Conditions d'Utilisation(Terms of Service)
This is an Agreement between you and Stonecast Financial LLC, an Indiana Limited Liability Company with registered office at 9165 Otis avenue, Suite 238, Indianapolis, IN 46216, USA (hereinafter – “HypeAuditor”) that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and online services (referred to collectively as the “Services”) we make available through https://hypeauditor.com/ (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.
1. Agreement Acceptance
All of the terms of the Agreement including Data Processing Addendum apply without modification by you and together constitute legally binding terms between you and HypeAuditor. By using or accessing the Site and/or Services, you understand and agree to abide by these Terms of Service whether on your own behalf or on behalf of a legal person you represent. If you are entering into these Terms on behalf of a legal person, you represent that you have the authority to bind the legal person and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to that legal person and its affiliates. If you do not agree, you may not use or access the Sites and Services.
From time to time, HypeAuditor may revise, amend or otherwise change these Terms without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must stop using the Services.
3. Your Use of The Services
3.1. Our online platform is served to produce searches for accounts on social networks that are publicly available. In particular, the online platform enables you to evaluate the quality of a user`s subscribers and thereby distinguish real subscribes from those being automatically and dishonestly generated. After the Services have been provided to you, you are provided with the report (hereinafter "The Report").
3.2. HypeAuditor provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Site. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must not obscure, alter, remove or delete any copyright or other proprietary notices contained in the Services. You will not copy, modify, adapt, translate or otherwise create derivative works of any of the Services obtained from the Site. You warrant that you will not attempt or assist others to attempt or actually reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. You agree to comply with all applicable laws and regulations in your use of and access to the Site and Services.
3.3. You will be required to successfully sign up for a personal account (the “Personal Account”) and be issued with a username and password login (“User ID”) in order to use the Services. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of HypeAuditor, including account names. HypeAuditor reserves the right to disable any Personal Account issued to you at any time at HypeAuditor’s sole discretion. If HypeAuditor disables access to a Personal Account issued to you, you may be prevented from accessing HypeAuditor, your account details or any Campaigns that are associated with your account.
3.4. By registering with HypeAuditor you agree to receive emails, including but not limited to: newsletters, product updates, opportunities. You will be able to unsubscribe from each group.
3.6. You consider it reasonable and agree that you responsibly use, transfer and process of the personal data transferred to you from HypeAuditor. From the moment the data is transferred to you, we cannot reasonably assume what your true purpose is. Therefore, we warn you that if the data received from us is used illegally or outside the scope of legitimate interest, you will be held liable for violation of the provisions of the GDPR and any applicable data protection legislation.
3.7. You consider it reasonable and agree that you are responsible to notify the data subject that you ordered the processing of their personal data and receive a report from HypeAuditor, which contains the following data: profile name, avatar, a profile description, likes, commenters, e-mail, audience type, topics and interests of the audience, age of the audience, earnings, history of profile development, the authenticity of the audience set.
4. Provision of The Services
4.1. You understand and agree that HypeAuditor may modify, terminate, suspend, or otherwise adjust any and all aspects of the Services at any time without prior notice to you.
4.2. You acknowledge and agree that HypeAuditor can disable access to Services for non-payment or other material breach of the Terms, for which, you may be prevented from accessing your files or other content which is contained within HypeAuditor’s Site or Services.
4.3. You acknowledge and agree that you are allowed to use only a single account per person.
4.4. HypeAuditor can use the collected data itself as a marketing advertiser. This Report will be identical to a regular Report provided to any Customer. Such Reports are subject to rules and laws applicable to all Hype Auditor activities.
As part of the registration process, you may be required to provide certain information including, but not limited to, your name, the business name, address, phone number and email address. You agree that any registration information you give to HypeAuditor will always be accurate, correct and up to date. You are responsible for protecting any tokens, keys or passwords for HypeAuditor’s Site and Services from unauthorized access. You will be held responsible for any activity that occurs under your tokens, keys or passwords. You are solely responsible for any and all activity that occurs on or through your tokens, keys or passwords. You agree to notify HypeAuditor immediately of any unauthorized use of your tokens, keys, passwords or any other breach of security. HypeAuditor may access your tokens, keys, passwords from time to time to provide You assistance with technical or billing issues or in order to maintain or improve the Services.
6.1. We comply with the General Data Protection Regulation EU 2016/679 (GDPR). Click HERE to learn more.
6.2. Important information for data controllers: you acknowledge that when processing personal data of individuals, you may become a data controller and you must comply with GDPR.
6.3. If you are an individual and process personal data in the course of a purely personal or “household” activity, you may be exempt from the application of GDPR. If you are unsure whether this exemption applies, please, obtain legal advice.
6.4. If you are a legal person, you may become a data controller for the purposes of GDPR when you process personal data about natural persons. This is the case whether you obtain personal data through Us or through any other third party (for instance, if you manually compile your own database from Instagram). If GDPR applies to you, you hereby confirm that you and Us (the “Parties”):
1 ) with respect to the Services where each (you and Us) independently determines the purposes and means of the processing of personal data, and neither of the Parties processes personal data on behalf of the other Party,
- We and you act as independent controllers; and
- the Parties do not jointly determine the purposes and means of the processing and do not act as joint controllers; and
- each of the Parties shall independently take all necessary measures to comply with applicable data protection laws;
2 ) with respect to the Services (e.g. Campaign Management) where you determine the purposes and essential means of the processing of personal data (e.g. which and whose personal data to process, how long to store them), and We may determine technical means of the processing of personal data (e.g. where and how to search, collect, store the personal data), and We process personal data on your behalf or on your orders and in your interests,
- You act as controller, and
- We act as processor, and
- this DATA PROCESSING AGREEMENT (CONTROLLER-TO-PROCESSOR) applies and enters in force between the Parties.
6.5. If the data subject requests information about the customer who received the personal data of the data subject, HypeAuditor is obliged to perform and performs the transfer of all information about you to that data subject.
6.6. If you have transferred The Report received when using our service to third parties, you are obliged to inform us of the entire chain of persons to whom such a Report was transferred, within 72 hours after the HypeAuditor's request.
6.7. Prohibited Email Actions
1 ) You may not use Services to send spam. In particular, you may not use Campaign Management for spam mailing. Spam exists both in the form of influencer outreach and in form of one-to-one commercial emails.
Influencer outreach is spam when it is unsolicited. Unsolicited means the recipient has not granted consent for such mailing.
One-to-one commercial emails are spam when where the personal data processed for purposes of sending that email has no legal basis under GDPR (e.g. data subject’s consent, legitimate interest) and you fail to inform data subject on his/her personal data processing and on legal basis of such processing.
You may not use Services in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) spam; (b) email to an address obtained via Internet harvesting or scrapping methods; (c) email messages in violation of law.
2 ) You may not use any misleading or false names, addresses, email address, or subject line.
Email sent, or caused to be sent to or through the Services may not (without limitation): (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party's internet domain name without their consent, or be relayed from or through a third party's equipment without the third party’s permission; (f) infringe Our or third parties’ trademarks and misuse domain names; (g) contain illicit, obscene information, slender, libel, defamation, (h) containing suspicious and illegal content, false or misleading information, (i) invite (directly or indirectly) to a crime or violation of law, (j) contain purchase lists.
6.8. Warranties and Indemnification
6.8.1. With respect to the Services where You are controller and We are processor (e.g. Campaign Management) or where You are controller data-transmitter (“data-transmitter”) and We are controller data-receiver (“data-receiver”):
1 ) Controller / data-transmitter warrants that all personal data transferred or otherwise provided by controller to processor / by data-transmitter to data-receiver, had been collected by controller / data-transmitter on legal basis in compliance with the applicable law and with respect of data subjects’ rights and freedoms.
2 ) Controller that all personal data collected by processor on behalf of controller or otherwise under orders of or for purposes determined by controller, will only be used or otherwise processed by controller in compliance with the applicable law.
3 ) In case of claims against processor / data-receiver in connection with personal data specified in §(1), and in case of claims against processor in connection with controller’s processing activities outlined in §(2), controller / data transmitter (and controller respectively) shall defend, indemnify and keep processor / data-receiver (and processor respectively) harmless, unless such claims have been arisen of processor’s / data-receiver’s (processor’s respectively) fault.
6.8.2. You shall defend, indemnify and keep us harmless in case of claims in connection of Your breach of clause 6.7 hereof or other breach of law cause by your use of Services.
6.9 We also inform you that we are not responsible if mail services such as Google in any way restrict the use of your mail due to mass mailing to bloggers via Campaign Management.
7. Charged Services
7.1. HypeAuditor supports a variety of payment methods for customers, including bank transfers, credit cards, debit cards, PayPal, and bank wires.
HypeAuditor at this time supports PayPal and bank wires. As soon as we have additional opportunities for payment services we will inform you appropriately and amend this Agreement
You shall have the right to select any payment service provider available. You agree that HypeAuditor is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction. All payments to HypeAuditor include the above-mentioned fees and commission, if applicable.
7.2. In order to get access to the Service you need to choose a pricing plan https://hypeauditor.com/pricing/ and pay it via bank transfer, credit card, debit cards, PayPal or bank wires.
7.3. If you choose report's subscription, you have to know that our subscriptions are automatically renewed for the same period unless you cancel before 23:59 Eastern time on the last day of the current subscription.
If you do not renew your report's subscription, all unused reports will be annulated.
If you have not spent the purchased reports before the subscription expiration date, they will be annulated.
Hype Auditor blocks access to the Site the day after your report’s subscription ends.
Payment for reports cannot be refunded.
7.4. If you choose one of our’s subscription plan, you have to know that our subscriptions are automatically renews for the same period unless you cancel before 23:59 Eastern time on the last day of the current subscription.
7.5. To cancel your subscription you have to contact with our support via email - email@example.com.
7.6. Funds charged for the extended subscription will not be refunded.
7.7. All fees are inclusive of VAT where applicable. In certain circumstances fees will not be subject to VAT but you may be liable to indirect taxes in your own country. HypeAuditor recommends that you research whether you are liable to declare such taxes to the relevant tax authorities.
7.8. HypeAuditor does not store credit/debit card information.
8.1. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and the analysis of the data/content is based on what third-party data sources provide to HypeAuditor. The data/content is based on publicly available data/content and HypeAuditor does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third party sites and such third parties may prevent HypeAuditor from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent HypeAuditor from using certain data/content or providing it to you. You agree that you shall evaluate and bear all risks associated with the Services, including any reliance on the accuracy, completeness, or integrity of such Services. By using the Site and Services, you represent and warrant that you have such knowledge and experience in financial and business matters that you are capable of evaluating the merits and risks of the information made available in the Site and Services, and make effective use of the Services provided by HypeAuditor as an analytical tool. You acknowledge that the Services are made available to you without any warranties of any kind. By using the Services you understand and agree that your use of the Services is at your sole discretion and risk.
8.2. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that HypeAuditor is not responsible for the availability of, or the materials located on or through, any External Sites.
8.3. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that HypeAuditor shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
8.4. You shall acknowledge HypeAuditor as the source of the data/content; if you use/show data/content from HypeAuditor online, you shall link to HypeAuditor website, place the HypeAuditor logo and credit the source as follows: “powered by HypeAuditor”.
You may only use the Service as specified above. You are restricted from using the Service for any other usage, including:
9.1. Usage of Service in excess of:
- 5000 search requests per month under Influencer Discovery module;
- 5 requests to Site per second;
- 1 account per person;
9.2. Use of Charged Services if you have no paid reports or active Subscription.
9.3. Use of any means to modify or reroute the Service.
9.4. You are prohibited from using the data/content collected from our Service after Hype Auditor or data subject request to remove it. Such data/content must be deleted within 72 hours of receiving the notification. Also, in the event of a request from the Data Subject for the deletion of its information, you are obliged to ensure that the above information is deleted by all persons/companies/auditors to whom such information was transferred.
9.5. Broadcast, reproduce, republish, post, transmit or distribute any part of the Services (other than as specifically allowed pursuant to these Terms).
9.6. Assign, syndicate, resell or otherwise transfer or make available information obtained via the Service to third parties (unless you have specific written agreement with HypeAuditor for this).
9.7. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Service, or otherwise attempt to discover any source code, or allow any third party to do so.
9.8. Use the Services in any way that harms HypeAuditor, its affiliates, resellers, distributors, customers, service providers and/or suppliers, as determined by HypeAuditor in its sole discretion;
9.9. Use the Services in any manner that could damage, disable, overburden, or otherwise harm the Services and/or Site or interfere with any other party's use and enjoyment of the Services and/or Site;
9.10. Use any meta tags or any other "hidden text" utilizing HypeAuditor's name or trademarks without the prior written consent of HypeAuditor;
9.11. Display the Site in frames or utilize any other techniques to display the Site (or any content on the Site) without the prior written consent of HypeAuditor;
9.13. Use the Services to "stalk" or otherwise harass another; and/or collect or store personal data about any other person.
9.14. Employ any technique to compile any false or misleading information or content;
9.15. Harm minors in any way;
9.16. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
9.17. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
9.18. Use the Services in any manner that violates or infringes the rights of any third parties, including without limitation copyright, trademark, patent publicity, or other proprietary rights;
9.19. Use the Services to gain unauthorized access to any third party services, user accounts, computer systems, or networks;
9.20. Use the HypeAuditor domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate HypeAuditor or any other third party;
9.21. Create multiple tokens, keys or passwords for disruptive or abusive purposes, or with overlapping use cases. Mass tokens, keys or passwords creation may result in suspension of all related tokens, keys or passwords. Please note that any violation of these Terms of Service is cause for permanent suspension of all tokens, keys or passwords.
9.22. Any attempt to utilize automated programs, bots, screen scraping or any other means of gathering data other than through our currently available API is strictly prohibited.
9.23. YOU ACKNOWLEDGE AND AGREE THAT IN CASE WE DETECT MULTIPLE ACCOUNTS OR/AND PROMOTION PLANS ESTABLISHED FOR ONE PERSON, WE AT OUR SOLE DISCRETION MAY, WITHOUT WARNING AND REFUND, TERMINATE SUCH MULTIPLE ACCOUNTS OR/AND PROMOTION PLANS.
You grant HypeAuditor the right to add your name and company logo to its customer list and web site. Except for the foregoing, neither party may use the other party’s name or logo without the other party's prior written consent.
11. Cancellation or Termination
11.1. You may cancel the Services at any time, with or without cause. You understand and accept that by cancelling the Services: i) you may not receive a refund; ii) you may be obligated to pay all charges due until the end of the subscription; iii) you may lose access to and use of your keys or passwords and any Services.
11.2. You acknowledge and agree that HypeAuditor may terminate your keys or passwords for cause with or without prior notice to you. Cause for termination includes but is not limited to infringement or violation of the Terms, in particular but not limited to violation of clauses 8.4, 9.1 and 9.2 thereof, partial or complete discontinuance of the Services and/or Site, extended periods of inactivity, request to do so by law, and non-payment of fees or charges owed by you to HypeAuditor.
11.3. Cancellation or termination will result in immediate cessation of access to the Services, and deletion of your keys or passwords and all Services contained therein. All terminations are at the sole discretion HypeAuditor, and you agree that HypeAuditor shall not be liable to you or any third party as a result of termination.
11.4. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement to you will immediately cease to exist and you will irrecoverably delete any and all data you received from HypeAuditor. Sections 6 to 10, and 15, as well as your obligation to pay any fees applicable, including but not limited to those under sub-clause 11.1 (ii) above, will survive any expiration or termination of this Agreement for any reason.
11.5. There will be no refunds for partial use of Service, upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond HypeAuditor control. In order to treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of content, features. HypeAuditor does not accept any liability for such loss. HypeAuditor reserves the right to suspend or terminate your access to the Services for nonpayment. If your Subscription is terminated for any reason, you are still liable for a remaining unpaid period of your Subscription if your Subscription is purchased on monthly basis. HypeAuditor may recover such payments due and in that case you will bear all the expenses related to such recovery or/and debt collection.
12. Proprietary Rights
You acknowledge and agree that the Site and Services are the exclusive property of HypeAuditor and except as may be otherwise provided herein, HypeAuditor does not grant any express or implied right in them to you. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. HypeAuditor owns the copyright for the Site as a compilation, and all Services accessible from the Site. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of HypeAuditor or its content suppliers and protected by international copyright laws. Any third party marks displayed on the Site and/or Services are the property of their respective owners. You further acknowledge that the Services may contain information which is designated confidential and that you shall not disclose such information without HypeAuditor’s prior written consent.
13. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or: Stonecast Financial LLC, 9165 Otis ave., Suite 238, Indianapolis, IN 46216, USA.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYPE AUDITOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THIS SITE OR CREATED BY THE SERVICES. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SERVICES. HYPE AUDITOR MAKEs NO WARRANTY THAT i) THE SERVICES WILL MEET YOUR REQUIREMENTS: ii) THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED; iii) ANY ERRORS WILL BE CORRECTED; AND iv) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY SERVICES DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND HYPE AUDITOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL IT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYPE AUDITOR OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. IN NO EVENT SHALL THE LIABILITY OF HYPE AUDITOR OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH SERVICES. FURTHERMORE, HYPE AUDITOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
15. Governing Law and Jurisdiction
15.1. These Terms shall be governed and construed in accordance with the laws of Indiana, United States, without regard to its conflict of law provisions.
15.2. In case such dispute, controversies or differences, cannot be settled amicably through negotiations within a thirty 30-day period it or they shall be settled by the American Arbitration Association (the AAA) in accordance with its International Expedited Procedures.
- The number of arbitrators shall be one.
- The place of arbitration shall be Indianapolis, Indiana.
- The arbitration shall be held, and the award rendered, in English.
- The appointing authority shall be the AAA acting in accordance with the rules adopted by the AAA for this purpose.
Each party shall bear its own expenses, but Parties shall share equally in the expenses of the arbitration tribunal.
Effective Date: November 10, 2021