Terms of Services | ProfileHype

TERMS OF SERVICE

www.profilehype.com

Last Updated: March 01, 2026

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,” “we,” “us,” or “our”). By accessing or using www.profilehype.com (the “Website”) or any related services (the “Services”), you represent that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree, you must immediately discontinue all use of the Website and Services.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, LIMITATION OF LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN SECTION 22, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS DESCRIBED IN SECTION 21.

1. Nature of Services and Platform Role

ProfileHype operates as a technology facilitation platform that connects Users with independent third-party promotional service providers (“Service Providers”). ProfileHype does not itself perform promotional activities, deliver social media engagement, or directly interact with any User’s social media accounts. ProfileHype’s role is strictly limited to providing the technology infrastructure and marketplace through which Users may discover and engage Service Providers.

You acknowledge and agree that:

(a) ProfileHype acts solely as an intermediary facilitator and is not a party to, nor responsible for, the actions, omissions, or performance of any Service Provider;

(b) All promotional activities are carried out by independent third-party Service Providers over whom ProfileHype exercises no direct control, supervision, or direction;

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

(d) 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, and market conditions;

(e) ProfileHype makes no guarantees, representations, or warranties regarding specific performance outcomes, metrics, numbers, or results.

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.

You acknowledge that Campaign Packages represent access to third-party promotional services and that the specific descriptions on the product page at the time of your purchase constitute the agreed-upon deliverable. ProfileHype does not guarantee any particular outcome beyond facilitating the delivery of the Campaign Package as described. All marketing descriptions, promotional language, and illustrative examples on the Website are provided for informational and commercial purposes only and do not constitute contractual guarantees or binding performance commitments.

3. Service Delivery, Confirmation, and 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.

A Campaign Package shall be deemed “Delivered” when ProfileHype’s system confirms 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. Estimated delivery timelines are provided for informational purposes only and are not binding. Delays caused by factors outside ProfileHype’s control, including platform actions, high demand, or Service Provider availability, do not constitute a failure to deliver.

You agree to verify delivery promptly upon receiving confirmation. If you believe a Campaign Package has not been delivered as described, you must notify us within seven (7) days of the delivery confirmation date by contacting [email protected]. Failure to notify us within this period shall constitute acceptance of delivery and a waiver of any claims 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

You must be at least 18 years of age to use this Website or Services. Users under the age of 18 may only access the Services under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms. 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.

6. Assumption of Risk and Covenant Not to Sue

6.1 Assumption of Risk

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

(a) The risk that social media platforms may take adverse action against your account, including but not limited to suspension, restriction, shadow-banning, content removal, or permanent termination;

(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 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.

6.2 Covenant Not to Sue

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

(a) Any adverse action taken by a social media platform against your account 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 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™, 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 do not request your social media password or login credentials. Only public profile handles or URLs are required. 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 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;

(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.

Violation of these rules may result in immediate suspension or termination of your access without prior notice or refund.

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 regulations, data protection laws (including GDPR where applicable), 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.

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, 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

By submitting User Content, you grant ProfileHype a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, and distribute such User Content solely for the purpose of providing and facilitating the Services. This license terminates when you delete or remove the User Content or when your account is terminated, except to the extent necessary for ProfileHype to fulfill pending orders or comply with legal obligations.

12. Payments, Billing, and Security

Payments are processed through trusted 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; we do not process payments through email communications.

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 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.

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

13.1 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 full or partial refund 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 and confirmed 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;

(d) User error, 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.

13.2 Delivery Verification and Dispute Window

You agree to verify delivery promptly upon receiving confirmation. If you believe a Campaign Package that has been marked as Delivered was not in fact delivered or was materially under-delivered, you must notify ProfileHype within seven (7) days of the delivery confirmation date. Failure to notify ProfileHype within this period 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 not yet expired.

For clarity: the 7-day dispute window in this Section applies to Campaign Packages marked as Delivered. The 30-Day Service Guarantee in Section 13.1 applies to Campaign Packages that have not been Delivered at all within 30 days of purchase.

13.3 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.

13.4 No Other Refunds

Except as expressly provided in this Section 13, all sales are final. No refunds, credits, or exchanges shall be provided for any reason not specifically covered by the 30-Day Service Guarantee or the delivery dispute provisions above.

14. Chargebacks and Payment Disputes

You agree to contact ProfileHype at [email protected] to attempt to resolve any billing dispute or concern before initiating a chargeback, payment dispute, or payment reversal with your bank, credit card company, or payment provider. ProfileHype shall be given a reasonable opportunity of at least fifteen (15) business days to investigate and resolve any billing concern.

Filing a chargeback or payment dispute without first contacting ProfileHype as required by this Section constitutes a material breach of these Terms. In the event of a chargeback that ProfileHype determines to be unwarranted or fraudulent, ProfileHype reserves the right to: (a) immediately suspend or terminate your account and access to the Services; (b) pursue recovery of the disputed amount plus any administrative fees, chargeback fees, processing fees, or costs incurred by ProfileHype as a result of the chargeback; (c) engage a collections agency or legal counsel to recover amounts owed; and (d) report the incident to applicable fraud databases and law enforcement authorities where appropriate.

You acknowledge that initiating a chargeback for a Campaign Package that has been Delivered as described, or for any matter excluded from the 30-Day Service Guarantee under Section 13.1, constitutes an unauthorized reversal and may be treated as fraud under applicable law.

15. Anti-Fraud

ProfileHype reserves the right to screen all transactions for potential fraud. 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) report the suspected fraud to applicable law enforcement authorities, fraud prevention services, and payment processor fraud databases. ProfileHype shall not be liable for any loss, delay, or inconvenience resulting from the exercise of its anti-fraud measures.

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, PROFILEHYPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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.

PROFILEHYPE DOES 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 ERRORS IN THE SERVICES WILL BE CORRECTED; OR (D) THE SERVICES WILL BE COMPATIBLE WITH ANY PARTICULAR SOCIAL MEDIA PLATFORM’S RULES OR POLICIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROFILEHYPE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROFILEHYPE, DIGITAL XR LLC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS 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, 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.

IN NO EVENT SHALL PROFILEHYPE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PROFILEHYPE FOR THE SPECIFIC CAMPAIGN PACKAGE GIVING RISE TO THE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENT TO PROFILEHYPE, PROFILEHYPE’S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (USD $50.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF PROFILEHYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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.

18. Indemnification

You agree to indemnify, defend, and hold harmless ProfileHype, Digital XR LLC, and their respective officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, damages, liabilities, 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;

(b) Your violation of these Terms or any applicable law, rule, or regulation;

(d) Any claim by a social media platform, government agency, or third party arising from or related to your use of the Services;

(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;

(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. Prevailing Party Attorneys’ Fees

In any action, suit, arbitration, or proceeding to enforce these Terms or arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses from the non-prevailing party, in addition to any other relief to which it may be entitled.

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; or (e) 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 AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, 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. 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.

22.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact ProfileHype at [email protected] and attempt to resolve the dispute informally for a period of at least thirty (30) days from the date of your initial notice. Most disputes can be resolved through this informal process.

22.3 Binding Arbitration

If the dispute cannot be resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be finally resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. The arbitration shall take place in Wilmington, Delaware, unless otherwise agreed by the parties. The language of the arbitration shall be English. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

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, email address, 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 remain in full force and effect.

22.5 Equitable Relief

Notwithstanding the foregoing, ProfileHype reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of ProfileHype’s intellectual property rights, confidential information, or other proprietary rights, 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, 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.

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, 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.

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. No 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) suspend or terminate the accounts of Users associated with the affected Services; and (c) disclose User information as required 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, policy changes, 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 related to your use of the Services.

27. Privacy, Data Use, and International Data

Information you provide is collected and used in accordance with our Privacy Policy. 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.

If you are located in the European Economic Area (EEA), United Kingdom, or any jurisdiction with data protection laws, you acknowledge that your data may be transferred to and processed in the United States or other jurisdictions that may not provide the same level of data protection as your home jurisdiction. By using the Services, you consent to such transfers and processing. 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.

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, 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, or for any other reason we deem appropriate. Upon termination, all rights granted to you under these Terms shall immediately cease, and you must discontinue all use of the Website and Services. 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 4 (Service Provider Disclaimer), 6 (Assumption of Risk and Covenant Not to Sue), 8 (No Platform Compliance Warranty), 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 (Prevailing Party Attorneys’ Fees), 21 (Class Action and Jury Trial Waiver), 22 (Governing Law and Arbitration), 23 (Force Majeure), 24 (Third-Party Beneficiary Exclusion), 27 (Privacy and Data), 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.

34. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, 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.

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. Your continued use of the Website or Services after changes are posted constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify you via email or through a prominent notice on the Website at least seven (7) days before the changes take effect. It is your responsibility to review these Terms periodically.

38. Contact Information

If you have questions about these Terms, our Services, the 30-Day Service Guarantee, or need to report a billing concern or dispute, please contact us:

Digital XR LLC

2810 N Church St

Wilmington, Delaware 19802-4447 US

Phone: (227) 240-8213

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