as defined in Section 3) within thirty (30) days of your purchase date, you may request a resolution by contacting [email protected]. Upon receiving your request, ProfileHype will, at its sole discretion, either: (a) re-initiate fulfillment of the Campaign Package through an alternative Service Provider; or (b) issue a refund of the undelivered portion to your original payment method.

The 30-Day Service Guarantee applies exclusively to verified non-delivery or material under-delivery of the Campaign Package as described on the product page at the time of purchase. The 30-Day Service Guarantee does not apply to, and no refund or re-fulfillment shall be provided for:

(a) Campaign Packages that have been Delivered in accordance with Section 3;

(b) Reductions, removals, or reversals of engagement metrics by social media platforms after delivery, including but not limited to algorithmic adjustments, enforcement actions, or policy changes;

(c) Dissatisfaction with the source, quality, activity, retention, demographic, or effect of engagement where the Campaign Package was Delivered as described;

(d) User error or breach of Section 3.2, including but not limited to providing incorrect profile links, having a private account, changing account settings or username during fulfillment, or deleting the account or content to which Services were directed;

(e) Circumstances outside of ProfileHype's reasonable control as described in Section 23 (Force Majeure);

(f) Accounts found to be in violation of these Terms of Service.

13.3 Delivery Verification and Dispute Window

The 7-day verification window in Section 3.4 applies to Campaign Packages marked as Delivered. The 30-Day Service Guarantee in Section 13.2 applies to Campaign Packages that have not been Delivered within 30 days of purchase. Both operate independently. Failure to notify ProfileHype within the 7-day window shall constitute acceptance of delivery and a waiver of any claims related to non-delivery or incomplete delivery of that Campaign Package, regardless of whether the 30-Day Service Guarantee period has expired.

13.4 Refund Processing

Any approved refund will be issued to the original payment method and may take up to fourteen (14) business days to process, depending on your payment provider. ProfileHype is not responsible for delays caused by your bank or payment provider.

13.5 No Other Refunds

Except as expressly provided in Sections 3.4, 13.1, 13.2, 20, 23, and 32, all sales are final. No refunds, credits, or exchanges shall be provided for any reason not specifically covered by those provisions.

14. Chargebacks and Payment Disputes

14.1 Contact Us First

If you have any concern about a charge, you agree to contact ProfileHype at [email protected] to attempt to resolve it before initiating a chargeback, payment dispute, or payment reversal with your bank, credit card company, or payment provider. We will acknowledge a billing concern within two (2) business days and provide a substantive response within ten (10) business days. Most billing concerns are resolved faster through this process than through a chargeback.

14.2 Unwarranted Chargebacks

Nothing in these Terms limits any right you have under your card network's rules or applicable law. However, if you initiate a chargeback for a Campaign Package that ProfileHype's records show was Delivered as described, or for any matter excluded from refund under Section 13, without first giving ProfileHype the opportunity described in Section 14.1, then ProfileHype may: (a) suspend or terminate your account and cancel any pending orders; (b) submit its fulfillment records, delivery confirmations, and your acceptance of these Terms to the card network in response to the dispute; and (c) if the chargeback is reversed in ProfileHype's favor, recover from you the chargeback fees charged to ProfileHype by its payment processor, which you agree to reimburse, together with the original charge.

15. Anti-Fraud

ProfileHype reserves the right to screen all transactions for potential fraud and misuse. If ProfileHype reasonably suspects that a transaction is fraudulent, unauthorized, or in violation of these Terms, ProfileHype may: (a) delay, suspend, or cancel the transaction and withhold delivery; (b) require additional verification of your identity or payment authorization; (c) suspend or terminate your account without notice; and/or (d) share relevant information with its payment processors and, where required or permitted by law, with law enforcement authorities. ProfileHype shall not be liable for any loss, delay, or inconvenience resulting from the exercise of its anti-fraud measures taken in good faith.

16. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROFILEHYPE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.

THE PROFILEHYPE PARTIES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS; (C) ANY ENGAGEMENT WILL BE FROM ANY PARTICULAR SOURCE, OF ANY PARTICULAR QUALITY, OR RETAINED FOR ANY PARTICULAR PERIOD; (D) THE SERVICES WILL PRODUCE ANY COMMERCIAL RESULT; (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (F) THE SERVICES OR ANY SERVICE PROVIDER'S METHODS WILL BE COMPATIBLE WITH OR COMPLIANT WITH ANY SOCIAL MEDIA PLATFORM'S RULES OR POLICIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROFILEHYPE, ITS EMPLOYEES, CONTRACTORS, OR SUPPORT AGENTS, OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

17.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROFILEHYPE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, FOLLOWERS, REACH, ACCOUNT ACCESS, REPUTATION, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES; (B) ANY ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER; (C) ANY ACTIONS TAKEN BY ANY SOCIAL MEDIA PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE) AND EVEN IF PROFILEHYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROFILEHYPE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU TO PROFILEHYPE FOR THE SPECIFIC CAMPAIGN PACKAGE GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

17.3 Exceptions

Nothing in these Terms excludes or limits liability for (a) death or personal injury caused by ProfileHype's negligence; (b) ProfileHype's fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under applicable law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PROFILEHYPE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

17.4 Basis of the Bargain

You acknowledge that the pricing of the Services reflects the allocation of risk set forth in Sections 6, 16, and 17, and that ProfileHype would not provide the Services at these prices without these provisions.

18. Indemnification

You agree to indemnify, defend, and hold harmless the ProfileHype Parties (also referred to as the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees, court costs, and expert witness fees) arising out of or relating to:

(a) Your use of the Website or Services, or of any engagement delivered;

(b) Your violation of these Terms, including any representation in Section 9, or any applicable law, rule, or regulation;

(d) Any claim by a social media platform, government agency, consumer, advertiser, sponsor, or other third party arising from or related to your use of the Services or any representation you made about your reach, popularity, or influence;

(e) Any User Content you submit or provide through the Website or Services, including any intellectual property infringement claims;

(f) Any chargeback, payment dispute, or payment reversal initiated by you or on your behalf in breach of Section 14;

(g) Your negligence, willful misconduct, or fraud;

(h) Any misrepresentation made by you in connection with these Terms or your use of the Services.

ProfileHype reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ProfileHype in asserting any available defenses. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Services.

19. Attorneys' Fees

In any action, suit, arbitration, or proceeding brought by ProfileHype to enforce these Terms or to recover amounts owed under Sections 9.3 or 14, ProfileHype shall be entitled to recover its reasonable attorneys' fees, costs, and expenses if it prevails. In any arbitration under Section 22, the arbitrator may award attorneys' fees and costs to a party where applicable law or the applicable arbitration rules permit, and may award ProfileHype its attorneys' fees and costs if the arbitrator finds that a claim was frivolous or brought for an improper purpose.

20. Right to Modify, Suspend, or Discontinue Services

ProfileHype reserves the right, at its sole discretion, to modify, suspend, limit, or discontinue any part of the Services, any specific Campaign Package type, or the Website, at any time and for any reason, including but not limited to: (a) in response to a request, demand, or legal action by a social media platform; (b) in response to a government inquiry, investigation, or regulatory action; (c) to comply with applicable law or legal process; (d) due to changes in social media platform APIs, policies, or terms of service; (e) at the request or requirement of a payment processor; or (f) for any business, technical, or operational reason.

ProfileHype shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. If ProfileHype discontinues a Campaign Package type that you have purchased but that has not yet been Delivered, ProfileHype will, at its sole discretion, either issue a refund for the undelivered portion or offer an alternative Campaign Package of comparable value.

21. Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PROFILEHYPE EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

YOU AND PROFILEHYPE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED FROM ARBITRATION AND BROUGHT IN COURT UNDER SECTION 22.6, WHILE ALL OTHER CLAIMS REMAIN IN ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND PROFILEHYPE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

22. Governing Law, Dispute Resolution, and Arbitration

22.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The Federal Arbitration Act, 9 U.S.C. Section 1 et seq., governs the interpretation and enforcement of the arbitration provisions in this Section 22.

22.2 Informal Resolution

Before initiating any formal dispute resolution proceeding (other than a small claims action under Section 22.3), you and ProfileHype each agree to send the other a written notice describing the dispute and the relief sought (a "Dispute Notice"). You must send your Dispute Notice to [email protected] with the subject line "Dispute Notice" and to the postal address in Section 38. ProfileHype will send its Dispute Notice to the email address associated with your account. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the Dispute Notice is received. Neither party may start arbitration or litigation until this period has ended. If ProfileHype resolves the dispute by refunding you, that refund is your sole remedy for the matter described in the Dispute Notice. The limitation period in Section 22.7 is paused during this period.

22.3 Binding Arbitration

If the dispute cannot be resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope, applicability, or enforceability of this agreement to arbitrate, shall be finally resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if the AAA determines the dispute is commercial) then in effect, as modified by this Section 22. The AAA rules are available at www.adr.org.

The arbitration will be conducted by a single arbitrator. Hearings, if any, will be held by videoconference or, if an in-person hearing is required, at a location reasonably convenient to you in accordance with the AAA rules. Disputes under USD $25,000 will be decided on written submissions alone unless the arbitrator determines that a hearing is necessary. The language of the arbitration shall be English. Filing, administration, and arbitrator fees are allocated according to the applicable AAA rules.

The arbitrator may award any relief that a court could award to an individual party, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Either party may instead bring an individual claim in small claims court in the county of your residence or in New Castle County, Delaware, if the claim qualifies and remains an individual (non-class, non-representative) action.

If twenty-five (25) or more similar arbitration demands are filed against ProfileHype by or with the assistance of the same law firm or organization within ninety (90) days, the AAA shall administer them in batches of fifty (50), with one set of filing and administrative fees and one arbitrator per batch, and the parties shall cooperate to resolve the batches efficiently. Claims not yet batched are tolled while earlier batches are resolved.

22.4 Arbitration Opt-Out

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accept these Terms by sending written notice of your decision to opt out to: Digital XR LLC, 2810 N Church St, Wilmington, Delaware 19802-4447, or by email to [email protected] with the subject line "Arbitration Opt-Out." Your notice must include your full name, mailing address, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out of arbitration, all other provisions of these Terms, including the jury trial waiver and class action waiver in Section 21 and the exclusive jurisdiction provision in Section 22.6, remain in full force and effect.

22.5 Equitable Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, confidential information, or other proprietary rights, pending the outcome of arbitration, and ProfileHype may do so without the requirement of posting a bond or proving actual damages.

22.6 Exclusive Jurisdiction

For any claims not subject to arbitration, or where arbitration is prohibited by applicable law, or if you have opted out under Section 22.4, you irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection based on jurisdiction, venue, or inconvenient forum.

22.7 Time Limit for Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED. This period is paused during the informal resolution period in Section 22.2.

22.8 Changes to This Section

If ProfileHype changes this Section 22 or Section 21 after you have accepted these Terms, you may reject the change by notifying us in writing within thirty (30) days of the change taking effect, in which case the version of those Sections you last agreed to will continue to apply to you. Changes to these Sections do not apply to any dispute for which a Dispute Notice was sent before the change took effect.

23. Force Majeure

ProfileHype shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions or orders, changes in law or regulation, sanctions, trade restrictions, social media platform policy changes, algorithm modifications, API restrictions or revocations, platform enforcement actions, third-party Service Provider unavailability or failure, payment processor actions, internet or telecommunications failures, cyberattacks, distributed denial-of-service attacks, data breaches caused by third parties, power outages, labor disputes, embargoes, acts of terrorism, or any other event of force majeure. In the event of a force majeure event, ProfileHype's obligations shall be suspended for the duration of such event. If a force majeure event prevents fulfillment of an order on which work has not started, ProfileHype will refund that order.

24. Third-Party Beneficiary Exclusion

These Terms are for the sole benefit of the parties hereto and do not confer any rights, benefits, or remedies upon any third party, including but not limited to any social media platform, Service Provider, payment processor, government agency, or any other person or entity, except that the ProfileHype Parties are intended third-party beneficiaries of Sections 6, 16, 17, and 18 and may enforce those Sections directly. No other third party shall have any right to enforce, rely upon, or benefit from any provision of these Terms.

25. Notice and Takedown; Compliance with Legal Demands

ProfileHype maintains a process for responding to formal legal notices, demands, or requests from third parties, including social media platforms, rights holders, and government authorities. If ProfileHype receives a bona fide notice or legal demand asserting that specific Services or activities facilitated through the platform infringe third-party rights or violate applicable law, ProfileHype reserves the right to: (a) remove, modify, or restrict the affected Services; (b) cancel affected orders; (c) suspend or terminate the accounts of Users associated with the affected Services; and (d) disclose User information as required or permitted by law or legal process.

ProfileHype's compliance with a third-party legal demand or notice shall not be construed as an admission of liability or wrongdoing. ProfileHype shall not be liable to you for any actions taken in good faith in response to a legal demand, notice, or investigation.

26. Electronic Communications Consent

By using the Website or Services, you consent to receiving electronic communications from ProfileHype, including but not limited to order confirmations, delivery notifications, account updates, Dispute Notices, policy changes, legal notices, and promotional communications. You agree that all agreements, notices, disclosures, and other communications that ProfileHype provides to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time, but you may not opt out of transactional or legal communications while you have an account or an open order.

27. Privacy and Data Use

Information you provide is collected and used in accordance with our Privacy Policy, which forms part of these Terms. We do not sell, rent, or share your personal data with third parties except as described in our Privacy Policy or as required by applicable law.

Your personal data may be transferred to and processed in the United States and other countries. Where your local law requires safeguards for such transfers, we rely on the safeguards described in our Privacy Policy. ProfileHype will take reasonable steps to ensure your data is treated securely and in accordance with applicable law.

ProfileHype's liability for any data breach, data loss, or unauthorized access to your personal data shall be limited to the extent permitted by applicable law and shall in no event exceed the limitations set forth in Section 17 (Limitation of Liability).

28. Account Responsibility

If you create an account with ProfileHype, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. ProfileHype shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

29. Service Availability

While we strive to provide uninterrupted Services, we do not guarantee continuous or error-free operation. Access may be temporarily suspended for maintenance, updates, security purposes, or unforeseen issues. We shall not be liable for any interruption, suspension, or discontinuation of the Services, whether planned or unplanned.

30. Error Corrections

We reserve the right to correct any errors, inaccuracies, or omissions on the Website, including pricing, product descriptions, and promotional offers, at any time without prior notice. Such corrections shall not give rise to any liability on our part, and we are not obligated to honor any information found to be inaccurate, including pricing errors, provided that any amount charged for an order cancelled under this Section will be refunded.

31. Exceptional Disclosures

We may disclose your information if required to do so by law, in response to valid legal process (including subpoenas, court orders, or government requests), to enforce these Terms, to investigate potential violations, to respond to a payment dispute, or if necessary to protect our rights, property, safety, or the safety of others.

32. Termination

We may suspend or terminate your access to the Website or Services at any time, without prior notice or liability, if we determine in our sole discretion that you have violated these Terms, engaged in conduct that is harmful to ProfileHype, other Users, or third parties, if required by law, by a social media platform, or by a payment processor, if continuing to serve you would expose ProfileHype to legal, regulatory, or reputational risk, or for any other reason we deem appropriate. Where we terminate for a reason other than your breach of these Terms, we will refund any orders on which work has not started. Upon termination, all rights granted to you under these Terms shall immediately cease, and you must discontinue all use of the Website and Services. You may close your account at any time by contacting [email protected]; closing your account does not entitle you to a refund of orders already started or Delivered. Any outstanding payment obligations and the provisions identified in Section 32.1 shall survive termination.

32.1 Survival

The following Sections shall survive any termination or expiration of these Terms: Sections 1 (Nature of Services), 3.4 (Verification Window), 4 (Service Provider Disclaimer), 6 (Platform Risk Disclosure, Assumption of Risk, Release, and Covenant Not to Sue), 8 (No Platform Compliance Warranty), 9 (User Representations, Conduct, and Restrictions), 10 (Compliance with Applicable Laws), 11 (Intellectual Property), 13 (Refunds and Cancellations), 14 (Chargebacks), 15 (Anti-Fraud), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Attorneys' Fees), 21 (Class Action and Jury Trial Waiver), 22 (Governing Law, Dispute Resolution, Arbitration, and Time Limit for Claims), 23 (Force Majeure), 24 (Third-Party Beneficiary Exclusion), 27 (Privacy and Data), 31 (Exceptional Disclosures), 33 (Severability), 34 (Entire Agreement), 35 (Waiver), and 36 (Assignment).

33. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect, except as expressly provided in Section 21 with respect to the class action waiver.

34. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, the product page for each order at the time of purchase, and any other policies, guidelines, or supplemental terms referenced herein or posted on the Website, constitute the entire agreement between you and ProfileHype with respect to the subject matter hereof and supersede all prior or contemporaneous communications, understandings, proposals, and agreements, whether written or oral. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and ProfileHype. These Terms are written in English; any translation is provided for convenience only, and the English version controls.

35. Waiver

No failure or delay by ProfileHype in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

36. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of ProfileHype. ProfileHype may freely assign or transfer these Terms, in whole or in part, without restriction or notification, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

37. Modifications to Terms

ProfileHype reserves the right to modify these Terms at any time. The most current version will be posted on this page with an updated "Last Updated" date. For material changes, we will provide notice by email to the address associated with your account and by a prominent notice on the Website at least fourteen (14) days before the changes take effect, and we will ask you to accept the updated Terms the next time you place an order. Non-material changes take effect when posted. Changes do not apply to orders placed before they take effect. If you do not agree to updated Terms, do not place further orders and close your account. Changes to Sections 21 and 22 are subject to Section 22.8.

38. Contact Information

If you have questions about these Terms, our Services, the 30-Day Service Guarantee, or need to report a billing concern, send a Dispute Notice, or submit a copyright notice, please contact us:

Digital XR LLC d/b/a ProfileHype

2810 N Church St

Wilmington, Delaware 19802-4447 US

Phone: (227) 240-8213

Email: [email protected]

Website: www.profilehype.com