Terms of Service

IMPORTANT: READ SECTION 28. IF YOU LIVE IN THE UNITED STATES, IT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH HYPEFINDR THROUGH INDIVIDUAL BINDING ARBITRATION, NOT IN COURT. YOU GIVE UP YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR JOIN A CLASS ACTION. YOU CAN OPT OUT WITHIN 30 DAYS AS EXPLAINED IN SECTION 28.10.

HYPEFINDR SENDS PEOPLE TO REAL PLACES, REAL CROWDS AND STRANGERS. HYPEFINDR DOES NOT ORGANIZE, CHECK, STAFF, SECURE, SUPERVISE OR INSURE ANY EVENT, AND DOES NOT RUN BACKGROUND CHECKS ON ANY USER. READ SECTIONS 13, 23 AND 24 BEFORE YOU GO ANYWHERE YOU FOUND ON HYPEFINDR.

Part 1. The agreement, eligibility and accounts

1. Who we are and what this agreement covers

1.1 Who we are. Hypefindr is an independent project created and run by its founders from Northfield, Minnesota, United States. In these Terms, "Hypefindr," "we," "us" and "our" mean the Hypefindr project and the people who create and operate it. These Terms of Service ("Terms") are a binding contract between you and us.

1.2 The Services. These Terms govern your use of the Hypefindr iPhone app; the website at hypefindr.net and its subdomains; the share pages at go.hyped.stream; invite and share links; and every feature, content item, communication and service we provide (together, the "Services").

1.3 Documents that are part of these Terms. The following are incorporated into these Terms by reference: the Privacy Policy, Community Guidelines, Live Streaming and Recording Policy, Events, Safety and Assumption of Risk Policy, Child Safety Policy, Content Removal Requests policy, Points, Scores and Referral Program Terms, Enforcement, Moderation and Appeals Policy, Law Enforcement Guidelines and Website and Cookie Notice. Terms we show you inside a specific feature also apply. If these Terms conflict with another of those documents, these Terms control, unless the other document expressly says it controls on that point.

1.4 How you accept. You accept these Terms when you create an account, tap a button that says you agree, or use the Services in any way, including browsing without an account or saying you're coming to a plan from its share page. If you do not agree, do not use the Services.

1.5 Using Hypefindr for an organization. If you use the Services for a venue, business, promoter, brand, school, club or other organization, you accept these Terms for that organization and you confirm you have authority to bind it. "You" then means both you and the organization, and both of you are responsible for compliance.

2. Eligibility

2.1 You must be 18 or older. You must be at least 18 years old, and an adult under the law where you live, to create an account or use the Services. No one under 18 may use Hypefindr, even with a parent's permission.

2.2 Who may never use Hypefindr. You may not use the Services if any of these is true:

• We previously banned you or disabled your account, unless we gave you written permission to return.
• You are required to register as a sex offender in any jurisdiction.
• A court order, probation condition or parole condition restricts your contact with minors, your contact with a specific person who uses the Services, or your use of social media, live streaming or location-sharing services.
• You are located in, or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions, or you appear on any U.S. government list of prohibited or restricted parties.
• Using the Services would break a law that applies to you.

2.3 21+ content. You must be at least 21 to see or join anything tagged 21+. We may set higher age limits for other features or content at any time.

2.4 Your date of birth. You must give your true date of birth. We rely on it to decide what you can see and do. A false date of birth is a material breach of these Terms. If we believe you are under 18 or gave a false date of birth, we may require you to verify your age, restrict your account until you do, or delete it.

2.5 We cannot verify everyone's age. Age limits rely mostly on the date of birth each user gives us. Other users may not be the age they claim. An age tag on an event or post is not a promise that everyone you see, meet or talk to is that age, and it is not a substitute for ID checks at the door.

2.6 Where Hypefindr is offered. The Services are available in many countries. You are responsible for following the laws of the place where you use them. We may limit or stop offering the Services in any country at any time.

3. Your account

3.1 Accurate information. Keep your email, phone number, date of birth and other account details true and current.

3.2 One person, one account. Your account is personal to you. You may hold one personal account. You may not share, sell, rent, lend, transfer or let anyone else use your account, and you may not use anyone else's.

3.3 Usernames. We license your username to you; you do not own it. We may change or reclaim any username at any time, including for a trademark complaint, impersonation, offensive or misleading names, squatting, or inactivity.

3.4 Security. You are responsible for everything done through your account until you tell us it was accessed without your permission. Keep your device, email, phone number, password, and Apple or Google sign-in secure. The app keeps your sign-in on your iPhone behind Face ID or Touch ID, and signing out does not remove it, so anyone whose face or fingerprint is enrolled on that iPhone can open your account. Before you lend, sell or give away your phone, tap "Not you?" on the sign-in page. If you lose control of the phone number or email linked to your account, including when a carrier reassigns your old number, someone else may get into your account. We are not responsible for that. If you suspect unauthorized access, email hype.hypefindr@gmail.com immediately with the subject "Account Security."

3.5 Verification. We may require you to verify your phone number, email, identity or age at any time. We may limit features until you do.

3.6 Business, venue and organization accounts. An account for an organization must be run by an authorized representative and must not suggest that Hypefindr endorses or partners with it. Hypefindr does not verify accounts, and nothing in the app means we vouch for an account, its events or its safety.

3.7 Inactive accounts. We may delete an account that has not been used for 24 months, after notice to the email or phone number on file.

3.8 Deleting your account. You can delete your account at any time in the app (Profile → Settings → Delete account) or by emailing hype.hypefindr@gmail.com. Deletion is permanent and cannot be undone. The Privacy Policy explains what we delete and what we keep. Content that other people saved, reshared, screen-recorded or downloaded, and content we must keep by law, may survive deletion.

3.9 Deceased or incapacitated users. An immediate family member or legal representative may ask us to deactivate or delete the account of a user who has died or is incapacitated, with proof we reasonably require. We will not give anyone the login to another person's account.

4. How we communicate with you

4.1 Electronic notices. You agree that we may send agreements, notices and disclosures electronically: in the app, by push notification, by email, or by text message to the number on your account. These satisfy any legal requirement that a communication be in writing. A notice is effective when we send it to the email or phone number on file, or post it in the app.

4.2 Text messages. By giving us a phone number, you agree to receive text messages at that number for verification codes and account security. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Reply HELP for help. Reply STOP to stop non-essential texts; if you block verification texts, you may not be able to sign in. We do not send marketing texts unless you opt in separately. You confirm you are the subscriber or authorized user of that number. If you give up or change the number, update your account first.

4.3 Other notifications. You can turn push notifications off in your device settings. While your account is open, you cannot opt out of messages about security, legal notices, changes to these Terms, or enforcement actions on your account.

5. Changes to the Services and to these Terms

5.1 The Services will change. We may add, change, limit, suspend or end any feature, any part of the Services, or the Services as a whole, at any time, with or without notice, and without liability to you. That includes any feature these Terms name.

5.2 Changes to these Terms. We may change these Terms. For a material change we will give notice in the app or by email at least 15 days before it takes effect. A change required by law, or one that covers a new feature or addresses a safety risk, can take effect immediately. If you keep using the Services after a change takes effect, you accept it. If you do not accept it, stop using the Services and delete your account. Changes to Section 28 follow the rule in Section 28.11.

5.3 Test features. Features labeled beta, preview, test or similar are experimental. They may not work, may be changed or removed without notice, and are covered by every disclaimer in these Terms.

Part 2. Content and intellectual property

6. Your content

6.1 What counts as your content. "User Content" means anything you post, stream, upload, send, record or create through the Services. That includes photos, videos, captions and the words you write on them; live streams and their preview clips; audio; live chat messages and asks; reactions and vibes; event and plan listings, with their covers, photos, videos, hosts, costs and good-to-know details; your answers when we ask you to confirm a plan, and any reason you give for calling one off; crew names; profile details; the plans you attend or save as favorites, and check-ins; friend requests, crew invites, Meet Up requests and Let Them Know alerts, with their notes; and anything you share from Wrapped.

6.2 You keep ownership. As between you and Hypefindr, you keep whatever ownership rights you have in your User Content. The license in Section 6.3 is not a transfer of ownership.

6.3 The license you give us. You grant Hypefindr a worldwide, non-exclusive, royalty-free, fully paid, transferable license, with the right to sublicense through multiple tiers, to host, store, cache, record, copy, reproduce, transcode, format, crop, clip, caption, translate, adapt, publicly perform, publicly display, distribute, transmit and make available your User Content, in any media and by any method now known or later developed. We may use this license to operate, provide, secure, moderate, improve, develop, research and promote the Services. Promotion includes showing public User Content in the app, in share previews, on our website, on our social media accounts, and in app store listings, with or without attribution.

6.4 Your name and likeness. The license in Section 6.3 includes the right to use your username, profile photo, name, image, likeness and voice as they appear in or with your User Content, without payment to you. We will not use content in which a child is the main focus to promote Hypefindr.

6.5 How long the license lasts. The license ends when you delete the User Content or your account, except for: copies other users have reshared or saved, until they delete them; copies in backups for a limited period; content we must keep for legal, safety or enforcement reasons; and promotional materials we created or distributed before you deleted the content.

6.6 No payment, no obligation to use. You will not be paid for User Content or for any use we make of it under these Terms. We are not obligated to post, display, keep or promote any User Content. To the extent the law allows, you waive any moral rights or similar rights of attribution and integrity in User Content as used under these Terms.

6.7 Automated systems. We use data about how the Services are used to run our own automated systems for ordering what you see, notifications, milestones and safety, such as the word filters, hiding content after repeated reports, and taking down plans whose hosts do not confirm them. We do not sell or license your User Content to third parties to train their generative AI models.

6.8 Your promises about your content. For every piece of User Content, you promise that:

• You own it or have every right, license, consent and permission needed to post it and to give us the license in Section 6.3.
• Every identifiable person in it has consented where the law requires consent, and for a minor, their parent or guardian has consented.
• It does not infringe or violate anyone's copyright, trademark, privacy, publicity or other rights, and does not break any law, these Terms or the Community Guidelines.
• You will pay any royalties, fees or other money owed to anyone because of it, including for music, performances or broadcasts it contains.

6.9 Public by default. Most User Content is visible to every Hypefindr user. Content you share by link can be seen by anyone with the link, including people without an account, and may be indexed by search engines. Anyone can screenshot, screen-record or download what they see. Live streams are seen as they happen and cannot be unseen. Once you post or stream something, you cannot control every copy of it. Visibility settings (Public, Friends or Only you) control who sees your posts on your profile. A post you add to an event also appears with that event to anyone who can see the event. A plan set to Crew is shown only to your friends and to anyone already attending it, and it has no public share page. No setting guarantees that no one else will see your content.

6.10 We host; we do not author or check. We do not pre-screen User Content and we do not endorse it. User Content is the sole responsibility of the person who posted it. We are a provider of an interactive computer service and are not the publisher or speaker of User Content. We may, but have no duty to, monitor, review, edit, label, restrict, age-gate, demote or remove any User Content at any time, for any reason or no reason, with or without notice.

6.11 We do not store your content for you. Hypefindr is not a backup service. We do not record live streams. Your profile keeps only your 30 most recent posts: when you add another, the oldest is deleted automatically. We may delete other User Content at any time, and we are not liable for any loss. Keep your own copies of anything that matters to you.

6.12 We store and review activity on the Services. You agree that Hypefindr and its service providers may store, scan and review posts, live chat (including through an automatic word filter), reports and other communications sent through the Services, and may watch any live stream while it is on air. You also agree that the app sends us records of how it is used and reports of app errors, as the Privacy Policy describes. We do this to operate the Services, detect and prevent abuse, child exploitation, fraud and illegal activity, enforce these Terms, and comply with law. You consent to this on behalf of yourself, and you confirm you have authority to consent for anyone you communicate with through the Services.

6.13 Content from others. You may see User Content that is offensive, false, misleading, harmful, illegal, mislabeled or dangerous. You view and rely on it at your own risk.

7. Our intellectual property

7.1 What we own. The Services, including the software, code, design, interface, text, graphics, maps as presented, scores, titles, badges, algorithms, data compilations, and the Hypefindr name and logos, belong to Hypefindr or its licensors. They are protected by copyright, trademark and other laws. All rights not expressly granted to you are reserved.

7.2 Your license to use the app. Subject to these Terms, we give you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the app on a device you own or control, and to use the Services, for your personal, non-commercial use. An organization may use the Services to promote its own lawful events within the rules of these Terms. This license ends automatically when your account ends or you breach these Terms.

7.3 What you may not do with the Services. You may not:

• Copy, modify, distribute, sell, lease or create derivative works of any part of the Services.
• Decompile, disassemble or reverse engineer the app, except where the law expressly allows it despite this restriction.
• Scrape, crawl, harvest or collect data from the Services by automated means, including user profiles, check-ins, event listings, map data, scores or leaderboards.
• Use any data from the Services to build a competing product, a database, a location-tracking tool, or to train any machine learning or AI model.
• Frame or mirror the Services, or remove, hide or change any proprietary notice, label or watermark.
• Use our names, logos or trademarks, or anything confusingly similar, without our prior written permission.

7.4 Third-party components. The app includes open-source and third-party components that are licensed under their own terms. Map data and map tiles come from Mapbox and OpenStreetMap contributors, and venue data comes from Foursquare Open Source Places, each subject to its own terms and attribution requirements.

8. Feedback

If you send us ideas, suggestions or feedback, including through "Send feedback or report a problem" or the "Anything we can improve?" question in the app, we may use them for any purpose without restriction, credit or payment to you. Feedback sent in the app is read only by the people who work on Hypefindr, and the Privacy Policy explains what we receive with it. You give us a perpetual, irrevocable, worldwide, royalty-free license to do so. Do not send us anything you consider confidential.

9. Copyright and other rights complaints

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) as set out in the Content Removal Requests policy. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe. Requests about intimate imagery, trademarks, privacy, impersonation and minors' likeness follow the same policy.

Part 3. Live features, location, events and the physical world

10. Live streaming

10.1 Who may go live. You must have an account in good standing to go live. We may require phone or identity verification, a minimum account age, or other conditions before you can stream, and we may withdraw streaming access at any time.

10.2 You are the broadcaster. You are solely responsible for everything seen and heard on your stream: you, bystanders, guests, chat you display, music, signage, screens, and anything else in frame or in earshot. You are also responsible for what your stream causes, including viewers who come to your location.

10.3 Streaming rules. You must follow the Live Streaming and Recording Policy, including recording-consent laws, venue rules, restricted places, and the ban on streaming copyrighted performances and broadcasts you do not have rights to.

10.4 Live content is not reviewed in advance. We do not review streams before they air and we do not watch every stream while it airs. We may remove any stream from every feed and the map, hide its chat messages, and suspend or ban the account behind it, at any time.

10.5 Viewers watch at their own risk. Streams are unscripted and happen in real places. A stream may suddenly show violence, injury, accidents, nudity, crime, police activity or other disturbing events.

10.6 Streaming reveals where you are. Your stream appears on the map at the place you are streaming from, close enough for people to find it, and its preview clip stays on the event after you stop. Viewers can work out exactly where you are from the map, the video, signs and landmarks, in real time. You accept that risk every time you go live.

10.7 No payment for streaming. You are not paid for streaming or for any views, reactions or attendance it generates. If we launch tips, gifts, subscriptions, revenue sharing or any other monetization, separate terms will govern it.

11. Location features and check-ins

11.1 How the app uses your location. With your permission, the app uses your device's precise location while it is open to show what is near you and to place your posts, streams and events on the map. "Always" location is optional and is asked for only after you tap Attend on an event. If you allow it, your iPhone tells the app when you arrive at an event you are attending, and the app checks you in automatically, even when it is closed. The Privacy Policy explains exactly what we collect, keep and share.

11.2 What your location shows other people. Events are shown at their actual location so people can find them. Posts and streams are shown at the place they were created, close enough to find it. Check-ins appear in your attendance passport, which other users can see, and your friends can see where your most recent post or stream was, sometimes while you are still there. Taken together, this can reveal where you are, where you live, work or study, and your routine. Before you post, stream or check in, decide whether you are comfortable with strangers knowing where you are. If anyone is stalking, threatening or looking for you, do not check in or go live.

11.3 Maps and locations may be wrong. Locations, maps, place names, distances, directions, event times and "live now" indicators may be inaccurate, outdated or incomplete. Directions may lead through closed, private, unlit or unsafe areas. Do not rely on the Services for navigation or safety decisions. Never use the app while driving or operating any vehicle.

11.4 Check-ins must be honest. A check-in records that you were physically at an event. It happens automatically when you arrive, if you allowed "Always" location, or when you tap a check-in prompt or reminder, and our server confirms you are within about 150 meters of the event while it is on. Only check in if you are really there. You may not fake your location by any method, including GPS spoofing apps, emulators, modified devices, VPN or proxy tricks, or another person's device. We may void any check-in, reverse any score or title that depended on it, and suspend or ban your account.

11.5 Turning location off. You can withdraw location permission at any time in your device settings. Some features, including automatic check-ins and nearby discovery, will stop working.

11.6 Never track other people. You may not use the Services to locate, follow, track or monitor any person without their consent, including a partner, ex-partner, family member, coworker or streamer.

12. Events and event listings

12.1 Users create events, not us. Event listings are User Content created by users and organizations. We do not verify that an event exists, is lawful, has permits, is safe, has enough capacity, is accurately described, or will happen. We do not verify that the host is who they claim to be or has the right to use the location.

12.2 If you host or list an event, you must:

• Describe it truthfully, including time, place, cost, age limits, what is good to know, and what will happen there.
• Name only real hosts. If you name another person, business or brand as a host, including one that is not on Hypefindr, you must have their permission.
• Have the right to use the location, including the owner's or venue's permission. Never list an event at a private home without the owner's consent, and never publish a private address you are not authorized to share.
• Obtain and follow every permit, license, insurance requirement, fire-code capacity, noise ordinance, liquor law and accessibility law that applies.
• Provide adequate security, crowd management, first aid and exits for the crowd you invite.
• Check ID at the door for any event with an age limit; an 18+ or 21+ tag in the app is not age verification.
• Update or cancel the listing promptly if anything changes, and remove listings for events that will not happen. For a repeating plan, every date must be real: call off a date that will not happen, and stop repeating when the series ends.
• Confirm it. For a plan made more than a day ahead, we ask you in its last 24 hours whether it is still on. If you do not confirm it, we take it down 3 hours before it starts and tell everyone who is attending or saved it as a favorite.
• Accept sole responsibility for the event and the safety of everyone who comes because of your listing.

12.3 Attending is your decision. You decide whether to attend any event and you accept the risks of doing so (Section 24 and the Events, Safety and Assumption of Risk Policy).

12.4 Tickets and payments. Hypefindr does not sell tickets or process payments for events. Any ticket, cover charge, deposit or other payment is solely between you and the person you pay. We are not responsible for refunds, cancellations, counterfeit tickets, fraud or chargebacks. Never pay someone you met through Hypefindr by gift card, wire, cryptocurrency or any other untraceable method.

12.5 Counts and other indicators. Attending, favorite and check-in counts (including people without an account who said they're coming from a share page), vibes, energy, atmosphere averages, "live now" and "Host confirmed" labels, milestones and similar signals are generated from user activity and our algorithms. "Host confirmed" means only that the host told us the plan is on. They are not statements of fact by Hypefindr, not reviews by Hypefindr, and not safety ratings. A high score does not mean an event is safe, lawful or as described.

12.6 We control listings. We may remove, hide, edit for formatting, relabel, age-gate, or limit the reach of any event listing at any time.

13. Your safety around other users

13.1 What Hypefindr is not. Hypefindr is a technology platform. We are not an event organizer, promoter, host, venue operator, security provider, ticket seller, transportation provider, or employer or agent of any user.

13.2 We do not screen users. We do not run criminal background checks, check sex offender registries, or verify the identity of users, except for limited checks we choose to run for specific features. Anyone you meet through Hypefindr is a stranger unless you know them. You are solely responsible for your interactions with other users, online and in person.

13.3 Take basic precautions. Meet in public places. Tell someone you trust where you are going. Arrange your own transportation. Watch your drink. Do not share your home address. Leave any place where you feel unsafe.

13.4 Disputes between users. Disputes between you and another user, host, venue or attendee are between you and them. We have no obligation to get involved. Section 24 releases Hypefindr from claims arising from those disputes.

14. Emergencies: Hypefindr is not an emergency service

14.1 Call your local emergency number. If you or anyone else is in danger, call 911 in the United States, or your local emergency number. Do not use a stream, chat, post or report to Hypefindr to get help in an emergency. We do not monitor streams in real time, and reports are reviewed within 24 hours, which is far too slow for an emergency.

14.2 We may contact authorities. We may, but have no duty to, contact emergency services or law enforcement when we believe someone may be at risk of death or serious injury, and share information with them, including location. We are not liable for contacting or not contacting them.

14.3 Crisis support. If you are thinking about suicide or self-harm, call or text 988 in the United States to reach the 988 Suicide & Crisis Lifeline, available 24 hours a day, or contact a local crisis line.

15. Scores, titles, badges, streaks and invites

Hype Score, titles, badges, milestones, streaks, passports, atmosphere averages, invite codes, Wrapped and similar features are governed by the Points, Scores and Referral Program Terms. They have no monetary value, are not your property, cannot be sold or transferred, and can be changed, reset, revoked or discontinued by us at any time. They are not a contest, sweepstakes or game of chance.

16. Chat, Crews and interactions

16.1 Chat is not private. Hypefindr has no private messaging. Live chat is public to everyone watching, is not end-to-end encrypted, and we can access it as described in Section 6.12 and the Privacy Policy.

16.2 Crews. Your Crew is your friends on Hypefindr, and smaller crews are groups inside it that people make and invite others to. A crew is a feature of the app. It is not a legal entity, partnership, club or organization sponsored by Hypefindr. A crew's founders and admins can add, mute, remove and block members of that crew; they are not our agents and have no authority to act for us. Crew names are User Content. We may rename, restrict or dissolve any crew.

16.3 Blocking has limits. Blocking and other safety tools reduce contact but cannot stop all of it. A blocked person may still see public content, use share links, create another account in breach of these Terms, or find you in person at a public event.

16.4 Limits on interaction. We limit how fast anyone can send chat messages, and how many times one address can say it's coming from share pages, and we may limit how many friend requests, crew invites, Meet Up requests, Let Them Know alerts, reactions, posts, check-ins or streams any account can send or make, and restrict who can contact whom.

Part 4. Rules, enforcement and termination

17. Prohibited conduct

The Community Guidelines set out the detailed rules. In addition, you may not use the Services to do, attempt, encourage or help anyone else do any of the following:

• Break any law, or plan, coordinate or promote any illegal act.
• Harm, endanger, sexualize, groom or exploit a minor in any way.
• Harass, threaten, stalk, intimidate, bully or dox anyone.
• Create a fake or misleading event, or lure anyone to a place to rob, assault, harass, scam, film or otherwise harm them.
• Organize or promote fights, riots, looting, street takeovers, sideshows, trespassing, mob "takeovers" of stores, malls or public spaces, or any gathering that breaks the law or an emergency order.
• Announce a giveaway, meetup, appearance or event likely to draw more people than the location can safely hold, without arranging it with the venue and, where required, the authorities.
• Buy, sell, trade, give away or promote illegal goods or services, firearms, ammunition, firearm parts, explosives, drugs, prescription medicine, alcohol, tobacco, vaping products, cannabis, counterfeit goods or stolen property.
• Offer, request or facilitate prostitution, commercial sex, escort services, sexual services, or sex or labor trafficking.
• Run, promote or facilitate gambling or betting.
• Fake your location, fake a check-in, or manipulate any score, title, badge, streak, ranking, referral or count.
• Buy, sell or trade accounts, usernames, followers, views, reactions, check-ins or invite codes.
• Create fake, duplicate, automated or bot accounts, or create a new account to get around a suspension, ban or block.
• Impersonate any person, business, organization, public official, or anyone who works on Hypefindr, or misrepresent your affiliation with anyone.
• Send spam, unsolicited commercial messages, chain messages, mass friend or Meet Up requests, or mass invitations.
• Phish, collect other users' login details or personal information, or distribute malware.
• Hack, probe, scan or test the vulnerability of the Services, overload them, bypass rate limits, age gates, geofences, blocks or any security or access control, or access them through any unofficial app, client or automated means. Good-faith security research reported to hype.hypefindr@gmail.com with the subject "Security," without accessing other users' data or disrupting the Services, is not a violation.
• Use the Services to surveil, profile or track any user or group of users, including for a government agency, employer, private investigator or data broker, outside valid legal process.
• Post anyone's private information without their consent.
• Post paid, sponsored or incentivized content without clearly disclosing it as required by law, including the FTC Endorsement Guides in the United States.
• Record or stream anyone in violation of privacy, eavesdropping or wiretapping laws.
• Support, promote or represent terrorist organizations, violent extremist groups or organized hate groups.
• Use the Services while driving, or in any way that endangers you or anyone else.
• Submit false reports, mass-report, or abuse the reporting or appeal tools.

18. Moderation and enforcement

18.1 We decide. We decide, in our sole discretion, whether User Content or conduct breaks these Terms or the Community Guidelines. We may consider conduct outside the Services, including conduct at events found through Hypefindr, criminal charges or convictions, and credible reports of violence or sexual misconduct.

18.2 What we may do. We may take any of these actions, alone or together, with or without notice: hide or remove content; suspend an account for a period, during which it cannot sign in; permanently ban an account; void scores, titles or referrals; preserve data; and report to law enforcement or the National Center for Missing & Exploited Children (NCMEC).

18.3 Notice. We usually tell you when we act against your account or content. We may not, if telling you could harm someone, interfere with an investigation, help someone evade detection, or break the law.

18.4 Appeals. You may appeal as described in the Enforcement, Moderation and Appeals Policy. An appeal is a review by us, not a legal proceeding. Section 28 governs any legal claim.

18.5 Automated tools. Some actions are automatic: an automatic word filter hides chat messages, and content reported by 3 different people is hidden until someone reviews it. A person reviews every report. Automated tools make mistakes.

18.6 No duty to you. Our moderation does not create any duty to you or to anyone else. Not enforcing a rule in one case does not waive our right to enforce it in another. We are not liable for removing, or for failing to remove, any content or account.

19. Suspension and termination

19.1 You may leave at any time. You may stop using the Services and delete your account at any time.

19.2 We may suspend or end your access. To the extent the law allows, we may suspend or terminate your account, your access to any feature, or your access to the Services, at any time and for any reason, with or without notice. Reasons include a breach of these Terms, risk of harm to anyone, legal or regulatory risk, a request from law enforcement, or our decision to stop offering the Services.

19.3 What happens when your account ends. Your license to use the Services ends. You lose access to your account, content, scores, titles, Crews and username. We may keep information as described in the Privacy Policy.

19.4 A ban applies to you, not just one account. If we ban you, you may not create or use any other account. We may disable any account we reasonably believe is controlled by a banned person.

19.5 What survives. Any provision that by its nature should survive termination survives, including Sections 6.3 to 6.7 (for content we keep), 6.12, 7, 8, 13, 14, and 17 to 32.

20. Third-party services and links

The Services rely on and link to services we do not control, including Sign in with Apple, Sign in with Google, Mapbox maps, the ride and map apps you can open for directions (such as Uber, Lyft, Waze, Google Maps and Apple Maps), ticketing sites, venue websites and other users' links. Their terms and privacy policies apply to your use of them. We do not endorse them and are not responsible for their content, availability, security, accuracy or conduct, or for any transaction between you and them.

21. Paid features

The Services are currently free. If we offer paid features, subscriptions or virtual items, the price and key terms will be shown before you buy, and purchases made through the Apple App Store are processed by Apple under its terms and refund policies. Virtual items and premium features are a limited license, have no cash value, cannot be exchanged for money, and may be changed or discontinued. Any subscription that renews automatically will say so before you buy and can be canceled as the applicable store and law provide. Except where the law requires otherwise, all purchases are final and non-refundable.

22. Devices, data charges and updates

You need a compatible device and an internet connection to use the Services. You are responsible for all mobile data, roaming and other charges from your carrier. Live streaming and video use significant battery and data. When a newer version of the app is out, the app asks you to update it, and you may need to install the update to keep using the Services. Older versions may stop working.

Part 5. Disclaimers, risk, liability and indemnity

In this Part, "Hypefindr Parties" means Hypefindr, the people who create and operate it, anyone who works on it or for it, and their successors, assigns, licensors and service providers.

23. Disclaimers

23.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT THE LAW ALLOWS, THE HYPEFINDR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

23.2 WITHOUT LIMITING SECTION 23.1, THE HYPEFINDR PARTIES DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL CODE;
• ANY LOCATION, MAP, DIRECTION, DISTANCE, EVENT TIME, "LIVE NOW" INDICATOR, SCORE OR OTHER INFORMATION IS ACCURATE, COMPLETE OR CURRENT;
• ANY EVENT EXISTS, IS LAWFUL, IS SAFE, IS AS DESCRIBED, OR WILL TAKE PLACE;
• ANY USER IS WHO THEY CLAIM TO BE, IS THE AGE THEY CLAIM, OR IS SAFE TO MEET;
• MODERATION, AGE GATES, BLOCKING OR REPORTING TOOLS WILL DETECT OR STOP HARMFUL CONTENT OR CONDUCT;
• ANY STREAM, POST, CHAT MESSAGE, NOTIFICATION OR OTHER CONTENT WILL BE DELIVERED OR STORED.

23.3 No professional advice; your wellbeing. Nothing on the Services is legal, medical, safety, travel or other professional advice. You control how much you use the Services. Use notification settings, take breaks, and stop using the Services if they affect your sleep, mood, safety, relationships, school or work. If you are struggling, call or text 988 in the United States, or contact a local crisis line.

23.4 Other people's conduct. THE HYPEFINDR PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, HOST, VENUE, ATTENDEE OR OTHER THIRD PARTY.

23.5 Some jurisdictions do not allow the exclusion of certain implied warranties. In those jurisdictions, implied warranties are limited to the shortest period and narrowest scope the law allows.

24. Assumption of risk and release

24.1 The risks are real. Attending events, going to places shown on the map, streaming in public, and meeting people you found through the Services carry inherent risks. These include: injury, illness and death; assault, sexual assault, robbery and theft; fraud and scams; crowd surges and crushes; fights, riots, weapons and shootings; police activity, detention and arrest; fire, structural collapse and weather; traffic and transportation accidents; alcohol, drugs and spiked drinks; exposure to contagious disease; hearing damage; property damage and loss; harassment, stalking and loss of privacy; being filmed or streamed by others; and emotional distress.

24.2 You assume them. YOU VOLUNTARILY ASSUME ALL OF THESE RISKS, KNOWN AND UNKNOWN, WHETHER CAUSED BY OTHER USERS, HOSTS, VENUES, OTHER THIRD PARTIES, OR CONDITIONS AT ANY LOCATION.

24.3 Release. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE AND FOREVER DISCHARGE THE HYPEFINDR PARTIES FROM ALL CLAIMS, DEMANDS, DAMAGES, LOSSES AND LIABILITIES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO: (A) ANY EVENT, GATHERING, LOCATION OR STREAM YOU LEARNED OF, ATTENDED, HOSTED OR WATCHED THROUGH THE SERVICES; (B) THE CONDUCT OF ANY USER OR THIRD PARTY, ONLINE OR OFFLINE; (C) ANY DISPUTE BETWEEN YOU AND ANY OTHER USER, HOST, VENUE OR THIRD PARTY; (D) ANY USER CONTENT; AND (E) YOUR RELIANCE ON ANY LOCATION, MAP, SCORE, LABEL OR OTHER INFORMATION IN THE SERVICES. THIS RELEASE INCLUDES CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF ANY HYPEFINDR PARTY. IT DOES NOT RELEASE CLAIMS FOR GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, INTENTIONAL HARM, OR ANY CLAIM THE LAW DOES NOT ALLOW TO BE RELEASED.

24.4 Unknown claims. If you are a California resident, you waive California Civil Code § 1542, which says: "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." You waive every similar law in any other jurisdiction.

25. Limitation of liability

25.1 NO INDIRECT DAMAGES. TO THE FULLEST EXTENT THE LAW ALLOWS, THE HYPEFINDR PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

25.2 CAP. TO THE FULLEST EXTENT THE LAW ALLOWS, THE TOTAL LIABILITY OF ALL HYPEFINDR PARTIES COMBINED, FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID HYPEFINDR IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM.

25.3 ALL THEORIES. SECTIONS 25.1 AND 25.2 APPLY TO EVERY THEORY OF LIABILITY, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, DESIGN DEFECT, FAILURE TO WARN AND STATUTE. THEY APPLY TO CLAIMS ABOUT THE DESIGN, FEATURES, ALGORITHMS, RECOMMENDATIONS, NOTIFICATIONS, SCORES OR STREAKS OF THE SERVICES. THEY APPLY EVEN IF A HYPEFINDR PARTY WAS TOLD THE DAMAGES WERE POSSIBLE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

25.4 What is not limited. Nothing in these Terms limits liability for gross negligence, fraud, willful misconduct, or death or personal injury caused by a Hypefindr Party's negligence where the law does not allow that liability to be limited, or any other liability that cannot be limited by law. Some jurisdictions do not allow certain limits, so some of them may not apply to you.

25.5 Basis of the bargain. The disclaimers, release and limits in this Part are an essential part of the agreement between you and Hypefindr. We offer the Services free of charge in reliance on them.

26. Indemnity

26.1 You will defend, indemnify and hold harmless the Hypefindr Parties from and against all claims, demands, suits, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use or misuse of the Services;
• your User Content;
• any event you list, host or promote, including any injury, loss or damage suffered by anyone who attends it;
• any stream you broadcast, including claims by people who appear in it, venues, and copyright or broadcast rights holders;
• your breach of these Terms or any incorporated policy;
• your violation of any law or of anyone's rights; and
• your interactions with any other user or third party.

26.2 We may control the defense of any claim covered by this Section, at your expense, and you will cooperate with us. You may not settle any such claim without our prior written consent.

Part 6. Disputes

27. Governing law, venue and time limit

27.1 Governing law. The laws of the State of Minnesota, United States, govern these Terms and any Dispute (defined in Section 28.1), without regard to conflict-of-law rules. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs Section 28. If you live outside the United States, Section 28.13 also applies.

27.2 Courts. Any Dispute that is not arbitrated will be decided only in the state or federal courts located in Rice County, Minnesota. You and Hypefindr consent to the personal jurisdiction of those courts and waive any objection to venue there. This does not limit Section 28 or Section 28.13.

27.3 One-year time limit. To the extent the law allows, any claim arising out of or relating to these Terms or the Services must be filed within one year after the claim arises. Otherwise it is permanently barred.

28. Binding individual arbitration and class-action waiver

28.1 What must be arbitrated. Except as stated in Sections 28.2 and 28.13, you and Hypefindr agree to resolve every dispute, claim or controversy between us, of any kind, arising out of or relating to these Terms, the Services, your data, our communications with you, or our relationship (a "Dispute") by binding individual arbitration. This includes Disputes that arose before you accepted these Terms, and Disputes based on contract, tort, statute, fraud, misrepresentation or any other legal theory.

28.2 What is not arbitrated. Either party may bring:

• an individual claim in small claims court, as long as it stays there and proceeds only individually;
• a claim for infringement or misappropriation of intellectual property, in court;
• a claim for an injunction to stop unauthorized access to, or abuse or disruption of, the Services, in court.

In addition, if you bring a claim of sexual assault or sexual harassment, you may choose to bring it in court rather than arbitration, as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 provides.

28.3 Informal resolution first. Before starting arbitration or a small claims case, the party with a Dispute must send a written Notice of Dispute. Your notice goes to hype.hypefindr@gmail.com, with the subject "Notice of Dispute," and to 300 North College Street, Northfield, Minnesota 55057, United States. It must include your name, the email or phone number on your account, a description of the Dispute, and the relief you want, and you must sign it personally. Our notice goes to the email or phone number on your account. For 60 days after the notice is received, we will try in good faith to resolve the Dispute. During that period, either party may request an individual settlement conference, by phone or video, which you and a Hypefindr representative must attend personally (lawyers may also attend). Completing this process is a condition to starting arbitration. Statutes of limitation and filing deadlines are paused while it runs.

28.4 Rules and arbitrator. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, as modified by this Section 28. Those rules are at adr.org. If the AAA is unavailable, the parties will agree on another administrator, or a court will appoint one. A single arbitrator will decide the Dispute. The arbitrator may award the same individual relief a court could award to an individual, and must follow these Terms. Any hearing will take place by video or phone, or in the county where you live, as the arbitrator decides. If your claim is for $25,000 or less, the arbitration will be decided on written submissions unless the arbitrator decides a hearing is needed.

28.5 Fees. Payment of filing, administration and arbitrator fees follows the AAA's consumer fee schedule. For a non-frivolous claim you bring, we will pay any of those fees that exceed your filing fee. If the arbitrator finds that a claim, or the relief sought, was frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b), the arbitrator may reallocate fees. Each party pays its own attorneys' fees unless the law or the arbitrator's award under applicable law provides otherwise.

28.6 CLASS-ACTION WAIVER. YOU AND HYPEFINDR MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any representative proceeding, except as Section 28.8 allows for administration. If a court decides that this class-action waiver cannot be enforced for a particular claim or remedy, that claim or remedy (and only that one) must be severed and decided in court, never in class arbitration, after the arbitration of all other claims. If you seek public injunctive relief that the law does not allow to be waived, that request will be decided by a court after the individual claims are arbitrated, and the court case will be paused until then.

28.7 JURY WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND HYPEFINDR WAIVE THE RIGHT TO A JURY TRIAL.

28.8 Mass filings. If 25 or more demands for arbitration raising substantially similar claims are filed by or with the help of the same or coordinated lawyers or organizations (a "Mass Filing"), these procedures apply in addition to the AAA's rules:

1. Each demand must still go through the informal resolution process in Section 28.3.
2. The lawyers for the claimants and Hypefindr will each select 10 demands, which proceed first as bellwether arbitrations. The other demands are held. They are not considered filed, and no fees for them are due, until they are released under this Section.
3. After the bellwether arbitrations are decided, the parties will attend a single global mediation, with the mediator's fees paid by Hypefindr.
4. If the remaining demands are not resolved, they proceed in batches of up to 100, with one arbitrator per batch where the administrator allows.
5. Statutes of limitation and filing deadlines for every held demand are paused from the date the Mass Filing is first submitted until that demand is released.
6. A court has authority to enforce this Section 28.8, including by staying held demands and deciding fee disputes. If a court decides this Section 28.8 cannot be enforced as to any demand, that demand proceeds individually in court.

28.9 Who decides arbitrability. The arbitrator decides all questions about the scope, interpretation, enforceability and formation of this Section 28, except that a court decides questions about Section 28.2, Section 28.6, Section 28.8, Section 28.10 and Section 28.13.

28.10 Your right to opt out. You may opt out of this Section 28 within 30 days after you first accept these Terms. Email hype.hypefindr@gmail.com with the subject line "Arbitration Opt-Out," giving your name, username, and the email or phone number on your account, and saying you opt out of arbitration. Opting out does not affect any other part of these Terms. An opt-out you made under an earlier version of these Terms remains valid.

28.11 Changes to this Section. If we make a material change to this Section 28, you may reject it by emailing hype.hypefindr@gmail.com within 30 days after it takes effect. If you do, the most recent version of Section 28 that you accepted continues to apply. No change applies to a Dispute for which a Notice of Dispute was already sent.

28.12 Severability and survival. If any part of this Section 28, other than Section 28.6, cannot be enforced, it is severed and the rest stays in effect. This Section 28 survives termination of your account and of these Terms.

28.13 Users outside the United States. If you live in the European Economic Area, the United Kingdom, Switzerland, or any other country whose law does not allow consumers to be bound by arbitration agreements or class-action waivers, Section 28 does not apply to you. You may bring a claim in the courts where you live, and the mandatory consumer protection laws of your country apply alongside Minnesota law. Nothing in these Terms takes away a right those laws give you.

Part 7. General terms

29. General

29.1 Entire agreement. These Terms, with the documents incorporated in Section 1.3, are the entire agreement between you and Hypefindr about the Services. They replace all earlier agreements and understandings on that subject.

29.2 Assignment. You may not assign or transfer these Terms or any right under them. We may assign or transfer them, in whole or in part, without your consent, including to a company formed to run Hypefindr, or in a merger, acquisition, reorganization or sale of assets.

29.3 Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent possible and the rest of these Terms stays in effect. Section 28.6 is governed by its own severability rule.

29.4 No waiver. Our failure or delay in enforcing any provision is not a waiver of our right to enforce it later.

29.5 Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control. These include outages of internet, cloud, mapping, streaming or telecommunications providers; cyberattacks; natural disasters; pandemics; war; terrorism; civil unrest; labor disputes; and government action.

29.6 Relationship. No agency, partnership, joint venture, employment or fiduciary relationship exists between you and Hypefindr because of these Terms or your use of the Services.

29.7 Third-party beneficiaries. The Hypefindr Parties are third-party beneficiaries of Part 5 and Section 28. Apple is a third-party beneficiary as stated in Section 30. Otherwise, these Terms create no rights for anyone else.

29.8 Interpretation. "Including" means "including without limitation." Headings are for convenience only. These Terms will not be interpreted against either party because that party drafted them. If we provide a translation, the English version controls.

29.9 Your rights under law. Nothing in these Terms limits any right you have under a law that cannot be waived or limited by contract. If you live in a place whose law makes any part of these Terms unenforceable against you, that part does not apply to you, and the rest of these Terms does.

29.10 California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

30. Apple App Store terms

If you downloaded the app from the Apple App Store, these terms also apply and control over anything in these Terms that conflicts with them:

1. These Terms are between you and Hypefindr only, not Apple. Hypefindr, not Apple, is solely responsible for the app and its content.
2. Your license to use the app is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Apple has no obligation at all to provide maintenance or support for the app.
4. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app, if any. To the maximum extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses from any failure to conform to a warranty are Hypefindr's responsibility, to the extent not disclaimed in these Terms.
5. Hypefindr, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
6. If a third party claims that the app or your possession or use of it infringes their intellectual property rights, Hypefindr, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
8. You must comply with applicable third-party terms, such as your wireless carrier's terms, when using the app.
9. Questions, complaints or claims about the app go to Hypefindr at the contact details in Section 32.
10. Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

31. Other app stores

Hypefindr is currently available only for iPhone, from the Apple App Store. If we offer the app through another store, that store is not a party to these Terms, and its own terms also apply to your download and use of the app.

32. Contact

Hypefindr, 300 North College Street, Northfield, Minnesota 55057, United States

Email hype.hypefindr@gmail.com for anything about these Terms. Put one of these in the subject line so your message is handled correctly: "Legal Notice," "Notice of Dispute," "Arbitration Opt-Out," "Account Security," "Safety," "Privacy Request," "Copyright," "Security" or "Law Enforcement."