Terms of Service

1. Acceptance of Terms

By accessing or using Hypegen, a service owned and operated by AEPOKOT LLC ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

Age Requirement: You must be at least 13 years old to use this Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these requirements.

2. Description of Service

Hypegen is a waitlist for an upcoming AI-powered video generation service. By joining the waitlist, you express interest in being notified when our service launches.

3. Account Registration

To join our waitlist, you must provide a valid email address. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You may only create one account. We reserve the right to suspend or terminate accounts that contain false or misleading information or that violate these Terms.

4. Waitlist and Referral Program

Your waitlist position may change based on referral activity and other factors at our discretion. By participating in our referral program, you agree to the following:

• You will only share your referral link through legitimate means
• You will not create fake or duplicate accounts to improve your position
• You will not use automated tools or bots to generate referrals
• You will not engage in any fraudulent or deceptive practices

5. User Content and Submissions

5.1 Ownership

You retain ownership of any content you submit to the Service ("User Content"), including prompts, parameters, and other creative inputs. By submitting User Content, you grant us a limited, non-exclusive, royalty-free license to use, display, store, and process your content for the purpose of operating and improving the Service.

5.2 Storage of Prompts

We store the prompts and parameters you submit when using our video generation features. This allows us to provide you with prompt history, improve our Service, and enable community features such as prompt sharing.

5.3 Responsibility

You are solely responsible for your User Content and the consequences of submitting it. You represent and warrant that you have all necessary rights to submit your content and that it does not violate any third-party rights or applicable laws.

6. Community Prompt Sharing

6.1 Sharing Your Prompts

Our Service allows you to share prompts with the community. When you choose to share a prompt, you agree that:

• The prompt becomes publicly accessible to all users of the Service
• Other users may view, use, remix, and build upon your shared prompts
• Your username or display name may be associated with the shared prompt
• Once shared, prompts cannot be made private again (though you may request removal)

6.2 License for Shared Prompts

By sharing a prompt, you grant a perpetual, worldwide, non-exclusive, royalty-free license to all users of the Service to use, copy, modify, and create derivative works based on your shared prompt. This license is similar to a Creative Commons public license and allows the community to benefit from your creativity.

6.3 Using Others' Prompts

When using prompts shared by other users, you agree to:

• Respect the original creator's attribution where displayed
• Not claim exclusive ownership over content generated using shared prompts
• Not use shared prompts for any illegal or prohibited purposes

6.4 Prompt Removal

You may request removal of your shared prompts by contacting us. However, we cannot guarantee removal of copies that other users may have saved or used before your request. We reserve the right to remove any shared prompts that violate these Terms or our Acceptable Use Policy.

7. Creator Rewards Program

7.1 Program Overview

We offer a Creator Rewards Program that allows users to earn rewards when their shared prompts are used by other community members. Rewards may include internal tokens, credits, merchandise, or monetary payments.

7.2 Eligibility

To participate in the Creator Rewards Program and receive monetary payments, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Provide accurate payment information (e.g., PayPal, bank account details)
• Complete any required identity verification (KYC) procedures
• Provide tax information as required by applicable laws (e.g., W-9 for US residents)

7.3 Reward Calculation and Payment

Rewards are calculated based on criteria determined by us, which may include prompt popularity, usage metrics, and other factors. We reserve the right to modify the reward structure at any time. Payments are subject to:

• Minimum payout thresholds before withdrawals are available
• Processing times that may vary by payment method
• Applicable fees charged by payment processors

7.4 Tax Obligations

You are solely responsible for any taxes arising from rewards you receive. Depending on your jurisdiction and the amount earned, we may be required to:

• Collect tax forms (such as W-9 or W-8BEN)
• Withhold taxes from payments
• Report payments to tax authorities (such as IRS Form 1099 in the United States)

We recommend consulting a tax professional regarding your obligations.

7.5 Program Modifications and Termination

We reserve the right to modify, suspend, or terminate the Creator Rewards Program at any time. Earned but unpaid rewards at the time of termination will be paid out according to our standard procedures, provided minimum thresholds are met and no violations of these Terms have occurred.

8. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Service or its infrastructure
• Use automated scripts, bots, or other means to access the Service without permission
• Harvest or collect information about other users
• Transmit any malware, viruses, or other harmful code
• Engage in any activity that could harm our reputation or business interests
• Impersonate any person or entity
• Engage in harassment, abuse, or harmful conduct toward others

9. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio, video, software, and the underlying code, are owned by Hypegen or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

10. Disclaimer of Warranties

We do not guarantee that the Service will meet your requirements or that any errors will be corrected.

Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Hypegen and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a formal dispute, you agree to first contact us at privacy@hypegen.ai to attempt to resolve the dispute informally. We will try to resolve your concerns within 30 days.

11.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Hypegen agree to resolve any claims relating to these Terms or the Service through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, except as modified by this section.

The arbitration will be conducted in the English language. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.3 Opt-Out

You may opt out of this arbitration agreement by sending written notice to privacy@hypegen.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

11.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court, and either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property rights.

11.5 Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

12. General Provisions

12.1 Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination:

• Your right to access the Service will immediately cease
• We may delete your account and associated data
• All provisions of these Terms that should survive termination will survive

You may also terminate your account at any time by contacting us at privacy@hypegen.ai.

12.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also send you an email notification.

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

12.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hypegen regarding the Service and supersede all prior agreements.

12.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.5 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12.6 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at: