Agreement to these Terms

These Terms of Use (the “Terms”) are a binding agreement between you and Brave LLC, a Delaware limited liability company (“Brave,” “HYPE,” “we,” “us,” or “our”). They govern your access to and use of the HYPE mobile application, usehype.app, link.usehype.app, and related features, content, and services (collectively, the “Service”). By downloading, accessing, creating an account for, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

IMPORTANT: THE DISPUTE RESOLUTION SECTION REQUIRES MOST U.S. DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION AND INCLUDES CLASS-ACTION AND JURY-TRIAL WAIVERS. IT ALSO EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.

Eligibility, age, and parent or guardian responsibility

You must be at least 13 years old to use HYPE. If you are under the age of legal majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms and permits you to use the Service. A parent or guardian who permits a minor to use HYPE agrees to these Terms on the minor’s behalf and is responsible for the minor’s use of the Service to the extent permitted by law.

You may use HYPE only if you can legally enter this agreement, are not prohibited from receiving the Service under applicable law, and satisfy HYPE’s current school, geographic, account, and eligibility requirements. We may require evidence of age, identity, authority, school affiliation, or guardian permission and may deny or terminate access if we reasonably believe eligibility requirements are not met.

Independent service; no school affiliation

Brave LLC offers HYPE independently. Dr. Ronald E. McNair Academic High School, the Jersey City Board of Education, and any other referenced school or school authority do not sponsor, endorse, administer, control, or assume responsibility for HYPE unless Brave expressly states otherwise in writing. School names identify the community for which a pilot is configured and do not imply a partnership.

Accounts and school eligibility

You must provide accurate, current, and complete information; use a name and profile that classmates can recognize; use only a phone number you are authorized to use; join only a school you currently attend; and keep your phone, verification codes, and account access secure. You may not impersonate another person, create deceptive or duplicate accounts, transfer an account, sell access, or allow another person to use your account.

HYPE uses phone verification and regional school-access checks, but no verification method is perfect. You are responsible for activity conducted through your account until you notify us of suspected unauthorized access. We may reject usernames, profile photos, or other account information and may reclaim usernames at any time, including after account suspension, deactivation, or deletion.

Limited license to use HYPE

Subject to your continuous compliance with these Terms, Brave grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Service on an Apple device you own or control solely for personal, noncommercial use. All rights not expressly granted are reserved by Brave and its licensors.

• You may not copy, modify, translate, distribute, sell, lease, sublicense, or create derivative works from the Service.
• You may not reverse engineer, decompile, disassemble, discover source code or underlying ideas, or bypass technical restrictions except to the limited extent applicable law expressly prohibits that restriction.
• You may not use HYPE branding, interfaces, content, data, or software to build, train, benchmark, improve, or market a competing product or automated system without our prior written permission.

Brave’s ownership

The Service—including its software, visual design, interfaces, poll catalog, artwork, HYPE name, logos, flame designs, HYPEcode designs, text, graphics, compilations, and all related intellectual-property rights—is owned by Brave or its licensors and is protected by law. These Terms do not transfer any ownership interest to you. You may not remove proprietary notices or use our marks in a way that suggests sponsorship, endorsement, or affiliation.

Your content and permissions to Brave

You retain whatever ownership rights you have in profile photos, names, support submissions, and other material you provide to HYPE (“User Content”). You represent that you have all rights and permissions needed to provide User Content and that it does not violate law or another person’s rights.

You grant Brave and its affiliates, service providers, successors, and assigns a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, adapt, modify, display, distribute, and otherwise use User Content as reasonably necessary to operate, secure, improve, promote, and provide the Service and to comply with law. This license lasts while the content is used by the Service and for a reasonable period afterward in backups, legal records, or material another user lawfully retained, subject to our Privacy Policy and applicable law.

You grant Brave a perpetual, irrevocable, worldwide, royalty-free right to use, commercialize, disclose, reproduce, modify, and incorporate any feedback, suggestions, or ideas you voluntarily provide, without restriction, attribution, or compensation.

Polls, anonymity, and social visibility

HYPE controls the available poll prompts, candidate eligibility, delivery timing, and product presentation. A recipient generally receives a broad sender signal such as grade and gender—not the sender’s identity—but Brave retains the underlying event and account association to operate, secure, analyze, and enforce the Service. You have no right to learn an anonymous sender’s identity or the identities of recipients selected for Boost fulfillment.

HYPE may show limited account and activity information to eligible classmates, accepted friends, recipients, or people who possess a shared Profile link, as described in the Privacy Policy. Do not treat HYPE signals as verified statements about identity, intent, popularity, compatibility, or personal relationships.

Coins and Boosts

Coins are limited, revocable, non-transferable digital access features licensed by Brave. They are not money, property, stored value, cryptocurrency, or a promise of any monetary benefit; have no cash value; cannot be sold, transferred, redeemed, or exchanged outside HYPE; and may not be inherited. Brave may determine, change, correct, reduce, revoke, or discontinue Coin earning, balances, costs, limits, and uses at any time, including to address errors, abuse, legal requirements, or product changes.

Random Boosts and Crush Boosts provide only the server-controlled placement opportunity described in the Service. They do not guarantee that another user will answer, choose you, see a specific prompt, respond within any time, or produce a desired outcome. HYPE validates eligibility before charging. Once a valid Boost purchase succeeds, it is final and nonrefundable, has no time-based expiry, and may be closed as unfulfilled without returning Coins if later fulfillment becomes impossible. Failed or duplicate requests are not intended to be charged; we may correct errors in our discretion.

Pilot V1 does not offer real-money Coin purchases or paid subscriptions. We may introduce, modify, or discontinue virtual or paid features later under additional terms and applicable platform rules.

Acceptable use

You must use HYPE lawfully, safely, and only for its intended positive social-polling purpose. Brave may investigate conduct and take any action it considers appropriate, including restricting visibility, removing content, preserving evidence, suspending or terminating accounts, and contacting a school, parent or guardian, service provider, or law-enforcement authority when permitted or required by law.

• Do not bully, harass, threaten, exploit, stalk, defame, discriminate against, sexualize, embarrass, deceive, or endanger another person.
• Do not submit unlawful, infringing, hateful, sexually explicit, violent, invasive, fraudulent, malicious, or otherwise objectionable content.
• Do not attempt to identify an anonymous sender, evade a block, contact someone who has blocked you, manipulate candidate selection, manufacture HYPE, exploit invitations, or abuse Coins or Boosts.
• Do not scrape, crawl, index, harvest, export, sell, broker, or commercially use student information, Service data, contacts, usernames, photos, poll results, or social relationships.
• Do not probe, scan, test, disrupt, overload, damage, or gain unauthorized access to the Service, accounts, devices, networks, APIs, databases, security controls, or geographic restrictions.
• Do not upload malware, automate account activity, use bots or scripts, spam, solicit minors, advertise, run promotions, or use HYPE for commercial or political activity without Brave’s written permission.
• Do not assist another person in conduct prohibited by these Terms.

Invitations, Messages, notifications, and carrier charges

You may send invitations only to people you reasonably believe wish to receive them and only through user-initiated sharing tools. You are responsible for the recipients you select and the messages you send. HYPE does not guarantee delivery, installation attribution, acceptance, or cooldown unlocking. Carrier message and data rates may apply to phone verification, invitations, and use of the Service.

If you enable notifications, Brave may send account, safety, activity, poll, friend, or product notifications. Delivery is not guaranteed. You can manage notification permission in iOS Settings, but certain essential in-app notices may still appear.

Third-party services and links

The Service relies on or may connect to third parties, including Apple, Supabase, Twilio, Mixpanel, Vercel, Snapchat, Instagram/Meta, telecommunications carriers, and email or support providers. Third-party services are governed by their own terms and policies. Brave does not control and is not responsible for third-party availability, security, content, decisions, charges, or conduct. Your use of a third-party destination is at your own risk.

A successful share handoff means only that HYPE transferred prepared material to the selected app or system. Brave cannot guarantee that a message or story is sent, published, displayed, or retained. Links and HYPEcodes may be copied or forwarded by recipients, and Brave cannot control access outside the Service.

Safety reports, investigations, and enforcement

You may use available blocking tools and contact support@usehype.app about impersonation, harassment, privacy, or safety concerns. Brave may, but is not obligated to, investigate any report; request information; preserve or review relevant records; remove or limit content; change eligibility; warn, suspend, or terminate users; or refer matters to appropriate third parties. We are not required to disclose investigative methods, evidence, enforcement decisions, or another user’s identity or account status.

HYPE is not an emergency service and is not continuously monitored. If anyone may be in immediate danger, contact 911 or the appropriate local emergency service and a trusted adult.

Suspension and termination

Brave may limit, suspend, deactivate, or terminate your account or any part of the Service at any time, with or without notice, if we believe you violated these Terms or another policy; created risk or possible legal exposure; threatened safety, integrity, or operations; failed eligibility requirements; remained inactive; or if suspension otherwise serves Brave, users, or the pilot. To the maximum extent permitted by law, Brave has no liability for such action and may decline to restore an account, username, content, Coins, Boosts, access, or data.

You may stop using HYPE at any time. If you request account deletion, HYPE immediately deactivates normal access and provides a 24-hour recovery period. If you do not recover the account during that period, permanent deletion is scheduled. Deletion and retention are subject to the Privacy Policy, technical processing, lawful exceptions, and records that no longer identify you. Provisions that by their nature should survive—including ownership, licenses, disclaimers, liability limits, indemnity, dispute resolution, and general terms—survive termination.

Changes, experiments, and availability

HYPE is an evolving pilot. Brave may test, add, modify, restrict, suspend, replace, or discontinue any feature, prompt, eligibility rule, school, reward, Coin balance, Boost, content, or the entire Service at any time, with or without notice. We do not promise that HYPE will be available in any location, remain compatible with any device, preserve any feature or data, or operate uninterrupted, securely, or error-free.

We may update these Terms. Material changes will become effective when stated in the notice or posted version, subject to applicable law. Your continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and delete your account. Changes to arbitration will not eliminate a valid opt-out already submitted.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, SIGNALS, FEATURES, REWARDS, AND THIRD-PARTY CONNECTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. BRAVE AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

BRAVE DOES NOT WARRANT THAT USERS ARE WHO THEY CLAIM TO BE; THAT SCHOOL, AGE, LOCATION, CONTACT, FRIEND, POLL, HYPE, ACTIVITY, ANONYMITY, OR NOTIFICATION INFORMATION IS COMPLETE OR ACCURATE; THAT CONTENT WILL BE POSITIVE OR SAFE; THAT ANONYMOUS INFORMATION CANNOT BE INFERRED; OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICE AND INTERACT WITH OTHERS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THIS SECTION MAY NOT APPLY TO YOU.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAVE AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOST PROFITS, REVENUE, DATA, USE, GOODWILL, OR OPPORTUNITIES; PERSONAL OR EMOTIONAL DISTRESS; OR DAMAGES ARISING FROM USER CONDUCT, CONTENT, ANONYMITY, UNAUTHORIZED ACCESS, SERVICE INTERRUPTION, THIRD-PARTY SERVICES, OR INABILITY TO USE HYPE, REGARDLESS OF THEORY AND EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BRAVE AND THE OTHER RELEASED PARTIES FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID BRAVE FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS ARE AN ESSENTIAL BASIS OF THE AGREEMENT AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Brave and its affiliates, owners, directors, officers, employees, agents, licensors, service providers, successors, and assigns from claims, demands, proceedings, liabilities, damages, judgments, losses, costs, and expenses—including reasonable attorneys’ fees—arising from or related to your use or misuse of the Service; your account; User Content; interactions, invitations, or shares; breach of these Terms; violation of law or another person’s rights; or conduct by anyone using your account. Brave may control the defense and settlement of any covered matter, and you will cooperate. You may not settle a claim imposing liability or obligations on Brave without Brave’s written consent. This section does not require a consumer to indemnify Brave for Brave’s own unlawful conduct where prohibited by law.

Dispute resolution, arbitration, and class-action waiver

Informal resolution first. Before starting arbitration or litigation, the claimant must send a written Notice of Dispute to support@usehype.app and Brave LLC, 20 River Court, Jersey City, NJ 07310. The notice must include the claimant’s full name, phone number associated with the HYPE account, contact information, a detailed description of the dispute, supporting facts, and requested relief. The parties will attempt in good faith to resolve the matter individually for 60 days. Applicable limitation periods are tolled during that period.

Binding individual arbitration. Except for the exceptions below, any dispute, claim, or controversy arising from or relating to HYPE, these Terms, or the relationship between you and Brave will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement. The arbitrator may award the same individual remedies a court could award and has exclusive authority to decide issues concerning the interpretation, scope, applicability, or enforceability of this arbitration agreement, except that a court will decide issues concerning the class-action waiver.

No class or representative proceedings. YOU AND BRAVE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT COMBINE CLAIMS OR PRESIDE OVER A REPRESENTATIVE PROCEEDING WITHOUT THE WRITTEN CONSENT OF EVERY PARTY. YOU AND BRAVE WAIVE THE RIGHT TO A JURY TRIAL.

Exceptions. Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or emergency equitable relief in a court of competent jurisdiction to protect intellectual property, privacy, safety, security, or prevent unauthorized access or abuse while arbitration is pending. Government agencies may enforce rights where law permits.

Procedure and fees. Arbitration may occur by documents, telephone, video, or an in-person hearing reasonably convenient to the consumer, as required by AAA rules and applicable law. Fees will be allocated under AAA Consumer Arbitration Rules. A court of competent jurisdiction may enter judgment on the award.

30-day opt-out. You may opt out of arbitration by emailing support@usehype.app within 30 days after first accepting these Terms. Use the subject “Arbitration Opt-Out” and include your full name, the phone number associated with your HYPE account, and an unambiguous statement that you opt out of arbitration. A parent or guardian may submit the notice for a minor. Opting out affects only arbitration; all other Terms remain effective, and Brave will not be bound to arbitrate disputes with you.

If the class-action waiver is finally found unenforceable for a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable claims are completed. If any other portion of this arbitration section is unenforceable, it will be severed and the remainder enforced to the fullest extent permitted by law. This section survives termination.

Governing law and courts

The Federal Arbitration Act governs arbitration. For all other purposes, these Terms and disputes are governed by Delaware law, without regard to conflict-of-law rules, except that mandatory consumer protections of your home jurisdiction continue to apply when they cannot lawfully be waived. Any dispute not subject to arbitration or small-claims court must be brought exclusively in the state or federal courts located in Delaware, and you and Brave consent to personal jurisdiction and venue there.

Apple App Store terms

If you obtain HYPE through Apple’s App Store, these Terms are between you and Brave, not Apple. Apple has no obligation to provide maintenance or support and is not responsible for the Service or claims relating to it. Your use must comply with App Store rules. If HYPE fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. Brave, not Apple, is responsible for addressing claims concerning HYPE, including product-liability, regulatory, and intellectual-property claims, to the extent required by law. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the App Store provisions against you.

General terms

These Terms, the Privacy Policy, and any additional terms presented for a feature are the entire agreement concerning the Service and replace prior agreements on that subject. You may not assign or transfer these Terms or your rights without Brave’s written consent. Brave may assign them, in whole or part, without restriction, including in connection with a financing, merger, acquisition, reorganization, or sale of assets.

Brave is not liable for delay or failure caused by circumstances beyond its reasonable control. Failure to enforce a provision is not a waiver. Headings are for convenience. If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder remains effective. Except for Apple’s rights above and indemnified parties’ rights, these Terms create no third-party beneficiary rights.

Contact

Questions or legal notices may be sent to support@usehype.app or Brave LLC, 20 River Court, Jersey City, NJ 07310. Email is not accepted for formal service of process unless Brave expressly agrees in writing.